Chemicals Manufacturers

News & Analysis as of

Congress Overhauls 1976 Federal Chemical Regulation Law

Gives EPA Broad Mandate to Evaluate Safety of All Chemicals and Practical Authority to Ensure Safe Use - On Tuesday, the U.S. House of Representatives overwhelmingly passed a bipartisan bill that, for the first time in...more

What We Have Here is a Failure to Communicate (in the Workplace)

For the third consecutive year, OSHA’s second most cited violation was for failure to comply with the Hazard Communication Standard (HCS). The HCS was promulgated in 1983 and requires chemical manufacturers and importers to...more

EPA Promulgates SNUR for Functionalized CNTs (Generic)

On May 16, 2016, the U.S. Environmental Protection Agency (EPA) promulgated, through a direct final rule, significant new use rules (SNUR) for 55 chemical substances that were the subject of premanufacture notices (PMN),...more

TSCA: B&C Analyzes CDR Enforcement Actions from 2007 to 2014

In preparation for the opening of the reporting period for the U.S. Environmental Protection Agency's (EPA) 2016 Chemical Data Reporting (CDR) rule, Bergeson & Campbell, P.C. (B&C®) conducted a review of recent enforcement...more

[Webinar] New GHS Hazard Communication Standard: Roll-out Issues - May 11th, 1:00 pm EDT

Perhaps the most significant safety related regulatory reform during the Obama Administration has been the amended Hazard Communication Standard, bringing OSHA’s chemical Right-to-Know regulation more in line with the United...more

The District of Columbia and Washington State Pass Back-to-Back Bans on Flame Retardants

The District of Columbia and the state of Washington recently enacted laws banning the use of listed flame retardants in certain products, ranging from children’s products and residential upholstered furniture in Washington...more

China's New Chemical Substance Notification Guideline

On March 06, 2016, China's Ministry of Environmental Protection (MEP) submitted a proposed draft rule on chemical substances, the Guidance for New Chemical Substance Notification and Registration (Draft) (2016 Guidelines) to...more

EPA Publishes Final Rule on Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data In The...

On March 29, 2016, the U.S. Environmental Protection Agency (EPA) published the Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data final rule in the Federal Register. This final rule...more

California Adopts Additional Phthalate Proposition 65 Safe Harbor Limit - Agency Rejects Calls for Higher (and Lower) Limit

California’s Office of Administrative Law has amended the list of regulatory safe harbor levels under Proposition 65 to include the chemical diisononyl phthalate (DINP), setting the limit at 146 micrograms per day...more

Private Equity Market Intelligence - Manufacturing/Industrials Quarterly Report - Q4

Market Overview - Manufacturing - • Economic activity in the manufacturing sector contracted in December for the second consecutive month, said the latest Manufacturing ISM Report On Business. • Based on the...more

TSCA Legislation Passes the Senate, Nears Final Passage

On December 17, 2015, the Senate unanimously approved legislation to amend the Toxic Substances Control Act (TSCA). The legislation amended the bill already approved by the House of Representatives by substituting the text...more

What the Toxic Substances Control Act Overhaul Means to Manufacturers

The U.S. Senate passed the long-pending bill (S. 697) to overhaul the Toxic Substances Control Act, which will bolster the government’s power to regulate a wide variety of chemicals. The practical effect of the Frank R....more

TSCA Reform Bills Advance in House and Senate

S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, was the subject of a legislative hearing at the Environment and Public Works Committee in April, and was reported favorably to the full Senate along...more

DTSC Issues Guidance to Companies on How to Prepare Alternative Analysis under the Safer Consumer Products Regulations

California's Department of Toxic Substances Control (DTSC) released for comment its Draft Stage 1 Alternatives Analysis Guide (Draft AA Guide). Under the Safer Consumer Products Regulations (SCPR), responsible entities...more

Notification of SVHCs in Finished Products

The European Court of Justice (ECJ) has recently handed down a landmark judgment which clarifies when the notification obligations under REACH relating to substances of very high concern (SVHCs) apply. REACH requires...more

TSCA: EPA Releases Final SNUR for HBCD, and EPA’s SNUR Reach Over Imported Article Continues

The U.S. Environmental Protection Agency (EPA) released on September 17, 2015, a signed final significant new use rule (SNUR) for hexabromocyclododecane or 1,2,5,6,9,10-hexabromocyclododecane (HBCD). Under the final rule,...more

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

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