gguilford's blog

Updated TSCA Inventory: What You Need to Know Now to Avoid Business Disruption

Thu, 04/11/2019 - 12:48

In 2016, after decades without any changes, Congress amended the Toxic Substances Control Act (the “TCSA”) with an eye towards updating and modernizing the regulatory regime for chemical substances. One of the elements of the amendments was to require the Environmental Protection Agency (“EPA”) to update the TSCA Inventory List, which is the list of all chemical substances that are manufactured, processed1 or imported into the United States. Part of the update requirement was to identify which chemical substances are active in commerce or are “commercialized”.

EPA Proposal to Modernize the RCRA Ignitability Characteristic May Cause More Wastes to be Classified as Hazardous

Thu, 04/11/2019 - 12:46

On April 2, 2019, the U.S. Environmental Protection Agency (EPA) proposed numerous changes to the ignitability characteristic under the Resource Conservation and Recovery Act (RCRA), which is one of the methods used to determine when solid wastes must be managed as hazardous wastes under federal law (and, with limited variations, the law of all states). See 84 Fed. Reg.

Using Blockchain technology to track hazardous materials

Mon, 04/08/2019 - 11:46

 There is increasing focus on the utilization of Blockchain technology to track hazardous materials and hazardous waste. Blockchain technology allows for a system where records can be stored, facts can be verified by anyone, and security is guaranteed. The software that would power such a system is called a “blockchain”.  Blockchains store information across a network of computers making them both decentralized and distributed. This means no central company or person owns the system and that everyone can use it and help run it.

EPA Releases Budget Justification that Increases Budget for Chemical Risk, Review, and Reduction Program

Mon, 04/08/2019 - 11:43

On March 11, 2019, the U.S. Environmental Protection Agency (EPA) released its Fiscal Year (FY) 2020 Justification of Appropriation Estimates for the Committee on Appropriations.  EPA’s budget request reduces the overall budget by $2.76 billion (31 percent), to $6.068 billion, but requests $66.418 million to support its Chemical Risk Review and Reduction (CRRR) program, an increase of $5.313 million.

Regulations Amending the Transportation of Dangerous Goods Regulations (Containers for Transport of Dangerous Goods by Rail): SOR/2019-75

Fri, 04/05/2019 - 18:59

The Transportation of Dangerous Goods Regulations (TDGR) has amended the Transport Canada Standard (TP 14877), Containers for Transport of Dangerous Goods by Rail. The amendment will be incorporated into the 2018 edition of the regulations by reference. The changes aim to consolidate and clarify standards; allow the use of certain new technologies and best management practices; align TDGR with U.S. and International regulations where appropriate; and reduce the risk of transporting toxic inhalation hazard (TIH) standards by rail.

Examining the EPA’s Proposal to Exclude Co-Benefits of Mercury Regulation

Wed, 04/03/2019 - 19:17

The Environmental Protection Agency (EPA) recently proposed to stop considering a wide swath of environmental and public health benefits when deciding whether to regulate mercury pollution from power plants. This is an important environmental issue in its own right. It also raises controversial legal and policy questions, including whether the Obama EPA used mercury regulation as a legal shortcut to reduce other forms of power plant pollution.

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