Memoranda

On November 12, 2013, the United States Environmental Protection Agency (EPA) released an Administrative Law Judge (ALJ) decision ordering Respondent Elementis Chromium Inc., f/k/a Elementis Chromium, LP (Elementis or Company), to pay a $2,571,800 civil penalty for violating Section 8(e) and Section 15(3)(B) of the Toxic Substances Control Act (TSCA). The decision is available online. Although the case is highly fact-specific, the decision, if upheld under any potential appeal, may be used...

The Acta Group (Acta) outlines below thoughts on what may be headed our way in 2014 from the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). We also offer a few thoughts on European and Asian developments pertinent to chemical regulatory matters. Although President Obama is well into his second term, the 2014 off-year elections, combined with the bitter partisan atmosphere in Washington, D.C., will result in a continuing use...

In what may be a test case for the future of neonicotinoids, the first public consultation launched by the European Chemicals Agency (ECHA) for a new active substance under the 2013 Biocidal Products Regulation (BPR) will address dinotefuran (CAS Number 165252-70-0), a neonicotinoid insecticide. According to ECHA’s November 29, 2013, announcement, dinotefuran will be considered as a candidate for substitution under criteria set out in Article 10 of the BPR that are based on the...

On November 20, 2013, the United States Environmental Protection Agency (EPA) announced its intent to release for comment proposed Draft Guidelines for Product Environmental Performance Standards and Ecolabels for Voluntary Use in Federal Procurement (Draft Guidelines). EPA states the Draft Guidelines — developed by EPA, the General Services Administration (GSA), and other federal agencies following several “listening sessions” with a wide range of stakeholders — are...

On November 13, 2013, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing on the Chemical Safety Improvement Act (S. 1009) (CSIA), which was introduced in May 2013 by the late Senator Frank R. Lautenberg (D-NJ) and Senator David Vitter (R-LA). Earlier this year, the House Subcommittee held hearings to provide an overview of Title I of the Toxic Substances Control Act (TSCA); examine TSCA Sections 5 and 14, which...

On November 7, 2013, a panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision granting in part and denying in part the Natural Resources Defense Council’s (NRDC) petition for review of the U.S. Environmental Protection Agency’s (EPA) conditional registration of HeiQ AGS-20 and AGS-20 U (collectively, AGS-20) pesticide products that EPA has determined contain nanoscale silver (nanosilver). The court vacated EPA’s decision “insofar as it concluded that...

There are 26 days remaining until the December 1 deadline by which employers must have trained their workers on the new label elements and the Safety Data Sheet (SDS) format as required under the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). While there is still time to meet the requirements, companies must act quickly. Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) can assist employers storing, using, or handling...

On October 29, 2013, the Federal Trade Commission (FTC) announced six enforcement actions concerning misleading and unsubstantiated environmental marketing claims. In a case imposing a $450,000 civil penalty, FTC filed a complaint and consent order against a company for violating a 1994 FTC order prohibiting it from making unsupported green claims for its paper plates and bags. In the five other actions, FTC addressed biodegradable plastic claims for the first time. In one case, FTC...

On September 26, 2013, the People’s Republic of China State Administration of Work Safety (SAWS), in conjunction with other Ministries, issued the much anticipated draft Hazardous Chemicals List, commonly referred to as the Catalog of Hazardous Chemicals, for review and comment. Comments on the draft Catalog are due October 31, 2013. Stakeholders with interests in China should review this list now, and assess their business and compliance obligations to avoid business disruption. The...

The U.S. Environmental Protection Agency (EPA) signed on September 30, 2013, a final rule amending a significant new use rule (SNUR) for perfluoroalkyl sulfonate (PFAS) chemical substances. The amendment adds PFAS chemical substances that have completed the Toxic Substances Control Act (TSCA) new chemical review process, but have not yet commenced production or import, and designates (for all listed PFAS chemical substances) “processing” as a significant new use. The final rule also...

The European Union (EU) Biocidal Products Regulation (BPR) has entered into EU law. This legislation changes the way in which biocidal active substances and biocidal products are regulated in the EU. The new EU regulatory system differs from other global regulatory systems for biocidal substances and redefines what are considered biocidal products and treated articles. Companies competing in this space must be aware of and careful to ensure that existing supply chains and biocidal product...

The California Department of Toxic Substances Control (DTSC or Department) Safer Consumer Products Regulations (Regulations) take effect today. Memoranda providing background information on the Regulations are available online. The Regulations and Final Statement of Reasons are available online. The most onerous requirements for “responsible entities” (i.e., manufacturers, importers, assemblers, and retailers) will not be felt until DTSC identifies the first Priority...

On September 18, 2013, the House Energy and Commerce Subcommittee on Environment and the Economy convened a hearing on the “Regulation of Existing Chemicals and the Role of Pre-Emption under Sections 6 and 18 of the Toxic Substances Control Act.” This was the Subcommittee’s third hearing on Toxic Substances Control Act (TSCA) issues, and was intended to focus “on the existing statutory provisions, regulatory implementation, and ‘real world’ implications of...

On August 28, 2013, California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC or Department) Safer Consumer Products Regulations (Regulations). The Regulations will take effect on October 1, 2013. The Regulations are the much anticipated regulatory implementation of California’s Green Chemistry Initiative. DTSC’s implementing regulations have gone through several iterations, including an initial draft released on...

On August 6, 2013, the U.S. Environmental Protection Agency (EPA) signed its belated final rule establishing the 2013 renewable volume obligations (RVO) for the four fuel categories that are part of the federal Renewable Fuel Standard (RFS) Program under the Clean Air Act (CAA): cellulosic biofuel; biomass-based diesel; advanced biofuel; and total renewable fuel. These standards apply to all gasoline and diesel produced or imported in 2013. The final rule will become effective once it...

On July 31, 2013, the Senate Committee on Environment and Public Works held a hearing on “Strengthening Public Health Protections by Addressing Toxic Chemical Threats.” To date, two bills have been introduced in the Senate that would reform the Toxic Substances Control Act (TSCA) — the Safe Chemicals Act of 2013 (S. 696) (SCA) and the Chemical Safety Improvement Act (S. 1009) (CSIA). The late Senator Frank R. Lautenberg (D-NJ) reintroduced the SCA on April...

On July 11, 2013, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing on “Regulation of New Chemicals, Protection of Confidential Business Information, and Innovation.” The Subcommittee held a June 13, 2013, oversight hearing on Title I of the Toxic Substances Control Act (TSCA). The July 11, 2013, hearing was intended to provide the Subcommittee an opportunity to examine the regulatory implementation and “real world” implications of...

On June 14, 2013, the U.S. Environmental Protection Agency (EPA) published a proposed rule to amend the Renewable Fuel Standard. The proposal would allow use of biogas from landfills to meet the obligations imposed on refiners and importers to utilize renewable feedstocks in transportation fuels, and clarify which renewable biofuels can be categorized as cellulosic biofuels. The Renewable Fuel Standard (known as RFS2) was first promulgated in 2010. RFS2 implements requirements for the use of...

On June 19, 2013, the U.S. Environmental Protection Agency (EPA) announced the availability of a fact sheet intended to provide guidance on reporting chemical substances that are or contain different isotopes of the same elements that are already on the Toxic Substances Control Act (TSCA) Inventory. Elemental isotopes have the same number of protons and therefore are the “same” element, but differ in molecular weight and possibly other properties because of a differing number of...

EPA Publishes Final EDSP Policies And Procedures And Final Second List Of Chemicals And Substances For Tier 1 Screening: On June 14, 2013, EPA published a Federal Register notice describing its final policies and procedures for requiring Tier 1 screening under the Endocrine Disruptor Screening Program (EDSP) of chemicals for which EPA may issue EDSP test orders pursuant to Section 1457 of the Safe Drinking Water Act (SDWA) and Section 408(p) of the Federal Food, Drug, and Cosmetic...