Category: Regulatory Developments

FMCSA Seeks Input on Bus, Truck Electronic IDs

On September 23, the Federal Motor Carrier Safety Administration (FMCSA) asked for stakeholder input on a plan to require commercial motor vehicles (CMVs) to be equipped with electronic identification (ID) technology capable of wirelessly communicating a unique ID number to the agency (87 Federal Register (FR) 58049).   The FMCSA said it is considering regulatory […]

Stricter Air Quality Regulations Ahead for Several States

Having failed to reach the 2008 National Ambient Air Quality Standards (NAAQS) for ground-level ozone by July 20, 2021, the EPA announced a final proposed action to downgrade the following five regions from “Serious” nonattainment status to “Severe”: Dallas-Fort Worth, TX Denver-Boulder-Greeley-Ft. Collins-Loveland, CO Houston-Galveston-Brazoria, TX Morongo Band of Mission Indians, CA New York-N. New […]

FMCSA Seeks Input on Logging Device Regulations

On September 16, the Federal Motor Carrier Safety Administration (FMCSA) issued a request for comments on its electronic logging device (ELD) regulations for commercial motor vehicles (CMVs) (87 Federal Register (FR) 56921). In an advance notice of proposed rulemaking, the agency revealed it is considering changes in the applicability for pre-2000 engines, addressing ELD malfunctions, […]

OMB Says EPA Proposed Rule to Designate PFAS As Hazardous Will Be Costly

The EPA’s proposed rulemaking to designate two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hit a snag after its Office of Management and Budget (OMB) review. The review identified the proposal as “economically […]

New SNUR Requirements Will Better Protect Worker Health

In July 2022, the EPA finalized amendments to its requirements for Significant New Use Rules (SNURs) to better protect the health of workers. One of the uses of SNURs is to require notice to the EPA before chemical substances and mixtures are used in new ways that might create health concerns. These amendments strengthen requirements […]

West Virginia Case Raises Questions About the Future of Administrative Law

Much news has been written about the U.S. Supreme Court’s (SCOTUS) June 2022 decision in West Virginia v. EPA. There have been dire headlines and equally dark predictions about what limited regulatory authority lies ahead for the EPA. In reality, the ruling has little to no impact on current EPA regulations. However, careful analysis of […]

Biden Gets Climate Win With IRA Passage

After passing the House and Senate, President Joseph Biden Jr. signed the Inflation Reduction Act (IRA) of 2022 into law on August 16, 2022. Although significantly pared down from its predecessor, the Build Back America bill, it is the largest federal commitment to date to address climate change. The law provides $369 billion in funding […]

OSHA Weighs Broadening PSM Standard’s Scope

The Occupational Safety and Health Administration (OSHA) is weighing changes to its process safety management (PSM) standard, including expanding it to include oil- and gas-well drilling and servicing, according to the agency’s August 30 announcement of an informal stakeholder meeting (87 Federal Register (FR) 53020). The PSM standard, which requires employers to implement safety programs […]

OSHA Reopens Comment on Arizona Plan Approval

On August 12, the Occupational Safety and Health Administration (OSHA) announced a limited reopening of comment on the agency’s proposed revocation of approval for Arizona’s workplace safety and health program (87 Federal Register (FR) 50025). The federal agency also postponed a public hearing on the issue. On April 21, the agency proposed revoking its final […]

OSHA Approves Massachusetts Developmental Plan

On August 18, the Occupational Safety and Health Administration (OSHA) approved Massachusetts’ developmental health and safety program (87 Federal Register (FR) 50766). OSHA has determined Massachusetts’ program will be at least as effective as the federal program in protecting the safety and health of state and local government workers. The initial approval is based on […]