California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed further amendments to clarify the new Prop 65 regulations that went into effect August 30, 2018, which focused on how to provide “clear and reasonable” warnings under Prop 65. Under the new regulations, manufacturers, producers, packagers, importers, suppliers, and distributors have primary responsibility for complying with Prop 65 requirements; and retail sellers have responsibility for placement and maintenance of consumer product exposure warnings only in limited situations. OEHHA’s latest proposed amendments clarify parties’ responsibilities along the often complex supply chain:
Are You In Compliance? Reminder that Changes to California’s Proposition 65 Go Into Effect Tomorrow, August 30
As we previously reported, major changes are going into effect tomorrow concerning California’s Safe Drinking Water and Toxic Enforcement Act, known as Proposition 65. This law requires businesses to notify Californians about significant amounts of chemicals in products in their homes or workplaces, that are released into the environment, or that are present at certain
Recent Agency Memoranda Impact Enforcement of Environmental Violations
Attorney Megan Caldwell recently blogged about two recent agency enforcement memoranda impacting the enforcement of environmental violations. Both the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of Justice (“DOJ”) have issued memos make changes in how agencies will focus on their roles in regards to enforcement. These changes may affect your company’s approach to compliance with certain agency guidance documents
California Issues Clarifications to Proposition 65 Regulations Going into Effect Next Summer
On December 6 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice indicating the approval of amendments to Proposition 65’s “clear and reasonable warnings” regulations. OEHHA issued these amendments to clarify and correct certain sections of the significant new regulations going into effect August 30, 2018 that will change how parties
Changes to California’s Proposition 65 Warning Requirements
On August 30, 2016, after two years of rulemaking, California’s Office of Environmental Health Hazard Assessment (OEHHA), the agency that administers California’s Proposition 65, adopted amendments to the Proposition 65 regulations that govern the “safe harbor” language deemed to be “clear and reasonable” and thus Proposition 65-compliant. The new standards provide consumers with more detailed information regarding potential chemical exposures. The new standards go into effect August 30, 2018. Until the effective date, warnings may use either the current warning language under existing 2008 regulations or the new warning language. Products manufactured prior to the effective date will not be subject to the new requirements, and warnings set forth in court-ordered settlements or consent judgments prior to the effective date will continue to be deemed “clear and reasonable” for the exposures covered by those judgments.
FAST Act Requirements for Flammable Liquids and Rail Tank Cars
The U.S. Department of Transportation Department’s Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Railroad Administration (FRA) issued a final rule on August 15, 2016 modifying regulations governing trains hauling crude oil and other flammable materials. See 81 Fed. Reg. 53935. These changes codifiy certain mandates and minimum requirements set forth in the Fixing America’s Surface Transportation Act of 2015 (FAST Act) (Pub. L. No. 114-94), enacted in December 2015. The full text of the PHMSA rule is available here.
Pipeline and Hazardous Materials Safety Administration Advisory Bulletin Clarifying Terms Relating to Pipeline Operational Status
In a Federal Register notice made public August 15, 2016, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an advisory bulletin to “all owners and operators . . . of hazardous liquid, carbon dioxide, and gas pipelines, as defined in 49 Code of Federal Regulations Parts 192 and 195” clarifying how pipelines that are no longer in use should be treated. The full text of the bulletin is available here. PHMSA indicated that this advisory is necessary because improperly abandoned pipelines have resulted in pipeline incidents nationwide.
Environmental Working Group Recommends Ten Chemicals EPA Should Assess First Under Amended TSCA
The Environmental Working Group (“EWG”), a nonprofit, nonpartisan organization, issued a report on July 21, 2016 recommending the ten chemicals it thinks should be assessed first under the amended Toxic Substances Control Act (TSCA).
Final Rule Issued Regarding Tracking of Workplace Injuries and Illnesses
Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments
On July 1, 2016, an interim final rule adjusted the amounts of civil penalties assessed by OSHA. (Link) The penalties are being modified pursuant to the Federal Civil Penalties Inflation Adjustment Act, which requires federal agencies to adjust their penalties for inflation each year. As a result of this rule, OSHA is increasing its maximum penalties. Until now, OSHA has been exempted from this law, and so OSHA’s maximum penalties have not been raised since 1990. The result of these changes is a significant increase in penalty exposure for OSHA violations.