News & Analysis as of

Chemicals Final Rules

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part IX: Hazard Communication

This is the ninth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

Venable LLP

Food and Color Additives - Is the Patchwork Here?

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State legislatures are actively pursuing bans on food and color additives.  California’s landmark Food Safety Act (Act), effective January 2027, bans the manufacture and sale of products containing brominated vegetable oil...more

Williams Mullen

Communication is Key: OSHA’s Amended Hazard Communication Standard

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OSHA is amending its Hazard Communication Standard (HCS) regulations which require chemical manufacturers and importers to classify the hazards of chemicals they produce or import and to provide their employees information...more

Moore & Van Allen PLLC

Implications of PFAS CERCLA liability for the commercial real estate industry

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What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and...more

Seyfarth Shaw LLP

OSHA Final Rule to Revise Chemical Labelling and Safety Data Sheets

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Seyfarth Synopsis: The Occupational Safety and Health Administration’s (“OSHA”) Hazard Communications (“HazCom”) Standard was the most frequently cited general industry standard in the past fiscal year. OSHA recently...more

Bergeson & Campbell, P.C.

EPA Amends Procedural Framework Rule for Conducting TSCA Risk Evaluations

The U.S. Environmental Protection Agency (EPA) released a final rule on April 23, 2024, that amends the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). According to the...more

Bergeson & Campbell, P.C.

House Subcommittee Holds Hearing on EPA’s RMP Rule

The House Energy and Commerce Subcommittee on the Environment, Manufacturing, and Critical Materials held a hearing on May 7, 2024, on “EPA’s RMP Rule: Failures to Protect the American People and American Manufacturing.” The...more

Vinson & Elkins LLP

EPA Finalizes Revisions to Risk Management Program (RMP) Regulations, with Special Focus on Petroleum and Chemical Manufacturers

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The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on...more

Latham & Watkins LLP

EPA Finalizes Rule Requiring Ethylene Oxide (EtO) and Chloroprene Emissions Cuts at Chemical Plants

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The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction. On April 9, 2024, the US...more

Bergeson & Campbell, P.C.

EPA Releases Final TSCA Fees Rule

On February 8, 2024, the Environmental Protection Agency (EPA) announced its final amendments to the 2018 final rule that established fees for the administration of the Toxic Substances Control Act (TSCA). The final rule...more

Saul Ewing LLP

All Appropriate Inquiry Rule Amendment - ASTM Standard to Use

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On December 15, 2022, the United States Environmental Protection Agency (USEPA) published the final amendment to the All Appropriate Inquiry Rule (40 CFR Part 312) (AAI Rule) that establishes the environmental due diligence...more

Lippes Mathias LLP

EPA Ushers in New ASTM Phase I ESA Standards

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On March 14, 2022, the U.S. Environmental Protection Agency issued a direct final rule approving the American Society for Testing and Materials (ASTM) International Standard E1527-21 for Phase I environmental site assessments...more

Bergeson & Campbell, P.C.

EPA Issues in Final Certain Pesticide Product Performance Data Requirements to Improve Clarity and Reduce Burden for Registrants

On April 15, 2022, the U.S. Environmental Protection Agency (EPA) announced final product performance data requirements for products claiming efficacy against certain pests. 87 Fed. Reg. 22464. This action officially...more

Beveridge & Diamond PC

EPA Proposes to Extend Key PIP (3:1) Rule Compliance Deadline to October 31, 2024

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October 26, 2021 Update: Following up on the short-term extension that it issued in September, EPA has issued a notice of proposed rulemaking that will further extend the compliance deadline for the processing and...more

BCLP

New Toxic Chemical Regulations: Is Your Supply Chain Impacted?

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There are new chemical regulations on the block, and your company’s supply chain might be implicated. These rules prohibit both the manufacturing of certain bioaccumulating chemicals as well as the distribution of products...more

Harris Beach PLLC

Fifth Circuit Rejects and Remands Phthalate Limit Rule in Children’s Products Back to CPSC

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The Consumer Product Safety Commission (the “CPSC”) is tasked with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of types of consumer products. Like most federal...more

(ACOEL) | American College of Environmental...

Data To The People!

In the twilight of the Trump Administration, the Environmental Protection Agency issued an internal procedural rule entitled “Strengthening Transparency in Pivotal Science Underlying Significant Regulatory Actions and...more

Williams Mullen

EPA Says No Risk from CERCLA Financial Assurance Exemptions for Three Named Industries

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EPA has promulgated a final rule declining to impose final assurance requirements on the electric power, petroleum and coal manufacturing, and chemical manufacturing industries to clean up spills of hazardous substances. ...more

Bergeson & Campbell, P.C.

EPA Issues Final SNUR for LCPFAC and Perfluoroalkyl Sulfonate Chemical Substances

On July 27, 2020, the U.S. Environmental Protection Agency (EPA) promulgated a final significant use rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate chemical substances. 85 Fed....more

Perkins Coie

EPA Publishes Finalized PFAS Significant New Use Rule

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The U.S. Environmental Protection Agency on June 22, 2020, released the prepublication version of final regulations establishing “significant new use rules” for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical...more

Holland & Hart LLP

Update on PFAS Developments and Enforcement

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In recent months, EPA has taken significant regulatory steps to address per- and polyfluoroalkyl substances (PFAS), a large group of so-called "forever chemicals" used in consumer products and industrial processes that are...more

Williams Mullen

EPA Restricts Manufacture and Use of Methylene Chloride for Consumer Paint and Coating Removal

Williams Mullen on

EPA recently published a final rule restricting the manufacture, processing, and import of methylene chloride in the United States for consumer paint and coating removal. The rulemaking is a result of risk assessments...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Dicamba Regulations: The Arkansas Framework for Dicamba Use and Restrictions Takes Shape

February and March were busy months for the Arkansas Agriculture Department’s Arkansas State Plant Board (“ASPB”). On February 20, 2019, the State Plant Board voted to approve regulatory changes for in-crop, over-the-top...more

Jackson Walker

New CFIUS Rules Apply to All Transactions Closing After November 10, 2018

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Clients selling assets or interests to a foreign buyer and foreign buyers of U.S. assets or U.S. entities may feel the impact of new mandatory Committee on Foreign Investment in the United States (CFIUS) disclosures or notice...more

Bergeson & Campbell, P.C.

EPA Issues TSCA User Fees Final Rule

On September 27, 2018, the U.S. Environmental Protection Agency (EPA) announced the user fees final rule for the administration of the Toxic Substances Control Act (TSCA), the fourth and remaining framework rule to be issued...more

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