Facing a massive uproar from industry groups and companies, late yesterday EPA put a hold on enforcement of a newly effective prohibition on one “PBT” chemical and announced a new comment period to re-examine the rules issued...more
Earlier this week, EPA issued another “stop sale” order to Amazon directing the company to take steps to prevent the continued sale “of potentially dangerous or ineffective unregistered pesticides and pesticide devices making...more
One of the few areas of EPA policy continuity between the Biden and Trump eras is the aggressive enforcement attention being paid to products that claim to fight the SARS-CoV-2 coronavirus....more
For years, EPA has asserted broad authority to regulate products that are labeled or marketed with express or implied pesticidal (including antimicrobial) claims. During the current pandemic, that authority has been...more
Citing difficulties experienced by numerous submitters using EPA’s online reporting portal, the agency has extended the TSCA Chemical Data Reporting (CDR) deadline for two months....more
As part of the agency’s ongoing response to the coronavirus pandemic, EPA has issued new interim guidance outlining the path for expedited approval of products that demonstrate the ability to provide durable residual...more
Yesterday, EPA announced that it has issued the first ever emergency use exemption for a “long-lasting” anti-viral coating. The exemption was granted upon request by the state of Texas to permit use of the coating at...more
Earlier today, U.S. EPA officially added 172 specific per- and poly-fluoroalkyl substances (PFAS) to the list of chemicals reportable each year under the Toxic Release Inventory (TRI) program. With annual TRI reports due...more
Amid the flurry of products making coronavirus-related claims, some without legal approval or scientific support, one class of products raises unique questions: so-called “pesticide devices,” like ozone generators and...more
Yesterday, EPA issued another in a series of recent advisories aiming to clarify for consumers and companies what they need to know about disinfectant products claiming to kill the coronavirus. EPA is actively investigating...more
The U.S. Environmental Protection Agency (EPA) is focusing substantial enforcement attention on the internet sale of pesticide products marketed with anti-viral claims, particularly those with claims related to coronavirus...more
The U.S. Environmental Protection Agency (EPA) continues to expand the number of surface disinfectants approved for use against coronavirus, announcing the addition of 70 new products to the agency’s “List N: Disinfectants...more
The many U.S. companies that combust natural gas as part of their operations received good news today, as EPA announced that it will amend the Toxic Substances Control Act (TSCA) “Fees Rule” to exclude from coverage...more
With the ongoing spread of the coronavirus, and as stories of hording Purell and antimicrobial wipes abound, this practitioner* has been inundated recently by questions — from clients, co-workers, family, and friends — about...more
With the ongoing spread of the coronavirus, and as stories of hording Purell and antimicrobial wipes abound, this practitioner has been inundated recently by questions — from clients, co-workers, family, and friends — about...more
After the election of President Trump, the U.S. Environmental Protection Agency (“EPA”) signaled that it would increasingly focus on improving compliance through mechanisms, including voluntary self-correction, that achieve...more
EPA has agreed to conduct a rulemaking regarding the establishment of regulations to address potential spills of hazardous substances similar to the existing “Spill Prevention, Countermeasure and Control” (SPCC) program for...more
In response to coronavirus cases now appearing in the U.S., yesterday, EPA announced that the agency has activated its Emerging Viral Pathogens Guidance for Antimicrobial Pesticides.
The voluntary guidance, issued in...more
The California Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, wasted no time in punching back at the U.S. Environmental Protection Agency (EPA), which declared, in an August 8...more
With the release last month of proposed new EPA regulations on how the agency intends to handle responses to requests under the Freedom of Information Act (FOIA), critics have raised concerns about provisions that would give...more
In 2017, at the direction of a provision in the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act, which fundamentally reformed the Toxic Substances Control Act (TSCA), EPA convened a group of stakeholders...more
The U.S. EPA announced proposed amendments to the Chemical Data Reporting (CDR) rule with an aim “to better support Agency data collection efforts, align reporting with the Frank R. Lautenberg Chemical Safety for the 21st...more
Earlier today, US EPA released the inaugural draft list of 20 “high priority” and 20 “low priority” chemicals for risk evaluation purposes as required by the 2016 amendments to the Toxic Substances Control Act (TSCA). ...more
Consistent with consumer trends and the ever-increasing role of internet sales, U.S. EPA is targeting on-line pesticide sales as an enforcement priority. ...more
EPA has released the updated TSCA Chemical Substance Inventory, with, for the first time, “active” and “inactive” designations as required by the 2016 Amendments to the Toxic Substances Control Act (TSCA). Of the 86,228...more