EPA has agreed, in a draft settlement, to conduct a rulemaking regarding the establishment of regulations to address potential “worst case” spills of hazardous substances similar to the existing “Facility Response Plan” (FRP) program for oil. In a consent decree
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Ring in the New Year with California’s Cleaning Product Disclosure Requirements
As of January 1, cleaning products sold in California must comply with the website disclosure requirements of the California Cleaning Product Right to Know Act of 2017. By New Year’s Day, manufacturers (broadly defined to include retailers and distributors of
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New York Mandates First in Nation Feminine Product Ingredient Disclosure
With the signature of Governor Andrew Cuomo last Friday, October 11 (not coincidentally also the United Nations’ “International Day of the Girl”), New York became the first state to require manufacturers of tampons and other feminine hygiene products to include
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The FOIA Charade: A Brief Case Study
With the release last month of proposed new EPA regulations on how the agency intends to handle responses to requests under the Freedom of Information Act (FOIA), critics have raised concerns about provisions that would give authority to senior management
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New York Further Delays Enforcement of Cleaning Product Disclosure Program
The New York Department of Environmental Conservation (NYDEC) announced last week that it will not begin enforcement of the Household Cleansing Product Information Disclosure Program until January 2, 2020. Previously, NYDEC had delayed enforcement until October 2 for compliance with
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EPA Punts on Meaningful Revisions to TSCA Reporting of Recycled Byproducts
In 2017, at the direction of a provision in the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act, which fundamentally reformed the Toxic Substances Control Act (TSCA), EPA convened a group of stakeholders representing environmental groups, states,
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EPA Proposes Changes to Key Chemical Data Reporting Rule
The U.S. EPA announced today proposed amendments to the Chemical Data Reporting (CDR) rule with an aim “to better support Agency data collection efforts, align reporting with the Frank R. Lautenberg Chemical Safety for the 21st Century Act by requiring
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EPA Issues First Set of Priority Chemicals for TSCA Risk Assessment
Earlier today, US EPA released the inaugural draft list of 20 “high priority” and 20 “low priority” chemicals for risk evaluation purposes as required by the 2016 amendments to the Toxic Substances Control Act (TSCA). EPA must finalize the listings
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Prop 65 Coming to New York ….?
Newly proposed legislation in New York, announced by Gov. Andrew Cuomo during the release of his Executive Budget late last month, would look an awful lot like California’s “Proposition 65” program … but, presumably, with crucial differences. As described by
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EPA Rule Addressing Methylene Chloride Risks Stalled by “Shutdown” … While Activists File First “New TSCA” Court Challenge for EPA Failure to Act
During confirmation hearings before Congress last week, Acting EPA Administrator Andrew Wheeler indicated that a long-awaited EPA rule to restrict consumer and commercial uses of methylene chloride as a paint and coating remover has been delayed by the government shutdown,
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