Ann Grimaldi

On January 13, 2017, the Environmental Protection Agency published a proposed rule to “reset” the TSCA Inventory, as required by the recent Lautenberg amendments to the Toxic Substances Control Act. Comments on the proposed rule must be submitted by March 14, 2017. EPA is proposing the rule under TSCA Section 8(b), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act passed on June 22, 2016, which amended and modernized TSCA. The amended Section 8(b) requires EPA to designate chemicals on the TSCA Inventory as “active” or “inactive” chemicals. The “active” and “inactive” designations will allow…

On January 6, 2017, the California Office of Environmental Health Hazard Assessment notified the public that its Proposition 65 bisphenol (BPA) database is now accessible. This follows the agency’s recent adoption of revisions to the BPA safe harbor warning regulation, effective January 1, 2017, which now require manufacturers to notify OEHHA if their food and/or beverage cans and bottles contain BPA. Background BPA was listed in May 2015 as a female reproductive toxicant under Proposition 65. BPA is used in many applications, including in the liners of cans and bottles of foods and beverages to keep those products fresh and to…

As GLO previously reported, the California Office of Health Hazard Assessment recently adopted new Proposition 65 warning regulations. Those regulations become effective on August 30, 2018. During this two-year period until the new regulations become effective in 2018, companies may comply either with the still-current warning regulations or the new regulations. The new warning regulations establish safe harbor warnings and other requirements which are substantially different than the requirements in the current regulations. What will happen to the warning programs established by Proposition 65 settlements, which likely impose warning requirements more aligned with the current regulations? The answer: It depends.…

On November 15, 2016, the California Department of Toxic Substances Control will be holding a webinar to solicit public input on the identification of potential new Priority Products under the Safer Consumer Products Regulations.  Specifically, DTSC is asking for input on the following: Potential Aquatic Impacts and Continued Uses of Nonylphenol Ethoxylates and Triclosan; Nail Salon Products and Chemicals; and Perfluoroalkyl and Polyfluoroalkyl Substances (PFASs) in Carpets, Rugs, Upholstered Furniture, and their Care and Treatment Products. DTSC will be providing further information on how to participate in the webinar.

The California Attorney General has adopted new regulations and guidelines, codified at Title 11 of the California Code of Regulations (beginning with Section 3000) and affecting Proposition 65 settlements. These regulations and guidelines became effective on October 1, 2016. Settlements executed prior to October 1, 2016 are not subject to the new regulations and guidelines (and remain subject to their prior versions) even if motions to approve such settlements are scheduled to be heard after October 1, 2016. Background The Attorney General not only enforces Proposition 65, but also exercises a supervisory role over private Proposition 65 enforcement including settlements…