Category Archives: Green Chemistry

US EPA Announces its Implementation Plan for TSCA Reform

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TSCA Reform was signed into law just one week ago on June 22, 2016, but a mere one week later, on June 29, U.S. EPA has published its implementation plan, which sets an aggressive schedule to get into place the basic rulemaking frameworks to implement its vast new authorities. U.S. EPA is proposing to establish its regulatory framework for implementation of its new authorities into four main rulemakings, and propose three of them by mid-December 2016 in the twilight days of the Obama Administration. The four main rulemakings are: 1) prioritization process rule, 2) risk evaluation process [...]Read more

Historic TSCA Reform Signed Into Law

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The outdated Toxic Substances Control Act (TSCA) has just received the most significant update in decades. On Wednesday, June 22, President Obama signed into law sweeping reforms, which had bi-partisan support in both houses. Last month, the U.S. House of Representatives voted overwhelmingly to approve a revised version of the Toxic Substances Control Act (TSCA) reform bill, H.R. 2576, originally approved by the House last year. The Senate passed the bill on June 7. The newly signed bill was a compromise following House and Senate negotiations to reconcile differences between last year’s House [...]Read more

California – New Prop 65 Product Label Requirements Likely to be Adopted

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Today, May 17, 2016, OEHHA released a second set of revisions to its proposed regulations to change the warning labeling requirements for Prop 65.  This is the first major change to the words required on product labels and shelf signs and catalogues selling products into California in several decades.  OEHHA has been working on these warning wording and method changes since 2013.  The most recent proposal commenced in November 2015, and has gone through several public comment periods and revisions.  Today’s May 17th revision is probably the last set of revisions before adoption.  Comments [...]Read more

I See a Prop 65 Label On This Product, But What Does It Mean? New California Website to Explain

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At the beginning of 2016, the State of California (OEHHA) adopted a new regulation to give itself authority to create and operate a website to provide information about the Prop 65 labels the public sees on everyday products and in everyday locations such as restaurants, gas stations and airports.  New section 25205 allows OEHHA to post information about pathways of exposure to chemicals in products and strategies to avoid exposure, while also providing a disclaimer that OEHHA cannot assure the accuracy of anything it posts.   It creates a petition process for manufacturers, sellers and the [...]Read more

TSCA Reform Passes Senate Unanimously

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Historic overhaul of the primary law governing the safety of chemical products in the U.S.—the Toxic Substances Control Act (“TSCA”)—has, after long delay, passed in the Senate. With agreement from all sides that the law is long overdue for modernization and reform, lawmakers have been working for years to update and reform TSCA.  Enacted in 1976, TSCA has never been significantly amended and the current legislation is poised to massively overhaul U.S. EPA’s authority over chemicals in commerce. In June 2015, the House of Representatives passed the bipartisan TSCA Modernization Act [...]Read more

California Releases its First Draft of its Alternatives Analysis Guide (AA Guide)

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All manufacturers and sellers of consumer products into California should take note.    California has just released its first draft of stage one of its Alternatives Analysis Guide (AA Guide).  You can read all 103 pages here. If your product is selected as a “priority product” under the California Safer Consumer Product Regulations, then your company will be required to prepare and submit for public review an alternatives analysis (AA).  Learn more here, here or here. An AA is a brand new paperwork beast.  It is in parts a large CEQA/NEPA-type document, in parts a hazard assessment, [...]Read more

Bipartisan TSCA Reform Bill Sails Through House

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Last night, the U.S. House of Representatives passed the TSCA Modernization Act of 2015 (H.R. 2576) with a near-unanimous vote of 398-1. The bipartisan bill now heads to the Senate, where a competing bill (S. 697) advanced last month. Lawmakers will have to resolve key differences between the bills before sending to President Obama. H.R. 2576 would update the 40-year old Toxic Substances Control Act for the first time. The bill’s key provisions remove cost as a factor in EPA’s chemical safety assessments, afford EPA more power to order new chemical safety data, and aim to create a more uniform [...]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

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

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