Emerging Contaminants
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U.S. EPA Finalizes Fifth UCMR—PFAS Remain in the Regulatory Bullseye

On December 20, 2021, U.S. EPA finalized its Fifth Unregulated Contaminant Monitoring Rule (UCMR) that will require public water systems (PWS) to collect monitoring data for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. Continue reading
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New PFAS Additions to the Proposition 65 List

Over the past week, several new per- and polyfluoroalkyl substances (PFAS) have been added to California’s Proposition 65 list. In March 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) selected perfluorooctane sulfonate (PFOS) and its salt and transformation and degradation precursors for evaluation by California’s Carcinogenic Identification Committee (CIC). OEHHA also selected perfluoronanoic acid (PFNA) and… Continue reading
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U.S. EPA Releases its PFAS Strategic Roadmap

On Monday, October 18, 2021, U.S. EPA released its PFAS Strategic Roadmap (Roadmap) outlining the agency’s three-year strategy for addressing per- and polyfluoroalkyl substances (PFAS). The Roadmap notes that U.S. EPA cannot solve the problem of “forever chemicals” by tackling only one route of exposure or one use at a time. Continue reading
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California Law Adds New Restrictions on Recyclability Claims

On October 5, 2021, California Governor Newsom signed SB 343, addressing recyclability claims on products and in advertising. Continue reading
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Analysis of Recent and Forthcoming State Legislation on Toxic Chemicals in Cosmetics and Personal Care Products and Preemptive Effects of Existing Federal Legislation
According to a report released in February 2021 by the organization Safer States, at least 27 US states will consider proposed legislation to regulate toxic chemicals in 2021. While a large driver of the proposed state laws is growing public concern over drinking water contamination from “emerging contaminants,” including PFAS (per- and polyfluorinated alkyl substances)… Continue reading
adverse human health effects, California, commerce, Contamination, Cosmetics, drinking water, Emerging Contaminants, exposure, FD&C Act, Federal Food Drug and Cosmetic Act, Federal Regulation, Frank R. Lautenberg Chemical Safety Act of the 21st Century, high-priority chemicals, New York, personal care products, PFAS, polyfluorinated alkyl substances, products, regulated, risk of injury to health or environment, Safer States, Toxic Chemicals, Toxic Substrates Control Act, TSCA -
Earth Day 2021: CERCLA and RCRA in The Biden Administration: Elevating Climate Change and Environmental Justice in Addressing Hazardous Wastes
We close out the Corporate Environmental Lawyer Blog’s weeklong celebration of Earth Day with the two federal programs aimed at cleaning up existing toxic waste sites and preventing the creation of new ones, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) and the Resource Conservation and Recovery Act (“RCRA”). Continue reading
2019 GAO Report, American Jobs Plan Fact Sheet, American Rescue Plan Act of 2021, ARAR, Biden Administration, Brownfields, CERCLA, chemical manufacturer, chemicals, clean water, Climate Change, Contamination, criminal prosecution, dioxane, Earth Day, Earth Week, electric power generation, Electric Utilities, Emerging Contaminants, Environmental Law, environmental review requirement, EPA, federal appropriations, federal clean air, financial responsibility exemption, hazardous substance, NPL, petroleum and coal, PFAS, RCRA White House, regulatory role, regulatory rollback, remedial role, SDWA, Superfund Strategic Plan, Superfund Task Force, sustainability, Trump Administration -
Earth Day 2021: Heightened Chemical Regulation under the Biden Administration
A key platform of President Biden’s environmental agenda is a heightened focus on regulating chemical substances under the Toxic Substances Control Act (TSCA). Regulating chemicals in order to minimize the threat to human and the environment is clearly also critical to achieving the aims and goals of Earth Day especially considering that the publication of… Continue reading
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U.S. EPA Embraces Prior Administration’s PFAS Drinking Water Proposals
On February 22, 2021, U.S. EPA announced that it was moving forward with implementation of several regulatory proposals issued in the waning days of the Trump Administration. First, U.S. EPA announced that it was finalizing its regulatory determination under the Safe Drinking Water Act (SDWA) for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). Continue reading
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OSHA Issues Proposed Update to Hazard Communication Standard
On February 5, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued a proposed rule updating its Hazard Communication (“Haz Com”) Standard to align its rules with those in the seventh version of the United Nation’s Globally Harmonized System of Classification and Labeling of Chemicals (GHS), published in 2017. Continue reading
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U.S. EPA Issues Final Guidance on PFAS SNUR
On January 19, 2021, four days after the close of the comment period, U.S. EPA issued its final guidance document to aid in implementation of its Significant New Use Rule (SNUR) for long-chain perfluoroalkyl carboxylate and perfluoroalkyl sulfonate chemical substances (PFAS). Not surprisingly, the final guidance document remained largely unchanged from the draft version. Continue reading
