Environmental

Recent Posts

Improper PCB Disposal Leads To $13.75M Fine
Posted on 11 Jun 2014 by Steven M. Siros

By Steven M. Siros . In what constitutes the largest penalty for violations of the Toxic Substances Control Act ("TSCA") at a single site, a titanium product manufacturer agreed to pay $13.75 million to settle the Government's claims... Read More

EPA Eliminates Article Exemption for Benzidine-Based Chemical Substances in Significant New Use Rule
Posted on 5 Mar 2015 by Keller and Heckman LLP

Under section 5(a)(1)(B) of the Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq .), [ enhanced version available to lexis.com subscribers ], the U.S. Environmental Protection Agency (EPA) has the authority to require any person who intends... Read More

TSCA Reform Dead for 2014?
Posted on 14 Oct 2014 by Steven M. Siros

By Steven M. Siros Recent actions by Senator Barbara Boxer may have sounded the death knell for TSCA reform in 2014. On September 18, 2014, Senator Boxer unveiled what she characterized as revisions to a TSCA reform bill that had been being worked... Read More

TSCA Reform 2015: A Tale of Two Bills
Posted on 12 May 2015 by Keller and Heckman LLP

On March 10, 2015, Senators Tom Udall (D-NM), David Vitter (R-LA), and a coalition of 15 additional Democratic and Republican Senators, introduced the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), [ enhanced version... Read More

Keller and Heckman LLP: Upcoming Deadline for TSCA Polymer Exemption Notification
Posted on 18 Jan 2013 by Keller and Heckman LLP

January 31 is an important upcoming deadline for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) "polymer exemption." [1] The one-time notification to the U.S. Environmental Protection Agency (EPA... Read More

House TSCA Modernization Act Gains Unanimous Bipartisan Support in Subcommittee, But More Work to be Done
Posted on 27 Jul 2015 by Keller and Heckman LLP

On May 14, 2015, the House of Representatives Environment and the Economy Subcommittee unanimously reported its TSCA Modernization Act legislative proposal. The draft is a result of bipartisan efforts led by the Subcommittee Chairman, John Shimkus (R... Read More

EPA TSCA Penalty Struck Down
Posted on 28 Apr 2015 by Steven M. Siros

By Steven M. Siros On March 13, 2015, the Environmental Appeals Board ("EAB") struck down a landmark $2,751,800 penalty that had been imposed on Elementis Chromium for its alleged failure to comply with the Toxic Substances Control Act's... Read More

Keller and Heckman LLP: Bipartisan Meetings on The Safe Chemicals Act of 2011
Posted on 3 Jul 2011 by Keller and Heckman LLP

A series of stakeholder meetings on Toxic Substance Control Act (TSCA) (15 U.S.C. § 2601 et seq. ) "reform" began in the Senate on June 21, 2011. Billed as bipartisan stakeholder talks, these meetings may bring us closer to a viable TSCA... Read More

House Passes TSCA Modernization Act, What's Next
Posted on 28 Jul 2015 by Keller and Heckman LLP

The House of Representatives passed the TSCA Modernization Act (H.R. 2576), [subscribers can access an enhanced version of this bill: lexis.com | Lexis Advance ], by an overwhelming majority of 398-1, on June 23, 2015. The alternative Senate bill, the... Read More

Year End Nanotechnology Developments
Posted on 19 Jan 2012 by Pepper Hamilton Sustainability Counsel

By William J. Walsh, Of Counsel, Pepper Hamilton LLP The Environmental Protection Agency's Inspector General (IG) issued a report, EPA Needs to Manage Nanomaterial Risks More Effectively , December 29, 2011 critiquing EPA's regulation of nanomaterials... Read More

What Happens Next to Earthjustice's Demand for CBI Reassertion and Resubstantiation?
Posted on 29 Dec 2014 by Keller and Heckman LLP

The designation and treatment of Confidential Business Information (“CBI”) is frequently at the center of the Toxic Substances Control Act (“TSCA”) reform debate. One issue receiving increased attention is whether chemical companies... Read More

EPA Evaluates Fracking Chemicals
Posted on 23 Jul 2014 by Jenner & Block Corporate Environmental Lawyer

The EPA recently initiated a process that may result in the first federal regulation of chemicals used in fracking, a drilling technique that has significantly enhanced energy production and development in the United States. In a response to a citizen... Read More

Upcoming Deadline for TSCA "Polymer Exemption" Notification
Posted on 28 Jan 2014 by Keller and Heckman LLP

An important deadline is approaching for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) "polymer exemption".[1] The one-time notification to the U.S. Environmental Protection Agency (EPA) that identifies... Read More

Environmental Appeals Board Decision in the Elementis Case: What It Means For The "Continuing Violation" Doctrine Under The Statute of Limitations For TSCA Section 8(e) and EPA's Guidance Definition For "Corroborative Information"
Posted on 22 Jul 2015 by Keller and Heckman LLP

On March 13, 2015, the Environmental Appeals Board (EAB) overturned a controversial decision issued by an Administrative Law Judge (ALJ) in 2013. The ALJ held that Elementis Chromium (Elementis) failed to report to the U.S. Environmental Protecting Agency... Read More

EPA lacks authority to regulate nanomaterials, states EPA IG, even if regulations are soon issued under FIFRA and TSCA
Posted on 5 Feb 2012 by Thomas H. Clarke, Jr.

Prior posts have noted the wide use of nanomaterials in consumer goods, and the threat to human health that particles of such size may pose. An example of the risk posed by nanomaterials is sunscreen. Dermal penetration of some nanomaterials into the... Read More