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Showing 69 posts in Chemicals.

EPA Proposes to Rescind RMP Provisions Amended Under Obama Administration, Seeks Comments

On May 30, 2018, the U.S. Environmental Protection Agency (EPA) published a proposed rule (Proposed Rule) that would rescind the majority of the amendments to the RMP rule that were finalized in January 2017 in the final days of the Obama Administration (RMP Amendments Rule).  Comments on the Proposed Rule are due on or before July 30, 2018. Read More ›

Ninth Circuit Orders EPA to Update Standards for Lead-Based Paint and Dust Hazards

The Environmental Protection Agency (EPA) must propose an update of its lead-based paint and dust hazard standards by March 27, 2018, according to a court order.  The current standards were promulgated in 2001, and have never been updated since then.  Title IV to the Toxic Substances Control Act (TSCA) requires EPA to keep these standards updated, since they play critical roles in a number of the lead-based paint programs, including lead hazard disclosure in real estate transactions and lead hazard abatement activities. Read More ›

Get Ready for Compliance: Recent Updates on EPA’s Formaldehyde Emission Standards for Composite Wood Products

The composite wood product industry may face an earlier compliance deadline under EPA’s Formaldehyde Emission Standards for Composite Wood Products (Standards) than the deadline currently set by EPA.[1]  On February 16, 2018, a federal district court vacated a September 2017 EPA rulemaking that extended the compliance deadline for most obligations under the Standards to December 12, 2018.[2]    The compliance date in dispute applies to emission limit compliance, recordkeeping, labeling, and sell-through.  Under the court’s order, the parties in the lawsuit must propose a new compliance timeframe by March 9, 2018, or else the court will set one itself. Read More ›

What’s New with China’s Chemical Import and Export Regulatory Programs

In 2017, China updated its new chemical registration program and toxic chemical import and export control program and introduced a new chemical program – chemical substances subject to prioritized control.[1]  This alert provides an overview of China’s environmental and safety regulations on chemical products in light of these updates.  Read More ›

TCFD Report Will Shape Future Expectations for Climate-Related Financial Disclosures

On June 29, 2017, the Task Force on Climate-Related Financial Disclosures (TCFD or Task Force) released its Final Report providing recommendations on voluntary climate-related financial disclosures.  The recommendations, developed by an industry-led task force of both users and preparers of disclosures, are intended to support the production of more consistent and clear financial disclosure of climate-related risks across sectors for use by investors, lenders, and insurers.  Most G20 countries have existing legal frameworks that require the disclosure of material risks in financial reports.  Beyond legal mandates, investors are increasingly focused on environmental, social, and governance (ESG) factors in evaluating potential investments and future business risk.  While the Task Force’s recommendations are voluntary and independent of the environmental sustainability disclosure standards currently under review in the U.S. by the Securities and Exchange Commission (SEC) (see Beveridge & Diamond alert on the SEC concept release), the recommendations will impact the approach many publicly traded companies take to data collection and climate risk reporting over the long-term. Read More ›

EPA Delays Effective Date of RMP Rule Amendments, Environmental Groups File Challenge

On June 14, 2017, EPA published a final rule in the Federal Register delaying the effective date of its Risk Management Program (RMP) rule amendment package for twenty months, until February 19, 2019.[1] EPA’s decision was immediately challenged by a coalition of environmental groups. Read More ›

Minamata Convention to Take Effect in August, Restricting the Production and Usage of Mercury Worldwide

On May 17, the European Union and seven EU member states ratified the Minamata Convention on Mercury, pushing past the 50-state threshold needed for its entry into force. The treaty – the most recent of the global multilateral environmental agreements – will now enter into force (i.e., become legally binding) on August 16, 2017. The United States ratified the Convention (as an executive agreement, without the advice and consent of the Senate) in 2013; in contrast to most of the recent multilateral environmental agreements, therefore, the United States will participate in this agreement as a full party.  Read More ›

MassDEP Issues Draft Fact Sheet Guidance on PFAS, a Class of Emerging Contaminants

On January 26, 2017, MassDEP announced that it had developed and is seeking comment on a Fact Sheet entitled “Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the Massachusetts Contingency Plan.” The Fact Sheet is a primer on the class of contaminants known as PFAS including manufacture, toxicity, the types of sites where it may be found, sampling considerations, and analytical concerns.  The key takeaway from the Fact Sheet is that MassDEP is identifying PFAS as hazardous materials and expects investigation for PFAS at sites where it makes sense to do so and remediation of PFAS where it is found to pose a significant risk to human health or the environment.  MassDEP has requested comments by March 3, 2017. Read More ›

States Consider 51 Bills to Restrict Chemicals in 2017

So far in the 2017 legislative cycle, 16 state legislatures are considering 51 bills seeking to restrict or otherwise regulate chemicals, just 8 months after sweeping changes to the federal Toxic Substances Control Act (TSCA) were signed into law on June 22, 2016. Many of these new state bills follow recurring themes from 2016, while others signal new trends.  The attached  chart provides details regarding active state bills in the 2017 legislative cycle. Read More ›

Fourth Circuit: CWA Permit Shield Requires Compliance with Incorporated Quality Standards

A recent Fourth Circuit decision will have wastewater dischargers taking a closer look at their NPDES permits and state water quality standards. The court of appeals held, in Ohio Valley Environmental Coalition v. Fola Coal Co., No. 16-1024, that permit language incorporating state water quality standards required compliance with all such standards, including narrative standards not reflected in the permit’s effluent limits.  As a consequence, a source can only be assured that it is shielded from liability under the CWA if its discharges comply with both (a) effluent limits in the NPDES permit and (b) any water quality standards—even narrative standards—that the permit incorporates.  The decision raises questions about potential exposure and how to approach permit writers in the future. Read More ›