Audit, Compliance and Risk Blog

New EPA Policy Redefines “Ambient” Air on Stationary Source Sites

Posted by Jon Elliott on Tue, Jan 28, 2020

Although a major focus of the Clean Air Act (CAA) is the definition, attainment and maintenance of national ambient air quality standards (NAAQSs), the statute doesn’t define the term “ambient air.” This gap leaves the Environmental Protection Agency (EPA) to develop regulatory and policy definitions that delimit the reach of CAA authority. Since 1971, EPA’s definition defines “ambient air” as “that portion of the atmosphere, external to buildings, to which the general public has access.” EPA also provides additional details in a series of policy documents, which have just been updated with a  memorandum from EPA Administrator Wheeler to expand the exclusions for onsite air.

Read More

Tags: Business & Legal, Environmental risks, Environmental, EPA, CAA

The Court of Appeal Has Spoken: Safety Must Come First at the Port of Montréal’s Terminals

Posted by Justine B. Laurier on Tue, Jan 21, 2020

On September 12, 2019, the Québec Court of Appeal rendered its ruling in the case of Singh c. Montreal Gateway Terminals Partnerships1, upholding the decision rendered in first instance by the Honourable Justice André Prévost of the Superior Court. This case opposed the right to freedom of religion and the requirements of health and safety in locations like marine terminals, where safety is a major issue.

Read More

Tags: Business & Legal, Canadian, directors, directors & officers

Chemical Safety Board Proposes Accident Reporting Regulations

Posted by Jon Elliott on Tue, Jan 14, 2020

The federal Chemical Safety and Hazard Investigation Board – which usually refers to itself as the Chemical Safety Board or CSB – began operations in 1998. CSB conducts independent investigations of major chemical accidents, issues accident-specific findings, and offers specific or general recommendations for improved chemical handling and regulation (I wrote about one set of proposals here). Since its authorization in the 1990 Clean Air Act (CAA) Amendments, CSB has also had authority to establish chemical accident reporting regulations.

Read More

Tags: Environmental risks, Environmental, Hazcom, RCRA, CAA, csb

EPA Completes Re-Revisions to Accidental Release Prevention Rules

Posted by Jon Elliott on Mon, Dec 23, 2019

On November 20, 2019, the Environmental Protection Agency (EPA) completed its latest review and revisions to the Accidental Release Prevention (ARP) program for toxic catastrophe prevention under the Clean Air Act (CAA). These changes complete the Trump Administration’s review and repeal of most changes enacted during the Obama Administration, returning ARP requirements to roughly the point they were at before 2016. The remainder of this note summarizes these changes.

Read More

Tags: Business & Legal, Environmental risks, Environmental, EPA, Hazcom, CAA

EPA Adds Aerosol Cans to Universal Wastes

Posted by Jon Elliott on Thu, Dec 19, 2019

The Resource Conservation and Recovery Act (RCRA) assigns the US Environmental Protection Agency (EPA) to define and then regulate “hazardous wastes.” RCRA provides EPA considerable discretion, and one way the agency applies that discretion is by separating hazardous wastes into categories that are subject to distinct waste management requirements. One basis for these categorizations is relative risk – since 1995, EPA has defined a limited set of lower-risk wastes as “universal wastes” subject to special rules intended to encourage recycling (40 CFR part 273).

Read More

Tags: Environmental risks, Environmental, EPA, Hazcom, RCRA

Protecting Workers Working Alone

Posted by Jon Elliott on Tue, Dec 17, 2019

If it’s true that “there’s safety in numbers,” it’s just as true that employees working in isolation risk more severe consequences from most incidents.  Worker protection laws have long recognized this truism in industrial settings where medical emergencies, accidents, or even “bad air” can be fatal to a lone worker who could readily be rescued by co-workers were any present. In recent years, worker protection agencies in most Canadian provinces have adopted requirements to protect “workers working alone or in isolation.” The movement has spread to the United States, including a special focus on hotel workers. Because of these trends, now is a good time to review requirements and compliance programs.

Read More

Tags: Business & Legal, Health & Safety, OSHA, Workplace violence

EPA Seeking to Enhance Water Quality Trading

Posted by Jon Elliott on Thu, Dec 12, 2019

For nearly 30 years, environmental regulation has included examples of market-like mechanisms, where overall pollution limits (“budgets”) are set and individual sources assigned trade-able “emission credits” that can be traded among sources as they negotiate the most efficient pathways to overall reduction necessary to meet the budget. Although proliferating “cap and trade” systems for greenhouse gases are probably the most widely known, other examples abound.

Read More

Tags: Environmental risks, Environmental, EPA, clean water

EPA Proposes to Revise Rule Governing Lead in Drinking Water

Posted by Jon Elliott on Tue, Dec 10, 2019

Since 1991, Safe Drinking Water Act’s (SDWA) Lead and Copper Rule (LCR) has required public water systems (PWSs) to take steps to protect their customers from hazardous levels of lead in drinking water. Even before the highly-publicized crisis in Flint, Michigan, the Environmental Protection Agency (EPA) was working to update and expand LCR’s protective measures. These efforts include a 2016 White Paper announcing the “urgent need” for revisions, describing key issues and possible revisions, and projecting a proposal to issue extensive LCR revisions during 2017. However, after President Trump assumed office, EPA’s priorities shifted and the agency delayed action (I summarized the existing LCR and wrote about EPA’s regulatory delay here). In November 2019, EPA proposed LCR changes, which I summarize below.

Read More

Tags: Environmental risks, Environmental, EPA, clean water

Recent Confirmation That Canadian Directors Can Consider Non-Shareholder Interests

Posted by Jon Elliott on Tue, Dec 03, 2019

The most basic principle of corporate directorships is that the directors have a fiduciary duty to act in the best interests of their corporation. It has followed closely that directors should serve the best interests of the shareholders – in most circumstances this means all the shareholders, not the majority or some faction to which a director might owe allegiance. Although it’s not so clear how expansively directors should interpret those corporate interests, the trend is toward consideration of more groups of “stakeholders.” The past year has seen important reinforcements for that trend.

Read More

Tags: Corporate Governance, Business & Legal, Canadian, corporate social responsibility, directors, directors & officers

Protecting Workers During Holiday Sales Events

Posted by Jon Elliott on Tue, Nov 26, 2019

As we approach the winter holidays, retailers everywhere are planning their biggest cycles of annual sales. One doesn’t have to be a grinch to notice that these events can introduce additional hazards for retail employees – and for others who may be shopping. It’s therefore a good time to review guidance for managing these hazards, which was promulgated by the Occupational Safety and Health Administration (OSHA) in 2012. This guidance followed a national review after a highly-publicized incident during which a worker at a Long Island Walmart was trampled to death by a crowd mobbing the store’s Black Friday (day after Thanksgiving) sales event in 2008. OSHA determined that Walmart should have anticipated crowd-related hazards, and fined the company for a violation of the Employer’s General Duty Clause (I wrote about this here)

Read More

Tags: Business & Legal, Employer Best Practices, Health & Safety, OSHA, Employee Rights, EHS, Workplace violence