Category: Regulatory Developments

EPA Releases 2021 TRI Analysis

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, […]

EPA Proposes Stronger Wastewater Discharge Standards for Coal-Fired Power Plants

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 […]

Cal/OSHA Proposes Indoor Heat Standard

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 […]

National Drinking Water Standard for PFAS

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 […]

Z359.14-2021: Understanding the Biggest Changes to ANSI’s Self-Retracting Devices Standard

In 2020, one-fifth of all workplace deaths in the United States occurred in the construction industry. Of those deaths, more than one-third resulted from a fall to a lower level (Bureau of Labor Statistics). While it’s easy to dismiss these troubling statistics if your organization operates in a different industry, construction is far from the […]

DOJ’s Updated Voluntary Self-Disclosure Policy

In March 2023, the Environmental Crimes Section (ECS) of the U.S. Department of Justice (DOJ) Environment and Natural Resources Division (ENRD) issued revisions to its Voluntary Self-Disclosure (VSD) Policy. The revisions set forth: Standards for what constitutes a VSD of misconduct to the ECS, A description of benefits ECS prosecutors will confer on companies that […]

California GHG Emissions Regulations Waiver Under Fire

Four petitions for review were filed in the D.C. Circuit Court of Appeals challenging the EPA’s reinstatement of the waiver that allows the State of California to regulate greenhouse gas (GHG) emissions from motor vehicles. The case presents significant questions regarding state and federal sovereignty, and any decisions reached in the matter have the potential […]

Shell Board Members Personally Sued Over Claims of Mismanaged Climate Strategy

ClientEarth filed suit in February 2023 in the Court of England and Wales against the board members of Shell PLC for failing to manage the material and foreseeable risks posed to the company by climate change. The lawsuit, the first known attempt to hold board members personally liable, “alleges Shell’s 11 directors have breached their […]

Air Products Wins Court Battle to Resume Louisiana Carbon Sequestration Project

A decision reached in a federal court in Air Products v. Livingston Parish is predicted to set precedence across the United States for carbon sequestration projects. In this matter, in 2021, Air Products Blue Energy LLC announced it was building a $4.5 billion clean energy complex that would span several parishes near Baton Rouge, Louisiana. […]