Below is a Kelley Drye client advisory written by Steven Humphreys and Lauren Shah on March 30, 2019.
On March 26, 2020, the U.S. Environmental Protection Agency (“EPA” or “Agency”) sent a Memorandum to all governmental and private sector partners
Kelley Green Law
Chemical Law and Regulatory News and Insights
Kelley Green Law, published by Kelley Drye & Warren LLP, focuses on legal developments related to chemical regulations, environmental law, and product safety. The blog covers state and federal regulatory actions concerning substances such as per- and polyfluoroalkyl substances (PFAS), food additives, and other chemicals of concern. It reports on legislative changes, regulatory proposals, enforcement actions, and compliance requirements affecting manufacturers, suppliers, and distributors. Topics include bans and restrictions on chemicals in consumer products, reporting obligations under environmental laws, and the availability of safer alternatives. The blog provides updates on regulatory trends in various states, including California, Maine, and Washington, and discusses implications for industry and public health.
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EPA Expands List of Approved Coronavirus Disinfectants
The U.S. Environmental Protection Agency (EPA) continues to expand the number of surface disinfectants approved for use against coronavirus, announcing the addition of 70 new products to the agency’s “List N: Disinfectants for Use Against SARS-CoV-2.” This brings the total…
EPA Announces Remedy to Overly Broad TSCA Fee Requirements, Including Relief for Natural Gas Combustion Operations
The many U.S. companies that combust natural gas as part of their operations received good news today, as EPA announced that it will amend the Toxic Substances Control Act (TSCA) “Fees Rule” to exclude from coverage manufacturers that only produce…
Coronavirus: Does My Disinfectant Work Against the COVID-19 Pathogen?
With the ongoing spread of the coronavirus, and as stories of hording Purell and antimicrobial wipes abound, this practitioner* has been inundated recently by questions — from clients, co-workers, family, and friends — about what products they can use to…
EPA Consent Agreement Sets Schedule for Hazardous Substance Spill Response Rulemaking (**Updated**)
EPA has agreed, in a draft settlement, to conduct a rulemaking regarding the establishment of regulations to address potential “worst case” spills of hazardous substances similar to the existing “Facility Response Plan” (FRP) program for oil. In a consent decree…
California Proposes to Clarify Prop 65 Requirements for Internet and Electronic Sales
On January 31st, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments aimed at clarifying certain provisions of the Proposition 65 warning regulations governing internet, electronic, and catalog sales. The proposal comes in response to ongoing questions about…
Coronavirus Activates EPA Emerging Pathogens Rapid Response
In response to coronavirus cases now appearing in the U.S., yesterday, EPA announced that the agency has activated its Emerging Viral Pathogens Guidance for Antimicrobial Pesticides (a copy of which can be found here).
The voluntary guidance, issued in August…
California Finalizes Clarifications to Retailer/Supply Chain Prop 65 Warning Provisions
On January 14, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a final rule aimed at clarifying the regulations governing retailer and supply chain responsibility for providing warnings under Proposition 65. These provisions (found in Section 25600.2 of Article 6…
** UPDATE ** California Adds Cannabis Smoke and THC to Prop 65 List
California’s Office of Environmental Health Hazard Assessment (OEHHA) has finalized the listing of “cannabis (marijuana) smoke” and delta-9-tetrahydrocannabinol (THC) as reproductive toxins under Proposition 65.
The listings are effective as of January 3, 2020. Under Prop 65, enforcement of the warning…
Ring in the New Year with California’s Cleaning Product Disclosure Requirements
As of January 1, cleaning products sold in California must comply with the website disclosure requirements of the California Cleaning Product Right to Know Act of 2017. By New Year’s Day, manufacturers (broadly defined to include retailers and distributors of…