Chemical Safety

A federal judge appeared skeptical of environmentalists’ landmark efforts to pursue claims against EPA under both the Toxic Substances Control Act (TSCA) and the Administrative Procedures Act (APA) when the agency denied their TSCA section 21 petition seeking rules requiring additional asbestos reporting.

Administration efforts to address lead-paint dust in residential settings are facing wide-ranging criticisms, with EPA’s Inspector General (IG) charging the program lacks goals or ways to track progress and the agency’s advisors and environmentalists questioning why the agency has yet to update its lead dust clearance standards for contractors.

OSHA is facing a stakeholder battle as it proceeds with its plan to drop a rulemaking to rescind ancillary provisions from its beryllium rule for the construction sector and instead tailor the provisions, with industry groups suggesting they may sue as the agency lacks evidence for a threshold finding while health groups are citing studies backing the effort.

EPA has issued guidance to aid small business as they work to comply with the agency’s recent ban on consumer uses of paint strippers containing methylene chloride, though it is not clear whether the guidance will address charges from manufacturers that the ban may make it difficult for some small entities to continue to purchase the products.

House lawmakers appear poised to resume their efforts to renew the Department of Homeland Security’s (DHS) chemical facility safety program when they return from their recess, though it is unclear whether their past pledges to seek a bipartisan deal on the issue will bear fruit.

EPA is seeking comment on a pair of chemical industry requests asking the agency to assess the risks of two phthalate chemicals, requests that will pose first-time tests for the agency on whether and how it conducts such analysis under the revised toxics law and whether any negative EPA risk finding preempts existing state and federal requirements.

A government watchdog group is petitioning EPA to phase out the use of hydrogen fluoride (HF) at oil refining facilities under its Toxic Substances Control Act (TSCA) and Clean Air Act (CAA) authorities, the latest in a series of actions to curb the use of the highly corrosive substance following several “near miss” incidents.

Cal/OSHA is planning an advisory committee hearing to develop first-time construction worker safety rules pertaining to naturally occurring asbestos (NOA), with staff now conducting research to write a discussion draft for the meeting, officials say.

Fearing a patchwork of strict state rules, a variety of consumer product manufacturers is urging EPA to expand its planned or ongoing risk evaluations under the Toxic Substances Control Act (TSCA) in an effort to preempt states from regulating -- or banning -- certain chemicals’ uses.

Cal/OSHA is continuing to advance its proposal to set a much more stringent airborne lead exposure limit for construction and other workers, following a compromise among state lawmakers to set a Sept. 30, 2020, deadline for the agency’s standards board to adopt the new risk level.