Category Archives: Uncategorized

Now Effective: EPA’s Sewer Ban and (in some states) Management Standards for Hazardous Waste Pharmaceuticals

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Today, August 21, 2019, EPA’s Final Management Standards for Hazardous Waste Pharmaceuticals takes effect federally.  The sewer ban component of the new rule applies in all states.  Healthcare facilities are now prohibited from flushing hazardous waste pharmaceuticals, including DEA controlled substances and “pharmaceutical wastage” that are hazardous waste.  This sewering ban may drive many facilities to stop flushing pharmaceuticals entirely (even those that are not hazardous waste), given how complicated it is in practice for healthcare provides to determine which drugs are hazardous [...]Read more

Prop 65 Warning Regulations Adopted

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Today, September 2, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) published its notice of adoption of amendments to Prop 65 - essentially overhauling Title 27 of the California Code of Regulations, Article 6, which governs the warning requirements of the Safe Drinking Water and Toxic Enforcement Act The new regulations are not effective until August 30, 2018. In the interim, businesses have the option of complying either with the current regulation, or the provisions of the new regulation. OEHHA has published a side-by-side comparison of the newly adopted [...]Read more

Global Manufacturers: DTSC Announces 45 Day Comment Period on Regulation to List the First of its Proposed “Priority Products”

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The California Department of Toxic Substances Control (DTSC) is proposing to list certain children’s foam-padded sleeping products as “Priority Products” under the Safer Consumer Product (SCP) Regulations and today announced a 45-day comment period that will close on August 29, 2016. The initial list of Proposed Priority Products, published March 2014, had included children’s foam-padded sleeping products, as well as the following categories of products: Paint and Varnish Strippers, and Surface Cleaners containing Methylene Chloride Spray  Polyurethane Foam Systems containing [...]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The outdated Toxic Substances Control Act (TSCA) has just received the most significant update in decades.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

Short Comment Period for Revised Prop 65 Warning Regulations

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On Friday, March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) released another set of proposed revisions to the Prop 65 warning label regulations. The comment period is very short – only 15 days.  Members of the public have only until April 11, 2016 at 5:00 p.m. PST to submit comments on the revised regulations.  Requests to extend the comment period are pending, but not guaranteed. OEHAA initiated formal rulemaking for the revisions to Prop 65 warning label regulations in January 2015. That proposal was repealed and replaced with new proposed regulations [...]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

2013: Time to Prepare for Compliance with CA’s Safer Consumer Product Regulations, as published in the Environmental Leader, February 27, 2013

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What do you need to be prepared for in the first 60 days? 2013 will mark the end of one struggle and the beginning of another in industry’s attempt to understand and prepare for the obligations and expectations for the design and manufacture of products sold in California. Leading up to the formation of California’s Green Chemistry Initiative in early 2007 was an increasing volume of legislative proposals to ban chemicals and ingredients used in consumer products. The Initiative was supported by industry interested in moving the debate about the safety of chemicals to a regulatory agency [...]Read more

Murkowski Releases Energy Blueprint

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Earlier this week, Sen. Murkowski (R-AK) released an energy blueprint, entitled “Energy 2020.” The blueprint was developed with seven principles in mind: producing more, consuming less, clean energy technology, energy delivery infrastructure, effective government, environmental responsibility, and an energy policy that pays for itself. Murkowski believes this can be done with more oil and gas production, reducing carbon emissions, and the development of a “trust fund” for clean energy. Her hope is the blueprint could serve as a basis for starting a comprehensive energy [...]Read more

California Issues Notice For Proposed Regulations That Would Amend CEQA

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The California Natural Resources Agency issued a notice for proposed regulations that would amend the California Environmental Quality Act(CEQA) to streamline environmental review for qualifying infill projects. The objective of the regulations is to “streamline the environmental review process for eligible infill projects by limiting the topics subject to review at the project level where the effects of infill development have been addressed in a planning level decision or by uniformly applicable development policies.” Public hearings will be held on September 7, 2012 in [...]Read more

EPA Releases Final Rule for Air Standards for Hydraulic Fracturing Operations

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EPA published the final rule, “Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews,” last week. The rule, which was finalized in April, and we blogged about here, sets the first air pollution standards for hydraulic fracturing operations. For hydraulic fracturing, the rule will require owners/operators to use reduced emissions completions, also known as RECs, and a completion combustion device to reduce VOC emissions beginning on January 1, 2015. Up until January 1, 2015 owners/operators may flare gas to reduce [...]Read more