Legal Blog

OEHHA Proposes Clear and Reasonable Warnings for Rental Cars

California’s Office of Environmental Hazard Assessment (OEHHA) proposed new guidance for providing clear and reasonable warnings for rental cars. Sections 25607.36 and 25607.37 would offer specific information regarding the content of safe harbor warnings for rental car exposures and the methods that rental car companies should utilize to issue those warnings. The deadline for public comments is April 22, 2019. OEHHA provides tailored safe harbor warnings for exposures to listed chemicals from vehicles purchased for consumer use under Section 25607.16 and 25607.17. Warnings for vehicle exposure must: (i) be printed in the owner’s manual for the passenger vehicle or off-highway…

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California Air Resources Board Amends Consumer Products Regulation

The Final Regulation Order for the Amendments to the Consumer Products Regulation became effective on January 1, 2019.  The Amendments covered various aspects of the Regulation including test methods for antiperspirants and deodorants, standards for consumer products, reporting requirements, and general testing procedures. Antiperspirants and deodorants. Antiperspirants and deodorants must be tested to determine the volatile organic compound content of the products or to assess compliance with this regulation under Title 17, California Code of Regulations (CCR), §94506.  Testing must be performed using Air Resources Board Method 310, which was last amended on May 25, 2018.  In Method 310, an…

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EPA’s 2019 Civil Penalties for Violations

On February 6, 2019 (with a correction issued on February 25, 2019), the Environmental Protection Agency finalized its rule increasing the maximum civil penalties for violations of certain environmental statutes and agency regulations. The regulations are mandated under the Federal Civil Penalties Inflation Adjustment Act Improvements Acts of 2015 (the “Act”). The Act was passed to enforce civil monetary penalties and promote deterrence and compliance with the law.  Under the Act, agencies are required to: (1) alter the civil penalty amount with a one time “catch-up” adjustment and (2) impose annual inflation-based adjustments. Annual penalty adjustments based on inflation became…

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California Confirms Sleep Products Comply with Safer Consumer Products Regulations

California’s Department of Toxic Substances Control has verified that certain children’s sleep products sold in California satisfy relevant safety standards. The agency found that TDCPP and TCEP were not detected in any significant concentrations in the products that were examined in testing performed by the agency. The sleep products, which “appear to be in compliance” with the Safer Consumer Products (SCP) regulations, were designated as “priority products” under the SCP programme in July 2017. The designation of children’s foam-padded sleeping products containing flame retardants (TDCPP and TCEP) by the SCP resulted in the state requiring manufacturers to either stop using…

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States Considering More Chemical Regulations by Class

In recent years, the trend in chemical legislation has been state-driven with an emphasis on chemical category-based rather than specific chemical-based regulation. These are the findings of a large NGO known as Safer States, which is comprised of dozens of environmental health organizations in the United States and promotes chemical legislation nationwide. Indeed, the flurry of state activity with respect to chemical regulation suggests that states are increasingly seeking a dominant role in the regulatory process. As of the beginning of February, 24 states had more than 100 bills on chemical regulation slated for 2019. Many of these states have…

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