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The California Assembly passed a bill (AB 1123) earlier this month that would require litigants in private Proposition 65 enforcement actions to notify the state Attorney General (AG) of any appeals in such cases.  Current law only requires plaintiffs in a Prop 65 action to provide notice to the AG 60 days in advance of filing a complaint and upon settlement.  In theory, the 60-day notice gives the AG an opportunity to decide if the…
California’s Office of Environmental Health Hazard Assessment (OEHHA) has issued an important clarification of the scope of last year’s listing of “soluble” nickel compounds as reproductive toxins under Proposition 65.  As previously reported, last October, OEHHA added “Nickel (soluble compounds)” to the Prop 65 reproductive toxin list, a move that begged the question of where to do draw the line between “soluble” and “insoluble” nickel compounds.  California has now answered that question: For purposes of…
In 2017, at the direction of a provision in the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act, which fundamentally reformed the Toxic Substances Control Act (TSCA), EPA convened a group of stakeholders representing environmental groups, states, tribes, industry, and agency officials to negotiate a rulemaking to limit the burden of reporting requirements under the Chemical Data Reporting (CDR) rule for manufacturers of inorganic byproducts that are sent for recycling.  The effort was…
The U.S. EPA announced today proposed amendments to the Chemical Data Reporting (CDR) rule with an aim “to better support Agency data collection efforts, align reporting with the Frank R. Lautenberg Chemical Safety for the 21st Century Act by requiring that confidentiality claims be substantiated, and make chemical reporting easier by streamlining complex submissions.” “This is a continuing effort in every aspect of our program to ensure that the public has information on chemicals in…
Earlier today, US EPA released the inaugural draft list of 20 “high priority” and 20 “low priority” chemicals for risk evaluation purposes as required by the 2016 amendments to the Toxic Substances Control Act (TSCA).   EPA must finalize the listings by December 2019, at which point “high priority” chemicals will be required to go through the new TSCA risk evaluation process (the “low priority” designation indicates that risk evaluation is not warranted at this time).…
The anticipated issuance of a final Proposition 65 exemption for chemicals, such as acrylamide, “created by and inherent in the processes of roasting coffee beans or brewing coffee,” has been delayed to allow for an additional comment period to address a modest clarification to the pending regulation.  Earlier today, the California Office of Environmental Health Hazard Assessment (OEHHA), which oversees the Prop 65 program, announced a new (and brief) comment period until April 2 on…
Consistent with consumer trends and the ever-increasing role of internet sales, U.S. EPA is targeting on-line pesticide sales as an enforcement priority.  In a preview of the anticipated April 1 release of preliminary agency enforcement priorities,  Acting Deputy Director of EPA’s Office of Enforcement and Compliance Assurance (OECA), Greg Sullivan, told attendees at the annual Association of American Pesticide Control Officials (AAPCO) conference that state and local officials supported an increased emphasis on ensuring that such sales…
EPA has released the updated TSCA Chemical Substance Inventory, with, for the first time, “active” and “inactive” designations as required by the 2016 Amendments to the Toxic Substances Control Act (TSCA).  Of the 86,228 chemicals on the Inventory, less than half (40,655 or 47%) are designated as “active.”  The updated Inventory can be accessed here. The designations are based on reporting by chemical manufacturers, importers, and processors, which concluded on October 5, 2018, under the…
Newly proposed legislation in New York, announced by Gov. Andrew Cuomo during the release of his Executive Budget late last month, would look an awful lot like California’s “Proposition 65” program … but, presumably, with crucial differences.  As described by the Governor’s office, under the “Consumer Right to Know Act”: [A]gencies will assess the feasibility of on-package labeling and develop regulations establishing a labeling requirement for designated products, developing a list of more than 1,000…
During confirmation hearings before Congress last week, Acting EPA Administrator Andrew Wheeler indicated that a long-awaited EPA rule to restrict consumer and commercial uses of methylene chloride as a paint and coating remover has been delayed by the government shutdown, after being submitted to the Office of Management and Budget on December 21st.  Meanwhile, on January 14th, environmental groups and the parents of two men killed after exposure to the solvent, filed suit in the …