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USEPA Gets The Lead Out

By Grimaldi Law Offices Summer Associate Cecilia Grimaldi On June 21, 2019, USEPA announced it will implement stricter standards for lead dust on floors and window sills in order to minimize exposure to young children. These standards will take effect on January 6, 2020. The new standards, promulgated under the Toxic Substances Control Act, support the Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Impacts (Federal Action Plan). The Federal Action Plan “is a blueprint for reducing lead exposure and associated harms through collaboration among federal agencies with a range of stakeholders, including states, tribes and local…

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Canada Proposes Standards for Formaldehyde Emissions from Composite Wood Products

By Grimaldi Law Offices Summer Associate Cecilia Grimaldi The Canadian government is proposing to establish standards for formaldehyde emissions from composite wood products in order to protect health as well as to align its policies more closely with the United States. The Formaldehyde Emissions from Composite Wood Products Regulations were published in the Canadian Gazette, Part I, and the deadline for public comments is September 12, 2019. Low exposure to formaldehyde is not a threat, but elevated levels can cause health issues such as eye, nose and throat irritation, respiratory problems, and allergic reactions, especially in children. In Canada, there…

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OEHHA Adds PCBTF Solvent to Proposition 65 List

On June 28, 2019, the California Office of Environmental Health Hazard Assessment (OEHHA) updated the Proposition 65 list to add p-chloro-α,α,α-trifluorotoluene (para-chlorobenzotrifluoride, or PCBTF) as a carcinogen. The listing, undertaken via the authoritative bodies listing mechanism, was based on a National Toxicology Program Technical Report published in June 2018. The Proposition 65 warning requirement for this chemical becomes effective on June 28, 2020, and the Proposition 65 discharge prohibition becomes effective on February 28, 2021. PCBTF is a solvent used in paints and coatings. It also is used as an intermediate in the production of other chemicals. Notably, according to…

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Judicial Deference to Agencies under Auer and Chevron – Alive, But Not Kicking

By Grimaldi Law Offices Associate Jennifer Singh The Chevron doctrine, a central principle of modern administrative law named for the 1984 case Chevron USA, Inc. v. Natural Resources Defense Council, stands for the proposition that when a law that a federal agency oversees is not clear, courts will generally accept the agency’s interpretations of that law as long as the interpretation is reasonable. One basis for the doctrine is the idea that agency decision makers - not judges - are in the best position to understand and interpret technical and complex minutia relating to agency decisions. Although the judicial deference…

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OEHHA Modifies Proposal on Averaging Concentrations of Reproductive Toxicants in Foods

On July 5, 2019, the California Office of Environmental Health Hazard Assessment (OEHHA) published a notice modifying a proposed Proposition 65 regulation on how to calculate the intake of a reproductive toxicant in foods, and separately, by the average user of a consumer product. The deadline for comments on the modified proposal, originally set for July 22, 2019, has been extended to August 5, 2019. OEHHA’s original proposed regulation was published for public comment on October 5, 2018. At that time, OEHHA explained that the proposal would specify procedures for determining the “level in question” for a reproductive toxicant in…

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