Category: Regulatory Developments

Drinking water

Bipartisan Support for Faster CERCLA Designation for PFAS

In its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan, released in February 2019, the EPA noted that in 2018, it initiated the regulatory development process for listing the two most problematic PFAS—perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).

Water discharge

NAS Report Recommends Sweeping Update of Multi-Sector General Permit

In a 2016 settlement agreement with 10 environmental groups, the EPA committed to providing funds to the National Academy of Sciences, Engineering, and Medicine (NAS) to convene a committee to study the effectiveness of the Agency’s Multi-Sector General Permit (MSGP). The NAS has now published its final report, which includes recommendations to put the MSGP […]

Pharmaceuticals

EPA’s Final Waste Pharmaceuticals Rule Effective August 21

Published in the February 22, 2019 Federal Register, EPA’s long-awaited final rule to manage hazardous waste pharmaceuticals generated by healthcare facilities (including hospitals, clinics, and retail stores with pharmacies) and reverse distributors will go into effect August 21, 2019 in EPA territories and in states that do not have an authorized Resource Conservation and Recovery […]

‘Groundbreaking’ PFAS Plan Floated by EPA

With considerable fanfare, including news conferences in every EPA region, the Agency unveiled its Action Plan for per- and polyfluoroalkyl substances (PFAS), a large class of manufactured chemicals that have proven to be highly effective in many industrial applications and have also spread risks to human health through sources of drinking water across the nation. […]

Whistleblower

Whistleblower ADR Policy Revised by OSHA

OSHA has updated its policies and procedures for Alternative Dispute Resolution (ADR) to resolve whistleblower retaliation complaints. The OSHA directive, CPL 02-03-008, amends an earlier ADR directive, replacing CPL 02-03-006, issued August 18, 2015, and makes changes to terminology and confidentiality procedures for the ADR process.

Lockout Tagout

Could There Be Lockout-Tagout Changes on the Horizon?

OSHA may be planning to explore alternative methods of ensuring workers are protected from sources of hazardous energy (chemical, electrical, hydraulic, mechanical, pneumatic, thermal, and others). OSHA announced plans in the Department of Labor’s (DOL) most recent agenda of regulatory and deregulatory actions to issue a pre-rule request for information (RFI) on alternatives to its […]

Lightbulbs

DOE Looks to Void Lightbulb Definition Expansion

The Department of Energy (DOE) is proposing to withdraw a rule issued in the final days of the Obama administration that expanded the definition of general service lamps (GSLs) and general service incandescent lamps (GSILs).

Environmental Protection Agency sign

Take a Look at EPA’s Proposed National Compliance Initiatives for 2020–2023

Since President Donald Trump occupied the White House, the EPA has been methodically revising its approach to enforcement. One important policy change occurred in summer 2018 when the Agency’s Office of Enforcement and Compliance Assurance (OECA) announced that the National Enforcement Initiatives (NEI) program, the OECA’s triannual prioritization of the country’s top noncompliance problems, would […]

Air pollution

EPA’s NESHAP Proposal Includes No Emission Changes for HCl

The EPA is proposing minor amendments to its National Emission Standards for Hazardous Air Pollutants (NESHAP) for the hydrochloric acid (HCl) production source category. Required under Section 112 of the Clean Air Act, the Agency’s residual risk and technology review (RTR) would find, first, that the 2003 NESHAP for the source category is protective of […]