Category: Regulatory Developments

EPA Proposes Sell-Through Extension for Wood Heaters

Responding to concerns expressed by retailers of certain residential woodburning heaters, the EPA is proposing to provide these entities time to sell these devices beyond what was allowed in the Agency’s 2015 amendments to its New Source Performance Standards (NSPS) covering a range of heaters.

Water discharge

Finalization of NPDES Proposal on the Horizon

In its Fall 2018 Regulatory Agenda, the EPA announced that it plans to finalize by December 2018 a May 2016 proposal intended to update regulations governing the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES).

Crane

Diving a Bit Deeper into OSHA’s Crane Operator Update

OSHA recently promulgated a final rule to ensure the competency of crane operators through training, certification or licensing, and evaluation. Central to the final rule’s provisions is clarification that, in addition to certification of crane operators, employers must continue to evaluate operators for their ability to safely operate equipment. Before the amendments to the standard addressed […]

Oil rig-fracking

Use of Produced Water Faces Federal and State Regulations

As we reported this summer, the EPA has embarked on a study to find alternatives to the common practice of disposing of produced water from oil and natural gas (O&G) development into underground injection wells. Since then, there have been two developments linked to the study.

RCRA Exemption for Airbags Issued

With the issuance of an interim exemption from the Resource Conservation and Recovery Act’s (RCRA) hazardous waste (Subtitle C) requirements, the EPA is playing its part in mitigating risks associated with the recall of Takata’s defective auto airbag inflators.

Crane at construction site

Crane Operator Certification Rule Finalized by OSHA

OSHA has published a final rule in the Federal Register that clarifies certification requirements for crane operators at and maintains the employer’s duty to ensure that crane operators can safely operate the equipment. According to the agency, the final rule will maintain safety and health protections for workers while reducing compliance burdens.

Scientific research

The Differing Views on Environmental Science and Regulation

The EPA’s Strengthening Transparency in Regulatory Science proposal occupies a mere 7 pages in the Federal Register (April 30, 2018), and yet, among scientists, human health and environmental groups, and certain industry organizations, the proposal has been the subject of intense discussion. Congress has also been weighing in on the merits of the proposal.

Industry combustible dust

Combustible Dust: A Call for Action from the CSB

The U.S. Chemical Safety and Hazard Investigation Board (CSB) is once again drawing attention to the hazards of combustible dust in the workplace. As part of its investigation into a May 2017 explosion at a milling facility in Cambria, Wisconsin, which fatally injured five workers and demolished the facility, the CSB has issued a call […]

EPA Seeks Clarity and CARB Alignment with New Formaldehyde Proposal

Responding to requests from manufacturers and Third-Party Certifiers (TPCs) for additional regulatory clarity, the EPA is proposing a suite of technical amendments to its regulations to control formaldehyde emissions from composite wood products. According to the Agency, the proposal would streamline certain required testing and certification provisions required in its final rule (December 13, 2016, […]