Category: Regulatory Developments

Chemical Group Added to TRI List

The Trump EPA has issued a final rule to add a nonylphenol ethoxylates (NPEs) category to the list of toxic chemicals subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 6607 of the Pollution Prevention Act (PPA). The rule had been proposed by the Obama-era EPA and […]

EPA Offices, Washington DC

The EPA and Cost/Benefit Considerations—A New Rule in the Works?

The EPA possesses substantial flexibility in how it considers the costs and benefits of regulations it promulgates. That flexibility is inherent in the environmental statutes, which sometimes require that costs be considered in rulemaking and sometimes make no mention of costs/benefits, but, in any case, rarely specify how such consideration should occur. This has given […]

Landfill

EPA Sued by State AGs Over Delayed Landfill Rules

The AGs from eight states plus the Pennsylvania Department of Environmental Protection have together filed suit against the EPA for its alleged failure to implement the Obama administration’s 2016 municipal landfill emissions guidelines (August 29, 2016, Federal Register (FR)) according to the timeline mandated by the Clean Air Act (CAA).

USA! USA!

Federalism and Water Rules: The States Weigh In

The current administration’s two-part rulemaking to first rescind and then replace the prior administration’s Clean Water Rule to define the Clean Water Act (CWA) term Waters of the United States ((WOTUS rule), June 29, 2015, Federal Register (FR)) derives from two positions.

Cal/OSHA Summit 2018: Regulatory Updates!

Cal/OSHA, California’s state regulatory agency responsible for occupational safety and health, is known for being stricter and more active in rulemaking than its federal counterpart. Here, we provide key information about the status of several current rulemaking efforts, upcoming compliance deadlines, and standards taking effect soon for California employers.

Asbestos hazard

New Use Rule for Asbestos Proposed

As part of a trio of actions taken under the 2016 amendments to the Toxic Substances Control Act (TSCA), the EPA has proposed the first-ever Significant New Use Rule (SNUR) for asbestos.

Recycling

EPA Moves to Implement HSM Orders from D.C. Circuit

In a final rule promulgated without a prior proposal, the EPA is revising regulations associated with the definition of solid waste under the Resource Conservation and Recovery Act (RCRA). The revisions apply specifically to rules the Agency issued in 2008 and 2015, which addressed the conditions under which hazardous secondary materials (HSMs) are legitimately recycled.

Agriculture

PSM Enforcement for Agricultural Wholesalers Revised by OSHA

Consistent with the opinion issued in September 2016 by the U.S. Court of Appeals for DC Circuit (Agricultural Retailers Association and the Fertilizer Institute v. U.S. Department of Labor), OSHA has announced that it will not issue citations under its Process Safety Management (PSM) standard for certain wholesalers of agricultural products.

Draft Bill Would Significantly Change NSR Criteria

A two-pronged effort—one by the EPA and one by Congress—is under way to reform the Clean Air Act’s (CAA) New Source Review (NSR) program. In December 2017 and March 2018, EPA Administrator Scott Pruitt issued two memorandums for Agency regional offices, which somewhat loosened the criteria for determining if NSR is required. Now, House Republicans […]