News & Analysis as of

Environmental Protection Agency (EPA) Occupational Safety and Health Administration Chemicals

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

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

Ethylene Oxide/OSHA Enforcement: Proposed Penalties for Verona, Missouri, Chemical Plant

The Occupational Safety and Health Administration (“OSHA”) issued a July 11th news release stating that it was undertaking enforcement against BCP Ingredients Inc. (“BCPI”). BCPI is stated to operate a chemical plant in...more

Beveridge & Diamond PC

EPA Proposes to Ban Most Uses of Methylene Chloride

The U.S. Environmental Protection Agency (EPA) has proposed to ban almost all uses of methylene chloride (also called dichloromethane), a widely-used solvent and processing aid. The chemical was manufactured or imported in...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2023

TSCA/FIFRA/TRI EPA - Announces Reinvoicing 2023 Annual Pesticide Registration Maintenance Fee To Meet Statutory Direction: On January 13, 2023, EPA announced it is notifying pesticide registrants that EPA will send...more

Harris Beach PLLC

EPA Announces Perchloroethylene and Trichloroethylene Pose an Unreasonable Risk to Human Health

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The United States Environmental Protection Agency (EPA) announced final revised risk determinations for two chemicals, perchloroethylene (perc) and trichloroethylene (TCE). After revisiting its prior risk determinations, EPA...more

Bergeson & Campbell, P.C.

EPA Finds TCE, as a Whole Chemical Substance, Poses an Unreasonable Risk to Human Health

The U.S. Environmental Protection Agency (EPA) announced on January 9, 2023, the availability of the final revision to the risk determination for trichloroethylene (TCE) risk evaluation issued under the Toxic Substances...more

Bergeson & Campbell, P.C.

EPA Finds Methylene Chloride, as a Whole Chemical Substance, Presents an Unreasonable Risk to Human Health

The U.S. Environmental Protection Agency (EPA) announced on November 10, 2022, the availability of the final revision to the risk determination for the methylene chloride risk evaluation issued under the Toxic Substances...more

Bergeson & Campbell, P.C.

EPA Amends SNUR Regulations to Protect Workers’ Health

On July 5, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule amending the regulations governing significant new uses of chemical substances under the Toxic Substances Control Act (TSCA) to align with...more

Bergeson & Campbell, P.C.

EPA Releases Draft Revisions to Risk Determinations for PCE, NMP, Methylene Chloride, and TCE, Finding that Each, as a Whole...

The U.S. Environmental Protection Agency (EPA) recently released draft revisions to the risk determinations for perchloroethylene (PCE) (87 Fed. Reg. 39085), N-methylpyrrolidone (NMP) (87 Fed. Reg. 39511), methylene chloride...more

Beveridge & Diamond PC

The Future Is Now for TSCA Risk Management Rulemaking for Asbestos and Other Chemicals

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EPA has proposed a ban on the ongoing uses of chrysotile asbestos, illustrating EPA’s strong authority under section 6 of the Toxic Substances Control Act (TSCA). Nevertheless, it is the alternatives to a ban that EPA...more

Smith Gambrell Russell

Biden EPA’s Plans to Overhaul TSCA Chemical Assessments Sparks Debate Over PPE Use

The EPA has announced that it intends to reconsider Trump-Era assumptions on worker’s use of personal protective equipment (PPE) when conducting TSCA chemical safety evaluations. Under the Trump-Era policy, the EPA assumed...more

Jackson Lewis P.C.

Manufacturers Should Prepare For OSHA’s New And Altered Proposed Hazard Communication Requirements

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Manufacturers, suppliers, distributors, and importers have often struggled with communicating product hazards to downstream employees and users, due to complex hazard communication requirements in international standards, as...more

Jackson Lewis P.C.

New And Altered Hazard Communication Requirements Coming Soon

Jackson Lewis P.C. on

Earlier this month, the Occupational Safety and Health Administration (“OSHA”) announced proposed amendments to the Hazard Communication Standard (“HCS”) in 29 CFR 1910.1200. The last time OSHA amended the HCS was in 2012 to...more

Bergeson & Campbell, P.C.

EPA and OSHA Sign MOU Regarding EPA’s Review of New Chemicals under TSCA

The U.S. Environmental Protection Agency (EPA) announced on January 12, 2021, that it signed a memorandum of understanding (MOU) with the Occupational Safety and Health Administration (OSHA) “that advances collaboration and...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2020

TSCA/FIFRA/TRI - ABA SEER Article -- “The Essentials Of TSCA Practice”: We are pleased to announce that the ABA SEER published an article written by Lynn L. Bergeson and Eve C. Gartner entitled “The essentials of TSCA...more

Bracewell LLP

U.S. Chemical Safety Board Issues Factual Update on TPC Group Port Neches Facility

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Today, the CSB issued an interim factual update on its investigation of the November 27, 2019 explosion at TPC Group's Port Neches facility in Texas. The November 2019 explosion resulted in millions of dollars of estimated...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2020

TSCA/FIFRA/TRI - EPA States TSCA Section 21 Petition For Risk Management Rule Not Valid, Treats It As An APA Petition: In a letter dated July 28, 2020, the U.S. Environmental Protection Agency (EPA) acknowledged the receipt...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2020

TSCA/FIFRA/TRI - Lynn L. Bergeson, “Feeling The Pinch: Who Pays TSCA Risk Evaluation Fees?,” Financier Worldwide, September 2020: Ordinarily, government fees command little interest in corporate finance and board-level...more

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

The CSB Adopts Final Accidental-Release Reporting Regulations

The U.S. Chemical Safety and Hazard Investigation Board (CSB) adopted regulations on February 21, 2020, under the Clean Air Act requiring the reporting of certain accidental releases. Their purpose is to enable the CSB to...more

McGuireWoods LLP

What to Expect in Environmental Regulation for 2019

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Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2018

TSCA/FIFRA/TRI - EPA Publishes First Draft TSCA Chemical Risk Evaluation: On November 15, 2018, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of and seeking...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2018

TSCA/FIFRA/TRI - EPA Issues Final TSCA Fees Rule: On October 17, 2018, EPA issued a final fees rule under TSCA. 83 Fed. Reg. 52694. The final rule largely tracks the proposed rule....more

Husch Blackwell LLP

Under Siege, Will The Chemical Safety Board Continue An Aggressive Approach?

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With an open slot for the Trump administration to make an appointment, will the Chemical Safety Board (CSB) fall in line with the deregulatory agenda of other federal agencies or continue to recommend stricter rules? The...more

Williams Mullen

Tips for Tackling Tier II Trouble

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Companies with hazardous chemical reporting obligations know the significance of March 1. On that date each year, facilities that at any time during the prior year had 10,000 pounds or more of an OSHA hazardous chemical, or...more

Alston & Bird

EPA Final Facility Safety Rule Still Faces Uncertain Future

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Yesterday, EPA Administrator Gina McCarthy signed the agency’s final Facility Safety Rule. The rule, which contains some significant changes from the draft version, will be published in the Federal Register within the next...more

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