Legal Blog

On November 13, 2014, the California Department of Toxic Substances Control announced that it received a $105,000 grant from the U.S. Environmental Protection Agency to develop guidance for the alternatives assessments required under the California Safer Consumer Products Regulations.  According to DTSC, the guidance will be "the most comprehensive in the nation."  DTSC, with an industry partner, also plans conduct a pilot alternatives assessment to "test drive" the guidance once it is developed. Alternatives assessments are required for products designated by DTSC as Priority Products under the Safer Consumer Products Regulations. Earlier this year, DTSC released a draft Priority Products…

Beginning December 20, 2014, the Proposition 65 warning requirement for diisononyl phthalate (DINP) becomes effective.  DINP is used as a plasticizer in a number of products, and also is used in sealants, paints and lubricants. Businesses must be mindful of the upcoming warning requirement date and ensure that they have done what they can to avoid a Proposition 65 lawsuit. The California Office of Environmental Health Hazard Assessment listed DINP as a carcinogen in 2013, under the state's qualified experts mechanism, amid objections from a number of stakeholders. The American Chemistry Council filed a lawsuit against OEHHA in June 2014 seeking to…

On October 22, 2014, EPA published a proposed rule establishing pretreatment standards under the Clean Water Act for discharges of pollutants -- mercury in dental amalgam -- into publicly owned treatment works (POTWs). Under the proposed rule, dentists would use amalgam separators and best management practices to control and reduce discharges.  To minimize the burden on dental practices, the proposed rule would allow dentists to demonstrate compliance by proper use of the separators rather than by discharge monitoring.  Recognizing the challenges of regulating an industry with over 100,000 facilities nationwide, EPA also is proposing to streamline permitting and oversight requirements. EPA…

On September 30, 2014, Governor Brown signed S.B. 1019 into law.  S.B. 1019 requires manufacturers of flexible polyurethane foam or upholstered (or reupholstered) furniture to label their products as containing -- or not containing, as the case may be -- added flame retardants. The law's stated purpose is to "provide California consumers clear information about the furniture products they are purchasing, specifically concerning compliance with fire safety standards and the presence of added flame retardant chemicals." Aside from the fact that the information to be provided is not all that clear, compliance with S.B. 1019 will pose significant Proposition 65 challenges to…

November 28, 2014 is the deadline set by Maine’s Department of Environmental Protection (DEP) for the submission of reports under the Toxic Chemicals in Children’s Products Law. Affected entities are manufacturers and distributors of specified children’s products if those products are sold in Maine and contain intentionally-added cadmium, arsenic or mercury above the practical quantitation limits for those chemicals. Reports must include information such as product descriptions, sales information, the amount of the chemical in the product and the function of the chemical in the product. More information may be found on the DEP website. Products covered by the reporting…