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June 2009

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Subject:
From:
"Marcus L. Thompson" <[log in to unmask]>
Reply To:
(Leadfree Electronics Assembly Forum)
Date:
Wed, 3 Jun 2009 09:58:24 -0700
Content-Type:
text/plain
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text/plain (404 lines)
Bob,

Please get back with the community if/when you know anything more about 
this.

Marcus Thompson


--- Previous Message in This Thread ---
Subject: Re:[LF] Official SVHC list
From: Michael Kirschner <[log in to unmask]>
To: [log in to unmask]
Date: Wednesday, June 03, 2009 9:40:50 AM

> Bob,
> 
> Yes it was authored by NEMA and focuses on their members' products, which
> often aren't directly in the scope of EU RoHS: they are "Electrical", not
> "Electronic". An intent is to codify a policy they have in place as a
> national requirement. I'd be surprised if their members were selling
> RoHS-compliant products into the markets you specify under this policy when
> the markets clearly do not want RoHS-compliant products!
> 
> Again, talk to them, maybe they'll revise it. I'd like to see a more
> explicit scope produced - which they say they have.
> 
> Mike
> 
> On Wed, 3 Jun 2009 12:30:21 -0400, Bob Landman <[log in to unmask]>
> wrote:
> 
>> Michael,
>>
>> Thanks.  I knew it was sponsered (and probably authored by) NEMA as they
> announced in 2006 their intention to ban lead in electronics by 2010.
>> See http://www.nema.org/gov/env_conscious_design/
>>
>> Environmental Stewardship
>> NEMA > Policy Issues > Environmental Stewardship 
>>
>> NEMA Environmental Stewardship Initiative
>>
>> In 2006, the electroindustry through NEMA announced a voluntary,
> industry-wide commitment known as the NEMA �Call to Action� to achieve the
> elimination or reduction of six substances (lead, mercury, cadmium,
> hexavalent chromium, polybrominated biphenyls, and polybrominated diphenyl
> ethers) in many NEMA member products by July 2010 on a global basis. This
> commitment reflects standards originally enacted in European markets under
> the European Union�s Restriction of Hazardous Substances (RoHS) Directive,
> but NEMA members chose to extend their compliance with the standard to all
> markets in which electroindustry products are sold.  The �Call to Action�
> initiative also includes a second phase to identify further product
> stewardship measures, such as additional hazardous materials reductions and
> recycling programs.  The goal is to have those additional initiatives in
> place by July 2014. 
>> H.R. 2420, Environmental Design of Electrical Equipment Act ("EEDE Act")
>>
>> With the input of the electroindustry and NEMA members, legislation was
> drafted to codify the industry�s 2010 commitment for the initial RoHS
> substances into U.S. federal law. After significant work and outreach to
> Capitol Hill, H.R. 2420, the Environmental Design of Electrical Equipment
> Act of 2009 (the �EDEE Act�), was introduced in the U.S. House of
> Representatives by Congressman Michael Burgess (R-TX) on May 14, 2009.  To
> urge your Representative to cosponsor H.R. 2420, please click here.  NEMA
> continues to work to secure the introduction of a companion bill in the U.S.
> Senate.
>>    * H.R. 2420, the Environmental Design of Electrical Equipment Act of
> 2009 (�EDEE Act�)
>>    * Issue Brief on the Environmental Design of Electrical Equipment Act
> of 2009 (H.R. 2420)
>>    * White Paper on the Environmental Design of Electrical Equipment Act
> of 2009 (H.R. 2420)
>> =========
>> The problem is they did not copy RoHS, they EXPANDED it significantly. 
> There are NO exemptions for aerospace, military or implanted medical
> electronics.  Even the EU understands there are HIGH RELIABILITY areas where
> lead in solder must be used.  NASA requires the use of lead in solder as
> does the USAF.
>> Regards,
>>
>> Bob Landman
>> H&L Instruments, LLC 
>>
>> -----Original Message-----
>> From: Leadfree [mailto:[log in to unmask]] On Behalf Of Michael Kirschner
>> Sent: Wednesday, June 03, 2009 12:17 PM
>> To: [log in to unmask]
>> Subject: Re: [LF] Official SVHC list
>>
>> Bob,
>>
>> This is from NEMA, the National Electrical Manufacturers Association.
>> Contact them for more information on their reasoning for it.
>>
>> Michael Kirschner
>> President
>> Design Chain Associates, LLC
>> 415.904.8330
>> --
>> Design Chain Associates, LLC - Design Chain Solutions for Competitive
> Advantage 
>> www.DesignChainAssociates.com
>> www.ChinaRoHS.com
>> www.KoreaRoHS.com
>> www.REACHEU.com
>>
>>
>> On Wed, 3 Jun 2009 12:04:50 -0400, Bob Landman <[log in to unmask]>
>> wrote:
>>
>>> Is anyone here aware of a new bill in Congress (H.R. 2420)  that will 
>>> ban
>> lead in solder except for a few areas of industry?  If you are aware of it,
> what is your company's position on the bill?  Is your company willing to
> lobby against this bill unless it is changed quite a bit?
>>> Bob Landman
>>> H&L Instruments, LLC
>>>
>>> I found this: 
>> http://energycommerce.house.gov/index.php?option=com_content&task=view&id=1505
>> which explains what the driving force is for the bill.
>>> =================
>>> Revisiting the Toxic Substances Control Act of 1976 Hearings - 
>>> Subcommittee
>> on Commerce, Trade and Consumer Protection February 26, 2009
>>> The Subcommittee on Commerce, Trade, and Consumer Protection held a 
>>> hearing
>> titled, �Revisiting the Toxic Substances Control Act of 1976� at 10:00 a.m.
>> on Thursday, February 26, 2009, in 2123 Rayburn House Office Building. The
> hearing addressed critical gaps in the statute and explore how these gaps
> hinder effective chemical safety policy in the United States.
>>> The following witnesses were invited to testify:
>>>
>>>    * John Stephenson, Director, Natural Resources and the Environment,
>> Government Accountability Office
>>>    * J. Clarence Davies, Senior Fellow, Resources for the Future 
>>> (Former
>> EPA Assistant Administrator for Policy in the George H.W. Bush Administration)
>>>    * Maureen Swanson, Healthy Children Project Coordinator, Learning
>> Disabilities Association of America
>>>    * Cecil Corbin-Mark, Deputy Director/Director for Policy 
>>> Initiatives,
>> WE ACT For Environmental Justice (West Harlem Environmental Action)
>>>    * Michael Wright, Director of Health and Safety, United Steelworkers
>>>    * Richard Denison, Senior Scientist, Environmental Defense Fund
>>>    * Kathy Gerwig, Vice President, Workplace Safety and Environmental
>> Stewardship Officer, Kaiser Permanente
>>>    * Cal Dooley, President and CEO, American Chemistry Council
>>>    * V.M. DeLisi, President, Fanwood Chemical, Inc., Chairman,
>> International Affairs Committee, Synthetic Organic Chemical Manufacturers
> Association
>>>    * Charles T. Drevna, President, National Petrochemical & Refiners
>> Association 
>>> This explains why there is this new bill in Congress:  H.R. 2420 which
>> makes the use of lead in solder illegal except in very few specific areas.
>>> I got the text of the bill from this link
>> http://www.govtrack.us/congress/billtext.xpd?bill=h111-2420
>>> 111th CONGRESS
>>> 1st Session
>>> H. R. 2420
>>> To amend the Toxic Substances Control Act of 1976 to ensure a uniform
>> Federal scheme of regulation of restrictions in the use of certain
> substances in electrical products and equipment in interstate and foreign
> commerce, and for other purposes. 
>>> SEC. 4. UNIFORM FEDERAL SCHEME OF REGULATION.
>>>
>>> (a) Section 6 of the Toxic Substances Control Act of 1976 (15 U.S.C. 
>>> 2605)
>> is amended by adding at the end the following:
>>> �(f) Certain Applications-
>>>
>>> �(1) ELECTROINDUSTRY PRODUCTS- As used in subsection (e), the term
>> �electroindustry product� means any product or equipment that is directly
> used to facilitate the transmission, distribution, or control of
> electricity, or that uses electrical power for arc welding, lighting,
> signaling protection and communication, or medical imaging, or electrical
> motors and generators.
>>> �(2) NATIONAL STANDARDS- Except for those electroindustry products and
>> product categories set forth in paragraph (3), no electroindustry product
> shall be manufactured after July 1, 2010, that contains a concentration
> value greater than 0.1 percent by weight of lead, mercury, hexavalent
> chromium, polybrominated biphenyls (PBB), and polybrominated diphenyl ethers
>> (PBDE) as measured in any homogeneous material contained in the
> electroindustry product, or a concentration value greater than 0.01 percent
> of cadmium as measured in any homogeneous material contained in the
> electroindustry product. For purposes of this section, �homogeneous
> material� means a material of uniform composition throughout that cannot be
> mechanically disjointed into different materials.
>>> �(3) ELECTROINDUSTRY PRODUCTS AND PRODUCT CATEGORIES- The processing 
>>> and/or
>> use of the specified chemical substances in any of the following
> electroindustry products and equipment shall not be subject to any
> restriction or requirement that is designed to protect against a risk of
> injury to health or the environment, and shall in no manner be restricted,
> by the States or any political subdivision of a State in accordance with
> section 2617(c)(1)(B):
>>> �(A) Lead, mercury, cadmium, hexavalent chromium, polybrominated 
>>> biphenyls,
>> and polybrominated diphenyl ethers contained in--
>>> �(i) products or equipment designed for use with a voltage rating of 
>>> 300
>> volts or above;
>>> �(ii) products or equipment used in fixed installations; [Struck 
>>> out->][
>> For purposes of this subsection, �fixed installation� means a combination
> of equipment, systems, finished products and/or components, not including
> lighting equipment that encompasses lighting fixtures and lamps, assembled
> and/or erected by an assembler/installer at a given place to operate
> together in an expected environment to perform a specific task, but not
> intended to be placed in commerce as a single functional or commercial unit
> ][<-Struck out] ;
>>> �(iii) signaling protection and communication systems and products,
>> including healthcare communications and emergency call systems;
>>> �(iv) surface transportation information management and control 
>>> systems,
>> subsystems, equipment, components, and services, including equipment used
> to design, install, operate, and maintain such systems;
>>> �(v) medical diagnostic imaging and therapy equipment and devices,
>> communications and emergency call systems and products, modular walls,
> consoles, systems, products, panels, meters, and monitors used in healthcare
> facilities;
>>> �(vi) shunt capacitors and series capacitors;
>>>
>>> �(vii) electro-mechanical and solid-state equipment and systems for
>> measurement, display recording, processing, and telemetry for electricity
> metering and associated information;
>>> �(viii) distribution and power transformers and special purpose 
>>> transformers;
>>>
>>> �(ix) equipment used for mounting or testing watt-hour or demand meters
>> such as sockets, boxes, enclosures, test blocks, test tables, and test kits;
>>> �(x) high voltage fuses, high current connectors, power circuit 
>>> breakers,
>> switchgear assemblies, surge arrestors, and insulating equipment, products,
> and hardware;
>>> �(xi) steam turbine generators and units;
>>>
>>> �(xii) electrical wire and cable products and accessories, not 
>>> including
>> fixture wires, appliance wires, and flexible cords as so classified by the
> National Electrical Code, by Underwriters Laboratories, Inc., or by the
> Canadian Standards Association;
>>> �(xiii) electrical conduit;
>>>
>>> �(xiv) high intensity discharge lamps;
>>>
>>> �(xv) arc welding and plasma cutting equipment designed for industrial 
>>> or
>> professional use; or
>>> �(xvi) arc welding and cutting equipment driven by mechanical means, 
>>> e.g.,
>> a gasoline or diesel engine.
>>> �(B) Lead when used or contained in--
>>>
>>> �(i) steel alloys containing up to 0.35 percent lead by weight, 
>>> aluminum
>> alloys containing up to 0.4 percent lead by weight and copper alloys
> containing up to 4 percent lead by weight;
>>> �(ii) solders with high melting temperatures, including lead-based 
>>> alloys
>> containing 85 percent or more lead by weight, and solders for--
>>> �(I) die mounting in Light Emitting Diode applications;
>>>
>>> �(II) the electrical connection within integrated-circuit flip-chip 
>>> packages;
>>>
>>> �(III) machined through-hole discoidal and planar array ceramic 
>>> multilayer
>> capacitors; and
>>> �(IV) printed circuit board assemblies and point-to-point soldered
>> assemblies, up to 40 percent lead by weight, and when used in transmission,
> distribution, power supply, or control devices designed to be installed in
> electrical outlet boxes and/or switch boxes, in emergency lighting
> equipment, in trip units in circuit breakers, or in sensors used for
> lighting control;
>>> �(iii) glass used in plasma display panels or surface conduction 
>>> electron
>> emitter displays or for flat fluorescent lamps in liquid crystal displays,
> or in incandescent lamps;
>>> �(iv) finishes of fine-pitch components other than connectors with a 
>>> pitch
>> of 0.65 millimeters or less with nickel-iron lead frames or copper-lead frames;
>>> �(v) coatings not exceeding 0.5 percent by weight for tin babbitt alloy
>> coated sleeve bearings;
>>> �(vi) gateway hardware between lighting controls protocols and building
>> management protocols;
>>> �(vii) red ink used in exit signs not exceeding 0.005 milligrams per 
>>> lens;
>>>
>>> �(viii) fluorescent lamps;
>>>
>>> �(ix) electrical connector coatings; or
>>>
>>> �(x) lead-bronze bearing shells and bushes.
>>>
>>> �(C) Cadmium and its compounds when used or contained in--
>>>
>>> �(i) electrical contacts, cadmium plating and switch contacts, 
>>> including
>> those used in thermal protectors in lighting ballasts, and luminaires
> containing such ballasts; or
>>> �(ii) cadmium-copper alloys for wire conductors.
>>>
>>> �(D) Hexavalent chromium when used or contained in electrical 
>>> connectors,
>> corrosion-prevention coatings for fasteners and metals in emergency
> lighting equipment or electromagnetic interference shielding, and noncurrent
> carrying electrical devices.
>>> �(E) Mercury when used or contained in--
>>>
>>> �(i) straight fluorescent lamps for general purposes, but not exceeding 
>>> 10
>> milligrams in halophosphate lamps, 5 milligrams in triphosphate lamps with
> a normal lifetime, and 8 milligrams in triphosphate lamps with a long lifetime;
>>> �(ii) straight fluorescent lamps for special purposes;
>>>
>>> �(iii) compact fluorescent lamps equal to or greater than 9 inches;
>>>
>>> �(iv) compact fluorescent lamps less than 25 watts, not exceeding 5
>> milligrams per lamp;
>>> �(v) compact fluorescent lamps equal to or greater than 25 watts, not
>> exceeding 6 milligrams per lamp;
>>> �(vi) high output/very high output linear fluorescent lamps greater 
>>> than 32
>> millimeters in diameter;
>>> �(vii) preheat linear fluorescent lamps; or
>>>
>>> �(viii) luminaires when containing any mercury-added lamps identified 
>>> under
>> [Struck out->][ subsection (f)(3)(E)(i)-(vii) ][<-Struck out] .
>>> �(F) Any processing and/or use of a specified chemical substance in an
>> electroindustry product other than those identified in this subsection as
> the Administrator may establish by rule.�.
>>> (b) Section 18 of the Toxic Substances Control Act of 1976 (15 U.S.C. 
>>> 2617)
>> is amended by adding at the end the following:
>>> �(c) Preemption- (1) Notwithstanding any other provision of this 
>>> section,
>> no State or political subdivision of a State may, after the effective date
> of this Act, adopt or continue in effect any requirement that is designed to
> protect against a risk of injury to health or the environment--
>>> �(A) for any electroindustry product as defined in section 2605(f)(1) 
>>> that
>> is inconsistent with or more stringent than the national standards set
> forth in section 2605(f)(2); or
>>> �(B) that is applicable to the processing and/or use of the specified
>> chemical substances in any of the electroindustry products or
> electroindustry product categories set forth in section 2605(f)(3).
>>> �(2) Upon application of a State or political subdivision of a State, 
>>> the
>> Administrator may, by rule, exempt from section 2605(f)(3), under such
> conditions as may be prescribed in such rule, a requirement of such State or
> political subdivision designed to protect against an unreasonable risk of
> injury to health or the environment associated with any of the uses of any
> chemical substance, mixture, or article containing such chemical substance
> or mixture specified in section 2605(f)(3) if--
>>> �(A) compliance with the requirement would not cause the processing,
>> distribution in commerce, or use of the substance, mixture, or article to
> be in violation of the Act; and
>>> �(B) the State or political subdivision requirement does not, through
>> difficulties in manufacturing, marketing, distribution, or other factors,
> unduly burden interstate commerce, or does not lessen the reliability of an
> electrical grid or of any product or system which is the subject of any such
> requirement of a State or political subdivision of a State.
>>> �(3) Compliance with the national standards set forth in section 
>>> 2605(f)(2)
>> may be demonstrated based on any appropriate method for a particular
> electroindustry product, including without limitation, certifications of
> compliance by product manufacturers or testing performed in accordance with
> the guidelines promulgated by the Administrator under this subsection. The
> Administrator shall, within one year from the effective date of this Act,
> promulgate guidelines establishing test procedures for determining the
> concentration of lead, mercury, hexavalent chromium, cadmium, polybrominated
> biphenyls (PBB) and/or polybrominated diphenyl ethers (PBDE) contained in an
> electroindustry product.�.
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