Audit, Compliance and Risk Blog

As the 2024 Presidential election enters its final stages, both major parties have published their election platforms. The Democrats have published a total of 91 pages covering all their promises, and the Republicans have published 16 pages. In 2020, the Democrats also published 91 pages, while the Republicans instead adopted a resolution promising continuity with ongoing Trump administration priorities (I wrote about the 2020 pronouncements HERE ). The remainder of this note summarizes the environmental elements in both parties’ 2024 platforms. Both documents conform to the parties’ general priorities, with the Democrats emphasizing continuing and expanding environmental policies of the most recent years while the Republicans promise to reduce regulatory burdens in line with returning to the policies of their most recent administration.

Canada has just imposed restrictions against false or misleading statements made in marketing or other materials regarding the environmental impacts and benefits of goods and services -- “greenwashing.” These provisions were adopted as amendments to the Competition Act, enacted as part of the Government’s omnibus “Fall Economic Statement Implementation Act, 2023” (Bill C-59), which received royal Assent on June 20.  

In July, the US Environmental Protection Agency (EPA) issued the fifth edition of its periodic Climate Change Indicators report, focusing on Indicators related to the human health and societal impacts of climate change. While this 96-page report provides broad policy discussions, it applies data which calibrate ongoing changes that organizations can use to support evaluations of the possible impacts of these changes on their ongoing activities and future prospects. The remainder of this note summarizes EPA’s latest indicators, and how they can be relevant to organizational planning and decision-making.

The 2016 amendments to the Toxic Substances Control Act (TSCA) added procedures for the Environmental Protection Agency (EPA) to evaluate risks presented by existing chemicals using the latest scientific information – including information developed after a chemical entered use in the US. Based on these reviews, EPA is to update its regulatory requirements, ranging from labeling-only through use restrictions up to and including bans from further distribution and use. (I summarized these review requirements HERE ).  Beginning in November 2019, EPA regularly announces new chemical reviews, and subsequently the results of these reviews. (I wrote about the first review announcement HERE ). On July 25, 2024 EPA published a formal proposal to review 5 additional chemicals for designation as High-Priority Substance subject to strict controls under TSCA. The rest of this note identifies these proposed chemicals.

In June, the US Occupational Safety and Health Administration (OSHA) and other federal agencies reacted to flooding in Florida by re-highlighting existing guidance to support preparation for potential flooding this summer, and to respond when it occurs. OSHA’s guidance is directed at employers, while the National Weather Service (NWS) provides 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.

On May 8, 2024, the Environmental Protection Agency (EPA) published rule revisions adding two perfluoro chemicals -- Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) – as hazardous substances under the federal Superfund law (Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)). This listing is the latest regulatory action by EPA tightening controls on per- and poly-fluoroalkyl substances (PFAs); the initiatives are covered under the agency’s “PFAs Strategic Roadmap: EPA’s Commitments to Action 2021—2024,” promulgated in October 2021. The remainder of this note describes the latest action, which finalizes a proposal issued in August 2021 (which I wrote about HERE).

On Mrbonbonay 28, the Biden administration issued a “Joint Statement of Policy and new Principles for Responsible Participation in Voluntary Carbon Markets, presenting the U.S. government’s approach to advancing Voluntary Carbon Markets (VCMs). The new document was signed by the Treasury Secretary, Agriculture Secretary, Energy Secretary, Senior Advisor for International Climate Policy, National Economic Advisor, and National Climate Advisor, whose responsibilities are most relevant. 

Regulatory and market-based programs are steadily increasing opportunities for entities to contract with projects that reduce emissions of carbon dioxide and other greenhouse gases (GHGs), and to claim credit for those “carbon offsets” or “carbon credits.” Some such claims are used to satisfy formal air quality and GHG reduction requirements, while others are touted to enhance entities’ “green” credentials. Programs around the globe compile such claims, and some provide third party validations – but possible “greenwashing” of unjustified claims remains a significant concern. The new VCM Policy and Principles provide federal guidance and expectations. The remainder of this note summarizes the policy perinciples presented in the new Policy.

On March 28, 2024, the Environmental Protection Agency (EPA) published phase-out schedules leading to a ban on the remaining permissible uses of chrysotile no later than December 31, 2037. EPA applies expanded authority provided as part of amendments adopted to the Toxic Substances Control Act (TSCA) in 2016; EPA first attempted to ban asbestos products in 1989 but was partially blocked by litigation. These rules finalize a proposal from April 2022 (which I wrote about HERE). The remainder of this note discusses the rule, and the history of this round of rulemakings since 2016.

On April 25, 2024, the US Environmental Protection Agency (EPA) published very extensive technical revisions to its Greenhouse Gas Reporting Program (GHGRP), which requires thousands of facilities and organizations to report annual emissions of greenhouse gases (GHGs) (40 CFR part 98). These revisions finalize proposals published in June 2022 and May 2023. (I wrote about the second set HERE). The remainder of this note summarizes these changes. (I’ve written about EPA’s mandatory GHG reporting program several times, including HERE).

On March 28, 2024, the US Environmental Protection Agency (EPA) adopted requirements that qualifying onshore non-transportation-related facilities prepare Facility Response Plans (FRPs) to address possible “worst case” discharges of hazardous substances into navigable waters or related areas. These new requirements fulfill a mandate imposed in 2020 after environmental groups successfully sued EPA for failing to issue such rules in the 30 years following 1990 amendments to the Clean Water Act (CWA) directed EPA to do so (Environmental Justice Health Alliance for Chemical Policy Reform, et al. v. EPA). The rest of this note discusses these new requirements, in the context of CWA facility preparation requirements.