Category: Regulatory Developments

California Moving Ahead with Delayed Federal Beryllium Standard

Federal OSHA has repeatedly delayed, and most recently reopened the rulemaking for its beryllium standard, creating considerable confusion. Despite that, the California Occupational Safety and Health Standards Board (OSHSB) is moving ahead with adopting the federal beryllium standard. The agency is accepting comments on the proposal, and will also hold a public hearing on July […]

Woodcutting Operations Get New Rules in CA

Two revised Cal/OSHA rules took effect in California at the beginning of July. Although the rulemaking processes for the two rules were separate, they may hit the same group of employers, since one rule expands guarding requirements for underhung saws, and the other reduces the permissible exposure limit for wood dusts.

O&G Rule Cannot Be Stayed, Says D.C. Circuit

In a 2-to-1 majority ruling, the U.S. Court of Appeals for the D.C. Circuit vacated the Trump EPA’s June 2, 2017, 3-month stay of four Clean Air Act (CAA) provisions to control fugitive emissions (leaks) from oil and natural gas (O&G) facilities.

EPA’s Chlorpyrifos Decision Back in the News

EPA’s decision several months ago to deny a petition to revoke all food tolerances for the pesticide chlorpyrifos (April 5, 2017, FR) is back in the news following reports that EPA Administrator Scott Pruitt met with the CEO of Dow Chemical 3 weeks before the order was issued. (Under the Food Quality Protection Act, a […]

Gavel, scales of justice and law books

Stalled Cases May Soon Get Hearings: Trump Nominates Third Review Commission Candidate

The Occupational Safety and Health Review Commission (OSHRC) is an independent body that adjudicates disputes between OSHA and employers over OSHA citations. When an employer contests an OSHA citation, the case is initially heard by an administrative law judge with the Commission. If that judge’s decision is appealed, the three-member Commission may select it for […]

EPA and Corps Move Toward WOTUS Repeal

The EPA and the U.S. Army Corps of Engineers (agencies) have initiated what they describe as a “two-step process” that will result in a revised definition of the Clean Water Act (CWA) term waters of the United States (WOTUS). The first step is a proposed rule that would rescind the Obama administration’s WOTUS definition (June […]

OSHA Proposes Delay of Electronic Recordkeeping Rule to December 1, 2017

The Occupational Safety and Health Administration (OSHA) issued a proposed rule to delay the date by which certain employers are required to submit their completed 300A form electronically from July 1 to December 1, 2017. The Agency is proposing the extension to allow the Trump administration an opportunity to review the requirements of the rule […]

14 AGs File a Motion to Intervene in O&G Methane Case

The case against EPA’s effort to freeze the Agency’s June 2016 New Source Performance Standards (NSPS) imposing air pollution controls the oil and natural gas (O&G) industry expanded when the attorneys general (AGs) of 14 states and the city of Chicago filed a motion to intervene on behalf of the plaintiffs, five environmental groups. “State […]

OSHA Wants to Scale Back Coverage of Beryllium Rules

OSHA proposed on Friday, June 23 to exclude construction and shipbuilding from a final rule issued on January 9, 2017 reducing workers’ exposure to beryllium. The lightweight metal is used primarily in foundry and smelting, composites manufacturing, dental lab work, among other applications. Under the proposal only general industry workplaces would be subject to the […]

AG Sessions Issues Memo Cutting 3rd Party NGOs from SEP Policy

The reach of supplemental environmental projects (SEPs), a 40-year old EPA policy used in enforcement settlements, has been truncated under a recent memo issued by U.S. Attorney General Jeff Sessions. The memo specifically prohibits attorneys in the U.S. Department of Justice (DOJ) from entering into agreements on behalf of the United States, which directs or […]