May 17

Department of Pesticide Regulation Initiates Cancellation of Chlorpyrifos Pesticide

In a news release issued May 8, 2019, the California Environmental Protection Agency (CalEPA) announced that the Department of Pesticide Regulation (DPR) is initiating cancellation of the pesticide and toxic air contaminant chlorpyrifos in California. Because chlorpyrifos is used to control pests on a variety of crops and the cancellation would apply to dozens of products containing the pesticide, CalEPA’s and DPR’s initiated ban may significantly impact growers and others in the agriculture industry.

The decision comes on the heels of recent findings by the state’s independent Scientific Review Panel on Toxic Air Contaminants that chlorpyrifos causes serious health effects in children and other sensitive groups – including effects on brain and neurological development – at lower levels of exposure than previously identified. In consultation with other state agencies, DPR determined that it was not feasible to implement additional control measures that adequately protect the health of agricultural workers and others working or living near where chlorpyrifos is used.

DPR and the California Department of Food and Agriculture (CDFA) will convene a cross-sector working group to identify safer alternatives to chlorpyrifos. In the May Revision budget proposal, the Governor proposed $5.7 million in funding for research and technical assistance to support this effort. Prior to filing for cancellation of the pesticide, DPR intends to consult with county and local agricultural and air pollution control agencies. The cancellation process could take up to two years.

To read the full news release, click here: https://calepa.ca.gov/2019/05/08/california-acts-to-prohibit-chlorpyrifos-pesticide/

If you would like more information about how the DPR’s chlorpyrifos cancellation process may affect you or your business, please contact us at Contact@HartmanKingLaw.com.

© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
May 17

California Air Resources Board Initiates Rulemaking Process to Target Emission Reductions in Personal Care, Fragrance, Household and Industrial Products

The California Air Resources Board (“CARB”) will hold numerous public workshops in the Spring and Summer of 2019 with interested stakeholders in the consumer products industry, including the personal care, fragrance, and household/industrial products sectors, to discuss CARB’s next regulatory efforts to reduce volatile organic compound (“VOC”) emissions from consumer products. Two work groups will convene, one focused on regulatory strategies and a second on regulatory definitions. CARB advises that its rulemaking may ultimately require manufacturers to reformulate their products in order to meet emission reduction requirements.

From 2013 to 2015, CARB collected survey data from the consumer and commercial products sectors and obtained technical information regarding various products’ chemical formulations and emissions. Out of the consumer products surveyed, CARB concluded that the personal care products sector contributes 45 percent of the total VOC emissions, with the household/industrial product sector contributing 37 percent. Current consumer products regulation provides a limited exemption from VOC limits for fragrances, provided the fragrance substance or mixture meets certain criteria. However, CARB concludes that fragrance is the greatest ozone forming potential contributor compared to other ingredients studied in the consumer products survey.

Throughout the upcoming work group meetings this May and Summer 2019, CARB will conduct a screening process of potential product categories to determine if regulatory action focused on those categories will result in a significant reduction in emissions. For example, CARB suggests it may screen products in categories described as: no rinse shampoo, aerosol sunscreen, laundry detergent, hair finishing spray and floor wax stripper. In the Fall 2019, CARB plans to present its findings, initial options and proposals with respect to further consumer product regulation in order to meet its emission reduction goals.

If you would like more information about how CARB’s consumer products rulemaking process may affect you or your business, please contact us at Contact@HartmanKingLaw.com.

PDF – California Air Resources Board Initiates Rulemaking Process to Target Emission Reductions in Personal Care, Fragrance, Household and Industrial Products

© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
May 3

More States Adopt Plastic Bag Bans

Environmental and economic pressures are leading more states and local governments to adopt broad plastic bag bans. In an effort to curb water pollution and alleviate the inundation of plastic in landfills, several states are raising the bar on plastic bag bans with state-wide prohibitions, while more local governments pass bans on single-use plastics.

New York, New Jersey and Hawaii are poised to implement the most stringent single-use plastic bans, joining the ranks of California. Effective March 2020, New York’s state-wide ban will prohibit stores from providing single-use plastic bags, though New York will provide exemptions for food takeout bags, deli wrap, bulk items, newspaper bags and garment bags. New Jersey’s proposed law would ban Styrofoam food and beverage containers, plastic bags and plastic straws from all retailers and restaurants in the state. Hawaii’s proposed legislation prohibits all individuals and businesses from selling, distributing or otherwise providing any form of a plastic bag after July 1, 2023.  This state-wide ban includes Styrofoam containers, plastic bottles, utensils and straws.

In other states, local governments are heading the movement. Bar Harbor, New Castle, Rockland and Southwest Harbor, Maine have joined several other local governments with the passage of bans on single-use carry-out bags, other than those used exclusively to carry meats, seafood, produce, bulk items, and in some jurisdictions, pharmaceuticals. Each ordinance also contains an exception for a situation that is deemed an emergency by the local government. Southwest Harbor extends the ban beyond grocery retailers to also include convenience stores, markets, pharmacies, restaurants, takeout food, temporary and seasonal businesses, and other merchant retailers. Similarly, Belmar and Jersey City have joined several New Jersey local governments that have implemented a ban on single-use plastic carryout bags. Belmar provides an exception for businesses to use plastic bags to sell bait, and Jersey City permits the use of produce bags, newspaper bags, and pharmacist bags.

At the opposite end of the spectrum, effective March 29, 2019, North Dakota has prohibited local governments from regulating or taxing plastic bags and containers. Missouri, Mississippi, Oklahoma and Ohio have had similar prohibitions in place since 2018, and the Texas Supreme Court ruled in its July 2018 opinion, City of Laredo v. Laredo Merchants Association, that bans on single-use plastic bags violate state law, making existing local legislation unenforceable.

Significant penalties may be imposed under some of these laws for non-compliance. If you would like more information about how single-use plastic bans may affect you or your business, please contact us at contact@HartmanKingLaw.com.

PDF-More-States-Adopt-Plastic-Bag-Ban.pdf

© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
April 9

Washington State Department of Ecology Releases Presentation on Update to Dangerous Waste Regulations

The Washington State Department of Ecology released a webinar presentation on recent changes to Washington’s dangerous waste regulations, which take effect on April 28, 2019. The Department amended specific sections of the dangerous waste regulations to incorporate new federal hazardous waste rules and restructured the regulations for easier use and improved compliance. These changes affect most dangerous waste generators and how they manage their dangerous waste. The presentation is available here: https://www.youtube.com/watch?v=27Y1CvthZNg

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
April 9

EPA’s Proposed Rule – “Modernizing Ignitable Liquids Determinations”

The Environmental Protection Agency has published a Proposed Rule that will modernize how the ignitability characteristic is determined under the Resource Conservation and Recovery Act.  The Agency is seeking input from waste generators, laboratories, state officials, trade associations and members of the public on these proposed changes in a 60-day comment period. Comments must be received on or before June 3, 2019.  Interested parties may view and comment on the official copy of the Proposed Rule in the Federal Register here: https://www.federalregister.gov/documents/2019/04/02/2019-05878/modernizing-ignitable-liquids-determinations

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
January 31

2019 Updates to UST Regulations: What you need to know

The new year brings new underground storage tank (“UST”) regulation.  On January 1, 2019, amendments to the UST provisions of the Health and Safety Code (“H&SC”), Assembly Bill No. 2902, became effective.

The new UST regulations expand agency authority and flexibility to issue permits and notices of violations.  It also broadens the definition for emergency generator tank systems to include systems that store kerosene.  Entities with kerosene tanks are now subject to the same regulations as those that store diesel.  (H&SC, ch. 6.7, section 25281.5).

UST owners should be aware that the new regulations allow Unified Program Agencies (“UPAs”) to issue or renew UST operating permits to a facility not in full compliance.  (H&SC, ch. 6.7, section 25285).  Previously, UPAs were prohibited from issuing or renewing a UST operating permit if the UST was not in compliance with H&SC, chapter 6.7.  The UST regulation now in effect will allow permitting despite noncompliance unless a red tag is affixed to the UST system, signifying a significant violation that poses an imminent threat to human health or a failure to correct a significant violation, or if the UST facility is subject to an enforcement action by the State Water Resources Control Board (the “State Water Board”), the UPA or another authorized entity.  A UPA may still issue a permit pending an appeal, petition, or reconsideration of the enforcement action, after consultation with the State Water Board.

The new provisions in H&SC, chapter 6.7 section 25292.3 also extend the red tag authority of the State Water Board staff.  The State Water Board is now authorized to affix red tags to any hazardous substance UST, can issue a notice of significant violation and can affix a red tag if the significant violation is not corrected.  Additionally, the new regulations prohibit the delivery, deposit and input of a hazardous substance into, and withdrawal of the stored substance from, a red tagged UST system, except to empty the UST at the direction of the State Water Board or the UPA.

If you would like more information about how the UST regulations may affect you or your business, please contact us at contact@HartmanKingLaw.com.

PDF-2019-Updates-to-UST-Regulations-What-you-need-to-know.pdf

© 2019 – Hartman King PC. All rights reserved. The information in this article has been prepared by Hartman King PC for informational purposes only and does not constitute legal advice.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
January 11

California Supreme Court Reception

Jennifer Hartman King, Alanna Lungren, and Anna Brown captured in the Sacramento Lawyer magazine attending the California Supreme Court Reception, which was proudly sponsored by Hartman King PC!

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
January 10

Alanna Lungren elevated to Counsel

Hartman King PC congratulates Alanna Lungren for being elevated to Counsel with the firm as of January 1, 2019. Alanna received her law degree in 2009 from University of the Pacific, McGeorge School of Law.  She is admitted to practice in California and has been with the firm since 2016. Congratulations, Alanna!

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
December 12

Welcome to the firm, Sara Cutuli!

We are pleased to announce the addition of Sara Cutuli to the firm.

Ms. Cutuli specializes in environmental and regulatory compliance counseling, site investigation and remediation counseling for real estate transactions involving contaminated property, and environmental litigation and enforcement defense for property owners, small and large corporations, and utilities facing agency and private action.  Ms. Cutuli uses her background in environmental toxicology and remediation and her field experience in environmental management of large-scale utility construction projects to leverage workable solutions for clients facing complex environmental liability. 

Ms. Cutuli earned her Juris Doctor from Rutgers Law School and Bachelor of Science from University of California, Berkeley.

For more information, contact:
Sara Cutuli
SCutuli@HartmanKingLaw.com
916.379.7683

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
November 1

CalCIMA Annual Education Conference

Jennifer Hartman King and Alanna Lungren, of Hartman King PC, are excited to be speaking on hazardous materials business plan and hazardous waste compliance and enforcement strategies at the CalCIMA Annual Education Conference on November 13, 2018.

For more information, contact:
Hartman King PC
contact@HartmanKingLaw.com



 
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