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ECHA Considers 22 Chemicals for Inclusion in REACH Authorisation List

The European Chemicals Agency (ECHA) is considering the addition of 22 new chemicals to the REACH authorisation list. This is the largest list of chemicals considered for authorization since REACH became effective.  Comments are due November 30, 2014.

The chemicals being considered are:

  • Two substances obtained from coal tar: Anthracene oil; Pitch, coal tar, high temp.
  • Seven lead substances: Orange lead (lead tetroxide); Lead monoxide (lead oxide); Tetralead trioxide sulphate; Pentalead tetraoxide sulphate; Silicic acid, lead salt; Pyrochlore, antimony lead yellow; Acetic acid, lead salt, basic.
  • Four boron substances: Boric acid; Disodium tetraborate, anhydrous; Diboron trioxide; Tetraboron disodium heptaoxide, hydrate.
  • Seven phthalates: Diisopentylphthalate; 1,2-Benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7-rich; 1,2-Benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters; 1,2-Benzenedicarboxylic acid, dipentylester, branched and linear; Bis(2-methoxyethyl) phthalate; N-pentyl-isopentylphthalate; Dipentyl phthalate.
  • 4-Nonylphenol, branched and linear, ethoxylated.
  • 1-Bromopropane (n-propyl bromide).

Under REACH, chemicals identified as substances of very high concern (SVHCs) may be added to the REACH authorisation list.  “Authorisation” imposes significant burdens; contrary to what its name suggests, a chemical’s identification on the authorisation list does not mean that it is automatically authorized for marketing or use.  To the contrary — once added to the list, those chemicals cannot be placed on the market, or used after the date specified by ECHA for a particular chemical, unless specific authorization is granted or an exemption otherwise exists. Applying for authorization is a resource- and data-intensive task, though not a wholly impossible one:  so far, Rolls-Royce has been granted authorization to use di(2-ethylhexyl) phthalate to manufacture aircraft engine blades, and other applications for authorization have been submitted, for trichloroethylene and for diarsenic trioxide.

 

Ms. Grimaldi maintains a diverse environmental law practice focusing on chemical and product regulation and litigation defense. Her practice areas include Proposition 65, California's Safer Consumer Products Regulations, California's Rigid Plastic Packaging Container Act and the federal Toxic Substances Control Act. Ms. Grimaldi graduated from the University of California Hastings College of the Law magna cum laude and holds a Bachelor of Science Degree in Bacteriology from University of California, Davis. Prior to attending law school, she worked as a research assistant in laboratories at the University of California, San Francisco Cancer Research Institute and at the University of California, San Francisco School of Medicine.