USA Regulatory News

On 15 May 2023, a legislation (the Toxic-Free Cosmetics Act, HB 1047) was signed by Washington Governor Jay Inslee to ban per- and polyfluoroalkyl substances (PFAS), phthalates and several other chemi...

On 15 May 2023, a legislation (the Toxic-Free Cosmetics Act, HB 1047) was signed by Washington Governor Jay Inslee to ban per- and polyfluoroalkyl substances (PFAS), phthalates and several other chemicals from personal care products. This is considered the strongest law in the United States on the regulation of cosmetics and personal care products.

The following chemicals which are intentionally added in cosmetic products will be banned from 1 January 2025. Retailers will be allowed to sell existing noncompliant products until 2026.

The following two main modifications to the House bill have been adopted by the US Senate in April 2023.

• By May 2024, an initiative is to be taken to assist independent cosmetologists and small businesses in transitioning to safer products.

• The Washington State Department of Ecology is required to build up a list of products giving off formaldehyde or formaldehyde releasing agents which may subject to restriction.   

At the 11th meeting of the Conference of the Parties (COP) to the Stockholm Convention on 5 May 2023, more than 120 countries agreed to add 2 plastic chemicals and one pesticide to the Conventions lis...

At the 11th meeting of the Conference of the Parties (COP) to the Stockholm Convention on 5 May 2023, more than 120 countries agreed to add 2 plastic chemicals and one pesticide to the Conventions list of substances for global elimination (Annex A). The delegates to the COP found that the chemicals, the plastic additive UV-328, the flame retardant Dechlorane Plus (also often used in plastics), and the pesticide methoxychlor all meet the Convention criteria as persistent organic pollutants (POPs) required for a global ban.

The uses and hazards of the 3 substances are:

However, time-limited exemptions were agreed on for the use of UV-328 and Dechlorane Plus. The exemptions are summarised in the tables below.

Several countries called for labelling of products that contain the 2 plastic additives while others opposed. The Convention’s Scientific Review Committee plans to evaluate options for identifying POPs in products and waste.

On 14 March 2023, the US EPA has come up with its new long-awaited drinking water standards to prevent water from Per- and poly fluroalkyl substances (PFAS) contamination. The new rule sets maximum co...

On 14 March 2023, the US EPA has come up with its new long-awaited drinking water standards to prevent water from Per- and poly fluroalkyl substances (PFAS) contamination. The new rule sets maximum contamination levels (MCLs) for six PFASs to safeguard public health. It would enforce separate standards for the almost disused PFOA and PFOS, as well as a combined limit for PFNA, PFHxS, PFBS and GenX.

In the current version of the proposed standard, MCLs separately regulate PFOA and PFOS at 4 part per trillion (ppt)  which is realistic based on existing quantification and water treatment techniques. As a part of the proposal, mixtures of any of the four compounds to a hazard index of 1.0 which would indicate whether the combined amounts could pose a risk.

Water systems would need to be monitored for all six pollutants under the Safe Drinking Water Act (SDWA) regulation. Utility companies would have to inform the public and treat the water if levels were to surpass the limitations.

On 7 April 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed lowering the "No Significant Risk Level" (NSRL) for ethylene oxide under the Safe Drinking Water and T...

On 7 April 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed lowering the "No Significant Risk Level" (NSRL) for ethylene oxide under the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65).  It was proposed to reduce the NSRL from 2 to 0.058 micrograms per day. Ethylene oxide has been identified as a known carcinogen under Proposition 65. The proposal is open for comments until May 23, 2023. 

Prop 65 requires the inclusion of warning statements when a company's product causes "exposure" to carcinogens or reproductive toxicants. There is no requirement for warnings when exposure is protected by the "safe harbour." The safe harbour for carcinogens is the "No Significant Risk Level" (NSRL), or the level of exposure that would cause no more than one additional case of cancer in a population of 100,000 exposed people, assuming exposure throughout a lifespan of 70 years. 

The US Environmental Protection Agency (EPA) has informed the WTO on changes in reporting requirements for per- and polyfluoroalkyl substances (PFAS) and supplier notifications for Chemicals of Specia...

The US Environmental Protection Agency (EPA) has informed the WTO on changes in reporting requirements for per- and polyfluoroalkyl substances (PFAS) and supplier notifications for Chemicals of Special Concern. On 6 December 2022, the WTO released a notification stating: ‘The Environmental Protection Agency (EPA) proposed a rule to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for the Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern’. The reporting threshold for PFAS is already lower, at 100 pounds. The addition of PFAS to the list of chemicals of special concern will make them subject to the same reporting requirements as other chemicals of special concern. This would eliminate the use of the de minimis exemption and the option to use Form A, and limit the use of range reporting for PFAS. A more complete picture of the discharges and waste management volumes for PFAS will be obtained after eliminating the availability of these burden-reduction reporting options. In addition, the EPA is trying to remove the de minimis exemption from the Supplier Notification Requirements for all the chemicals in the list of special concerns. This step will make it possible to inform consumers who buy mixtures and brand-name items containing such compounds of their presence. 

On 2 December 2022, the US Environmental Protection Agency (EPA) released a notification for chemical substances that are the subject of premanufacture notifications (PMNs) and Microbial Commercial Ac...

On 2 December 2022, the US Environmental Protection Agency (EPA) released a notification for chemical substances that are the subject of premanufacture notifications (PMNs) and Microbial Commercial Activity Notices (MCANs).  The EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA). The SNURs mandate that anyone planning to manufacture (defined by legislation to include import) or process any of these chemical substances for an activity that is identified by this rule as a substantial new use, must notify the EPA at least 90 days prior to the start of that activity. The mandatory notice starts EPA's evaluation of the use within the relevant review period, under the conditions of use for that chemical substance. Nobody is permitted to start manufacturing or processing for a significant new use before the EPA has examined the notice, made an appropriate determination on the notice, and has taken the actions that are required by that determination. This new rule will be effective from 31 January 2023. 

New York state is preparing to ban the use of PFAS chemicals in manufacturing apparel and clothing. The measure is set to take effect on the final day of 2023.  Bill (S 6291A/A 7063A) was signed i...

New York state is preparing to ban the use of PFAS chemicals in manufacturing apparel and clothing. The measure is set to take effect on the final day of 2023.

 Bill (S 6291A/A 7063A) was signed into law that would ban PFAS in clothing by December 31, 2023. The bill was passed by the state legislature last May and officially signed into law on December 30, 2022.

The restrictions come into effect as major companies like Under Armour and certifying organizations like ZDHC agree to phase out the substance class from fabrics.

Companies have until the end of 2023, to comply with the original legislation; but, under the agreement, they will have until:

• 1 January 2025 to stop selling new common apparel with intentionally added PFASs – except protective work uniforms and heavy-duty outerwear.
• 1 January 2027, at the latest, to stop selling items containing PFASs over a threshold to be set by the Department of Environmental Conservation (DEC).
• 1 January 2028 to cease offering new "outdoor apparel for severe wet conditions" containing PFASs that are knowingly added or above a DEC-established amount.

Legislators are also expected to approve language that will ensure retailers won't be held accountable for an apparent violation if they can prove that they relied on a false certificate of compliance from a manufacturer. Violators of this bill will face a maximum $1,000 civil penalty for each day of offence and $2,500 per day for a repeat offence as set by the agreement.