LexisNexis® Legal Newsroom
Another estrogenic substance is identified (BPS, which is related to BPA), and the vector exposes nearly everyone

Prior posts have noted that BPA (an estrongen mimic) is found not only in certain plastics (about which there is much nashing of teeth), but the main vector may very well be thermal cash register receipts. Well, get ready for its cousin, BPS, and the newest vector, paper money. Holy greenbacks, Batman...

Lake Erie contains substantial quantities of tiny pieces of potentially toxic plastic

Prior posts have noted the great Atlantic and Pacific garbage patches. [See, for example, http://en.wikipedia.org/wiki/Great_Pacific_garbage_patch ; http://www.mnn.com/earth-matters/translating-uncle-sam/stories/what-is-the-great-pacific-ocean-garbage-patch ; &, http://news.discovery.com/earth/oceans...

U.S. EPA 2013 TRI Preliminary Dataset Now Available

EPA has released the 2013 Toxic Release Inventory (TRI) preliminary dataset, which contains toxic chemical release and pollution prevention data reported by facilities for the 2013 calendar year. The currently available dataset includes reporting forms processed as of July 9, 2014 (the annual reporting...

Denmark Nano Product Register Reporting Requirement

The Danish Order on a register of mixtures and articles that contain nanomaterials as well as the requirement for producers and importers to report to the register entered into force on June 18, 2014. It establishes a Nano Product Register of mixtures and articles, which contain nanomaterials, and are...

TSCA Reform Dead for 2014?

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 on by a bi-partisan committee within the Senate...

US EPA Urban Air Toxics Report to Congress

By Joyce A. Gentry The US EPA has released the Second Integrated Urban Air Toxics Report to Congress. This is the final of two reports required by the 1990 Clean Air Act (CAA) to inform Congress on the process in reducing public health risks from urban air toxics. A copy of the complete report...

California’s Green Chemistry Initiative: “Work Plan” Basics and the 7 Product Categories – 3 Action Steps

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 Plan on the statute, California’s Department...

DOD Finalizes Amendments to DFARS Regarding the Storage, Treatment, and Disposal of Non-DOD Toxic and Hazardous Materials on DOD Sites

The Department of Defense (DOD) has published a final rule that amends Defense Federal Acquisition Regulation Supplement (DFARS) subpart 223.71 to better align the DFARS with the current provisions set forth in 10 U.S.C. 2692, [ enhanced version available to lexis.com subscribers ], concerning storage...

What Happens Next to Earthjustice's Demand for CBI Reassertion and Resubstantiation?

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 should be required to reassert or resubstantiate...

EPA Eliminates Article Exemption for Benzidine-Based Chemical Substances in Significant New Use Rule

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 to manufacture, import, or process any chemical...

Environmental Groups Sue Over Applicability of TRI Data

By E. Lynn Grayson A recent lawsuit filed by 10 environmental groups against EPA alleges that EPCRA Section 313 Toxic Release Inventory (TRI) reporting should apply to oil and gas extraction companies. The environmental groups want TRI data regulatory requirements about releases to the environment...

EPA TSCA Penalty Struck Down

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 ("TSCA") reporting obligations under...

Regulation of Chemicals in Consumer Products on the Rise

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, the proliferation of state regulation creates...

DEHP and its Endocrine Effects on the Environment

The Legal Implications of the Phthalate’s Recently Amended Candidate List Entry By Herb Estreicher, Partner, Keller and Heckman LLP On 17 December 2014, Echa amended the entry for Bis (2-ethylhexyl)phthalate (DEHP) on the candidate list of substances of very high concern (SVHCs) to indicate...

Green Chemistry – The State of the States

By Sheila A. Millar and Nathan A. Cardon From one corner of the country to the other – literally, from California to Maine – industry is facing a growing number of green chemistry initiatives, each giving states varying degrees of authority to regulate “chemicals of concern”...

Safer Chemicals: Protecting Employees and the Earth at the Same Time

By Andi S. Kenney Chemicals, natural and synthetic, are all around us. We can’t live life without them--and we wouldn’t want to. But some chemicals are toxic to humans and the flora and fauna with which we share the earth. Replacing toxic substances found in the workplace, distributed...

TSCA Reform 2015: A Tale of Two Bills

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 available to lexis.com subscribers ], a bipartisan...

US EPA Toxic Release Inventory 2015 Changes

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 ], o-nitrotoluene was added to the list of...

Summary of EPA's Proposed Rule for Nanoscale Substances

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 • EPA is proposing to collect information from companies...

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"

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 (EPA) a study on occupational exposure involving...

Lesson Learned from EPA Enforcement of EPCRA Form R Requirements

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 last two issues of this newsletter, we discussed frequently...

Canada Takes Action to Ban Microbeads

The Canadian government recently took action to ban microbeads, very small particles found in a variety of consumer and personal care products that may pose adverse environmental impacts in rivers, lakes, and oceans after they are washed down the drain. Specifically, the Canadian government proposes...

Continuing Efforts to Ban Microbeads

The District of Columbia (D.C.) is the latest to propose a ban on microbeads starting January 1, 2018. The proposed ban, part of D.C.’s omnibus fisheries and wildlife bill aimed at ensuring marine areas and waterways remain pollutant-free, is one of the more aggressive approaches prohibiting the...

EPA Floats Proposed New Enforcement Initiatives for 2017 – 2019

The US EPA has proposed its National Enforcement Initiatives (“NEI”) for calendar years 2017 through 2019. US EPA develops a set of NEI every three years, focusing federal resources on industries with noncompliance issues on a regional or national scale, where federal attention can make a...

EPA to Require TRI Reporting from Natural Gas Processing Facilities

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 to add the entire Oil and Gas Extraction Section...