Category: Regulatory Developments

OSHA Developing Six Economically Significant Rules

The Occupational Safety and Health Administration (OSHA) is developing six rule-makings considered economically significant, according to an August 8 Department of Labor (DOL) regulatory agenda notice (87 FR 48358). Two rule-makings in the “prerule” stage address process safety management (PSM) to prevent major chemical accidents and workplace violence in healthcare and social assistance. Four other […]

EPA Amends Aerosol Coatings Emissions Standards

In the recently published Spring 2022 Unified Agenda, the EPA indicated a final rule amending National Volatile Organic Compound (VOC) Emission Standards for Aerosol Coatings will be issued no later than December 30, 2022. “EPA has defined VOCs as any substance which participates in atmospheric photochemical reactions,” explains a JD Supra article by Mitchell, Williams, […]

EPA Amends SNURs

On July 5, 2022, the EPA issued amendments to its Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA). The amendments become effective September 2, 2022. Impacted industries include chemical manufacturers, producers of petroleum and coal products, and wholesale merchants of nondurable goods. The summary of the rule states the amendments were […]

SCOTUS Decision is Blow to EPA CAA Authority

The energy industry celebrates while environmental advocates weep on the heels of a June 30, 2022, U.S. Supreme Court (SCOTUS) decision severely limiting the EPA’s authority to set greenhouse gas (GHG) emissions standards for existing power plants. The decision is a heavy blow to the Biden administration in its quest to transition the United States […]

A Closer Look at Proposed Changes to the 401 CWA Water Quality Certification Rule

In June 2022, the EPA issued a proposed rule to update regulatory requirements under Section 401 of the Clean Water Act (CWA). The Trump administration issued the first changes to these rules in 50 years, known as the 2020 Rule. Many felt the 2020 Rule removed long-standing state and tribal rights to block federal water […]

OSHA Weighs Massachusetts State Plan

On June 30, the Occupational Safety and Health Administration (OSHA) proposed granting initial approval for a Massachusetts state safety and health plan covering state and local government workers (87 Federal Register (FR) 39033). The Massachusetts Department of Labor Standards (DLS) has submitted a developmental state safety and health plan for initial OSHA approval. OSHA proposed […]

CARB Releases Draft Scoping Plan

The California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public comment on May 10, 2022. These updates describe the state’s approach to reducing greenhouse gas (GHG) emissions and are required every 5 years under Assembly Bill 32, the California Global Warming Solutions Act of 2006. The state’s current reduction goals […]

SCOTUS Refuses to Reinstate Order Blocking Use of Social Cost of Greenhouse Gases

The U.S. Supreme Court (SCOTUS) declined to reinstate an order blocking the Biden administration from utilizing the social cost of greenhouse gas emissions (SC GHGs) as a key climate metric in Louisiana v. Biden on May 26, 2022. In February 2021, the U.S. Interagency Working Group (IWG) on the SC GHGs issued “Technical Support Document: […]

Washington Heat, Smoke Rules Take Effect

Washington’s state outdoor heat exposure and wildfire smoke rules became effective June 15 and remain in effect through the end of September, the Department of Labor and Industries announced. The department has adopted emergency heat exposure requirements that include: Providing adequate shade (or alternatives) and water suitably cool for drinking; Encouraging and allowing workers to […]

Proposed Rule Puts States Back in Power Under the CWA Permitting Process

In following President Joseph Biden Jr.’s Executive Order (EO) 13990 on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, on June 2, 2022, the EPA announced a proposed rule to update the regulatory requirements under the Clean Water Act (CWA) Section 401 Certification Rule. The proposed rule will strengthen […]