Legal Blog

EPA Releases Proposal for Reviewing Certain Confidential Business Information under TSCA

The EPA released a proposed rule for procedures for verifying certain claims of confidentiality for chemical identity and the processes for EPA review of those claims. The goal of the proposed rule is to ensure that when a company asserts the identity of a chemical as confidential business information (CBI), it conforms to the criteria for CBI under the Toxic Substances Control Act (TSCA). The proposed rule pertains to CBI claims for particular chemicals determined as “active” pursuant to the TSCA Inventory Notification Rule. The TSCA Inventory Notification Rule mandated that companies notify the EPA about the chemicals on the…

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TSCA Imposes Labeling Requirements for Composite Wood Products

Composite wood products are now subject to specific labeling requirements under federal law. The Formaldehyde Emission Standards for Composite Wood Products Act of 2010 (Act), which added Title VI to the Toxic Substances Control Act (TSCA), established standards for formaldehyde emissions from composite wood products, and essentially adopted the same standards as those imposed by the California Air Resources Board (CARB). The Act also authorized the EPA to issue a final rule enforcing certain measures related to composite wood products. In December 2016, the EPA published a final rule designed to lower exposure to formaldehyde from certain wood products made…

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Will Possible Listing of THC and Cannabis Stigmatize California’s New Cannabis Industry?

California’s cannabis industry has seen tremendous growth in the past few years, but its continued prosperity will hinge in some part on the possible listing of THC and cannabis on the Proposition 65 chemical list. Cannabis products may become subject to these regulations, and those in the cannabis industry should understand the legal and regulatory issues for compliance. In 2009, California added “marijuana smoke” as a listed chemical known to the State to cause cancer.  The report of the Office of Environmental Health Hazard Assessment (OEHHA) determined that there is some evidence from studies in humans that marijuana smoke is…

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EPA Alerts Public That Data About Toxic Chemicals May Be Erroneous

The EPA’s Office of Inspector General (IG), an independent organization that monitors the EPA, issued an emergency alert to notify the public that the EPA’s data on toxic chemical releases may be erroneous. The release of such an alert is highly unusual for the IG. The IG remarked that the inaccuracies warranted immediate reporting given their serious nature. The errors pertained to significant differences between the total number of toxic chemicals released into the environment that were publicly reported between 2013 and 2017 and the information independently submitted by the EPA to IG auditors. The IG sent the emergency notice…

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EPA Prepares to Finalize SNURs Despite Objections From NGO

In April 2019, the EPA proposed significant new use rules (SNURs) for 13 chemicals subject to premanufacture notice (PMN) review without consent orders. The SNURs require the submission of a significant new use notice for EPA review for the use of the chemical under certain conditions. The EPA will then issue a finding for significant new use under the Toxic Substances Control Act (TSCA). While the EPA is forging ahead to finalize SNURSs, there has been significant pushback from certain groups concerning the EPA’s approach. NGOs have raised questions about the lawfulness of the EPA’s rules proposed last October. Historically,…

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