Go to Top

May 2015

EPA Proposes TSCA Section 8(a) Reporting Rule for Nanoscale Materials

On April 6, 2015, the Environmental Protection Agency published a proposed rule under Section 8(a) of the Toxic Substances Control Act, which would impose certain reporting and recordkeeping requirements on manufacturers and processors of specified nanoscale substances. The deadline for comments on this proposed rule is July 6, 2015. TSCA Section 8(a) authorizes EPA to promulgate rules imposing reporting and recordkeeping requirements, as EPA may “reasonably require,” on manufacturers and processors of chemical substances.  The agency uses the information to set priorities for Section 4 testing and other regulatory actions.  Typically, EPA promulgates Section 8(a) for specific chemicals, although EPA previously has promulgated “model” rules applicable to multiple chemicals, e.g., the Preliminary Assessment Information Rule promulgated in 1982. Under EPA’s current proposal, persons who manufacture and process “discrete” forms of reportable nanoscale substances any time in the three years prior to the rule’s effective date of the rule would report to EPA within …Read More

DTSC Releases Final Priority Product Work Plan

On April 16, 2015, the Department of Toxic Substances Control released its final Priority Product Work Plan as required by the Safer Consumer Products (SCP) Regulations. This follows DTSC’s September 14, 2014 release of its draft Work Plan, a subsequent public comment period and two public meetings. The final Work Plan, though very similar to the September 2014 draft, contains some notable changes. The California Safer Consumer Products (SCP) Regulations implement AB 1879, California’s green chemistry law.  AB 1879 was passed in 2008, the same year that DTSC released its Green Chemistry Initiative report outlining the goals and strategies for a greener economy. Effective October 2013, this program is designed to encourage a market shift towards a greener economy by identifying “Candidate Chemicals” and “Priority Products” containing Candidate Chemicals (at which point they are designated “chemicals of concern”).  The program requires alternative assessments, based on lifecycle analyses, to be conducted …Read More

BPA Listed As Proposition 65 Female Reproductive Toxicant

On May 7, 2015, the Developmental and Reproductive Toxicant Identification Committee unanimously voted to list bisphenol A as a female reproductive toxicant under Proposition 65. To date, this Committee is the only regulatory agency in the world to identify BPA as a female reproductive toxicant, even as the U.S. Food and Drug Administration and the European Food Safety Authority have concluded that BPA is safe when used in food contact materials and other consumer products.  OEHHA published the updated Proposition 65 chemical list on May 11, 2015; the warning requirement for BPA will be effective on May 11, 2016. The DART Identification Committee is one of two committees comprising the Science Advisory Board, which advise the California Governor and OEHHA on specified matters including the listing of chemicals under Proposition 65’s State’s Qualified Experts mechanism. In order to find that a chemical should be listed, the DART Identification Committee must …Read More