Audit, Compliance and Risk Blog

On November 21, 2024 the Environmental Protection Agency (EPA) published its “National Strategy to Prevent Plastic Pollution.” This Strategy finalizes a draft issued in May 2023 (which I wrote about HERE). EPA notes that over the last 20 years, the global annual production of plastic products and generation of plastic waste have both more than doubled, and are projected to triple again by 2060. North America both produces and consumes roughly 19% of global plastics.  To address these issues, the Strategy identifies a set of voluntary actions intenraftded to reduce the volumes of plastic wastes that end up disposed or discarded within the US. EPA describes these measures, and the agency’s related activities, as “an ambitious, equitable approach to reduce and recover plastics and other materials.”  The remainder of this note summarizes the 74 pages of the Strategy. 

New Jersey's Spill Compensation and Control Act (Spill Act) was enacted in 1977, establishing broad responsibilities for entities that handle hazardous substances, including reporting and cleanup by those responsible for contamination. (The Spill Act predated and helped inspire the national Superfund law (Comprehensive Environmental Response, Compensation, and Liability Act of 1980). The Act also provides limitations on liability in some circumstances, notably for entities that acquire land that is already contaminated. The Spill Act is administered by the New Jersey Department of Environmental Protection (DEP). On October 21, DEP proposed to expand Spill Act reporting responsibilities to all entities that discover contamination, including those conducting site evaluations as part of their due diligence – “All Appropriate Inquiries” – in support of possible property transfers. 

Working in excessive heat can cause illness, whether outdoors (this summer again brought record-breaking heat to parts of North America), or indoors where equipment, combustion or other factors raise ambient working temperatures. Occupational safety and health agencies have slowly been expanding explicit requirements that employers protect their workers against heat stress. Most recently, the Maryland Department of Occupational Safety and Health (MOSH) adopted Heat Stress Standards effective September 30, 2024 (COMAR 09.12.32).

In the early 1980s, serious groundwater contamination incidents arising from leaking underground storage tanks (USTs) prompted federal and state lawmakers to issue standards for UST construction, installation, and removal, and to require the registration and monitoring of USTs. In 1984, Congress adopted a national program to regulate USTs storing petroleum and hazardous substances (“federal UST Law”).  The US Environmental Protection Agency (EPA) creates national standards, which are implemented under delegation by states, the District of Columbia, and territories). The remainder of this note summarizes federal UST requirements; states can generally establish and administer stricter requirements.  

California has just enacted the first statewide “extended producer responsibility” (EPR) law addressed to “apparel” and “textile articles” (“Responsible Textile Recovery Act of 2024” (SB 707, Newman). SB 707 will require manufacturers of targeted materials to ensure their recovery and recycling. California’s new program will be administered by the state Department of Resources Recycling and Recovery (CalRecycle), which oversees solid waste management (including recycling and other EPR programs) in the state.  The EPR approach to recycling – also called “product stewardship” –has been extending to new waste streams in recent years; the national advocacy group Product Stewardship Institute identifies 141 such programs spread among 33 US states (I provide an overview of these US state efforts HERE). The remainder of this note summarizes this new law. 

Radon gas is released naturally by radioactive decay within rock formations, from where it can percolate to the surface and infiltrate basement and trenching, and then produce hazardous concentrations if trapped or spread throughout the structure by the ventilation system. Because of its radioactive origin, radon can pose health risks – it’s the leading cause of lung cancer in non-smokers. The US Environmental Protection Agency (EPA) administers extensive information programs, which encourage in-building testing (especially in housing), and provides guidance for hazard reduction. EPA’s authority derives primarily from the Indoor Radon Abatement Act of 1988 (codified as Title III of the Toxic Substances Control Act (TSCA)). In addition, the Occupational Safety and Health Administration (OSHA) considers radon a type of ionizing radiation subject to worker protection requirements. The remainder of this note provides background to radon hazards and their management, referencing information from EPA, OSHA and other agencies and professional organizations. 

The US Environmental Protection Agency’s (EPA’s) Indoor Air Quality (IAQ) program offers guidance how to use ventilation to help prevent the spread of respiratory viruses in “indoor public spaces” including offices and commercial locations. As north America approaches winter months when more people spend more time indoors, it’s a good time to review these suggestions. The rest of this note summarizes EPA guidance. 

On September 27, 2024, California’s governor Gavin Newsom signed Senate Bill (SB) 219, amending greenhouse gas (GHG) emission reporting requirements for targeted organizations doing business in the state, enacted in 2023 (SB 253 (Wiener) (Climate Corporate Data Accountability Act) and SB 261 (Stern)) and initially scheduled to require compliance beginning January 1, 2025. (I wrote about them HERE) SB 219 revises and delays emissions reporting requirements. The revised requirements will still be administered by the California Air Resources Board (ARB), expanding its longstanding air quality and climate authority (GHG provisions center on the Global Warming Solutions Act of 2006 ((AB 32)). The remainder of this note discusses the revisions made by SB 219. 

In recent years, the US Environmental Protection Agency (EPA) has reviewed its overlapping responsibilities to regulate pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and to protect endangered and threatened species under the Endangered Species Act (ESA). In August, EPA completed its latest step in these efforts by issuing its “Herbicide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of Conventional Agricultural Herbicides” (Herbicide Strategy). The rest of this note summarizes the Herbicide Strategy, and provides context regarding EPA’s FIFRA and ESA authorities. 

In October, the US Occupational Safety and Health Administration (OSHA) and other federal agencies reacted to hurricanes in the Southeast by re-highlighting existing guidance to support preparation for potential hurricanes, and to respond if one occurs. OSHA’s guidance is directed at employers, the National Oceanic and Atmospheric Administration (NOAA) and the Environmental Protection Agency (EPA) provide more generalized guidance, and the Centers for Disease Control and Prevention (CDC) target families. The rest of this note summarizes this timely information, centering on OSHA’s offerings.