Chemicals Manufacturers

News & Analysis as of

Ninth Circuit Interprets CAFA Exception Narrowly, Facilitating Removal in Environmental Tort Cases

Creating a Circuit split, the Ninth Circuit held that a tort case against a Washington corporation did not fall under the so-called “local event” exception to the Class Action Fairness Act (“CAFA”) and, therefore, had been...more

EPA Issues Direct Final Rule To Mandate Updated Electronic Reporting

The July 20, 2015, Federal Register includes a notice for direct final action to amend the electronic reporting regulations for Section 5 under the Toxic Substances Control Act (TSCA). The U.S. Environmental Protection Agency...more

OSHA Announces Directive on HazCom

The Occupational Safety and Health Administration (OSHA) released its much-anticipated directive to the agency’s compliance safety and health officers on its revised Hazard Communication (HazCom) standard yesterday. In 2012,...more

TSCA Reform: House Passes TSCA Modernization Act: Senate to Consider TSCA Soon

On June 23, 2015, the House passed the TSCA Modernization Act of 2015 (H.R. 2576) by a vote of 398-1. The House Committee on Energy and Commerce issued a press release on June 22, 2015, noting that the bill "would bring...more

Lesson Learned from EPA Enforcement of EPCRA Form R Requirements

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...more

California Superior Court Denies PANNA Petition for Writ of Mandate

On June 16, 2015, the California Superior Court for the County of Almeda denied the petition of the Pesticide Action Network North America, et al. (PANNA) for a writ of mandate to direct the California Department of Pesticide...more

New SDS Disclosures Require Changes to Overall Hazard Communication Policy

On June 1, new OSHA rules took effect for all employers, changing requirements for chemical manufacturers and importers who prepare and distribute Safety Data Sheets (SDS). Under these rules, the SDS (previously called...more

EPA Promulgates SNUR for Graphene Nanoplatelets

On June 5, 2015, the U.S. Environmental Protection Agency (EPA) promulgated through a direct final rule significant new use rules (SNUR) for 22 chemical substances that were the subject of premanufacture notices (PMN),...more

Protecting Your Chemical Trade Secrets vs. OSHA Compliance: What You Must Disclose and What You Can Keep Confidential

Scenario: You are a chemical manufacturer and have created a chemical formulation that you intend to keep secret, to keep others from copying your product. The new formulation is hazardous and therefore must be handled with...more

HCS: OSHA Publishes Interim Enforcement Guidance for the Hazard Communication Standard

On May 29, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Interim Enforcement Guidance for Hazard Communication 2012 (HCS 2012) June 1, 2015 Effective Date" (Interim...more

Cosmetic Safety Legislation Introduced, Again

In what is the latest in a line of Congressional proposals to beef up the federal government’s authority to regulate cosmetics, Senator Dianne Feinstein (D-CA), has proposed a bill aimed at dramatically increasing Food and...more

FREQUENT QUESTIONS: Form R Part II

As the July 1 deadline for filing the Form R for your facility approaches, these additional Frequent Questions may assist your preparation. Question: For purposes of Section 313 reporting, is ammonium nitrate in a...more

EPA Direct Final Rule Includes SNURs for Several Biobased Chemicals

On May 8, 2015, the U.S. Environmental Protection Agency (EPA) promulgated through a direct final rule significant new use rules (SNUR) for 25 chemical substances that were the subject of premanufacture notices (PMN). ...more

Green Chemistry Products Show Upward Trajectories and Continued Market Growth

The American Sustainable Business Council (ASBC) and the Green Chemistry & Commerce Council (GC3) recently released a report that evaluates the potential business and economic value of “safer chemistry.” ...more

Industrialization Of Biology Report Released By The National Academies

On March 13, 2015, the National Academies issued Industrialization Of Biology: A Roadmap To Accelerate The Advanced Manufacturing Of Chemicals, a 143-page report prepared in response to a request from the U.S. Department of...more

A Clean Slate? California Bill Is Latest Attempt to Legislate Labeling Requirements for Cleaning Products

Another potentially meaningful development in legislation affecting consumer products companies: on February 25, a California legislator introduced a bill, AB 708, that would require manufacturers, distributors and retailers...more

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,...more

The U.S. Complaint Against the Government of China in the WTO, Including the Targeting of Chinese Medical Device Manufacturers

On February 11, 2015, the United States filed a complaint before the World Trade Organization (WTO), alleging that certain actions by the national, regional and local governments of the People’s Republic of China are in...more

EPA Significant New Use Rule for Benzidine-Based Substances Signals Broader Approach to Regulating Chemicals in Articles

On December 29, 2014, the Environmental Protection Agency (EPA) published a final significant new use rule (SNUR) with potentially broad implications for future chemical management policy under the Toxic Substances Control...more

Congress Finally Enacts Chemical Facility Security Legislation

In a rare bipartisan gesture, on December 11, 2014, the House of Representatives unanimously passed H.R. 4007, the “Protecting and Securing Chemicals Facilities from Terrorist Attacks Act of 2014” (“Act”), which the Senate...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

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

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

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

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

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