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EPA Chemical Facility Anti-Terrorism Standards Lapse

It has now been more than six months since Congress allowed the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program (6 CFR Part 27) to expire on July 28, 2023. EPA recently advised all...more

New Day at EPA

Since the November presidential election, most trade journals have expressed the same or similar headlines: “The Joe Biden/Kamala Harris administration will elevate enforcement for violation of environmental rules and...more

Enforcement Trends Under The Clean Air Act's General Duty Clause

Comprehensive Risk Management Plans (RMP) under Section 112(r) the Clean Air Act (Act) are not just required for facilities processing listed regulated substances in excess of regulatory thresholds. Recent EPA enforcement...more

OSHA Reporting and Recordkeeping for COVID-19 at the Workplace

Employers may be liable for failing to file incident reports and properly record employees affected by COVID-19 on OSHA 300 and 300A logs. If it can be shown the illness is contracted at work, OSHA may expect the illness to...more

EPA Revises Controversial RMP Regulations

EPA recently issued a final rule containing much-debated revisions to the Clean Air Act 112(r) Risk Management Program (“RMP”). The rule rescinds or modifies a substantial number of existing requirements, including...more

Environmental Notes - February 2020

It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more

Refrigeration Systems Targeted: Risk Management Plans and Release Reporting

Companies operating ammonia refrigeration systems are easy targets for EPA under a number of environmental programs. Recent history suggests release reporting under Section 112(r) of the Clean Air Act (CAA) and under the...more

EPA Proposes Further Delay of Revised RMP Rule

As we reported in the April issue of Environmental Notes, the Trump administration issued a final rule on March 16, 2017 that delayed the effective date of regulations making significant changes to requirements applicable to...more

OSHA Extends Process Safety Management Standard Compliance Date for Bulk Chemical Distributors

OSHA has come full circle…almost. In a December, 2015 revised interim enforcement memorandum, the agency indicated it will not enforce the Process Safety Management (PSM) Standard for “highly hazardous chemicals” (HHC)...more

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