October 10

New Federal UST Regulations take effect October 13, 2015

In June of 2015, EPA revised its underground storage tank (UST) regulations and regulations on federal approval of state UST programs – 2015 EPA Regulations. States with EPA-approved UST programs have three years to revise their regulations and obtain EPA approval. California, however, is one of 12 states with a UST program that is not approved by EPA, so tank owners and operators in California must comply with both state law and the new federal regulations, which become effective October 13, 2015.

On August 20, 2015, the State Water Resources Control Board announced that it is reviewing the new regulations to determine whether to propose statutory and/or regulatory amendments to conform state law to the federal regulations that are more stringent – click here for the Water Board communication. In the meantime, the Board says it will release guidance on the new requirements in the near future, including compliance deadlines and descriptions of the new federal regulations that are more stringent than California’s current UST statutes and regulations.

All new tank systems installed after October 13, 2015, must comply with both the new Federal regulations and all existing California UST regulations and statutes.

For more information, contact:
Jennifer Hartman King
jhartmanking@KingWilliamsLaw.com
916.379.7533

August 5

On July 1, 2015, SB445 (Hill, 2014) transfers $100 million to the new Expedited Claim Account Program (ECAP)

The goal of the new UST Expedited Cleanup Account Program (ECAP) is to reduce the overall costs for site cleanup and the time to reach closure by increasing coordination with the regulators, claimants/consultants, and the UST Cleanup Fund (Fund). SB 445 requires an ECAP Pilot Project that will include claimants that meet certain criteria. The State Water Resources Control Board’s list of eligible claimants and sites can be found by using the link below. Claimants for those cases that meet the Pilot Project criteria will be invited to participate in the Pilot Project Report Study or can request that they allowed to participate in the program.

Click here for additional information regarding ECAP and the State Water Resources Control Board’s list of eligible claimants and sites.

For more information, contact:
Jennifer Hartman King
jhartmanking@KingWilliamsLaw.com
916.379.7533

August 5

New SB445 Site Cleanup Subaccount Program (SCAP) Application Process Begins August 3, 2015

Applicants for the State Water Resources Control Board’s Site Cleanup Subaccount Program (SCAP) may now submit their Pre-Application materials for funding in 2016. SB 445 (Hill, 2014) established SCAP in 2014 to allow the State Water Resources Control Board to issue grants for projects that remediate the harm or threat of harm to human health, safety, or the environment caused by existing or threatened surface or groundwater contamination. Additional information regarding this new grant program can be found by using the links below:

Click here for SCAP Fact Sheet

Click here  and here for SCAP Pre-Application and Instructions

For more information, contact:
Jennifer Hartman King
jhartmanking@KingWilliamsLaw.com
916.379.7533

March 25

King Williams Sponsors Event at Fairytale Town

King Williams is sponsoring the Mad Hatter Meets Great Gatsby Fundraiser. This event is on Thursday, April 23, 2015 at the Sacramento Masonic Temple. Proceeds benefit nonprofit Fairytale Town’s programs and park improvements.

For more information, contact:
Jennifer Hartman King
jhartmanking@KingWilliamsLaw.com
916.379.7533

September 23

Regulatory Update: California Safer Consumer Product (SCP) Regulations (also known as the “Green Chemistry” law):

The California Safer Consumer Products Act went into effect on October 1, 2013. The Act directs the California Department of Toxic Substances Control (DTSC) to identify and prioritize chemical ingredients in consumer products that may pose health and environmental risks, and to determine how best to limit or reduce the use of those chemicals. The SCP regulations broadly affect the supply chains of manufacturers, importers, assemblers, and retailers of a variety of consumer products, requiring them to seek safer alternatives to certain chemicals in certain products.

As part of its duties under the Act, DTSC must issue a Priority Product Work Plan identifying the product categories it will evaluate for addition to the Priority Products list during the next three years. A Priority Product is a consumer product that contains one or more chemicals, known as Candidate Chemicals, which have a “hazard trait” that can harm people or the environment. Once a product-chemical combination is listed as a “Priority Product,” a manufacturer, retailer, assembler, or importer of the Priority Product has sixty (60) days to provide DTSC with a Priority Product Notification. The Notification must identify the entity’s role as a manufacturer, retailer, assembler, or importer, as well as a description of type, brand name(s), and product names(s) of the Priority Product. A preliminary Alternative Analysis must then be conducted within one-hundred-and-eighty (180) days to determine whether the product can be made with safer substitute chemicals, not only with regard to the risk during product use, but also during their manufacture and after disposal (generally explained as the “life-cycle” approach).

DTSC issued its first draft Priority Product Work Plan (Work Plan) on September 12, 2014. The Work Plan identifies seven product categories:

(1) Beauty, Personal Care and Hygiene Products;
(2) Building Products: Paints, Adhesives, Sealants, and Flooring;
(3) Household, Office Furniture and Furnishings;
(4) Cleaning Products;
(5) Clothing;
(6) Fishing and Angling Equipment; and
(7) Office Machinery (Consumable Products).

For each product category, the Work Plan provides product examples and identifies potential Candidate Chemicals.

DTSC will host workshops regarding the scope and content of the Work Plan on September 25 and 29, 2014. Manufacturers, retailers, assemblers, and importers of consumer products in these seven product categories should ensure they have an inventory of all the chemical ingredients in such products to meaningfully participate during the workshops. The workshops may provide them with important information relating to opportunities to replace a chemical within a specific product, or shared concerns to petition DTSC to exclude a particular product from the Priority Product list. The deadline to submit comments on the draft Work Plan is October 13, 2014. For more information, click here.

For more information, contact:
Jennifer Hartman King
JHartmanKing@KingWilliamsLaw.com
916.379.7533