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Warning: Only One Year Left Before New Prop 65 Regulations Become Operative On August 30, 2018

As of today’s date, businesses have just one more year to comply with the newly-amended Clear and Reasonable Warnings regulations from California’s Proposition 65 (“Prop 65”), which take effect on August 30, 2018.  Businesses should consider the Clear and Reasonable Warning compliance requirements and guidance outlined below now to be prepared for this deadline and minimize the risk of … Continue Reading

Deadlines Set for Submission of Chemical Substance Notifications to US EPA under the TSCA Inventory Reset Rule

US EPA’s rule to “reset” the Toxic Substances Control Act (TSCA) Inventory of chemical substances was formally published in the Federal Register on August 11, 2017. This means that the clock is now running on the 180-day deadline for chemical manufacturers and importers to submit to US EPA the chemical substance notifications required by the … Continue Reading

US EPA Issues Three Major Rules Affecting Chemicals Industry

On June 22, 2017, US EPA issued three major rules required by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), which amended the Toxic Substances Control Act (TSCA) in 2016.   The three TSCA rules addressed: (1) “resetting” the TSCA Inventory, (2) chemical substances prioritization, and (3) risk evaluations for chemical substances.  … Continue Reading

Product Recalls vs Withdrawal From Sale: The Current UK Position

On 14 June 2017, forty fire engines and more than 200 firefighters were required to tackle an inferno that destroyed 151 homes, and killed scores of people at Grenfell Tower, a 24-storey block of public housing flats in West London.  The source of the Grenfell Tower fire has recently been identified as a fridge freezer.  The Metropolitan Police has stated that … Continue Reading

The Impact of New and Developing Technologies on UK Environmental, Safety and Health Compliance

Technology can offer new business opportunities and efficiencies to businesses. However, it can also present new and on-going challenges to the regulation and control of health, safety and environmental issues (and ultimately the potential liability of any business exploiting new technology). One of the ‘key points’ of the Health and Safety Executive Strategy 2016 was … Continue Reading

UK Green Paper on Industrial Strategy: Environment Safety and Health Implications

The UK Government has published a Green Paper on Industrial Strategy, which identifies a number of challenges over the coming years, including: building on existing strengths and extending excellence into the future (with reference to the UK’s global reputation in industrial sectors – from automotive and aerospace to financial and professional services and the creative … Continue Reading

US EPA Issues Proposed TSCA Risk Evaluation Rule

The US Environmental Protection Agency (US EPA) has issued its proposed rule outlining the process by which it will conduct risk evaluations on chemical substances under the recently amended Toxic Substances Control Act (TSCA), to determine whether the substances present an unreasonable risk of injury to health or the environment under the conditions of use. … Continue Reading

UK Environmental Audit Committee Calls For Brexit Environmental Protection Law

The UK Environmental Audit Committee (a cross-party parliamentary select committee which considers how well government policies and programmes contribute to environmental protection and sustainable development) has published its report on “The Future of the Natural Environment after the EU Referendum”.  The report makes a series of recommendations for actions that the Government should take during … Continue Reading

US EPA Identifies First 10 Chemicals For Risk Evaluations Under Amended TSCA

On November 29, US EPA announced the first 10 chemicals it will evaluate for potential risks to human health and the environment under the recently amended Toxic Substances Control Act (TSCA).  US EPA will evaluate the 10 chemicals to determine whether they “present an unreasonable risk of injury” to health or the environment “under the … Continue Reading

Addressing Environmental, Safety & Health Management Risks in Nanotechnology

In a recent presentation at the Fifth Annual International Conference NANOSAFE 2016 in Minatec-Grenoble, France, Anthony Bochon explored how companies should address Environmental, Health & Safety Management risks in relation to nanomaterials. He discussed existing employment and consumers safety legal instruments that can be used in Belgium and abroad. A leading expert in this emerging … Continue Reading

Preparing for Revised Warning Requirements Under California Proposition 65

On August 30, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) adopted revised warning requirements under the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 and codified at California Health and Safety Code section 25249.5.  The new regulations take effect on August 30, 2018. Proposition 65 requires … Continue Reading

Deadline for TSCA Chemical Data Reporting Extended to October 31, 2016

Last week, US EPA announced in the Federal Register that it has extended the deadline for companies subject to its Chemical Data Reporting (CDR) rule to submit data on the chemical substances they manufacture and import pursuant to the Toxic Substances Control Act (TSCA) from September 30, 2016 to October 31, 2016. For detailed information on the CDR reporting requirements, … Continue Reading

Implication of TSCA Amendments on US Workplace and Consumer Safety Regulation

How US EPA assesses and regulates chemicals under the amended Toxic Substances Control Act has a number of implications for workplace and consumer safety regulation. In particular, chemicals regulated under other environmental statutes may bear on US EPA’s plans in this arena. US EPA has not regulated a chemical under TSCA Section 6, which provides … Continue Reading

UK Chemicals Regulation Post-Brexit

The British exit from the European Union (Brexit) could significantly impact chemical companies operating within the United Kingdom (UK), depending on the regulatory decisions made by the government.  Post-Brexit, REACH, the European Union’s chemicals regulatory scheme will no longer apply to the UK.  Upon exiting REACH, UK companies exporting to Europe could face substantial extra … Continue Reading

US EPA Issues First Safety Determinations for New Chemicals Under Amended TSCA

On July 22, 2016,  US EPA issued its first safety determinations on premanufacture notices (PMNs) for new chemicals under TSCA as amended by the recently enacted Frank R. Lautenberg Chemical Safety for the 21st Century Act.  US EPA announced the decisions exactly one month after President Obama signed the Lautenberg Act into law on June 22, … Continue Reading

US EPA Issues First Year Implementation Plan for New Lautenberg Chemical Safety Act

The US EPA has issued a “First Year Implementation Plan” outlining the steps it will take over the next year (and beyond) toward implementing the requirements of the new Frank R. Lautenberg Chemical Safety for the 21st Century Act, the legislation signed into law by President Obama on June 22 to modernize the Toxic Substances … Continue Reading

President Obama Signs Landmark TSCA Reform Legislation into Law, as US EPA Begins Implementation

On June 22, 2016 President Barack Obama signed into law the “Frank R. Lautenberg Chemical Safety for the 21st Century Act,” the landmark legislation modernizing the decades-old Toxic Substances Control Act (TSCA).   The Lautenberg Act is the first substantive update of TSCA since it was passed 40 years ago in 1976 and signed into law … Continue Reading

Implications Of The Brexit Vote On UK Environmental Law And Policy

Following a referendum which has polarised the nation, the people of the UK have voted to leave the European Union. Stepping away from the political rhetoric and posturing, it is worth reflecting on some of the more practical issues which will arise from this decision, such as how it could affect our environmental law landscape. … Continue Reading

US Congress Passes Landmark TSCA Reform Legislation

On June 7, 2016 the US Congress passed the “Frank R. Lautenberg Chemical Safety for the 21st Century Act,” the landmark bipartisan, compromise legislation to overhaul the Toxic Substances Control Act (TSCA).    The Lautenberg Act is expected to be signed into law by President Obama very soon. As passed by Congress, the Lautenberg Act makes … Continue Reading

EU CLP Regulation Implementation – what has happened since June 2015?

The latest edition of the British Safety Council’s magazine, Safety Management, features an update article by Anita Lloyd on the implementation of the EU Classification, Labelling and Packaging (CLP) regime for chemicals. June 2015 was the deadline for implementation of EU Regulation 1272/2008 on the Classification, Labelling and Packaging of Substances and Mixtures (CLP). Companies in … Continue Reading

US EPA Issues Significant New Use Rule for TCE in Consumer Products

On April 8, 2016, US EPA issued a final significant new use rule (“SNUR”) for trichloroethylene (“TCE”). The TCE SNUR requires anyone manufacturing, importing or processing TCE for use in a consumer product to notify EPA at least 90 days before commencing any such manufacturing, importation or processing. The SNUR expressly exempts the use of … Continue Reading

Brexit – What are the implications for UK environmental law and policy?

The topic of the moment in the UK is whether Brexit will be a good or a bad thing for the UK, and it seems to be polarising the nation. Stepping away from the political rhetoric and posturing, it is worth reflecting on some of the more practical issues arising from a UK exit from … Continue Reading
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