Environmental

Recent Posts

EPA to Require TRI Reporting from Natural Gas Processing Facilities
Posted on 1 Dec 2015 by Steptoe & Johnson PLLC

EPA has announced that it will begin requiring natural gas processing facilities to file Toxic Release Inventory (TRI) reports, although the announcement did not include a timeline for doing so. The agency had been under pressure by environmental groups... Read More

California Court of Appeal upholds use of alternative listing methodologies for Prop. 65
Posted on 14 Jun 2011 by Thomas H. Clarke, Jr.

There are several methods by which a "chemical" (a term of art) can be listed under California's Proposition 65. See, for example, http://www.rmkb.com/index.cfm/publications/publication-details/?pkid=253 (pp. 3-5). In California Chamber... Read More

Regulation of Chemicals in Consumer Products on the Rise
Posted on 6 May 2015 by Foley & Lardner LLP

In recent years, manufacturers have seen a marked increase in state regulation of chemicals in consumer products. While the regulation of hazardous and toxic chemicals in consumer products is certainly not a new concept, particularly on the federal level... Read More

Lesson Learned from EPA Enforcement of EPCRA Form R Requirements
Posted on 3 Aug 2015 by Williams Mullen

By Ryan W. Trail EPCRA § 313 requires certain facilities manufacturing or “processing” more than 25,000 lbs. or otherwise using 10,000 lbs or more of a listed toxic chemical to file a Form R annually on or before July 1. In the... Read More

EPA Proposes New Nanoscale Chemical Reporting Rule
Posted on 30 Apr 2015 by E. Lynn Grayson

By E. Lynn Grayson EPA has proposed one-time reporting and record keeping requirements on nanoscale chemical substances in the marketplace. The proposed rule contains a 90-day public comment period. After the comment period, EPA will review and... Read More

California adds methyl isobutyl ketone, a widely used solvent, to the Prop. 65 list of chemicals
Posted on 10 Nov 2011 by Thomas H. Clarke, Jr.

Methyl isobutyl ketone (CAS No. 108-10-1) is a very widely used solvent. The Office of Health Hazard Assessment (known affectionately as OEHHA [o-we-hah]) published a notice Sept. 16, 2011, that it intended to list MIK pursuant to the "labor code... Read More

California’s Green Chemistry Initiative: “Work Plan” Basics and the 7 Product Categories – 3 Action Steps
Posted on 11 Nov 2014 by DLA Piper

By George Gigounas and Rachael E. Yourtz California is steadily implementing its landmark Green Chemistry Initiative, which increases regulation and oversight of consumer product chemical exposures in important ways. In a recently published Work... Read More

Summary of EPA's Proposed Rule for Nanoscale Substances
Posted on 21 May 2015 by Keller and Heckman LLP

EPA’s Proposed TSCA Rule for Information Collection on Chemical Substances When Manufactured or Processed at the Nanoscale Deadline for comment: July 6, 2015 Statutory authority: Section 8(a) of TSCA, 40 C.F.R. Part 704 Overview •... 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 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

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

International Chemicals Management Meeting
Posted on 23 Sep 2015 by Dianne Saxe

In 2002, at the World Summit on Sustainable Development , the international community adopted an ambitious target for world wide sound management of chemicals and hazardous wastes by 2020: that chemicals are used and produced in ways that lead to... Read More

US EPA Toxic Release Inventory 2015 Changes
Posted on 20 May 2015 by Steptoe & Johnson PLLC

There are a number of changes for the Toxic Release Inventory (TRI) report due on July 1, 2015 (RY 2014). New Chemical added to the list In the final rule published on November 7, 2013 (78 FR 66848), [ enhanced version available to lexis.com subscribers... Read More

California adds methyl isobutyl ketone, a widely used solvent, to the Prop. 65 list of chemicals
Posted on 10 Nov 2011 by Thomas H. Clarke, Jr.

Methyl isobutyl ketone (CAS No. 108-10-1) is a very widely used solvent. The Office of Health Hazard Assessment (known affectionately as OEHHA [o-we-hah]) published a notice Sept. 16, 2011, that it intended to list MIK pursuant to the "labor code... Read More

California Court of Appeal upholds use of alternative listing methodologies for Prop. 65
Posted on 14 Jun 2011 by Thomas H. Clarke, Jr.

There are several methods by which a "chemical" (a term of art) can be listed under California's Proposition 65. See, for example, http://www.rmkb.com/index.cfm/publications/publication-details/?pkid=253 (pp. 3-5). In California Chamber... Read More