Memoranda

On June 6, 2014, the U.S. Environmental Protection Agency (EPA) announced that Liphatech, Inc. (Liphatech), a pesticide manufacturer based in Milwaukee, WI, paid a $738,000 civil penalty for Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violations. The vast majority of the penalty was based on violations of FIFRA Section 12(a)(2)(E), because, EPA alleged, Liphatech failed to identify Rozol, a rodenticide used to control prairie dogs, as a Restricted Use Pesticide (RUP) in its...

In April 2013, an explosion destroyed a fertilizer plant in West, Texas, killing 15. In response to this and other recent catastrophic and fatal incidents at chemical facilities, President Obama on August 1, 2013, issued Executive Order (EO) 13650 -- Improving Chemical Facility Safety and Security. The purpose of the EO is to enhance the safety and security of chemical facilities and reduce risks associated with hazardous chemicals to facility workers and operators, communities, and...

The Democratic Minority has circulated a redline version of the April 22, 2014, discussion draft of the Chemicals in Commerce Act (CICA2). A copy of the redline version of CICA2 is available online. The redline version is an interesting mix of substantial rewrites, deletions, and additions. The redline version, which we will refer to as CICA2-D to distinguish it from CICA2 and the original discussion draft, CICA1, proposes changes that favorably respond to numerous non-governmental...

The U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT) recently noted that it successfully completed the Agency's reorganization process and that the effective date will be sometime after June 9, 2014. The reorganization, which The Acta Group (Acta) had discussed in its "Predictions" memo, available online, represents a significant shuffle in responsibilities and also reduces the number of OPPT Divisions by one with the...

The House Science, Space, and Technology Subcommittee on Research and Technology held a hearing on May 20, 2014, on "Nanotechnology: From Laboratories to Commercial Products." The purpose of the hearing was to examine the current state of nanotechnology research and development (R&D), as well as future opportunities and challenges. In addition, the hearing discussed policy issues surrounding nanotechnology applications and activities, federal funding levels for nanotechnology R&D, and...

The U.S. Environmental Protection Agency (EPA) published in the May 19, 2014, Federal Register an advance notice of proposed rulemaking (ANPR) to seek comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. According to EPA, this mechanism could be regulatory (under Sections 8(a) and/or 8(d) of the Toxic Substances Control Act (TSCA)), voluntary, or a combination...

On April 29, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing to review a revised draft of the Chemicals in Commerce Act (CICA2). Representative John Shimkus (R-IL), Chair of the Subcommittee, released CICA2 on April 22, 2014. According to Shimkus, since he first released the discussion draft in March 2014 (CICA1), he has been working on a bipartisan basis to find common ground to reform the Toxic Substances Control Act (TSCA). More information...

On April 22, 2014, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, announced that the Subcommittee will hold a hearing on April 29, 2014, to review a revised draft of the Chemicals in Commerce Act (CICA2). According to Shimkus, the revised draft "reflects suggestions from members on both sides of the aisle, as well as stakeholders and the administration." CICA would reform the Toxic Substances Control...

The U.S. Environmental Protection Agency (EPA) published a notice on April 4, 2014, announcing that it issued a testing consent order that incorporates an enforceable consent agreement (ECA) for octamethylcyclotetrasiloxane (D4), a chemical intermediate and component of personal care products. 79 Fed. Reg. 18822. There are two big take away messages here. First, that EPA issued a testing order at all under Toxic Substances Control Act (TSCA) Section 4 is big news as none has been issued in a...

On March 7, 2014, the Office of Environmental Health Hazard Assessment (OEHHA) released a pre-regulatory proposal for a potential draft regulation amending Proposition 65 regulations. Significantly -- and likely controversially -- the proposal seeks changes to the warning requirements to require more detailed information, including the names of the chemicals covered by individual warnings, the ways that individuals are exposed to these chemicals, and how individuals can avoid or reduce their...

The California Department of Toxic Substances Control (DTSC) announced on March 13, 2014, the first draft Priority Products (PP) under the Safer Consumer Products Regulations (SCPR). The three draft PPs are: Children's foam-padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate (TDCPP);  Spray polyurethane foam (SPF) systems containing unreacted diisocyanates; and  Paint and varnish strippers and surface cleaners containing methylene chloride. DTSC states that the...

On March 12, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing focused on the discussion draft of the Chemicals in Commerce Act (CICA). On February 27, 2014, Representative John Shimkus (R-IL), Chair of the Subcommittee, released a much anticipated discussion draft that would update the Toxic Substances Control Act (TSCA). The March 12 hearing was intended to provide the Subcommittee an opportunity to review the provisions of CICA. An analysis of the...

On February 27, 2014, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released a much anticipated discussion draft that would update the Toxic Substances Control Act (TSCA). According to Shimkus' press release, the Chemicals in Commerce Act (CICA) "keys off" S. 1009, the Chemical Safety Improvement Act (CSIA), which was introduced on May 22, 2013, by the late Senator Frank R. Lautenberg (D-NJ) and Senator David Vitter...

The European Commission (EC) recently published Commission Implementing Regulation (EU) 88/2014, specifying a procedure for the addition of new active substances to Annex I to the Biocidal Products Regulation (BPR) No. 528/2012. BPR Annex I lists active substances that are considered "low concern." Biocidal products utilizing only these active substances are eligible for the simplified authorization procedure in accordance with BPR Article 25. Active substances placed on BPR Annex I are subject...

The U.S. Environmental Protection Agency (EPA) promulgated on February 5, 2014, a final rule revising and updating the regulations governing the procedures for the satisfaction of data requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Given the importance of data compensation rights, and the fact EPA has not weighed-in on this matter for over three decades, the rule is an important must read for pesticide stakeholders. The final rule addresses procedures for the...

On February 4, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing entitled "Testing of Chemicals and Reporting and Retention of Information under TSCA Sections 4 and 8." This was the fifth hearing on the Toxic Substances Control Act (TSCA) convened by the Subcommittee. The Subcommittee held oversight hearings on June 13, 2013, July 11, 2013, September 18, 2013, and November 13, 2013, that reviewed several core sections of Title I of TSCA and proposed...

In direct response to the tragic and in many respects avoidable events that occurred in West Virginia earlier this month, on January 27, 2014, Senators Joe Manchin (D-WV), Barbara Boxer (D-CA), Chair of the Environment and Public Works Committee, and Jay Rockefeller (D-WV) introduced the Chemical Safety and Drinking Water Protection Act of 2014. The bill would amend the Safe Drinking Water Act (SDWA) by adding Part G -- Protection of Surface Water from Contamination by Chemical Storage...

The U.S. Environmental Protection Agency (EPA) has revised the Notice of Arrival (NOA) form (EPA Form 3540-1), the use of which is required for import of pesticides and pest control devices into the United States. Importers should begin using the new form immediately. The revised form and related instructions are available online. EPA has added optional information blocks, recommendations, and certain clarifications to the instructions. Some of these changes may be beneficial and respond to...

On December 30, 2013, Health Canada's Pest Management Regulatory Agency (PMRA) released a consultation document entitled Proposed Approach to Special Reviews – Consultation Document. The Consultation Document outlines the Pest Control Products Act legislative requirements for special reviews and PMRA's proposed approach to conduct such special reviews. The document is available online. PMRA is accepting comments until January 29, 2014. PMRA states that...

On November 12, 2013, the United States Environmental Protection Agency (EPA) released an Administrative Law Judge (ALJ) decision ordering Respondent Elementis Chromium Inc., f/k/a Elementis Chromium, LP (Elementis or Company), to pay a $2,571,800 civil penalty for violating Section 8(e) and Section 15(3)(B) of the Toxic Substances Control Act (TSCA). The decision is available online. Although the case is highly fact-specific, the decision, if upheld under any potential appeal, may be used...