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Use Foam? You may be subject to a new proposed EPA rule

By Warren Lehrenbaum, Monica Welt & Chalana Williams on January 22, 2015
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EPA has proposed a new rule to restrict the use of seven toluene diisocyanates (TDIs) in consumer products.  TDIs are commonly used in the production of polyurethanes found in foams, coatings, elastomers, adhesives and sealants used in consumer products.  Flexible foams (for cushioning) and rigid foams (for insulation) are the chief uses for TDI.Published on January 15, 2015, the proposed Significant New Use Rule (SNUR) would apply to all consumer products containing any of the seven TDIs.  In most instances, consumer products will be covered by the rule if they contain these chemicals at any level of concentration.  All manufacturers, importers, and product processers utilizing these chemicals would be required to notify EPA at least 90 days before such activity commences or resumes.  This would give EPA an opportunity to examine the intended use of products, evaluate the risks and potential hazards, and potential ban or restrict the products’ manufacture, processing or import.

For more information about this proposed rule, including information and deadlines for submitting public comments, see our full report here.

Photo of Warren Lehrenbaum Warren Lehrenbaum

Warren Lehrenbaum represents individual companies and trade associations before the U.S. Environmental Protection Agency (EPA), the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA), where he advocates on behalf of individual products as well as broad policy issues.

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Warren Lehrenbaum represents individual companies and trade associations before the U.S. Environmental Protection Agency (EPA), the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA), where he advocates on behalf of individual products as well as broad policy issues.

Warren serves as a member on the firm’s Environment and Natural Resources Group Steering Committee. His practice focuses on chemical regulation and biotechnology issues arising under the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Food Quality Protection Act (FQPA), the Federal Food, Drugs and Cosmetics Act (FFDCA), the Emergency Planning and Community Right-to-Know Act (EPCRA), and related State and Federal laws. He assists large and small companies in the chemical and biotechnology fields obtain regulatory approvals for their products, and he helps clients address ongoing compliance and product stewardship issues. Warren’s counseling in these areas typically involves issues such as: assisting manufacturers of chemical or biotechnology products understand their registration, premarket notification, testing and reporting obligations, and assisting manufacturers of crop protection products in protecting their data compensation rights. He also assists companies in their day-to-day compliance with pollution control obligations under the Clean Water Act, the Resource Conservation and Recovery Act (RCRA) and other statutes.

A substantial portion of Warren’s practice is devoted to helping clients develop and implement corporate compliance programs, including environmental auditing programs and comprehensive environmental management systems. He also assists clients in identifying instances of potential non-compliance and defending against administrative investigations and enforcement actions. Warren has negotiated successful settlements in numerous enforcement cases, often involving complex supplemental enforcement projects (SEPs) and challenging economic benefit and BEN model issues.

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Photo of Chalana Williams Chalana Williams

Chalana Williams is an associate in the firm’s Antitrust and Advertising & Product Risk Management groups. Chalana provides litigation and counseling services with a focus on consumer protection matters, as well as the substantiation and defense of advertising claims. She counsels clients on…

Chalana Williams is an associate in the firm’s Antitrust and Advertising & Product Risk Management groups. Chalana provides litigation and counseling services with a focus on consumer protection matters, as well as the substantiation and defense of advertising claims. She counsels clients on compliance with statutes and regulations enforced by the Consumer Product Safety Commission and the Federal Trade Commission. Chalana also has experience assisting both challengers and advertisers in disputes before the National Advertising Division (NAD). Her antitrust practice includes representing clients in inquiries by the Department of Justice and Federal Communications Commission, as well as representing clients seeking to recover damages in private antitrust litigation.

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  • Posted in:
    Environmental and Climate
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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