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June 2009

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Subject:
From:
Michael Kirschner <[log in to unmask]>
Reply To:
(Leadfree Electronics Assembly Forum)
Date:
Wed, 3 Jun 2009 11:40:50 -0500
Content-Type:
text/plain
Parts/Attachments:
text/plain (434 lines)
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commitment reflects standards originally enacted in European markets under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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