LexisNexis® Legal Newsroom
California Court of Appeal upholds use of alternative listing methodologies for Prop. 65

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 of Commerce v. Brown , 2011 Cal. App. LEXIS 694...

California adds methyl isobutyl ketone, a widely used solvent, to the Prop. 65 list of chemicals

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 mechanism" (see http://www.rmkb.com/index.cfm...

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...

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...

EPA Proposes New Nanoscale Chemical Reporting Rule

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 consider those comments before issuing any final rule...

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...

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...

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...

International Chemicals Management Meeting

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 the minimization of significant adverse effects...

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...