Memoranda

On October 29, 2019, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of the draft Toxic Substances Control Act (TSCA) risk evaluation for methylene chloride (MC). 84 Fed. Reg. 57866. As reported in our October 25, 2019, memorandum, EPA is submitting the same document to the TSCA Science Advisory Committee on Chemicals (SACC) for peer review. SACC will convene an in-person public meeting to consider and review the...

On October 11, 2019, New York Governor Andrew M. Cuomo (D) signed legislation (S.2387-B/A.164-B) requiring menstrual product packages or boxes sold in New York State to contain a “plain and conspicuous printed list of all the ingredients in the products.” According to Cuomo’s October 11, 2019, press release, the new law makes New York the first state to require ingredient labels on menstrual products. The legislation will take effect in 180 days, and product manufacturers will...

On October 4, 2019, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed modifications to amendments it proposed on November 16, 2018, to the Proposition 65 (Prop 65) regulations setting forth the circumstances when a “retail seller” is responsible for providing consumer product exposure warnings. As discussed below, OEHHA first proposed amendments clarifying retail seller responsibilities in response to questions and requests for clarification it...

The U.S. Environmental Protection Agency (EPA) announced on September 19, 2019, that it posted the first public Toxic Substances Control Act (TSCA) Inventory to include unique identifier (UID) information. EPA states that the UID is a numerical identifier assigned to a chemical substance when EPA approves a confidential business information (CBI) claim for specific chemical identity. When EPA approves such a claim, it assigns a UID to that chemical identity; applies the UID to other...

EC Study To Analyze Integration Of REACH In Customs Procedures: The European Commission (EC) will launch a “call for tender” in relation to Action 13 of the Second Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Review, which addresses enhancement of enforcement. In a document entitled “REACH and customs contract” issued following the 30th Meeting of the Competent Authorities for REACH and Classification, Labeling, and Packaging (CLP) (CARACAL), the...

On September 3, 2019, Earthjustice filed with the U.S. Environmental Protection Agency (EPA) a notice of intent (NOI) to sue EPA under Section 20(a)(2) of the Toxic Substances Control Act (TSCA) for “EPA’s repeated and ongoing failures to comply with TSCA’s nondiscretionary mandates to disclose to the public information about new chemical substances reviewed by EPA.” According to Earthjustice, EPA “routinely fails to disclose” certain information regarding the submission...

On September 3, 2019, the Chinese Ministry of Ecology and Environment (MEE) and National Health Commission (NHC) jointly issued a final Technical Framework Guideline for Environmental Risk Assessment of Chemical Substances (Trial). This Trial Guideline provides a basic framework, including evaluation steps, technical requirements, and report preparation, for the environmental risk assessment of a single chemical substance under standard production and uses. The Trial Guideline does not...

The Chinese Ministry of Ecology and Environment (MEE) notified the World Trade Organization (WTO) of its “Environmental Risk Assessment and Control Regulation for Chemical Substances (Notification Draft)” (the draft Regulation) and “Measures on the Environmental Management of New Chemical Substances (Notification Draft)” (the draft Measures) on September 2, 2019. The draft Regulation is a revised version of the Consultative Draft of the Regulation published on January 8, 2019,...

In a significant victory for industry, on August 27, 2019, the State of New York Supreme Court invalidated the New York Department of Environmental Conservation (NYDEC) Household Cleansing Product Information Disclosure Program (Disclosure Program). Information related to NYDEC’s prior delay of its enforcement of its Disclosure Program is available here, and general information regarding the Program and its extensive requirements for manufacturers of certain consumer cleaning...

On July 1, 2020, the Australian Industrial Chemicals Introduction Scheme (AICIS) will replace the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). The Industrial Chemicals Act 2019, which was passed by Parliament in February 2019 and received Royal Assent in March 2019, created AICIS, a new regulatory scheme for the importation and manufacture of industrial chemicals in Australia. Currently, NICNAS assesses the risks of industrial chemicals and provides...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on August 23, 2019, proposing to designate 20 chemical substances as high-priority substances for risk evaluation under the Toxic Substances Control Act (TSCA).  84 Fed. Reg. 44300.  The notice and supporting docket materials identify the proposed designation for each of the chemical substances and instructions on how to access the chemical-specific information, analysis, and basis used by EPA...

In April 2019, the Federal Trade Commission (FTC) sent warning letters to eight companies advertising simulated or laboratory-created diamonds.  In a May 3, 2019, Business Blog item entitled “The many facets of advertising diamonds with clarity,” FTC states that according to the letters, the companies promoted their products without adequately disclosing that they were not mined diamonds.  In the blog item, FTC posed questions to FTC attorney Robert Frisby regarding the...

The U.S. Environmental Protection Agency (EPA) announced on August 16, 2019, that it has opened the public comment periods for manufacturer requests for the risk evaluations of two chemicals used in plastic production, diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP). EPA notes that the manufacturer-requested risk evaluations of DIDP and DINP “are among the first such evaluations of this kind to be requested” under the Toxic Substances Control Act (TSCA). EPA states that it “is...

On August 13, 2019, the U.S. Environmental Protection Agency (EPA) released the list of 20 chemical substances that it proposes to designate as low-priority substances for which risk evaluation under the Toxic Substances Control Act (TSCA) is not warranted at this time. The pre-publication version of EPA’s proposed rule provides a summary of the approach used by EPA to support the proposed designations, the proposed designations for each of the chemical substances, and instructions...

The U.S. Environmental Protection Agency (EPA) released on August 9, 2019, the draft risk evaluation for 1-bromopropane (1-BP), the fourth of the first ten chemicals undergoing risk evaluation under the amended Toxic Substances Control Act (TSCA). The draft risk evaluation states that there could be unreasonable risks to workers, occupational non-users, consumers, and bystanders under certain conditions of use. EPA did not find unreasonable risk to the environment under any of the...

The U.S. Environmental Protection Agency (EPA) announced on August 1, 2019, that it is making additional information about new chemical notices available on its website.  The new web page, “Statistics for the New Chemicals Review Program under TSCA,” allows users to view and search monthly updates for any active Premanufacture Notice (PMN), Significant New Use Notice (SNUN), and Microbial Commercial Activity Notice (MCAN) of interest by case number.  Users can also download a...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on May 15, 2019, announcing the availability of a signed action identifying chemical substances for inactive designation according to the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements rule. 84 Fed. Reg. 21772. The signed action, dated May 6, 2019, initiated a 90-day period after which substances identified as inactive will be designated as inactive. Inactive...

On July 25, 2019, the House Science, Space, and Technology Subcommittee on Research and Technology held a hearing on “Benign by Design:  Innovations in Sustainable Chemistry.”  Subcommittee Chair Haley Stevens (D-MI) opened the hearing, stating that she looked forward to a discussion about the market drivers for sustainability in the chemical industry, the integration of sustainability in chemistry education, and the role of the federal government in supporting research and...

In the March 27, 2019, Federal Register, the U.S. Environmental Protection Agency (EPA) issued its final regulatory rulemaking that prohibits the manufacture (including import), processing, and distribution of methylene chloride for consumer paint and coating removal. 84 Fed. Reg. 11420. See Bergeson & Campbell, P.C.’s memorandum, “EPA Bans Consumer Sales of Methylene Chloride Paint Removers, Seeks Comment on Program for Commercial Uses.” Starting...

The U.S. Environmental Protection Agency (EPA) announced on July 15, 2019, that it will cease sending notices of deficiency to businesses that submit procedurally flawed confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA). This is a significant change from the interpretation EPA announced in January 2017, and a company’s failure to appreciate its consequences could prove damaging. Effective August 15, 2019, EPA will provide written notice to...