Tag Archives: Chemicals

Chemical Safety Board announces plans to add board members and investigators

The U.S. Chemical Safety Board (“CSB”), the federal agency created under the Clean Air Act Amendments of 1990 and charged with investigating industrial chemical releases, has announced that it will draw up a new board following a recommendation to do so by the Environmental Protection Agency (“EPA”) Office of the Inspector General (“OIG”). The CSB … Continue Reading

Advanced Clean Trucks Rule — California announces extension of large entity reporting deadline

As we reported last year, the California Air Resources Board (“CARB”) adopted the Advanced Clean Trucks regulation to support its efforts to reduce air pollutants and meet state climate change targets.  The regulation has a one-time reporting requirement for large entities that operate or dispatch vehicles in California with a manufacturer’s gross vehicle weight rating … Continue Reading

European Commission’s “Sustainable Products Initiative” now open for public consultation

Last week the EU Commission announced that the ‘public consultation’ phase of its Sustainable Products Initiative is now open. This begins the next step in the process, following the conclusion of the ‘feedback period’, which closed in November 2020. More detail on what the Commission aims to achieve through this initiative is available in our … Continue Reading

California proposes revisions for marijuana smoke and THC Proposition 65 warnings

The California Office of Environmental Health Hazard Assessment (OEHHA) seeks to amend the regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986 (aka “Proposition 65”) to add specific tailored “safe harbor exposure warning methods and content” for retail products that can expose consumers to cannabis (marijuana) smoke or delta-9-THC via inhalation, ingestion, … Continue Reading

SCOTUS rules the federal government does not need to disclose draft documents under FOIA

Federal agencies aren’t required to hand over draft documents related to the harm an EPA rule would pose to endangered plants and animals, the Supreme Court ruled in U.S. Fish and Wildlife Serv. v. Sierra Club , U.S., No. 19-547. In a 7-2 decision, and the first majority ruling led by Justice Amy Coney Barrett, the … Continue Reading

EPA indicates intention to regulate certain PFAS in drinking water

The EPA is moving towards establishing a drinking water standard for PFOA and PFOS, and has stated that it is considering avenues for regulating additional groups of PFAS under the Safe Drinking Water Act (SDWA) as well.  On February 22, 2021, the EPA announced two actions under SDWA to address PFAS. First, the agency reissued … Continue Reading

Upcoming public hearing announced regarding California modifications to use of “Short-Form” Proposition 65 warnings

As we reported, the California Office of Environmental Health Hazard Assessment (OEHHA) seeks to significantly amend the regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986 (aka “Proposition 65”) to revise the method of transmission and content of State-approved “safe harbor” short-form warnings for consumer products. If passed as proposed, manufacturers, distributors … Continue Reading

The fall of Trump’s Affordable Clean Energy Rule and the strengthened EPA authority to regulate greenhouse gases

On January 19, 2021, in a 2-1 decision, the D.C. Circuit Court vacated the Trump administration’s 2019 Affordable Clean Energy (ACE) Rule and remanded it to the U.S. Environmental Protection Agency (EPA). The decision offers a strong statement about EPA’s breadth of authority to regulate greenhouse gases (GHGs) under the Clean Air Act (CAA) and, … Continue Reading

The EU Commission’s proposed new batteries laws “at a glance”

The European Commission is proposing a radical and wide-ranging overhaul of the roughly 15 years’ old existing batteries and waste batteries laws in the Union. For those who have not yet found the time to read the nearly 127-page draft regulation and annexures put out for public consultation in December 2020, here is a summary … Continue Reading

Chemical regulation in the new administration: PFAS top of list?

Organizations closely scrutinizing PFAS, like the Environmental Working Group, are touting loudly that the Biden administration will address PFAS and speculating on how the Biden Administration might approach the chemicals by setting enforceable drinking water limits, designating the substances as hazardous and finding PFAS substitutes for consumer items. Under President Trump, EPA touted its PFAS … Continue Reading

California Senate Bill May Hamstring a Challenger’s Ability to Slow Down a Project under the California Environmental Quality Act

When a proposed project in California, say a new condominium or a power plant, requires environmental review under the California Environmental Quality Act (CEQA), a project opponent can, effectively, block a project from moving forward even if it has the necessary approvals from the local government agency that has oversight.  This is because the project … Continue Reading

Safety groups urge Congress to consider implications of cannabis bill

Recently, several health and safety groups, including the National Safety Council, the American College of Occupational and Environmental Medicine, and 20 other safety organizations recommended in a letter to the U.S. House of Representatives to hold hearings on the workplace and public safety implications of the proposed Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019 … Continue Reading

California going electric: Sale of new gasoline-powered cars banned in 2035

California will ban the sale of new, gasoline-powered cars by 2035, an aggressive action by Governor Gavin Newsom to combat the causes of climate change. The executive order Newsom signed will require that all new passenger vehicles sold in California beginning in 2035 be “zero-emission.”  That category currently includes battery-powered electric cars and those running … Continue Reading

Lithium added to the list of EU Critical Raw Materials, alongside other key materials for clean technologies

On 3 September 2020 the European Commission released an updated action plan (available here) on critical raw materials (CRMs).  In doing so, it has added bauxite, lithium, titanium and strontium to the existing list of CRMs, which now stands at 30 materials. The Commission also released a foresight report (available here) at the same time, … Continue Reading

As of 1 September 2020, the PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes has been revised

In 1996, the PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes (“Current Solid Waste Law”) was established. In 2015, almost 20 years later, this PRC Law was first revised and has since worked to take proper precautions for the environment. However, on 29 April 2020 the Standing Committee of the … Continue Reading

EPA administrator signs final power plant wastewater rule

On August 31, 2020, the U.S. Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, signed the final rule (referred to as the Steam Electric Reconsideration Rule) initially proposed last year to revise the technology-based effluent limitations guidelines and standards (ELGs) for common types of wastewater discharges from electric power generating facilities. This final rule rolls back … Continue Reading

California sends bill to governor prohibiting PFAS in firefighting foam

The California legislature is sending a bill (SB 1044) to Governor Gavin Newsom that would significantly affect the use of per- and polyfluoroalkyl (“PFAS”) chemicals in firefighting foam. Specifically, the bill prohibits the manufacture, sale and use of class B firefighting foam containing intentionally added PFAS chemicals.  Class B foams are used to suppress fires generated … Continue Reading

In the midst of COVID-19, attorneys general of 18 States urge stronger EPA Action on PFAS

Last Friday, April 17, the attorneys general of New York, Pennsylvania, California, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Virginia, Washington, and Wisconsin filed a comment letter with the U.S. Environmental Protection Agency (EPA) urging the agency to take more comprehensive actions regarding per-fluoroalkyl and poly-fluoroalkyl substances (collectively, … Continue Reading
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