News & Analysis as of

DTSC

California Adopts First Green Chemistry Regulations for Children’s Nap Mats and Provides Important Guidance for Its Alternatives...

by Morrison & Foerster LLP on

California took two important steps forward to implement its new Green Chemistry Initiative, also known as the Safer Consumer Products (SCP) Program, to regulate and encourage replacement of toxic chemicals in consumer...more

Bill Proposes an Appointed Board to Fix the Department of Toxics Substances Control; Will It Just Make Matters Worse?

by Stoel Rives LLP on

Senate Bill 774 (“SB 774”) proposes to eliminate the Department of Toxic Substances Control (“DTSC”) and form a five-member board, the California Toxic Substances Board (“CTS Board”). On June 1, the Senate approved the bill,...more

California Legislation Proposes Increased Chemical Disclosure Requirements for Cleaning Products

by Reed Smith on

The California legislature is considering a bill aimed at requiring full disclosure of ingredients and chemicals of concern in cleaning products. The bill, if enacted, will impact manufacturers’ and California employers’...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Maybe 2018 Will Be the Year We Finally See How the California Safer Consumer Product Regulations Will Work in Practice? Spray...

by Alston & Bird on

DTSC has released the rulemaking for its second selected “priority product” which is spray polyurethane foam systems with unreacted methylene diphenyl diicyanates. This is a product that is actually manufactured and sold in...more

Extension Of Comment Period On SCP Draft Alternatives Analysis Guide

by Bergeson & Campbell, P.C. on

On December 22, 2016, the California Department of Toxic Substances Control (DTSC) announced that the public comment period for the draft Alternatives Analysis (AA) Guide for the Safer Consumer Products (SCP) program has been...more

DTSC Calls for Input on Next Potential Priority Products

by Bergeson & Campbell, P.C. on

On November 15, 2016, the California Department of Toxic Substances Control (DTSC) held a webinar to provide an update on its progress and seek input from stakeholders regarding the selection of the next set of Priority...more

Clothing, Cleaning Products, Nail Polish, Carpets, Rugs and Upholstered Furniture among the next likely Priority Products to be...

by Alston & Bird on

The long slumber is over. DTSC is now actively pursuing its next three priority products (PP), which are the following chemical-product combinations: - 1. Nonylphenol ethoxylates and triclosan in cleaning, clothing and...more

Consumer Products Face New Challenge: State Finds That Many Common Products Must be Managed as Hazardous Waste When Disposed Of

by Morrison & Foerster LLP on

California’s Department of Toxic Substances Control (DTSC) has released the results of aquatic toxicity testing on over-the-counter remedies, health and beauty products, and cleaning products. The results indicate that over...more

Lesson of Ninth Circuit CERCLA Decision: Prepare to Prove Recoverable Costs

On June 13, 2016, the Ninth Circuit held that a party which has settled its liability pursuant to a CERCLA section 1071 cost recovery claim may recover any response costs not covered by the settlement under CERCLA section...more

California Unveils Its First Green Chemistry Regulations for Children’s Foam-Padded Sleeping Products with Fire Retardants

by Morrison & Foerster LLP on

Following up on the breakthrough amendments to the federal Toxic Substances Control Act (TSCA), California has reasserted its intention to proceed with its Green Chemistry Initiative to require substitution of safer chemicals...more

California Proposes First “Priority Products” under Safer Consumer Products Regulations

by Bergeson & Campbell, P.C. on

On July 15, 2016, the California Department of Toxic Substances Control (DTSC) announced the release of its proposed regulation on children's foam-padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate...more

Global Manufacturers: DTSC Announces 45 Day Comment Period on Regulation to List the First of its Proposed “Priority Products”

by Alston & Bird on

The California Department of Toxic Substances Control (DTSC) is proposing to list certain children’s foam-padded sleeping products as “Priority Products” under the Safer Consumer Product (SCP) Regulations and today announced...more

California Environmental Law & Policy Update - May 2016

by Allen Matkins on

Environmental and Policy Focus - Judge refuses to halt Delta land sale to Metropolitan Water District - Sacramento Bee - May 1 - San Joaquin Superior Court Judge Barbara Kronlund last Friday declined to grant a...more

Evolving State Green Chemistry Initiatives

by Beveridge & Diamond PC on

States continue to enact new laws and implement a diverse array of programs and requirements seeking to regulate the manufacture, sale, and use of chemicals in products. Some state requirements have a narrow scope limited to...more

California Environmental Law & Policy Update - October 2015 #2

by Allen Matkins on

Environmental and Policy Focus - Nationwide stay of EPA/Army Corps "Waters of the U.S." rule issued by Sixth Circuit Court of Appeals: Allen Matkins - Oct 9: The Sixth Circuit Court of Appeals today issued a nationwide...more

California Issues Draft Alternatives Assessment Analysis Guide

by Bergeson & Campbell, P.C. on

The California Department of Toxic Substances Control (DTSC) has issued a draft of its Stage 1 Alternatives Analysis (AA) Guide. DTSC developed this guidance to help the regulated community conduct AA and regulatory...more

California Department of Toxic Substances Control Gains New Hazardous Waste Regulatory Powers

by Morgan Lewis on

Governor Brown and Legislature give the state’s Department of Toxic Substances Control more power to regulate hazardous substances. On Friday, October 2, 2015, California Governor Edmund G. Brown Jr. signed into law a...more

Consumer Products “Either/Or”: California Issues Guidance on Alternatives Analysis for Safer Products

by Morrison & Foerster LLP on

California’s Green Chemistry Initiative has taken another step forward with the issuance of guidance on the heart of the law, the analysis of safer substitutes for chemicals in consumer products. On September 24, 2015, the...more

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

by Bergeson & Campbell, P.C. on

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

Required Action on the Horizon for California Consumer Products Companies

Yesterday, the Department of Toxic Substances Control (“DTSC”) released its draft Stage 1 Alternatives Analysis Guide (“Guide”) under the California Safer Consumer Products program. Public comments are being accepted on the...more

On the Cusp of TSCA Reform, States Continue to Regulate Chemicals

by Beveridge & Diamond PC on

As legislation to reform the Toxic Substances Control Act nears passage in Congress, states continue to enact and implement a diverse array of their own requirements affecting the use of chemicals in products sold within...more

FedEx Enters Settlement with California District Attorneys to Partially Resolve Allegations of Mismanagement of Damaged Products,...

by Beveridge & Diamond PC on

On July 28, 2015, FedEx Ground Package System, Inc. (“FedEx”) entered into a settlement agreement (“Settlement”) with a group of California District Attorneys to partially resolve allegations that the company stored and...more

California’s Green Chemistry Agency Issues New Guidance to Identify Future Consumer Products for Regulation

by Morrison & Foerster LLP on

California’s Green Chemistry Initiative continues to build momentum. On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its final April 2015 Priority Product Work Plan for 2015–2017...more

DTSC Releases Final Priority Product Work Plan

by Bergeson & Campbell, P.C. on

On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its much anticipated Final Priority Product Work Plan under the Safer Consumer Products Regulations. The Work Plan, initially proposed...more

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