Proposed TSCA Amendment - Safe Chemicals Act

The Safe Chemicals Act has been introduced which would amend the existing Toxic Substances Control Act (TSCA). Some of the key provisions of the proposed law include:

• Requires manufacturers to develop and submit a minimum data set for each chemical they produce, and provides EPA with authority to require any data beyond the minimum data set needed to determine safety of a chemical.
• Requires EPA to categorize and prioritize chemicals, based on their hazard and exposure characteristics. EPA would identify and prioritize chemicals by their likely risk, based on anticipated use, production volume, toxicity, persistence, bioaccumulation, and other properties that indicate risk.
• Requires expedited action to reduce the use of or exposures to chemicals of highest concern.
• Requiring all chemicals to be shown to be safe in order to remain in or enter commerce, with the burden of proof safety resting on chemical manufacturers and users.
• Establishes a public database that will house both chemical information submitted to EPA and decisions made by EPA about chemicals, and narrows the conditions under which data submitted by industry can be claimed to be confidential business information (CBI).
• Requires EPA to establish a program to develop market and other incentives for safer alternatives, and a research grant program targeted at priority hazardous chemicals for which alternatives do not presently exist.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Business Risks Associated With Climate Change - SEC Guidance

On January 27, 2010, the U.S. Securities and Exchange Commission (SEC) voted to issue new interpretive guidance as to when business risks associated with climate change trigger mandatory disclosure requirements. SEC's guidance highlights the following areas as examples of where climate change may trigger disclosure requirements:

• Impact of Legislation and Regulation: When assessing potential disclosure obligations, a company should consider whether the impact of certain existing laws and regulations regarding climate change is material.
• Impact of International Accords: A company should consider, and disclose when material, the risks or effects on its business of international accords and treaties relating to climate change.
• Indirect Consequences of Regulation or Business Trends: Legal, technological, political and scientific developments regarding climate change may create new opportunities or risks for companies. As such, a company should consider, for disclosure purposes, the actual or potential indirect consequences it may face due to climate change-related regulatory or business trends.
• Physical Impacts of Climate Change: Companies should also evaluate for disclosure purposes the actual and potential material impacts of environmental matters on their business.
  

The new SEC guidance clarifies that when complying with disclosure requirements, public companies should consider impacts of proposed and pending climate change legislation, regulation and international accords, indirect consequences of regulation or business trends, and actual and potential material impacts of environmental matters on their business. A formal SEC's interpretive release is expected to be released shortly and posted on the SEC website.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Phase 1 Environmental For Agricultural or Forested Land

Conducting a Phase 1 Environmental Site Assessment for a large, predominately undeveloped property presents special challenges when using the ASTM Standard Method E 1527 (Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process). A different ASTM Standard, E 2247 – 08 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property) was developed to address these issues. The purpose of E 2247 – 08 standard is to define good procedures for conducting a Phase I environmental site assessment of forestland or rural properties. To qualify for use of the ASTM standard, the property needs to meet certain criteria relating to size and land uses.

Like other ASTM standard practices, a valid ESA must be conduct by professionals meeting specific qualification requirements.

As with other ASTM standards for Phase I Environmental Site Assessments, the standard only addresses 1) contaminants within the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and 2) petroleum products.

Caltha LLP assists prospective Buyers and their Lenders in meeting Due Diligence, Environmental Site Assessment and Environmental Review requirements. To request a quote on-line, go to Caltha Environmental Assessment Quote Web Page.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

FTA Categorical Exclusion CE From Environmental Review

The Federal Transit Administration (FTA) has developed specific categories for environmental review in compliance with NEPA. For certain types of projects, FTA may require project proposers to complete sufficient environmental analysis such that FTA can determine that the proposed project meets the criteria for a Categorical Exclusion (CE) under 27 CFR 771.117(d). By meeting these criteria, FTA will meet Categorical Exclusion criteria under NEPA (40 CFR 1508.4), and ultimately neither the proposer nor FTA will be required to conduct an Environmental Assessment as prescribed under 27 CFR 771.119. FTA could then take actions, including providing project funding.


Click here for more information on Categorical Exclusion criteria and NEPA Compliance

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website