Final Management Standards for Hazardous Waste Pharmaceuticals Released

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On December 12, 2018, the EPA released its long-awaited Management for Hazardous Waste Pharmaceuticals Rule. The EPA addressed industry concerns by amending the hazardous waste listing for nicotine to exclude nicotine replacement therapies (NRTs) in this rulemaking, but challenges remain in the new management standards. Here are a few noteworthy takeaways as we continue to analyze the rule and its implications: The exclusion of NRTs is a big win … so long as states follow suit FDA-approved, over-the-counter NRTs (nicotine patches, gums, and lozenges) have been removed from the P075 hazardous [...]Read more

California Adopts First-in-Nation Stormwater Permit Incorporating TMDLS

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On November 6, 2018, California adopted the first-in-the-nation stormwater permit incorporating TMDLs and NELs. The new Industrial Stormwater Permit will take effect on July 1, 2020. Is your facility located in the Los Angeles, Santa Ana, San Diego or San Francisco regions?   Those are the four regions in California that have adopted TMDLs. Do you know the water body receiving the stormwater running off your facility? Well, now you really need to know. Stormwater is regulated even though it is simply the rain that falls on our roofs, our property and roads, because it picks up trash, chemicals, [...]Read more

California’s Drug and Sharps Takeback Bill Triggers Statewide Obligations

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All entities selling drugs and sharps in California should be aware of California’s pharmaceutical and sharps waste stewardship bill, SB 212, which recently passed both houses of the state Legislature. It currently sits on the Governor’s desk awaiting signature. SB 212 requires manufacturers of sharps and pharmaceuticals to create and fund a statewide take-back program covering prescription and OTC drugs. If a manufacturer is not located in the state, responsibility shifts down the chain to the wholesale distributor, then repackager, followed by the owner or licensee of the trademark, and lastly [...]Read more

Paint, Varnish, and Graffiti Remover Products: Next Up for Regulation by California

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Paint and varnish stripper products containing 1-methyl-2-pyrrolidone (NMP) are proposed as the fifth category of products to be regulated as a “Priority Product” under the California safer consumer product regulations. The first category of products listed in July 2017 is children’s foam-padded sleeping products containing certain flame retardants.  The second category, spray polyurethane foam with unreacted MDI, was just listed in July 2018.   Since no one manufactures the sleeping products and the spray polyurethane foam listing is brand new, we have yet to see any business implement [...]Read more

New Product Labels Required in California after August 30, 2018

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The deadline of August 30, 2018 is fast approaching for all products sold in California, as well as their catalogues, phone and on-online sales sites, to provide the revised warning and label requirements if required under California Proposition 65. Examples of a few of the potential new product warning labels are below.  Note that new features include a yellow triangle with an exclamation, new font sizes, new wording, new website reference and if the long form is chosen, a need to identify one or two chemicals depending if the product may result in a cancer and/or reproductive toxin exposure.  [...]Read more

Food Packaging Alert: Increasing State Scrutiny of PFAs, BPA and BPS

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Washington recently passed legislation that will examine and possibly lead to a ban on perfluorinated chemicals (PFAs) in food packaging.  Under Washington’s Healthy Food Packaging Act (H.B. 2658/S.B. 6396), which takes effect June 7, the Department of Ecology is required to identify safer alternatives to PFAs by January 1, 2020.  If Ecology succeeds in doing so, the law will ban PFAs in paper food packaging two years later, on January 1, 2022.  If Ecology does not find safer alternatives, Ecology will be required to review safer alternatives every year.  When Ecology finds an acceptable [...]Read more

Manufacturer’s Alert: Focus of California Regulations for Next Three Years

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Product manufacturers of the following product categories will be the focus of DTSC’s safer consumer product regulations for the next three years: Beauty, Personal Care, and Hygiene Products Cleaning Products Household, School, and Workplace Furnishings and Décor Building Products and Materials Used in Construction and Renovation Consumable Office, School, and Business Supplies Food Packaging Lead-Acid Batteries This is the second Three Year Work Plan released by DTSC.   The State of California will now gather information about products in these categories in workshops [...]Read more

Consumer Product and Packaging Alert: Enforcement Activities are Increasing for “Biodegradable” Claims and Toxics in Packaging

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California’s district attorneys and regulatory enforcement attorneys are increasing their policing efforts on consumer product label claims and packaging content. Consumer product manufacturers and their packaging suppliers should make renewed efforts to ensure compliance with the California Toxics in Packaging Prevention Act (TIPPA) (see Cal. Health and Safety Code Section 25214.11) which limits the content of toxic metals (i.e., lead, cadmium, mercury or hexavalent chromium) to 100 ppm. Sale of any product with packaging exceeding this content limit is prohibited in the State of California. [...]Read more

Paint Strippers Containing Methylene Chloride – State of California’s 3rd Priority Product Proposed

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On November 16, 2017, the State of California’s DTSC proposed to add its third product-chemical combination to its priority products list for regulation under its green chemistry/safer consumer products rules.   We are all still waiting to see the first, or any product, undergo the voluminous data, reporting and analytical requirements of the regulations and it remains to be seen if any ever will.   The third product to be proposed is “paint or varnish strippers containing methylene chloride” defined as “any product designed to break down paint, varnish, or any other surface coating [...]Read more

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

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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 sale of cleaning products and creates a new crime for  employers who fail to make such disclosures to their employees. The new labeling and disclosure requirements apply to air care, automotive, polish or floor maintenance and other general cleaning products (e.g., soaps, detergents, fabric care).  It does not include certain cleaning products used in industrial [...]Read more