Chemicals

News & Analysis as of

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

“We Need to Talk” – OSHA is Looking to Start a Dialogue on Chemical Management and Permissible Exposure Limits

Everyone knows that the permissible exposure limits or PELs set forth in various OSHA standards are pretty old (most have not been updated since 1971), and that we’ve learned a lot about chemical exposure and human health in...more

Illinois Courts Consistently Enforce Manufacturing Exemption Despite Department of Revenue Opposition

Illinois courts have issued three taxpayer-friendly manufacturing rulings in 2013 and 2014, underscoring the breadth of the exemption from use tax afforded to equipment and chemicals used in the process of manufacturing....more

Get Ready Now for the Upcoming Proposition 65 Warning Requirements for DINP and Other Chemicals

With the 2014 holiday season fast approaching, businesses should not lose sight of what the Proposition 65 “bounty hunter” plaintiffs’ lawyers are eagerly awaiting. And that’s the opportunity to send out 60-Day Notice letters...more

California’s Green Chemistry Initiative: “Work Plan” basics and the 7 product categories – 3 action steps

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...more

EPA Proposes SNUR for Nonylphenols and Nonylphenol Ethoxylates

On October 1, 2014, the U.S. Environmental Protection Agency (EPA) proposed a Significant New Use Rule (SNUR) for 15 related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE). For 13...more

TSCA Reform: Udall-Vitter Discussion Draft Full Text Now Available

Following the release last week of our Firm Clients and Friends Memorandum "Summary of Changes in the Chemical Safety Improvement Act (CSIA, S. 1009) and the Boxer TSCA Version Released September 18, 2014," Bergeson &...more

California Court Finds Lack of Antitrust Standing for Price-Fixed Component Parts

On Sept. 22, 2014, the U.S. District Court for the Northern District of California issued an important opinion regarding antitrust standing in Los Gatos Mercantile, Inc. v. E.I. DuPont de Nemours & Co. (DuPont), No....more

Summary of Changes in the Chemical Safety Improvement Act (CSIA, S. 1009) and the Boxer TSCA Version Released September 2014

This analysis reviews the changes made to the original version of the Chemical Safety Improvement Act (CSIA) (identified as CSIA1 in this memorandum) based on Senator Barbara Boxer's (D-CA) version of the Toxic Substances...more

EPA's Revised Work Plan List And New Developments In TSCA Reform Discussed At Green Chemistry Clearinghouse Annual Conference

The Green Chemistry Clearinghouse Conference held on September 16, 2014, in San Francisco included several interesting panels discussing topics including California Safer Consumer Products Regulations' (SCPR) recently...more

California's Release Of Draft Initial Priority Product Work Plan Drives Agenda Of 5th Safer Consumer Products Summit, October...

With the draft initial Priority Product Work Plan now released, it is important for manufacturers, importers, and retailers of consumer products in the categories listed by DTSC in the Work Plan to understand and address any...more

California DTSC Releases Draft Initial Priority Product Work Plan

On September 12, 2014, the California Department of Toxic Substances Control (DTSC) released its much anticipated draft Initial Priority Product Work Plan under SCPR. The Regulations require that DTSC, by October 2014,...more

BRAG® Members Announce New Milestones In Biobased Product

Biobased and Renewable Products Advocacy Group (BRAG®) members BASF Corporation (BASF) and Nozoymes announced another milestone in their development of acrylic acid production from renewable raw materials....more

‘Chemical (Over)reaction’?: States Push for Tighter Regulation of Consumer Products

The chemical wars are in full swing. And for consumer products and chemicals manufacturers, victory on the regulatory front is by no means a foregone conclusion. Progressive legislators in states such as California,...more

Update on Mayo Myriad Patent Eligibility From USPTO BCP Partnership Meeting

On September 17, 2015, the USPTO held the first “bicoastal” Biotechnology/Chemical/Pharmaceutical Customer Partnership meeting, with live participation from the USPTO’s main campus in Alexandria, VA and from San Jose...more

For Better or Worse: California Solicits Input on Further Revisions to Its Proposition 65 Regulations

Earlier this year, 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” proposal to revise...more

Environmental and Energy: NYSDEC Proposes Revisions to Petroleum Bulk Storage, Used Oil and Chemical Bulk Storage Regulations...

The New York State Department of Environmental Conservation (DEC) recently announced the availability of draft revisions to the Petroleum Bulk Storage (PBS), Chemical Bulk Storage (CBS), and Used Oil regulations for public...more

Spray Drift and Volatilization: Issues to Navigate Carefully as EPA Develops Registration Review Decisions

Spray drift and volatilization issues increasingly are significant issues in pesticide product risk assessments. Earlier this year, the U.S. Environmental Protection Agency (EPA) issued drafts of key guidance documents, which...more

Seller Beware: California Announces Draft Plan for New Consumer Product Categories Under Its Green Chemistry Initiative

California’s toxics agency, the Department of Toxic Substances Control (DTSC), has released a draft three-year work plan identifying seven consumer product categories that may be the focus of the state’s Green Chemistry...more

Recently Listed Chemicals Under Proposition 65

The following chemicals have recently been listed by the agency that oversees the enforcement of Proposition 65: the Office of Environmental Health Hazard Assessment (OEHHA). ...more

60-Day Notices for Phthalate DINP Can Begin on December 12, 2014

As previously reported, Diisononyl phthalate (DINP) was added to the Proposition 65 list on December 12, 2013. This means under the Proposition 65 regulations that plaintiffs can begin serving companies with Proposition 65...more

Drug-Device Apple Cart Upset Again

On September 9, 2014, in Prevor v. Food and Drug Administration, the D.C. District Court held against FDA's interpretation of the definition of a medical device included in the Federal Food, Drug and Cosmetic Act (the act)....more

California Issues Draft Three-Year Green Chemistry Priority Product Work Plan

On September 12, 2014, the California Department of Toxic Substances Control (DTSC) issued a draft Priority Product Work Plan (Work Plan) pursuant to the California Safer Consumer Product (SCP) regulations. The Work Plan...more

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