Category: Regulatory Developments

Perchlorate to Remain Unregulated in Drinking Water

On March 31, 2022, the EPA announced it will not regulate perchlorate in drinking water. Perchlorate is a chemical commonly used in rocket fuel, fireworks, airbag initiators, matches, and signal flares. The EPA announcement followed its review of a July 2020 determination with the same conclusion. The previous determination concluded “that perchlorate is not found […]

EPA Proposes Removing Emergency Affirmative Defense

On March 28, 2022, the EPA revived an Obama-era proposed regulation that, if enacted as proposed, will remove the emergency affirmative defense provisions found under Title V (40 Code of Federal Regulations (CFR) 70.6(g)) of the Clean Air Act (CAA). The provision of the act defines an emergency as “any situation arising from sudden and […]

Understanding UST Obligations

A February 23, 2022, Consent Agreement (CA) entered into between the EPA and York Fuel Stop Inc. highlights the importance of understanding and following regulatory requirements for underground storage tanks (USTs). York Fuel’s alleged violation was for failure to maintain financial responsibility, as determined during the Pennsylvania Department of Environmental Protection’s (PA DEP) March 28, […]

Oregon OSHA Proposes Heat, Wildfire Smoke Rules

The Oregon Occupational Safety and Health Administration (Oregon OSHA) is proposing state safety rules for worker exposures to extreme heat and wildfire smoke. The rules “would provide the strongest such protections in the nation,“ according to the agency. Federal OSHA has no standard for wildfire smoke exposures but issued an advance notice of proposed rulemaking […]

Texas Takes EPA to Court Again Over Nonattainment Designation

In the latest move in an ongoing battle with the EPA, the state of Texas and its environmental officials filed a petition dated January 28, 2022, asking the D.C. Circuit Court of Appeals to review the EPA’s revised findings that ozone levels in El Paso County exceed the 2015 National Ambient Air Quality Standards (NAAQS). […]

SCOTUS Review of EPA Authority to Regulate Greenhouse Gas Emissions

All eyes concerned with greenhouse gas (GHG) emissions are on the U.S. Supreme Court (SCOTUS) as regulated industry, the EPA, states across the nation, and environmental activists anxiously await the showdown scheduled to occur on February 28, 2022. On that date, SCOTUS will hear arguments in the West Virginia v. EPA case, which consolidates with […]

OSHA, NIOSH Update Robotics Guidance

The Occupational Safety and Health Administration (OSHA) and National Institute for Occupational Safety and Health recently updated the OSHA Technical Manual’s chapter on “Industrial Robot Systems and Industrial Robot System Safety.” The updated and expanded chapter on robotics now includes up-to-date technical information on hazards associated with industrial and emergent robot applications, safety considerations for […]

OSHA Moving Forward with Rulemakings

The Occupational Safety and Health Administration (OSHA) has plans to move forward with rulemakings addressing heat illness prevention; infectious disease hazards in healthcare and related industries, including COVID-19; and workplace violence in healthcare and social services, according to the Department of Labor’s (DOL) fall 2021 semiannual regulatory agenda, published January 31 (87 Federal Register (FR) […]

North Carolina GHG Executive Order

On January 7, 2022, North Carolina Governor Roy Cooper issued Executive Order (EO) 246, which affirms “North Carolina’s commitment to a clean energy economy and [directs] next steps in the state’s plan to achieve net-zero greenhouse gas emissions and create economic opportunities for North Carolinians across the state, especially in underserved communities,” states the governor’s […]

On-Site EPA Civil Inspection Rule Rescinded

Effective immediately, the EPA rescinded its March 2, 2020, final rule on the Agency’s procedures for conducting on-site civil inspections on behalf of the EPA.  Because the EPA classifies this rulemaking as procedural rather than substantive, there is no required public comment period. The rescinded rule, promulgated in response to the Trump administration’s Executive Order […]