Category: Regulatory Developments

Emissions, Clean Air Act

Court Says EPA Memo on HAPs Not a ‘Final Action’

In a majority opinion, the U.S. Court of Appeals for the D.C. Circuit dismissed a petition from the state of California and environmental groups to have the court review the legality of a memo William L. Wehrum, the assistant administrator for the EPA’s Office of Air and Radiation, issued to all Regional Air Division directors.

Silica dust at construction site

OSHA Wants Your Input on Silica Standards

OSHA is requesting information about possible revisions to three of its standards for respirable crystalline silica exposure. The agency’s request for information (RFI) appeared in the August 15 Federal Register (FR) (84 FR 41667).

Bald eagle

Amendments to the Endangered Species Act: The Three Final Rules

The Trump administration has issued three final rules that together may constitute the most sweeping revisions yet made to regulations implementing the Endangered Species Act (ESA). The revisions specifically clarify procedures and criteria used to add species to or remove them from the lists of endangered and threatened species and to designate species’ critical habitats; […]

Semi truck, truck driving, drivers

Hours of Service for Drivers: FMCSA Proposes Changes

The Transportation Department’s Federal Motor Carrier Safety Administration (FMCSA) unveiled proposed changes to its rules covering drivers’ hours of service. The changes would provide greater flexibility for both long- and short-haul drivers.

EPA Begins Rulemaking on Streamlining NSR

The EPA is proposing to amend its New Source Review (NSR) regulations (40 CFR 51.166 and 51.165) to allow the emissions decreases from a single project to be included in Step 1 of the NSR applicability test. The EPA has interpreted existing regulations to indicate that only emissions increases may be considered in Step 1, […]

Hard-rock mining

Hard-Rock Mining Not Subject to Financial Responsibility Rule

If a federal agency proposes a regulation and then subsequently declines to promulgate that regulation, is the second action arbitrary and capricious because it is not a “logical outgrowth” of the proposal, that is, because the option not to regulate is not sufficiently discussed in the proposal?

Fall protection, PPE

OSHA Will Not Reconsider Arizona State Plan Over Fall Protection Conflicts

OSHA will no longer pursue reconsideration of Arizona’s occupational safety and health program, the agency announced in a July 26 Federal Register (FR) notice (84 FR 35989). OSHA had proposed pulling its approval of the state program over a state fall protection statute that failed to align with federal standards.