Chemicals | Monthly bulletin | June 2024

Europe

Adoption of restriction on Cyclosiloxanes

On the 17^th of May 2024, the European Commission published the following regulation, amending REACH Annex XVII:

Commission Regulation (EU) 2024/1328 of 16 May 2024 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexasiloxane (D6).

The main change is the replacement of text of Entry 70 in Annex XVII of Regulation (EC) Nº 1097/2006 (REACH) related to siloxanes D4, D5 and D6 by text indicate in this amendment. D4, D5, and D6 are used in cosmetics, dry cleaning, waxes and washing and cleaning products.

To refer the full restriction, please consult the official publication in European Commission website here.

Recent publications on REACH Regulation

The following table provides a non-exhaustive summary of some recent updates regarding REACH Regulation (EC) No 1907/2006:

Other interesting resources on REACH on the ECHA’s website

• Registry of restriction intentions until outcome - ECHA (europa.eu)
• Registry of SVHC intentions until outcome - ECHA (europa.eu)
• Substance evaluation - CoRAP - ECHA (europa.eu)
• Adopted opinions and previous consultations on applications for authorisation - ECHA (europa.eu)
• Applications for authorisation - current consultations - ECHA (europa.eu)
• Current calls for comments and evidence - ECHA (europa.eu)
• Authorisation List - ECHA (europa.eu)
• ECHA's completed activities on restriction
• Submitted restrictions under consideration
• Assessment of regulatory needs list

Recent publications regarding CLP Regulation

The following table provides a non-exhaustive summary of some recent updates regarding CLP Regulation (EC) No 1272/2008:

Other interesting resources on CLP on the ECHA’s website

• Registry of CLH intentions until outcome - ECHA (europa.eu)
• Harmonised classification and labelling consultations - ECHA (europa.eu)

Technical publications related to household products

The below table outlines recent publications related to household products:

Methodology to measure microplastics in water

On the 21^st of May 2024, the European Commission published the following delegated decision, adopting methodology to measure microplastics in water intended for human consumption:

Commission Delegated Decision (EU) 2024/1441 of 11 March 2024 supplementing Directive (EU) 2020/2184 of the European Parliament and of the Council by laying down a methodology to measure microplastics in water intended for human consumption.

For more information on this methodology, please consult the official publication in European Commission website here.

Switzerland

Bans PFHxS for production and use

On the 18^th of March 2024, the Swiss authorities published RO 2024 113 on Decision no. SC-10/13 of the Conference of the Parties on the inclusion of perfluorohexanesulfonic acid (PFHxS), its salts and related compounds.

These compounds were added to the list of substances for elimination under Part I of Appendix A in the nation’s POP Convention.

Perfluorohexanesulfonic acid (PFHxS), its salts and related compounds have been prohibited (with no derogations) for production and use since 16 November 2023.

For more information, please consult the official publication in Swiss Fedlex website (French, Italian and German version)

UK

Chemicals legislation reform

On the 10^th of May 2024, the UK Department for Business & Trade published a policy paper, “Smarter regulation to grow the economy”.

This publication indicates how the regulation framework will be reformed to help drive economic growth and sets out the government’s commitment to reforming the existing stock of regulation.

In terms of chemical legislation, Health and Safety Executive (HSE) is exploring opportunities to use powers in the Retained EU Law (Revocation and Reform) Act 2023 to reform its chemicals supply regulations:

• GB Classification, Labelling and Packaging of substances and mixtures (GB CLP)
• GB Biocidal Products Regulation (GB BPR)
• GB Prior Informed Consent for the export and import of certain hazardous chemicals (GB PIC)

The powers in the Retained EU Law (Revocation and Reform) Act 2023 expire in June 2026, so any changes need to be made before then.

US

Maine Prohibits PFAS in Food Packaging

On the 25^th of May 2024, the State of Maine updated Chapter 80: Reduction of Toxics in Packaging to prohibit intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the following nine types of food packaging made of paper, paperboard, or other materials originally derived from plant fibres and which are intended for short-term storage or to hold freshly prepared food:

• Bags and sleeves
• Bowls
• Closed containers
• Flat serviceware
• Food boats
• Open-top containers
• Pizza boxes
• Plates
• Wraps and liners

The prohibition does not apply to a manufacturer of a food or beverage product that is contained in a food package or to which a food package is applied if that manufacturer has less than $1,000,000,000 of total annual national sales of food and beverage products.

The Final Rule became effective immediately on May 25, 2024.

Colorado Amends PFAS Law

On the 1^st of May 2024, the State of Colorado approved SB 24-081 amending HB 22-1345 that regulates perfluoroalkyl and polyfluoroalkyl substances (PFAS) in a variety of consumer products. The new amendment includes the following changes to HB 22-1345:

• Adds new terms and definitions of products
• Prohibits intentionally added PFAS in cookware on January 1, 2026 and repeals the disclosure requirement for cookware on January 1, 2026
• Prohibits outdoor apparel for severe wet conditions on January 1, 2028 and repeals the labelling requirement for outdoor apparel for severe wet conditions on January 1, 2028.

Please see Table 1 below for an updated summary of Colorado’s PFAS regulation.

Table 1:

Maryland regulates PFAS in playground surface materials

On the 15^th of May 15 2024, the State of Maryland signed HB 1147 into law to regulate lead and PFAS chemicals in playground surface materials. Effective October 1, 2024, a person may not use, install, supply, sell, solicit or offer for sale a state playground surfacing material that contains (1) more than 90 ppm of lead or (2) a component product, material, or substance to which PFAS chemicals were previously intentionally added in the formation of that component where the continued presence of the PFAS chemicals was desired in the component to provide a specific characteristic.

“Playground” is defined as a public outdoor recreation area for children equipped with one or more play structures.

“Playground surfacing materials” is defined as products, materials, or substances used or installed on the ground surface of a playground that comes into direct contact with a person.

US EPA restricts additional methylene chloride uses

On the 8^th of May 8 2024, the US Environmental Protection Agency (EPA) published a Final Rule in the Federal Register to expand the restriction of methylene chloride uses. The new rule will amend 40 CFR 751 to:

• Prohibit the manufacture, processing, and distribution of methylene chloride for all consumer use, as outlined in Unit IV.C.
• Prohibit most industrial and commercial use of methylene chloride and delay prohibition for two conditions of use, as outlined in Unit IV.C.;
• Require a workplace chemical protection programme (WCPP), including inhalation exposure concentration limits and related workplace exposure monitoring and exposure controls, for 13 conditions of use of methylene chloride (including manufacture; processing; several industrial and commercial uses such as laboratory use; and disposal), as outlined in Unit IV.B.;
• Identify a de minimis threshold for products containing methylene chloride for the prohibitions and restrictions on methylene chloride, as outlined in Unit IV.A.;
• Require recordkeeping and downstream notification requirements for manufacturing, processing, and distribution in commerce of methylene chloride, as outlined in Unit IV.E.; and
• Provide a 10-year time-limited exemption under TSCA section 6(g) for emergency use of methylene chloride in furtherance of the National Aeronautics and Space Administration’s mission for specific conditions which are critical or essential and for which no technically and economically feasible safer alternative is available, taking into consideration hazard and exposure, as outlined in Unit IV.F., with conditions for this exemption to include compliance with the WCPP described in Unit IV.B.

Please see Table 1 below for the timeline of prohibitions:

Sustainability, circular economy and environment

Miscellaneous technical publications relating to environmental, plastics, packaging and waste

The below table summarises the most recent publications regarding the environment, circular economy, and sustainability (non-exhaustive):