TSCA Review For Common Household Product Chemicals

EPA has released for public comment draft risk assessments on five chemicals found in common household products. The draft risk assessments were developed as part of the agency’s Toxic Substances Control Act (TSCA) Work Plan, which identified common chemicals for review to assess any impacts on human health and the environment. The five assessments address the following chemical uses:

• methylene chloride or dichloromethane (DCM) and n-methylpyrrolidone (NMP) in paint stripper products;
• trichloroethylene (TCE) as a degreaser and a spray-on protective coating;
• antimony trioxide (ATO) as a synergist in halogenated flame retardants; and
• 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8,-hexamethylcyclopenta-[γ]-2-benzopyran (HHCB) as a fragrance ingredient in commercial and consumer products.

The draft assessments focus either on human health or ecological hazards for specific uses which are subject to regulation under TSCA. The draft assessments were undertaken as part of EPA’s efforts to identify chemicals for review under the TSCA Work Plan, which EPA released in March 2012. At that time, EPA identified 83 chemicals as candidates for review and outlined the data sources and other information the agency would use in the reviews.


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Preliminary Rulemaking In California For Hydraulic Fracturing Operations

On December 18, the California Department of Conservation/Division of Oil, Gas, and Geothermal Resources released a draft of regulations covering hydraulic fracturing. The Division says the draft regulations are a "discussion draft," meaning the version does not begin a formal rulemaking process, but rather, starts the discussion by key stakeholders, such as industry, environmental groups, regulators, and any interested members of the public. The discussions will help prepare for the more formal rulemaking process, which is expected to begin by February 2013. The Division will accept written comments until 45 days after the formal rulemaking begins.

The discussion draft regulations touch on topics such as:

• Pre-fracturing well-testing;
• Advance notification;
• Monitoring during and after drilling operations;
• Disclosure of fracturing fluid materials;
• Confidential business information; and
• Handling and Storage of hydraulic fracturing fluids;

The proposed regulations would require hydraulic fracturing operators to publicly disclose detailed information about their operations, including a complete list of chemicals, and their concentrations. If the material is a trade secret, then operators must inform the public of its chemical family or use a similar method to describe it.

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EPA and Consumer Product Safety Commission Collaboration On Nanomaterial Risk Research

The U.S. Environmental Protection Agency (EPA) and the U.S. Consumer Product Safety Commission (CPSC) has announced their collaboration in a research effort to assess any potential impacts of nanomaterials on human health and the environment. Nanomaterials appear in many household products ranging from clothing to building materials.

EPA's collaborative research with CSPC is part of a larger effort that focuses on:

• Identifying, characterizing and quantifying the origins of nanomaterials
• Studying biological processes affected by nanomaterials that could influence risk
• Determining how nanomaterials interact with complex systems in the human body and the environment
• Involving industry to develop sustainable manufacturing processes
• Sharing knowledge through innovative online applications that allow for rapid feedback and accelerated research progress

CPSC, in working with other federal agencies, ensures that common public health concerns are met and will use research findings to inform:

• Protocol development to assess the potential release of nanomaterials from consumer products
• Credible rules for consumer product testing to evaluate exposure
• Determination of the potential public health impacts of nanomaterial used in consumer products

This research is a part of the U.S. government efforts to assess the potential risks of nanomaterials. These efforts are coordinated by the U.S. National Nanotechnology Initiative (NNI). NNI is a collaborative project comprised of 25 agencies, including EPA and CPSC.

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NIOSHA Recommended Medical Surveillance For Some Healthcare Workers

National Institute for Occupational Safety and Health (NIOSH) is recommending addition protections for healthcare workers who prepare, administer, or transport hazardous drugs or dispose of hazardous drug waste  To minimize or prevent exposure to chemical hazards, NIOSH is recommending that employers establish a medical surveillance program as part of a comprehensive prevention program that utilizes engineering controls, good work practices, personal protective equipment (PPE), and training to protect workers.

Medical surveillance involves collecting and interpreting data to detect changes in the health status of working populations potentially exposed to hazardous substances.The elements of a medical surveillance program are used to establish an initial baseline of workers' health and then monitor future health as it relates to their potential exposure to hazardous agents. This information can be used to identify and correct prevention failures leading to disease. In particular, an effective surveillance program begins with a hazard identification program that is integrated with surveillance for disease or illness.

NIOSH has indicated that for workers exposed to hazardous drugs, the medical surveillance program should include:

• Reproductive and general health questionnaires completed at the time of hire and periodically thereafter.
• History of drug handling as an estimate of prior and current exposure, including dates of duty assignment related to hazardous drugs and similar types of information.
• A plan to provide initial baseline clinical evaluation, including appropriately targeted medical history, physical examination, and laboratory testing for workers identified as being potentially exposed to hazardous drugs that anticipates their potential toxicities.
• A follow-up plan as needed for workers who have shown health changes suggesting toxicity or who have experienced an acute exposure (substantial skin contact or inhalation exposure, cleaning a large spill [a broken IV bag, leaking IV line], etc.).

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Information Request For Hydraulic Fracturing Study

EPA has published a request for information in the Federal Register asking the public to submit data and scientific literature on the potential impacts of hydraulic fracturing on drinking water resources. Congress has requested that EPA to conduct scientific research to examine the relationship between hydraulic fracturing and drinking water resources, in response to public concern.

The Agency is undertaking a study to understand the potential impacts of hydraulic fracturing on drinking water resources, if any, and to identify the factors that may affect the severity and frequency of such impacts. The scope of the study includes the full hydraulic fracturing water lifecycle, from water acquisition, through the mixing of chemicals and injection of fracturing fluids, to the post-fracturing stage (including the management of flowback and produced water), to its ultimate treatment and disposal. The study will include a review of the published literature, analysis of existing data, scenario evaluation and modeling, laboratory studies, and case studies.

Interested persons are requested to submit scientific analyses, studies, and other pertinent scientific information. The agency will accept data literature until April 30, 2013.

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Use of e-NEPA System Required After October 1, 2012

U.S. Environmental Protection Agency (EPA) has announced the release of e-NEPA, a new online system that allows federal agencies to submit environmental impact statements (EISs) electronically. Traditionally, EISs have been submitted to EPA in hard copy. e-NEPA eliminates the need to mail or deliver copies of EISs to EPA headquarters, reducing printing, shipping, and delivery costs. EPA also belives it will save time through electronic filing and e-confirmation and improves transparency, allowing EPA to post EIS documents to EPA’s website.

The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental considerations into their decision-making processes by identifying the environmental impacts and reasonable alternatives to their proposed actions. To meet NEPA requirements federal agencies prepare detailed analyses known as EISs. EPA reviews, provides comments, and maintains a national filing system for EISs.

Beginning on October 1, 2012, all agencies are required to use the e-NEPA filing system.


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FTC Issues Revised Green Guides For Environmental Attribute Claims

The Federal Trade Commission (FTC) recently issued revised "Green Guides" that are designed to help marketers ensure that the claims they make about the environmental attributes of their products are truthful and non-deceptive. FTC has modified and clarified sections of the previous Guides and provided new guidance on environmental claims that were not common when the Guides were last reviewed.

Among other modifications, the Guides caution marketers not to make broad, unqualified claims that a product is "environmentally friendly" or "eco-friendly" because the FTC's consumer perception study confirms that such claims are likely to suggest that the product has specific and far-reaching environmental benefits. The revised Guides advise marketers not to make an unqualified degradable claim for a solid waste product unless they can prove that the entire product or package will completely break down and return to nature within one year after customary disposal.

The FTC cautions that items destined for landfills, incinerators, or recycling facilities will not degrade within a year, so marketers should not make unqualified degradable claims for these items; and clarify guidance on compostable, ozone, recyclable, recycled content, and source reduction claims.The Guides also contain new sections on Certifications and seals of approval; carbon offsets; free-of claims; non-toxic claims; made with renewable energy claims; and made with renewable materials claims.

The FTC first issued its Green Guides in 1992 to help marketers avoid making misleading environmental claims. It revised the Guides in 1996 and 1998, and proposed further revisions in October 2010 to take into account recent changes in the marketplace. The guidance they provide includes:

• General principles that apply to all environmental marketing claims;
• How consumers are likely to interpret particular claims, and how marketers can substantiate these claims; and
• How marketers can qualify their claims to avoid deceiving consumers.

FTC says the revised Guides issued take into account nearly 340 unique comments and more than 5,000 total comments received since the FTC released the proposed revised Guides in the fall of 2010. They also include information gathered from three public workshops and a study of how consumers perceive and understand environmental claims.

The Green Guides are not agency rules or regulations, but describe the types of environmental claims the FTC may or may not find deceptive under Section 5 of the FTC Act. Under Section 5, the agency can take enforcement action against deceptive claims, which ultimately can lead to Commission orders prohibiting deceptive advertising and marketing and fines if those orders are later violated.


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