Chemicals

News & Analysis as of

Wrap-Up of Federal and State Chemical Regulatory Developments 12/14

EPA Schedules Public Teleconference Of Science Advisory Board Chemical Assessment Advisory Committee For Review Of Draft Ammonia Assessment: On November 17, 2014, the U.S. Environmental Protection Agency (EPA) Science...more

US EPA Appears to Put TSCA Fracking Rule On Ice

A November 2014 report on anticipated regulatory actions by the US Environmental Protection Agency (“EPA”) indicates that development of a potential rule requiring manufacturers and processors of fracking chemicals to report...more

California Proposition 65 Warning Requirements for DINP Effective December 20, 2014

On December 20, 2014, California’s Proposition 65 warning requirements for consumer, occupational, and environmental exposures to diisononyl phthalate (“DINP”) will take effect. ...more

PSC to Discuss Draft Phthalates Rule at December 5th Meeting

On December 5, 2014 the U.S. Consumer Product Safety Commission (CPSC) will be briefed by staff on a recommendation to issue a proposed rule to permanently prohibit five phthalates – DINP, DIBP, DPENP, DHEXP, DCHP – from...more

TSCA Reform a Viable Contender For Serious Legislative Attention Next Year

I have been asked to say a few words about 2015 legislative expectations regarding environmental laws, particularly and most likely with respect to reform of the Toxic Substances Control Act (TSCA). In my view, TSCA reform is...more

Court Confirms Award Over Arguments Of “Manifest Disregard,” “Evident Partiality,” And “Corruption”

A transported liquid chemical had been found degraded after shipping from Texas to South Korea. The chemical company contended that the shipper was responsible for the losses as samples taken from the chemical prior to its...more

New Federal Chemical-Disclosure Regulations? Public-Comment Period Has Ended

In our July/August newsletter, we wrote that in May 2014, the Obama administration began to accept comments regarding potential federal hydraulic-fracturing regulations. The EPA, through an advance notice of proposed...more

OSHA Strengthens Local Emphasis on Hazardous Chemical Compliance

Omaha Area Director of the Occupational Safety and Health Administration (OSHA) recently announced a brand-new local emphasis program that will introduce regular health inspections at funeral homes, product and chemical...more

Wrap-Up of Federal and State Chemical Regulatory Developments, 11/14

EPA Proposes To Remove 72 Chemicals From Approved Pesticide Inert Ingredients List: On October 22, 2014, the U.S. Environmental Protection Agency (EPA) requested public comment on a proposal to remove 72 chemicals from its...more

FDA's Final Guidance on Determination of Five-Year NCE Exclusivity for Certain Fixed-Combination Drug Products Under Federal FDCA

The U.S. Food and Drug Administration (FDA) recently published its final Guidance for Industry detailing circumstances under which a fixed-combination drug product (FCD) may be entitled to five-year new chemical entity (NCE)...more

Agencies Request Public Comment On Collection Of Biobased Procurement Product Types And Value Data

In the October 30, 2014, Federal Register, the U.S. Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a notice of request for public...more

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

Maryland Proposes Hazardous Substance Reporting Rule

The Maryland Department of the Environment (MDE) proposed hazardous substance reporting obligations on Friday, October 31, 2014. These regulations would implement Environment Article §7-222(d), amended in 2008, requiring...more

Summary of IARC Working Group Meeting on Some Nanomaterials and Some Fibers Published

The International Agency for Research on Cancer (IARC) Working Group met on September 30-October 7, 2014, to review the carcinogenicity of fluoro-edenite, silicon carbide (SiC) fibers and whiskers, and carbon nanotubes (CNT)....more

Stop and Smell the Trade Secrets, Part II: Two Major Companies Voluntarily Disclose Fragrance Ingredient Information

Do you know which chemical ingredients create that complex smell in your favorite deodorant, cologne, or perfume? For years, the answer has been a resounding no. Historically, the consumer products industry has relied on...more

Board Denies IPR Challenge Based on Insufficient Chemical Range Overlap

Despite a long history of precedence, chemical “range” cases still generate contested issues and inter partes review proceedings are no different. The Board considered an issue relative to an overlap of ranges in E Ink...more

Center for Research on Ingredient Safety Will Hold First Open House in November

The Center for Research on Ingredient Safety (CRIS), which was established at Michigan State University (MSU) in partnership with the Grocery Manufacturers Association in April 2014, will hold its first open house on November...more

EPA Promulgates SNUR for Functionalized Carbon Nanotubes (Generic)

On October 27, 2014, the U.S. Environmental Protection Agency (EPA) promulgated significant new use rules (SNUR) for 52 chemical substances, including “functionalized carbon nanotubes (generic).” According to the Federal...more

For better or worse: OEHHA solicits input on Proposition 65 revisions

Introduction - Earlier in 2014 California's Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the state's controversial Proposition 65 law, released a pre-regulatory...more

BRAG Petitions EPA for Biodiesel Products Exemptions Already Granted to Petroleum Products

On October 21, 2014, the Biobased and Renewable Products Advocacy Group (BRAG®) submitted two petitions to the U.S. Environmental Protection Agency (EPA) requesting that biodiesel fuel manufacturers be granted the same...more

Iowa Economic Development Agency To Push For Incentives For Renewable Chemicals And Products

During the next state legislative session, which begins in January, Iowa's Economic Development Agency will reportedly seek approximately $20 million in new incentives for companies that use chemicals derived from ethanol...more

TSCA Work Plan for Chemical Assessments: EPA Adds and Removes Chemicals Based on New Data

The U.S. Environmental Protection Agency (EPA) announced on October 23, 2014, that it has updated its Toxic Substances Control Act (TSCA) Work Plan for Chemical Assessments. According to EPA, the updated TSCA Work Plan...more

Work Plan Signals Expanded Calif. Green Chemistry Program

As part of its Safer Consumer Products Regulation (SCPR) under California’s Green Chemistry Initiative, the Department of Toxic Substances Control (DTSC) on September 13, 2014 issued its Draft Priority Product Three-Year Work...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Army Corps Drops Regional Permit - The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states. The proposal would have replaced the individual...more

Wrap-Up of Federal and State Chemical Regulatory Developments, 10/14

EPA Schedules SAP Meeting On Endocrine Activity: On September 16, 2014, the U.S. Environmental Protection Agency (EPA) announced that it has scheduled a four-day meeting of the Federal Insecticide, Fungicide, and Rodenticide...more

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