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North Dakota Federal District Court Judge Daniel Hovland granted a preliminary injunction that will block the EPA from enforcing its new waters of the United States (WOTUS) rule in 24 states. The ruling comes in response to a lawsuit filed by 24 state attorneys general (AGs). “The group says the EPA’s WOTUS rule ‘goes beyond […]
On May 2, the Department of Transportation (DOT) adopted a rule recognizing oral fluid drug testing as an alternative to urine testing for safety-sensitive positions in all regulated industries, including aviation, motor carrier, rail, and transit. The final rule (88 Fed. Reg. 27596) becomes effective June 1. The final rule harmonizes DOT and Federal Motor […]
In April 2023, the EPA announced a proposed rule to strengthen and update the Mercury and Air Toxics Standards (MATS) for coal-fired power plants, achieving important hazardous air pollutant emissions reductions and ensuring standards reflect the latest advancements in pollution control technologies. If passed, the rule represents the most significant update to date since the […]
On episode 155 of EHS On Tap, John Ho, co-chair, OSHA-Workplace Safety Practice at Cozen O’Connor, talks about OSHA’s new guidance on penalties.
Last month, insurance giant Chubb Limited announced it will require evidence-based reduction of methane emissions from companies seeking underwriting for oil and gas extraction projects. It also announced it won’t provide insurance coverage for oil and gas projects in government-protected conservation areas in the World Database on Protected Areas that don’t allow for sustainable use. […]
In March 2023, an industry challenge to the EPA’s April 2021 Revised Cross-State Air Pollution Rule (CSAPR) Update Rule was rejected by the D.C. Circuit Court of Appeals. The rule required “power plants in 12 upwind states to reduce nitrogen oxide (NOx), an ozone precursor, emissions such that those states did not inhibit downwind states’ […]
The EPA released its 2021 Toxics Release Inventory (TRI) National Analysis on March 16, 2023. The analysis data reveals that environmental releases of TRI chemicals from facilities covered by the program remained below pre-pandemic levels, and releases in 2021 are 10% lower than 2012 releases, even with an 8% increase from 2020 to 2021. Additionally, […]
In March 2023, the EPA proposed strengthening wastewater discharge standards that apply to coal-fired power plants. The proposed rule would establish more stringent discharge standards for three wastewaters generated at coal-fired power plants: Flue gas desulfurization wastewater Bottom ash transport water Combustion residual leachate The proposed rule also addresses wastewater produced by coal-fired power plants […]
On March 31, the California Occupational Safety and Health Standards Board announced it will hold a hearing on May 18 regarding a proposed indoor heat illness prevention standard from the California Division of Occupational Safety and Health (Cal/OSHA). The board will accept public comments until 5 p.m. on May 18. If approved, the proposed standard […]
On March 14, 2023, the Biden-Harris administration announced its proposal for a first-ever National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (PFAS). The legally proposed enforceable limits are 4 parts per trillion (ppt) for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). If finalized as proposed, public water systems (PWSs) have 3 […]