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October 2014

EPA Proposes Standards for Discharges of Dental Amalgam

On October 22, 2014, EPA published a proposed rule establishing pretreatment standards under the Clean Water Act for discharges of pollutants — mercury in dental amalgam — into publicly owned treatment works (POTWs). Under the proposed rule, dentists would use amalgam separators and best management practices to control and reduce discharges.  To minimize the burden on dental practices, the proposed rule would allow dentists to demonstrate compliance by proper use of the separators rather than by discharge monitoring.  Recognizing the challenges of regulating an industry with over 100,000 facilities nationwide, EPA also is proposing to streamline permitting and oversight requirements. EPA anticipates that compliance would reduce the discharge of approximately 4.4 tons of mercury per year into POTWs. In addition to soliciting comments on the proposed rule and its rationale, EPA is asking for data on a number of issues including, e.g., data on the number of dental practices that do …Read More

Will California S.B. 1019 Cause Confusion For Proposition 65 Compliance? – Yes.

On September 30, 2014, Governor Brown signed S.B. 1019 into law.  S.B. 1019 requires manufacturers of flexible polyurethane foam or upholstered (or reupholstered) furniture to label their products as containing — or not containing, as the case may be — added flame retardants. The law’s stated purpose is to “provide California consumers clear information about the furniture products they are purchasing, specifically concerning compliance with fire safety standards and the presence of added flame retardant chemicals.” Aside from the fact that the information to be provided is not all that clear, compliance with S.B. 1019 will pose significant Proposition 65 challenges to entities which manufacture, distribute or sell such furniture products.  The key message is this:  no matter what the S.B. 1019 label says, the furniture manufacturer — and the entities downstream in its supply chain — always should independently consider how Proposition 65 applies to the product and whether to provide …Read More

Maine Sets Deadline for Reporting Under Toxics in Children’s Products Law

November 28, 2014 is the deadline set by Maine’s Department of Environmental Protection (DEP) for the submission of reports under the Toxic Chemicals in Children’s Products Law. Affected entities are manufacturers and distributors of specified children’s products if those products are sold in Maine and contain intentionally-added cadmium, arsenic or mercury above the practical quantitation limits for those chemicals. Reports must include information such as product descriptions, sales information, the amount of the chemical in the product and the function of the chemical in the product. More information may be found on the DEP website. Products covered by the reporting requirement are: Bedding –  materials used to provide a designated space for a child to sleep, including but not limited to bed linen such as a sheet or pillow, vital bed components such as a mattress and mattress cover, and bed framing Childcare Articles – consumer products designed or intended by the …Read More

DTSC Extends Comment Period for Draft Priority Product Work Plan – And Other Safer Consumer Products Regulations Updates

The California Department of Toxic Substances Control has extended the comment period for its draft Priority Product Work Plan to October 21, 2014.  As GLO previously reported, DTSC released the draft Work Plan under the Safer Consumer Products Regulations on September 12, 2014.  The agency encourages comments to be submitted electronically. DTSC also has released an updated informational list of Candidate Chemicals, and has established an updated electronic database to search for chemicals identified on the list.  As GLO previously reported, the Safer Consumer Products Regulations do not themselves establish a definitive list of Candidate Chemicals.  Rather, chemicals are identified indirectly through a “list of lists” from other programs and jurisdictions.  As those underlying lists expand (or contract), the Candidate Chemicals under the Safer Consumer Products Regulations also expand or contract.  DTSC is required to release and periodically update an “informational” Candidate Chemical list to assist interested persons in identifying …Read More

EPA Adds Nonylphenol Category to EPCRA List of Chemicals

On September 30, 2014, the U.S. Environmental Protection Agency published a final rule adding a nonylphenol category to the list of chemicals subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986. This means that certain facilities that manufacture, process or otherwise use nonylphenols must report their releases and other waste management quantities of these chemicals above specified thresholds. Although EPA originally proposed to add this category by identifying chemical structure rather than individual affected Chemical Abstracts Service Registry Numbers (CASRNs), in the final rule EPA abandoned the structure identification approach and adopted the nonylphenol category by identifying the specific CASRNs affected.  The nonylphenols within scope of the listing are: 4-Nonylphenol (CASRN 104-40-5) Isononylphenol (CASRN 11066-49-2) Nonylphenol (CASRN 25154-52-3) 4-Isononylphenol (CASRN 26543-97-5) 4-Nonylphenol, branched (CASRN 84852-15-3) Nonylphenol, branched (CASRN 90481-04-2) Nonylphenols are used in the manufacture of industrial products like lubricants, as well as …Read More