Category: Regulatory Developments

TSCA and TRI Complexities with the Increased Focus on PFAS

The EPA recently announced its framework for addressing new per- and poly-fluoroalkyl substances (PFAS) and new uses of PFAS and published its final rule adding nine new PFAS to the Toxics Release Inventory (TRI). These actions advance the goals of the Agency’s PFAS Strategic Framework. New framework to prevent unsafe new PFAS from entering the […]

Revisions to Endangered Species Act Regulations

Biden administration officials announced final regulations to allow the easier relocation of animals and plants outside of their historical habitats. This action is considered a last resort measure for species that are on the verge of extinction due to climate change. “The U.S. Fish and Wildlife Service has finalized revisions to section 10(j) regulations under […]

OSHA Moving Forward on Six Economically Significant Rules

On July 27, the Department of Labor (DOL) published its regulatory flexibility agenda of rulemakings likely to have a significant economic impact on small entities, including six Occupational Safety and Health Administration (OSHA) rulemakings (88 Fed. Reg. 48576). OSHA plans to issue proposed rules for two of the six by the end of the year. […]

EHSDA Shorts: Updating Safety Standards

On this week’s episode of EHSDA Shorts, we hear from Scott Selasky, Corporate OSHA and Workers Compensation Manager at L&F Distributors, on his thoughts about the importance of updating safety standards. Tune in to hear his insights.

CourtWatch: D.C. Circuit Hands Trade Associations Win in HFC Case

In June 2023, the D.C. Circuit Court of Appeals issued an opinion in Heating, Air Conditioning & Refrigeration Distributors International, et al. v. EPA that eliminated the Agency’s authority to enact “complementary” implementation measures regarding the regulation of hydrofluorocarbons (HFCs) and hydrofluoroolefins (HFOs). The ruling also upheld the EPA’s authority to regulate HFCs and HFOs. […]

EPA Proposes New Restrictions on Carbon Tetrachloride

On July 17, 2023, the EPA announced proposed new regulations for the solvent carbon tetrachloride (CTC). The proposed regulations would impose new restrictions and ban some uses of CTC to better protect workers and communities. CTC is a solvent used in commercial settings as a raw material for producing other chemicals like hydrofluoroolefins (HFOs) used […]

EJ Permitting Bill Advances Through PA House

Last month, a Pennsylvania House of Representatives committee approved H.B. 652, a bill that would require developers of proposed industrial projects to be located in environmental justice (EJ) areas to develop and submit cumulative impact statements of the projects. “Environmental racism is a longstanding issue in the commonwealth,” Pennsylvania State Representative Donna Bullock said, according […]

OSHA Proposes Revisions to Construction PPE Rule

On July 20, the Occupational Safety and Health Administration (OSHA) proposed revising the agency’s construction industry personal protective equipment (PPE) standard to require that PPE properly fit affected employees (88 Fed. Reg. 46706). OSHA’s general industry and maritime PPE standards explicitly require that PPE fit properly, according to the agency, and the proposal would clarify […]

ERCOT Granted Sovereign Immunity

In June 2023, the Texas Supreme Court narrowly ruled that the Electric Reliability Council of Texas (ERCOT) is protected by sovereign immunity laws, which generally protect government entities from civil lawsuits. In a 5–4 ruling, the all-Republican court found that ERCOT, which manages most of Texas’s power grid, qualifies for sovereign immunity because it “provides […]

Cal/OSHA Conducting Targeted Heat Inspections

On July 12, the California Division of Occupational Safety and Health (Cal/OSHA) announced it’s conducting targeted inspections to protect workers from heat illness during a heat wave forecast to affect parts of the state over several days. “Our team is out in full force, conducting targeted high heat inspections with a focus on construction, agriculture, landscaping, […]