In an action that parallels EPA’s rulemaking to write a new definition of the Clean Water Act (CWA) term waters of the United States (WOTUS), the Agency is soliciting comments on whether pollutant discharges into groundwater that has a hydrologic connection to WOTUS are subject to CWA regulation.
Category: Regulatory Developments
Although the Occupational Safety and Health Administration (OSHA) delayed enforcement of the respirable crystalline silica rule for construction, don’t expect the same for the general industry rule. Enforcement for the general industry and maritime rule begins June 23, 2018—exactly as scheduled.
Companies subject to EPA’s December 2016 final rule establishing formaldehyde emissions standards for composite wood products should review a regulatory revision the Agency has issued involving voluntary consensus standards.
In light of a recent U.S. Supreme Court ruling, the EPA and Army Corps of Engineers (Corps) have issued an applicability rule to clarify the applicability date of the Obama administration’s 2015 Clean Water Rule (CWR) (also called the waters of the United States, or WOTUS, rule). Specifically, the new rule sets the applicability date […]
EPA Administrator Scott Pruitt announced that the Agency had changed its mind about withdrawing the Obama EPA’s July 2014 proposed determination regarding Pebble Limited Partnership’s (PLP) plan to build a copper and gold ore mine in the headwaters of Bristol Bay, Alaska.
Under new Assistant Administrator William Wehrum, EPA’s Office of Air and Radiation (OAR) has issued a memo withdrawing a 21-year-old policy on the classification of sources under Clean Air Act Section 112 (control of hazardous air pollutants (HAPs); also called the maximum achievable control technology (MACT) program).
Moving out ahead of federal OSHA, California’s Division of Occupational Safety and Health (DOSH) is developing a general industry workplace violence prevention standard. In 2017, California became the first state to require all healthcare facilities to implement protective measures for workers who may be exposed to violence.
On December 22, 2017, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit (panel) issued an opinion that denied challenges to all but one provision of OSHA’s March 2016 amendments to its 1971 standards for occupational exposure to respirable crystalline silica.
In an unusual development, the U.S. Supreme Court, which is almost always divided over interpretations of U.S. environmental law, ruled unanimously that challenges to the EPA/Army Corps of Engineers’ (Corps) 2015 Clean Water Rule (CWR) must be heard first in U.S. district courts, not federal appeals courts.
In a final rule (January 9, 2018, FR), the EPA issued the third of four expected area designations under the 2010 National Ambient Air Quality Standards (NAAQS) for sulfur dioxide (SO2).