Category: Regulatory Developments

Pesticide safety

Emergency Exemptions Under FIFRA

In a 2018 report, the EPA’s Office of Inspector General (OIG) said it found flaws in how the Agency’s Office of Pesticide Programs (OPP) managed the pesticide emergency exemption process authorized by Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Specifically, the OIG said the OPP does not use emergency exemption data […]

Motor Oil

Used Oil Bill Signed into Law

On December 21, 2018, President Donald Trump signed H.R. 1733, a law that will renew and somewhat modify preexisting statutory language regarding the beneficial reuse of used lubricating oil.

Environmental Protection Agency sign

Senators Look for Answers on Methane Proposal from EPA

Several federal lawmakers continue to press the EPA for information about the impact of its proposal (October 15, 2018, Federal Register (FR)) to weaken the Obama administration’s New Source Performance Standards (NSPS) governing air emissions from the oil and natural gas (O&G) sector (June 3, 2016, FR).

Pharmaceuticals

Waste Pharmaceutical Rule Provides Healthcare Facilities with Relief

The EPA’s final Management Standards for Hazardous Waste Pharmaceuticals (prepublication version here) is the Agency’s long-awaited bridge between the goal of the Resource Conservation and Recovery Act (RCRA) to control the impact of hazardous waste on human health and the environment and the unique circumstances under which hazardous waste is generated by healthcare facilities and […]

Energy infrastructure

Proposed Affordable Clean Energy Rule Polarizes Stakeholders

Public comment on the EPA’s proposed Affordable Clean Energy (ACE) rule closed October 30, 2018, and, as expected, the thousands of responses highlighted the radically diverse opinions on coal-fired energy and climate change held by Americans and industry stakeholders. The ACE proposal (August 31, 2018, Federal Register (FR)) comprised revisions of three existing regulations contained […]

Power Plant Fossil Fuel Ozone

Pollution Transport Rule: Good Neighbor Obligations May Be Gone in 2023

The EPA’s implementation of Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I), also known as the Good Neighbor Provision, has been a source of conflict among the Agency, the states, industry stakeholders, and public health and environmental interest groups. That trend is continuing with the Agency’s latest action, a final rule that establishes that 20 eastern states […]

Construction machinery

EPA Proposes Clarifications for Construction General Permit

Responding to petitions for review from the National Association of Home Builders and the Chesapeake Bay Foundation, the EPA is proposing modifications to its 2017 Construction General Permit (CGP). The CGP comprises National Pollutant Discharge Elimination System (NPDES) requirements for construction site operators disturbing 1 or more acres of land or less than 1 acre […]

Amendments to Human Subject Regs Proposed by EPA

The EPA has proposed a set of amendments to regulations governing the protection of human research subjects. These regulations at 40 Code of Federal Regulations (CFR) Part 26 comprise multiple subparts that can be divided into two groups—Subpart A is the Common Rule federal agencies have adopted to ensure the protection of human subjects involved […]