Audit, Compliance and Risk Blog

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.

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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.

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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).

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

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.

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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.

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Tags: Environmental risks, Environmental, EPA, clean water

OSHA Revises Respiratory Protection Requirements

Posted by Jon Elliott on Tue, Nov 05, 2019

The Occupational Safety and Health Administration (OSHA) requires employers to evaluate whether air quality in their workplaces requires respiratory protection for workers, and to establish comprehensive evaluation and respiratory protection programs where necessary. In September, OSHA issued minor revisions to its respiratory protection requirements provisions for general industry (29 CFR 1910.134), adding two new quantitative fit testing protocols. Because of these changes,  now is a good time for employers to review requirements and compliance programs.

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Tags: Employer Best Practices, Health & Safety, OSHA, Employee Rights, Environmental risks, EHS

EPA’s Superfund Task Force Issues Final Report

Posted by Jon Elliott on Tue, Oct 29, 2019

In May 2017, the Environmental Protection Agency (EPA) convened a task force of career professionals to evaluate the agency’s Superfund cleanup policies and make recommendations for improvements. The Task Force issued recommendations in December 2017  (I wrote about them here), and has now issued its final report. The report includes multiple examples of accomplishments related to each of the Task Force’s five goals.

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Tags: Environmental risks, Environmental, EPA, site auditing

Feds Issue Nationwide Motor Vehicle Greenhouse Gas Standards and Declare California’s Standards to be Preempted

Posted by Jon Elliott on Tue, Oct 22, 2019

The federal government has taken another step in its car wars with California. Late in September the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) issued joint rules declaring NHTSA’s preemptive authority to set national standards covering greenhouse gas (GHG) emissions from petroleum-fueled vehicles and electric vehicles, and revoking a waiver from EPA that lets California set such standards.

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Tags: California Legislation, Environmental risks, Environmental, EPA, ghg, Transportation, greenhouse

Department of Justice Reemphasizes its Disfavor for Supplemental Environmental Project Agreements with State and Local Governments

Posted by Jon Elliott on Tue, Oct 15, 2019

Since President Trump took office, the US Department of Justice (DOJ) has taken repeated steps to restrict federal attorneys from negotiating settlements in which defendants agree to conduct “supplemental environmental projects (SEPs)” in exchange for reduced formal penalties for the noncompliance that led to the agency investigation and enforcement. Proponents see SEPs as a way to promote environmental and health values by encouraging defendants to undertake projects that wouldn’t occur otherwise in order to reduce or eliminate civil and/or criminal liability. Opponents see them as rogue efforts in which prosecutors substitute their own judgment for the statutory and regulatory directives that are supposed to guide their actions.

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Tags: Business & Legal, Environmental risks, Environmental, EHS, EPA, clean water

Chemical Safety Board To Work on Accident Reporting Regulations

Posted by Jon Elliott on Tue, Oct 01, 2019

Among nearly one thousand pages of expansions to Clean Air Act (CAA) requirements, the 1990 CAA Amendments legislation provided for the creation of a national agency to conduct independent investigations of major chemical accidents, to issue accident-specific findings and specific or general recommendations for improved chemical handling and regulation, and to establish chemical accident reporting regulations.  This agency’s formal name is the Chemical Safety and Hazard Investigation Board – which usually refers to itself as the Chemical Safety Board or CSB. CSB was finally funded and began work in federal Fiscal Year (FY) 1997-1998.

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Tags: Health & Safety, Environmental risks, Environmental, Hazcom, CAA, csb