Category: Regulatory Developments

Drug testing urine strips

DOT Isn’t Testing for CBD … But Use Caution

The Department of Transportation (DOT) does not require employers to test employees in safety-sensitive positions for cannabidiol (CBD) use, the DOT’s Office of Drug and Alcohol Policy and Compliance (ODAPC) announced February 18. However, the Federal Motor Carrier Safety Administration (FMCSA) and other DOT agencies still require employers to test employees for marijuana use.

Group of men working at a chemical warehouse classifying barrels

EPA Says CERCLA Financial Assurance Not Required for Chemical Companies

The EPA is moving steadily along its apparent path of concluding that it is not necessary to require that facilities in certain industrial sectors comply with the financial responsibility requirements of Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). In its latest action, the Agency is proposing not to […]

Truck driving, FMCSA

A Guide to the FMCSA’s Drug and Alcohol Rules

Employers in the trucking industry are facing heightened requirements for ensuring their drivers’ drug and alcohol compliance: Employers must perform twice as many random drug and alcohol tests of commercial motor vehicle (CMV) drivers and must query the Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse to check the records of current and […]

Air emissions, pollution

State AGs Join EtO NESHAP Conversation

In a comment letter, Illinois Attorney General (AG) Kwame Raoul and 10 other state AGs have urged the U.S. EPA to propose regulatory revisions that will adequately protect the public and the environment from the risks posed by emissions of ethylene oxide (EtO) from commercial sterilization and fumigation operations. High on the list of requested […]

Title V Permitting Petitions Get a New Look

Noting that the Clean Air Act’s (CAA) petition process for Title V permits will benefit from additional clarity and transparency, the EPA has issued a final rule that establishes three new provisions for petitions.

Chemical manufacturing

TSCA Fees: EPA Issues Preliminary List of Affected Manufacturers

The EPA has published preliminary lists of manufacturers (including importers) that will need to pay fees to defray the costs of risk evaluations the Agency must perform on 20 substances that have been designated high priorities under Section 6 of the Toxic Substances Control Act (TSCA). Each of the 20 high-priority substances has been matched […]

Silica dust at construction site

Crystalline Silica: OSHA Revises Its National Emphasis Program

On February 4, the Occupational Safety and Health Administration (OSHA) revised its National Emphasis Program (NEP) for enforcement of the construction, general, and maritime industry standards for respirable crystalline silica exposure. OSHA canceled the 2008 Crystalline Silica NEP in October 2017. The replacement NEP addresses enforcement of OSHA’s amended standards for respirable crystalline silica—promulgated March […]

Truck driving

FMCSA Delays Its Entry-Level Driver Training Rule

On February 4, the Federal Motor Carrier Safety Administration (FMCSA) announced it is delaying the compliance date for its entry-level driver training (ELDT) rule from February 7, 2020, to February 7, 2022 (85 FR 6088). The agency said it needs additional time to complete development of the information technology (IT) systems necessary for the rule’s […]

Oil Refinery

Updates on Petroleum Refinery NESHAP

In a final rule containing technical amendments to the EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP) for petroleum refineries, the Agency is also announcing its decisions regarding petitions for reconsideration of the NESHAP received from industry and environmental groups. For four issues for which reconsideration was requested, the EPA says it believes that […]