Page 37 - 2018 October Bar Journal

ENVIRONMENTAL LAW

specific chemicals including polychlorinated
biphenyls (PCBs), asbestos, radon and lead-
based paint. More specifically, various sections
of TSCA provide authority for EPA to:
• •Require pre-manufacture notification for “new
chemical substances” before manufacture.
• •Require testing of chemicals by manufacturers,
importers, and processors where risks or
exposures of concern are found.
• •Issue Significant New Use Rules (SNURs)
when it identifies a “significant new use”
that could result in exposures to, or releases
of, a substance of concern.
• •Maintain the TSCA Inventory, which
contains more than 83,000 chemicals.
As new chemicals are commercially
manufactured or imported, they are placed
on the list.
• •Require those importing or exporting
chemicals to comply with certification
reporting and/or other requirements.
• •Require reporting and record-keeping
by persons who manufacture, import,
process, and/or distribute chemical
substances in commerce.
• •Require any person who manufactures
(including imports), processes, or
distributes in commerce a chemical
substance or mixture and who obtains
information which reasonably supports the
conclusion that such substance or mixture that they need to fulfil their regulatory System (GHS). CLP is the only legislation in the
presents a substantial risk of injury to health obligations. So, don’t be surprised if you are EU for classification and labelling of substances
or the environment to immediately inform asked for information in order for your EU and mixture, and it requires manufacturers,
EPA, except where EPA has been adequately importers to comply with REACH. importers or downstream users of substances
informed of such information. The following questions will help focus or mixtures to classify, label and package their
the inquiry to the appropriate EU chemical hazardous chemicals appropriately before
What about the rest of the world? regulations: placing them on the market.
In Europe, one of the best-known chemical • •What do you export to the EU? Much like California’s Prop 65
regulations is REACH (Registration, • •Do your exported products contain requirements, once a substance or mixture
Evaluation, Authorisation and Restriction of substances that require REACH registration is classified under the EU’s CLP Regulation,
Chemicals). REACH establishes procedures by the EU-importer? the identified hazards must be communicated
for collecting and assessing information on • •Are your exported products affected to other actors in the supply chain, including
the properties and hazards of substances. by regulatory requirements other than consumers. Hazard labelling allows the
Companies must register their substances, registration, such as notification or hazard classification, with labels and safety
and they often work together with other “authorization”? data sheets, to be communicated to the user
companies who are registering the same • •What are the advantages and disadvantages of a substance or mixture, to alert them about
substance. The responsibility for fulfilling of appointing an “Only Representative” to the presence of a hazard and the need to
the requirements of REACH and the fulfil the obligations resting on importers? manage the associated risks. Also, like Prop
Classification, Labelling and Packaging • •Do your exported products require 65, CLP sets detailed criteria for the labelling
Regulation (CLP), such as registration or classification, labelling and packaging in elements: pictograms, signal words and
labelling, lies with the importers established accordance with the CLP Regulation? standard statements for hazard, prevention,
in the European Union, or for REACH In addition to possible REACH obligations, the response, storage and disposal, for every
obligations, with the “Only Representative” questions above might lead you to issues arising hazard class and category. It also sets general
of a non-EU manufacturer established in from the requirements of the Classification, packaging standards to ensure the safe supply
the European Union. However, importers Labelling and Packaging (CLP) Regulation of hazardous substances and mixtures. In
in the EU often turn to their non-EU (e.g., (No. 1272/2008). The CLP Regulation is based addition to the communication of hazards
American) suppliers and request information on the United Nations’ Globally Harmonised through labelling requirements, CLP is also
OctOber 2018 Cleveland Metropolitan Bar Journal | 37