As federal health agencies pour all available resources into halting the spread of the coronavirus disease (COVID-19), the EPA has stepped forward with a second proposal governing the Agency’s use of science at the Agency. The action supplements the EPA’s April 2018 proposal, Strengthening Transparency in Regulatory Science. That proposal would ensure that when developing […]
Category: Regulatory Developments
On March 19, the Federal Motor Carrier Safety Administration (FMCSA) expanded its Hours of Service exemptions for commercial motor vehicle drivers transporting personnel and supplies necessary to respond to the COVID-19 pandemic.
Following a second look at its authority under the Clean Air Act (CAA), the EPA has issued a final rule rescinding the leak-repair requirements of a 2016 rule the Obama EPA issued for refrigerants used to replace Class I or II ozone-depleting substances (ODSs).
The EPA has promulgated a final rule listing the general procedures (that is, procedures that are applicable under all federal statutes implemented by the EPA) Agency personnel must follow when conducting on-site civil inspections.
In one of its rare regulatory actions directly affecting the regulated community, the U.S. Chemical Safety and Hazard Investigation Board (CSB or the Board) has issued a final rule requiring owners and operators of stationary sources to report information about accidental releases of hazardous substances to the CSB.
On February 20 and 24, 2020, the EPA announced three developments under its action plan for per- and polyfluoroalkyl substances (PFAS Action Plan).
In a September 2019 memo, the EPA’s Office of Enforcement and Compliance Assurance (OECA) revised its 2003 guidance for Expedited Settlement Agreements (ESAs) applicable to the Spill Prevention, Control, and Countermeasure (SPCC) program.
The Department of Transportation (DOT) does not require employers to test employees in safety-sensitive positions for cannabidiol (CBD) use, the DOT’s Office of Drug and Alcohol Policy and Compliance (ODAPC) announced February 18. However, the Federal Motor Carrier Safety Administration (FMCSA) and other DOT agencies still require employers to test employees for marijuana use.
The EPA is moving steadily along its apparent path of concluding that it is not necessary to require that facilities in certain industrial sectors comply with the financial responsibility requirements of Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In its latest action, the Agency is proposing not to […]
Employers in the trucking industry are facing heightened requirements for ensuring their drivers’ drug and alcohol compliance: Employers must perform twice as many random drug and alcohol tests of commercial motor vehicle (CMV) drivers and must query the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse to check the records of current and […]