Ann Grimaldi

The California Department of Toxic Substances Control has scheduled two workshops in August at which it will discuss its Priority Product Work Plan and at which the public may provide comments on the Work Plan.  The workshops are scheduled for August 19 at DTSC's Cypress field office and for August 25 at DTSC's headquarters in Sacramento.  DTSC has not yet released the Priority Product Work Plan; it expects to do so shortly before the August 19 workshop. The Priority Product Work Plan will identify the product categories that DTSC will consider in the future for identification as Priority Products under…

On July 8, 2014, the Environmental Protection Agency published new Significant New Use Rules pursuant to its direct final rules procedures under the Toxic Substances Control Act (79 Fed. Reg. 38464). The SNURs identify "significant new uses" of thirteen substances and require persons who intend to manufacture, import or process them for such significant new uses to submit Significant New Use Notices to EPA at least 90 days before commencing such activities. Carbon nanotubes (CNTs) were the subject of two of the SNURs. Although the precise chemical identities of the CNTs remain confidential, one CNT is described as a single-walled CNT…

The California Department of Toxic Substances Control will likely release a draft Priority Product Work Plan in mid-July 2014 for public comment, and will hold workshops in August 2014 on the draft Work Plan.  The Work Plan will describe product categories that DTSC will evaluate over the next three years to identify Priority Products under its new Safer Consumer Products (SCP) Regulations.  Business entities should closely monitor DTSC's development of its Work Plan to understand whether their business operations may be impacted by DTSC's identification of product categories, which ultimately may become subject to burdensome regulation under the SCP program. Under the…

The Zero Discharge of Hazardous Chemicals Group has released its Manufacturing Restricted Substances List (MRSL), identifying over 150 chemicals and chemical groups that are prohibited from being used in apparel and footwear above limits established by the list.  These chemicals include heavy metals, phthalates, volatile organic compounds, certain dyes, flame retardants, glycols, polycyclic aromatic hydrocarbons and halogenated solvents.  The MRSL undoubtedly will pose supply chain challenges, adding to the ever-increasing supply chain pressure to ban the use of certain categories of chemicals in the production of consumer products. In 2011, a group of apparel and footwear brands, including Adidas Group, Burberry,…

Following a U.S. Court of Appeal ruling in National Association of Manufacturers, et al. v. SEC, et al., No. 13-5252 (D.C. Cir. April 14, 2014), the Securities and Exchange Commission issued new guidance on compliance with the Conflicts Mineral Rule.  In the litigation, the National Association of Manufacturers and other business groups challenged the rule on First Amendment and other grounds. On appeal, the court struck down several, but not all, of the Conflict Mineral Rule requirements. Accordingly, at this time companies subject to the Rule do not have to report to the Commission and to state on their website that…