Memoranda

The European Chemicals Agency (ECHA) has begun a public consultation on a derogation to the exclusion criteria for creosote for product type 8 (PT 8; wood preservatives). Under the European Union (EU) Biocidal Products Regulation (BPR), active substances that meet the exclusion criteria can be approved or renewed only if they meet one or more of the following derogation criteria: exposure is negligible; the active substance is essential to prevent a serious danger to human or animal...

The United Kingdom (UK) Health and Safety Executive (HSE) published a REACH eBulletin on February 26, 2021, announcing upcoming deadlines for businesses for UK REACH. As reported in our February 9, 2021, memorandum, “Following Brexit, UK Establishes New Chemical Regulatory Regimes,” the UK brought the European Union (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation into law on January 1, 2021, as UK REACH. According to HSE, measures have...

On January 26, 2021, several public health advocacy organizations and scientists (Petitioners) filed a notice of intent (NOI) to sue the U.S. Environmental Protection Agency (EPA) to compel it “to perform its non-discretionary duty to address the use and disposal of ‘legacy’ asbestos” in its risk evaluation for asbestos under Section 6(b) of the Toxic Substances Control Act (TSCA). As reported in our January 4, 2021, memorandum, “EPA Publishes Final Risk Evaluation for...

On February 16, 2021, the Occupational Safety and Health Administration (OSHA) published a notice of proposed rulemaking (NPRM) to amend the Hazard Communication Standard (HCS). The HCS is the federal-level regulation that sets forth the classification, labeling, Safety Data Sheet (SDS), and training requirements for hazardous chemicals intended to be used, handled, or stored in workplaces. The current HCS is based on the third revised edition (Rev 3) of the United Nations (UN)...

The United Kingdom (UK) completed its withdrawal from the European Union (EU) on December 31, 2020, and, as of January 1, 2021, is a “third country” from the EU perspective.  Companies worldwide must be aware of the significant implications for compliance under the following newly established independent chemical regulatory regimes:  the Great Britain (England, Scotland, and Wales) (GB) Biocidal Products Regulation (GB BPR); the GB Classification, Labeling, and Packaging Regulation...

The U.S. Environmental Protection Agency (EPA) announced on January 15, 2021, that it has issued test orders under Section 4 of the Toxic Substances Control Act (TSCA) to obtain additional data on nine of the next 20 chemicals undergoing risk evaluation. EPA states that after reviewing the available data on these chemicals, it needs additional data and is using its TSCA test order authority to require companies to develop and submit information on environmental hazard and inhalation...

The U.S. Environmental Protection Agency (EPA) announced on January 14, 2021, the release of the final risk evaluation for C.I. Pigment Violet 29 (PV29) under the Toxic Substances Control Act (TSCA), meeting a “major chemical safety milestone.” In the risk evaluation, EPA reviewed 14 conditions of use for PV29, including as an intermediate for other perylene pigments, as well as a component of paints, coatings, industrial carpeting, and plastic and rubber products used...

On January 8, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed significant revisions to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for “short-form” warnings. When OEHHA’s revisions to the warning requirements were issued in 2016 (and in full effect as of August 30, 2018), OEHHA included a short-form warning option as an acceptable alternative to the revised requirements for consumer product exposure...

The U.S. Environmental Protection Agency (EPA) announced on January 12, 2021, that it signed a memorandum of understanding (MOU) with the Occupational Safety and Health Administration (OSHA) “that advances collaboration and communication on EPA’s review of new chemicals under the Toxic Substances Control Act (TSCA).” The goal of the MOU is to improve the combined efforts of the agencies to protect workers who may be exposed to a new chemical substance by providing guidelines for...

On December 28, 2020, the House overrode President Trump’s veto and passed the National Defense Authorization Act for Fiscal Year 2021 (H.R. 6395) by a vote of 322 to 87, and the Senate passed the bill on January 1, 2021, by a vote of 81 to 13. Subtitle E of Title II of the Act (Subtitle E) includes the text of the bipartisan Sustainable Chemistry Research and Development Act of 2019. Subtitle E will establish an interagency...