EPA Adds 27 Chemicals to Safer Chemical Ingredients List

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The U.S. Environmental Protection Agency (EPA) announced on September 30, 2024, that it is updating the Safer Chemical Ingredients List (SCIL) “to enhance transparency in safer chemistry, help consumers and organizations find safer chemical alternatives, and increase innovation and growth of safer products.” According to EPA, with this update, there are 957 chemicals on the SCIL. The updates include:

  • Adding 27 chemicals to the SCIL: EPA states that the new additions include colorants, preservatives, processing aids and additives, polymers, solvents, and surfactants, giving product manufacturers more options for making high-performing products with safer chemicals;
  • Moving fragrances from the SCIL: Fragrances are acceptable for use in Safer Choice-certified products if they meet the Safer Choice Criteria for Fragrances. According to EPA, a subset of fragrances was previously listed on the SCIL, but the subset did not represent all fragrances acceptable for use in Safer Choice-certified products. EPA states that for clarity, it is moving the fragrances that were on the SCIL to the Safer Choice Fragrances Palette, “a list available to all Safer Choice partners and stakeholders” that “now serves as the single, comprehensive source of approved fragrances.” EPA notes that the Safer Choice Criteria for Fragrances is unchanged, and fragrances that meet the criteria continue to be allowed in Safer Choice-certified products. For purchasers and consumers that require or prefer products without fragrances, EPA will continue to allow use of the Fragrance-Free Safer Choice label on qualifying products;
  • Updating SCIL listings: EPA states that it is updating the status of 23 chemicals on the SCIL. As part of EPA’s routine maintenance of the SCIL, EPA determined that 20 solvents previously characterized as “full green circles” or “yellow triangles” are better characterized as “half-green circles.” According to EPA, a half-green circle indicates the chemical is expected to be of low concern based on experimental and modeled data. EPA also determined that one solvent, propyl acetate (Chemical Abstracts Service Registry Number® (CAS RN®) 109-60-4), “would be better characterized as a ‘yellow triangle,’ meaning the chemical meets the Safer Choice Criteria for Solvents but is not entirely free of concerns for human health or environment.” EPA notes that “[w]hile it is a best-in-class chemical and among the safest available solvents, it could be considered an area for innovation in designing safer chemical alternatives.”

EPA recharacterized methyl ethyl ketone (CAS RN 78-93-3) as a specialized industrial chemical on the SCIL to be consistent with other chemicals with similar hazard profiles. Specialized industrial chemicals represent a distinct subgroup of chemicals meeting the Criteria for Specialized Industrial Products and are used in products with unique performance requirements. All chemicals in this functional class are characterized as “yellow triangles.”

In addition, EPA changed one chemical on the SCIL, ethyl lactate (CAS RN 97-64-3), to a “grey square” and may remove the chemical from the SCIL after one year “because of a growing understanding of its potential health effects.” EPA states that a grey-square notation means that the chemical may not be allowed in Safer Choice-certified products unless relevant health and safety data are provided to justify continuing to list the chemical on the SCIL. Unless information provided to EPA adequately justifies continued listing, EPA will remove the chemical from the SCIL 12 months after the grey-square designation. No Safer Choice-certified products currently use this chemical.

EPA notes that no Safer Choice-certified products are impacted by these updates.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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