CARB’s March 2, 2015 Reporting Deadline is Approaching Fast – Do you need an extension?

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The reporting deadline for makers of consumer products, office supply products, garden supply, pool, personal care, automotive, and many other product types (see full list of product categories in Appendix A) is fast approaching. We previously blogged and released an Advisory about the CARB (California Air Resources Board) reporting requirement and the need to think about protecting your product’s trade secrets. It is possible the March 2, 2015 reporting deadline will be extended.  Even if it is not, CARB has stated that it will consider extensions of this deadline on a case-by-case basis. But [...]Read more

EPA to Begin Enforcing New Low Sulfur Fuel Standards for Vessels

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EPA is increasing enforcement of vessel pollution cases—specifically violations of fuel sulfur standards—in the North American and U.S. Caribbean Emissions Control Areas ("ECAs"), as demonstrated through its recent release of the “EPA Penalty Policy for Violations by Ships of the Sulfur in Fuel Standard and Related Provisions.”  This policy outlines how EPA will calculate penalties assessed for violations of Act to Prevent Pollution from Ships, the law that implements MARPOL, Annex VI.  The release of this policy coincides with the December 31, 2014 significant reduction in fuel sulfur [...]Read more

California State Water Board Workshop on Changes to Industrial Stormwater General Permit

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The California State Water Resources Control Board (“State Water Board”) held a workshop today to discuss significant changes to the General Permit for stormwater associated with industrial activity. The new General Permit, as discussed in an April 2, 2014 Alston & Bird LLP post, takes effect July 1, 2015. Notable changes in General Permit requirements are listed in the State Water Board’s Summary of Significant Changes. Among other prominent changes, the new General Permit makes it mandatory for dischargers to submit and certify all reports electronically on the SMARTS system, requires [...]Read more

OEHHA Releases Formal Rulemaking Draft for Prop 65 Warning Regulations

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The California Office of Environmental Health Hazard Assessment (OEHHA) released its formal rulemaking draft of Prop 65 warning regulations today. The public comment period begins Friday, January 16, and closes Wednesday, April 8. Uniquely for this rulemaking, OEHHA intends to post comments as they are received instead of waiting until the comment period closes. One of the key changes is the proposal that 12 chemicals (the so-called “dirty dozen” - see Section 25602) be specifically included in Prop 65 warnings: acrylamide, arsenic, benzene, cadmium, carbon monoxide, chlorinated tris, [...]Read more

Trade secret protection for mandatory California consumer product survey?

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Every company listed on a label of a consumer or commercial product sold or supplied for use in California in 2013 must complete and submit a survey to the California Air Resources Board by March 2, 2015.  Makers of hair sprays, cleaning products, floor waxes, insecticides, paints, as well as numerous other categories of products must submit their data in CARB’s electronic survey system, called the Consumer Product Reporting Tool (CPRT) and for formulators, the CPRT-F.  See Appendix A in the survey instructions for a full list of product categories.  The survey is unprecedented in its scope [...]Read more

DEA Releases Regulations Implementing the Secure and Responsible Drug Disposal Act

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The Department of Justice (DOJ), Drug Enforcement Administration (DEA) released a final rule that implements the Secure and Responsible Drug Disposal Act of 2010, also referred to as the “Disposal Act.” The new regulations take effect on October 9, 2014. They provide additional options for ultimate users to dispose of controlled substances, and create a voluntary role for industry registrants, i.e. “collectors,” which are entities that ultimate users can transfer controlled substances to for disposal. An “ultimate user” includes a person a controlled substance is prescribed to; [...]Read more

Makers of Beauty, Hygiene, Furniture, Cleaning, Clothing, Fishing, Office Machinery and Building Products – GET READY! Future Regulated Product Categories Selected by California

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Under the California Safer Consumer Product Regulations, maker of products that are selected as “priority products” will be invited to participate in a grueling paperwork-laden regulatory process, that involves multiple notifications, alternatives analyses, chemical hazard and environmental assessments for the entire lifecycle of making their product from raw material extraction, manufacturing, transportation, use by consumer and ultimate disposal of product. Read more about the requirements here or here. In August 2014, the California Department of Toxic Substance Control ("DTSC") held [...]Read more

EPA Opens Environmental Crimes Office in North Dakota

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The Environmental Protection Agency (EPA) opened a Criminal Investigation Division (CID) office in North Dakota at the end of July. North Dakota has seen its oil production increase to over 1 million barrels a day over the last decade. The Bakken shale, located in the western part of the state, holds almost 11 billion barrels of oil, and production is increasing. EPA’s office is staffed by four agents who plan to investigate operations in the state’s western oil patch, ranging from drilling rigs to disposal sites and everything in between. EPA’s closest offices have been in Montana and Colorado [...]Read more

BOEM Issues ANPR to Update Financial Assurance Requirements for Outer Continental Shelf Operations

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The Bureau of Ocean Energy Management (BOEM) issued an advanced notice of proposed rulemaking (ANPR) on Risk Management, Financial Assurance, and Loss Prevention in an effort to update its financial assurance regulations for industrial operations on the Outer Continental Shelf (OCS). BOEM intends to develop more robust financial assurance requirements to address what the agency perceives as increasingly complex financial, commercial, functional, and business risks involving leases, Rights-of-Use and Easements (RUEs), Pipeline Rights-of-Way (ROWs) and facilities on the OCS. BOEM is soliciting [...]Read more

DTSC to Reschedule Workshops

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The California Department of Toxic Substances Control (DTSC) had scheduled two workshops for earlier this month to review its draft Priority Products Work Plan, but they were postponed. The draft work plan has yet to be released and is the reason behind postponing the workshops. DTSC hopes to release the draft work plan in September and schedule the workshops following its release to allow ample time for stakeholders to review the work plan and be prepared for the workshops. We will provide more details on the draft work plan and the new dates for the workshops when they are released. [...]Read more