News & Analysis as of

Chemicals Manufacturers

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Union County, Arkansas Chemical Manufacturing...

The Arkansas Department of Environmental Quality (“ADEQ”) and The Chemours Company FC, LLC (“Chemours”) entered into a December 8th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution...more

Toxic Substances Control Act:/Environmental Council of the States Comments: Chemical Data Reporting/Requirements for Inorganic...

The Environmental Council of the States (“ECOS”) submitted December 11th comments to the United States Environmental Protection Agency (“EPA”) on: Chemical Data Reporting: Requirements for Inorganic Byproduct Chemical...more

States Continue to Enact Chemical Legislation in 2017

by Beveridge & Diamond PC on

State legislatures have been relatively active on chemical and material regulations in 2017. As previously reported here, at least 51 bills to regulate chemicals were introduced across the country’s state houses in 2017. ...more

Expiring Soon: Temporary BPA Warning Regs Under Prop 65

With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires...more

New Concerns for Companies That Import or Manufacture "Toxic" Chemicals

by Clark Hill PLC on

Inevitably, a change in Administrations leads to changes in policies and priorities of regulatory agencies. Most media coverage has focused on opposition to the Trump Administration's efforts to revise existing or proposed...more

Prop 65 – Version 2.0: New Rules for Prop 65 Warnings Shake Things Up

by Davis Wright Tremaine LLP on

California’s old Proposition 65 warnings, which have been in place since 1986 are about to get a facelift – under newly adopted regulations by the Office of Environmental Health Hazard Assessment (OEHHA), what was once “clear...more

New York Household Cleansing Product Information Disclosure Program Could Target Nanomaterials

by Bergeson & Campbell, P.C. on

As reported in our October 20, 2017, memorandum, “California and New York Require Manufacturers to Disclose Ingredients in Cleaning Products,” on April 25, 2017, New York Governor Andrew Cuomo (D) announced the Household...more

New California Product Label and Internet Disclosure Requirements (and New Crime for Employers who Fail to Disclose) for Cleaning...

by Alston & Bird on

On October 15, 2017, California enacted SB 258 – the Cleaning Product Right to Know Act of 2017 (Cal. Health and Safety Code Sections 108950 et seq.) – that requires product label and on-line disclosure requirements or bans...more

California Passes Legislation on Chemical Ingredients in Broadly Defined “Cleaning Products”

by Reed Smith on

Expanding upon a growing trend of federal and state laws focused on public-right-to-know and information-transparency policies that inform the public of what chemicals they are exposed to in products, California Governor...more

California and New York Require Manufacturers to Disclose Ingredients in Cleaning Products

by Bergeson & Campbell, P.C. on

On October 15, 2017, California Governor Jerry Brown (D) signed the Cleaning Product Right to Know Act of 2017 (S.B. 258). The new law requires manufacturers of cleaning products to disclose certain chemical ingredients on...more

California Governor Brown Signs Cleaning Product Right to Know Act of 2017 (S.B. 258); New York Stat

by Bergeson & Campbell, P.C. on

On October 15, 2017, California Governor Jerry Brown signed California Senate Bill (S.B.) 258, the Cleaning Product Right to Know Act of 2017, which would require manufacturers of cleaning products to disclose certain...more

European Parliament: Substances of Concern in the Circular Economy Are Difficult to Address

by Latham & Watkins LLP on

A new European Parliament briefing highlights the benefits of, and difficulties associated with, transitioning the chemicals industry to a circular economy. The traditional economy typically involves purchasing and using a...more

An Assessment and Comparison of New TSCA and REACH

by Jones Day on

Passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, or "New Toxic Substances Control Act," introduces a number of changes to regulations for the collection and assessment of information concerning...more

EPA Promulgates Final SNUR for Bimodal Mixture Consisting of MWCNTs and Other Classes of CNTs

by Bergeson & Campbell, P.C. on

On October 3, 2017, the U.S. Environmental Protection Agency (EPA) promulgated a final significant new use rule (SNUR) under Section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified...more

Final TSCA Inventory Notification Rule Issued

by Williams Mullen on

EPA has begun promulgating regulations to implement the Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016 (Act), legislation that makes significant changes to the Toxic Substance Control Act (TSCA). EPA...more

EPA Issues Direct Final SNURs for Carbon Nanotube (Generic) and Nanocarbon (Generic)

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) promulgated on September 21, 2017, significant new use rules (SNUR) for 37 chemical substances that were the subject of premanufacture notices (PMN). Six of the chemical...more

Cefic Provides Circular Economy Comments On EC’s Stakeholder Consultation, and Other Recent REACH Developments

by Bergeson & Campbell, P.C. on

Cefic Provides Circular Economy Comments On EC’s Stakeholder Consultation: In July, the European Chemical Industry Council (Cefic) provided comments in response to the European Commission’s (EC) “Stakeholder Consultation...more

U.S. Environmental Protection Agency Office of Inspector General Project Notification: Evaluation of Importers' and Manufacturers'...

The United States Environmental Protection Agency (“EPA”) has issued an August 22nd Project Notification titled: Evaluation of Importers’ and Manufacturers’ Chemical Data Reporting Under the Toxic Substance Control...more

WARNING! Prop 65 regulations are a year away in California. Is Your Product’s Warning Label Compliant?

by Wilson Elser on

After many years of debate, consideration and public input, California’s new regulations go into effect on August 30, 2018, under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 - commonly known as Prop 65....more

EPA Publishes Background Documents for Five PBT Chemicals, Hosting Webinar in Early September

by Beveridge & Diamond PC on

Persistent, bioaccumulative, and toxic chemicals (PBTs) receive expedited attention under the amended Toxic Substances Control Act (TSCA). The Environmental Protection Agency (EPA) recently released background documents for...more

Chemicals, Compliance and the Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory...more

The TSCA Inventory Reset Begins

by Beveridge & Diamond PC on

Virtually all manufacturers and importers of chemicals for the past 11 years are now subject to a new TSCA reporting requirement known informally as the TSCA Inventory Reset. Reports are due by February 7, 2018. All...more

Six things to know about glyphosate

by DLA Piper on

Glyphosate, one of the most widely used herbicides in the world, is under scrutiny by media and plaintiff groups amid recent reports that it is potentially carcinogenic. A key ingredient in consumer and industrial...more

TSCA Implementation Update: EPA Finalizes Framework Rules and Announces Scope For First Risk Evaluations

TSCA Framework Rules Promulgated - As we outlined last year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those...more

At the One-Year Mark, the EPA’s Existing Chemical Review Process is Taking Shape: What Does That Mean for Your Business?

On Thursday, June 22, 2017, the Environmental Protection Agency (EPA) announced a series of actions implementing its new authority to review the safety of chemicals already in U.S. commerce under the recently amended Toxic...more

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