Category: Regulatory Developments

Next Steps for WOTUS

On August 5, 2021, the EPA and the U.S. Department of the Army announced upcoming community engagement opportunities for public input into their efforts to revise the “waters of the United States” (WOTUS) definition. Redefining WOTUS is a two-part process for the agencies. The first rulemaking will restore the WOTUS definition to the version in […]

Lawmaker, Safety Advocates Call for Feds to Issue Emergency Heat Standard

A California lawmaker joined a group of worker safety advocates at a press conference Wednesday to call for the federal government to issue an emergency temporary heat safety standard. “Our workers need help now,” said U.S. Rep. Judy Chu (D-Calif.). “We call on the Department of Labor to act swiftly to add protections for workers […]

EPA Publishes New TSCA Data Reporting Regulation

On June 29, 2021, the EPA published a final rule under the Toxic Substances Control Act (TSCA) and the TSCA Health and Safety Data reporting rule, requiring manufacturers (including importers) of 50 specified chemical substances to report certain lists and copies of unpublished health and safety studies to the EPA. “Section 8(d) of the Toxic […]

OSHA Launches Confined Space Enforcement Programs

Two regional offices of the Occupational Safety and Health Administration (OSHA) launched regional emphasis programs (REP) to enforce the agency’s permit-required confined spaces standard (29 CFR §1910.146) in the transportation and tank-cleaning industries. OSHA’s Region 5 office (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin) initiated an REP effective August 2, and the agency’s Region 6 […]

Marine Corps Denied Immunity and Ordered to Pay Pollution Penalties

On Thursday, July 29, 2021, in a split decision, the 4th U.S. Circuit Court of Appeals ruled that the U.S. Marine Corps must pay the North Carolina Department of Environmental Quality’s (NCDEQ) fine for excess air pollution emissions at its Craven County Air Station Cherry Point facility.   The decision reversed a federal district court […]

OSHA Seeks Input on Power Press Standard

On July 28, the Occupational Safety and Health Administration (OSHA) called for stakeholder input on updating its mechanical power press standard (29 CFR §1910.217). The OSHA standard, originally issued in 1971, was based on the 1971 edition of the American National Standards Institute (ANSI) industry consensus standard for mechanical power presses (ANSI B11.1), which has […]

SEC Closely Scrutinizing Green Investments and Climate-Related Disclosures

Melissa Hodgman, acting director of the Securities and Exchange Commission’s (SEC) Enforcement Division, indicated that the SEC expects to look more closely at “green” investments in the future. Her comments were made at a Managed Funds Association webcast, according to Law 360. Her remarks come on the heels of the SEC’s March 4, 2021, announcement […]

GAO Recommends Significant Changes for EPA to Reach NPDES Compliance Goal

The Government Accountability Office (GAO) reports that almost 11,000 facilities exceeded their National Pollutant Discharge Elimination System (NPDES) permitted wastewater discharge limits and illegally discharged wastewater pollutants in 2018. “EPA has a goal to reduce by half significant noncompliance with individual NPDES permits by the end of FY 2022,” according to the GAO. “But the […]

NY Sets August 5 Infectious Disease Plan Deadline

Employers in New York state must have an infectious disease exposure prevention plan in place by August 5, according to a state Department of Labor spokesperson. However, the precautions under the plans only go into effect when state public health authorities make a “highly contagious communicable disease” declaration. At the moment, there is no such […]