Category: Regulatory Developments

Energy infrastructure

Proposed Affordable Clean Energy Rule Polarizes Stakeholders

Public comment on the EPA’s proposed Affordable Clean Energy (ACE) rule closed October 30, 2018, and, as expected, the thousands of responses highlighted the radically diverse opinions on coal-fired energy and climate change held by Americans and industry stakeholders. The ACE proposal (August 31, 2018, Federal Register (FR)) comprised revisions of three existing regulations contained […]

Power Plant Fossil Fuel Ozone

Pollution Transport Rule: Good Neighbor Obligations May Be Gone in 2023

The EPA’s implementation of Clean Air Act (CAA) Section 110(a)(2)(D)(i)(I), also known as the Good Neighbor Provision, has been a source of conflict among the Agency, the states, industry stakeholders, and public health and environmental interest groups. That trend is continuing with the Agency’s latest action, a final rule that establishes that 20 eastern states […]

Construction machinery

EPA Proposes Clarifications for Construction General Permit

Responding to petitions for review from the National Association of Home Builders and the Chesapeake Bay Foundation, the EPA is proposing modifications to its 2017 Construction General Permit (CGP). The CGP comprises National Pollutant Discharge Elimination System (NPDES) requirements for construction site operators disturbing 1 or more acres of land or less than 1 acre […]

Amendments to Human Subject Regs Proposed by EPA

The EPA has proposed a set of amendments to regulations governing the protection of human research subjects. These regulations at 40 Code of Federal Regulations (CFR) Part 26 comprise multiple subparts that can be divided into two groups—Subpart A is the Common Rule federal agencies have adopted to ensure the protection of human subjects involved […]

Beryllium symbol - Be. Element of the periodic table zoomed with magnifying glass

A Closer Look at OSHA’s Proposed Beryllium Revisions

OSHA’s proposed amendments to its 2017 revised standard to protect workers in general industry exposed to beryllium would not amend the two central parts of that rule—a new permissible exposure limit (PEL) for beryllium of 0.2 micrograms per cubic meter (µg/m3) of air averaged over 8 hours and a new short-term exposure limit for beryllium […]

Environmental Protection Agency sign

Final Hazardous Waste Pharmaceutical Rule Issued by EPA

Signed by the EPA Administrator on December 11, 2018, EPA announced on December 13 that it is issuing the long-awaited final rule to manage hazardous waste pharmaceuticals generated by healthcare facilities (including hospitals, clinics, and retail stores with pharmacies) and reverse distributors.

WOTUS river

Agencies’ Proposal Seeks to Replace WOTUS Definition

With the release of their proposed redefinition of the Clean Water Act (CWA) term waters of the United States (WOTUS), the EPA and the Army Corps of Engineers are, technically at least, midway in their journey toward replacing the Obama administration’s 2015 WOTUS definition. The prepublication version of the proposal is available here.

Beryllium

Revisions to Beryllium Rule Proposed by OSHA

OSHA has announced a proposed rule to revise the beryllium standard for general industry. According to the agency, the proposed changes are designed to clarify the standard and to simplify or improve compliance with the standard. The proposal is scheduled to be published in the Federal Register on December 11.

air emissions, pollution

EPA Issues Implementation Requirements for 2015 Ozone NAAQS

After grumbling that it intended to resist implementing the revised National Ambient Air Quality Standards (NAAQS) for ozone it issued in 2015, in August 2018, the EPA informed a federal court that it had decided to uphold and defend the NAAQS as they had been promulgated. That decision set in motion the Agency’s responsibility to […]

Bill to Protect Healthcare Workers Introduced by Connecticut Rep

In mid-November 2018, Rep. Joe Courtney (D-CT) introduced legislation that would set a deadline for OSHA to issue the first national standard requiring that healthcare and social service employers develop and implement a comprehensive workplace violence prevention plan. The bill was referred to the House Committee on Education and the Workforce; the legislation has 22 […]