Chemicals

News & Analysis as of

Chemical Safety Board investigator outlines discoveries from West Fertilizer, Charleston water incidents

A fertilizer plant surrounded by homes, schools, and a hospital. A chemical tank that was externally examined but not drained of liquid for a more thorough inspection. These were some of the factors that contributed to two...more

EPA Promulgates SNURs for Two CNT Substances

On July 8, 2014, the U.S. Environmental Protection Agency (EPA) promulgated significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 13 chemical substances that were the subject of premanufacture...more

OSPAR Commission's Harmonized Offshore Chemical Notification Format

The OSPAR Commission's (OSPAR) Harmonized Offshore Chemical Notification Format (HOCNF) is of paramount importance for a wide range of personnel, including chemical manufacturers and product manufacturers whose products are...more

Wrap-up of International Chemical Regulatory Developments – June 2014

NICNAS Will Hold Training And Outreach Sessions: The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) will be conducting stakeholder training and awareness sessions in major capital cities and...more

House Releases Discussion Draft of TSCA Reform Legislation

Reform of the Toxic Substances Control Act (TSCA) may be a little closer to reality since Rep. John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released on February 27,...more

EPA’s Enforcement Efforts Regarding FIFRA Supplemental Distribution and How to Avoid Noncompliance

Under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 3(e), a registrant may distribute or sell its registered product under another person's name and address instead of (or in addition to) its own without...more

The Complexity Associated with Setting Non-cancer Indoor Air Remediation Goals for Trichloroethylene Based on Short-term Exposure...

Over the last few years, there has been increasing consideration of vapor intrusion in groundwater investigations, groundwater remedy selection, periodic reviews of the continued safety of already implemented groundwater...more

Insurance Recovery Law - Jun 2014 #2

Nevada Supreme Court Holds That Absolute Pollution Exclusion Does Not Bar Coverage for Carbon Monoxide Poisoning Suit - Why it matters: In answering certified questions from the Ninth Circuit, Nevada joined...more

EU Environment Report

In this issue: *Chemicals: ..Commission amends Annex XVII to REACH Regulation as regards 1,4-dichlorobenzene ("DCB") in relation to air fresheners and deodorisers ..Commission adopts Delegated...more

NICEATM Seeks Alternative Methods for Acute Inhalation Toxicity

The National Toxicology Program (NTP) Interagency Center for the Evaluation of Alternative Toxicological Methods (NICEATM) published a Federal Register notice on June 19, 2014, requesting available data and information on...more

Next-Phase GHS 2015 Deadlines Loom: Time to Re-Author, Re-Label, and Refocus on Mixtures

Within the next 12-18 months, companies are facing multiple deadlines for various country adaptations of the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (UN GHS). These include...more

Wrap-up of Federal Chemical Regulatory Developments - June 2014

EPA Extols Pesticide Civil Penalty, But The Decision Could Be Problematic For Registrants And EPA: On June 6, 2014, the U.S. Environmental Protection Agency (EPA) announced that Liphatech, Inc. (Liphatech), a pesticide...more

EPA Announces Safer Alternatives for Toxic Flame Retardants

The U.S. Environmental Protection Agency (EPA) announced on June 12, 2014, safer alternatives to flame retardants currently used in consumer and commercial products, including building insulation and products with flexible...more

EPA Extols Pesticide Civil Penalty, but the Decision Could Be Problematic for Registrants and EPA

On June 6, 2014, the U.S. Environmental Protection Agency (EPA) announced that Liphatech, Inc. (Liphatech), a pesticide manufacturer based in Milwaukee, WI, paid a $738,000 civil penalty for Federal Insecticide, Fungicide,...more

Update: Vermont Legislature Passes Toxic Chemicals Bill

Last month, we wrote about the toxic chemicals legislation bouncing between the Vermont House and Senate. On May 9, 2014, the Vermont Legislature gave final approval to the bill, S.239, which gives the Vermont Department of...more

Chemical Facility Safety and Security Working Group Issues Report Summarizing Progress on Improving

In April 2013, an explosion destroyed a fertilizer plant in West, Texas, killing 15. In response to this and other recent catastrophic and fatal incidents at chemical facilities, President Obama on August 1, 2013, issued...more

TSCA Reform: Democratic Minority Circulates Redline of April 22, 2014, CICA Discussion Draft

The Democratic Minority has circulated a redline version of the April 22, 2014, discussion draft of the Chemicals in Commerce Act (CICA2). A copy of the redline version of CICA2 is available online. The redline version is an...more

Potential New Risk of High Duties on Chemicals and Gases Imported in High-Pressure Steel Cylinders Manufactured in China

Many companies that import chemicals or gases from China use high-pressure steel cylinders as containers for the imports of their chemical/gas contents. Up until now, many importers simply assumed that they did not need to...more

Use chemicals in your business? Read your insurance policy: You might not be covered.

A recent federal appeals court ruling underscores the need for businesses using potentially irritating chemicals to check their insurance policies for “absolute pollution exception” clauses. These increasingly common clauses...more

New OSHA Guide on Hazardous Chemicals for Small Businesses

The Occupational Safety and Health Administration (OSHA) recently released a guide to help small businesses develop an effective hazard communication program and comply with OSHA’s revised Hazard Communication Standard (HCS)....more

SB 786 - Energy Modernization Act / Fracking Clears Another Legislative Hurdle

Senate Bill 186 passed the House today 64 to 50 largely along party lines. Members debated 16 amendments. A key point of debate is that chemicals used in fracking are considered trade secrets and state officials privy to...more

Markush claims under Australian patent practice

Markush claims are a common form of claim in the field of chemistry. Markush claims essentially claim a core molecular structure and cover a wide range of substituent groups that can be substituted on to that molecular...more

EPA’s Next Generation Compliance Initiative – The Agency’s Latest Proposed Rule for Refineries Shows the Initiative in Action and...

The U.S. Environmental Protection Agency (EPA) recently released a proposed rule that illustrates several of the agency’s Next Generation Compliance ideas in action. The proposed rule concerns hazardous air pollutant (HAP)...more

Evaluating Environmental Risks in Real Estate Transactions

Evaluating environmental risks associated with real estate transactions is a standard, and often standardized, practice for sophisticated real estate practitioners. However, in light of several recent developments - the...more

EU publishes TTIP negotiating positions for five key sectors to increase transparency

On 14 May 2014, in the run-up to the fifth negotiating round taking place 19-23 May 2014 in the US, the European Commission has published its negotiating position in the ongoing Transatlantic Trade and Investment Partnership...more

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