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Showing 75 posts by Mark N. Duvall.

EPA Delays Effective Date of RMP Rule Amendments, Environmental Groups File Challenge

On June 14, 2017, EPA published a final rule in the Federal Register delaying the effective date of its Risk Management Program (RMP) rule amendment package for twenty months, until February 19, 2019.[1] EPA’s decision was immediately challenged by a coalition of environmental groups. Read More ›

OSHA Indefinitely Delays Electronic Reporting Requirements

Last week, the Labor Department indefinitely delayed enforcement of at least the first phase-in deadline of its electronic reporting requirements for injury and illness logs. Specifically, OSHA’s Injury and Illness Recordkeeping and Reporting Requirements website states that:

OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically. Read More ›

TSCA Nanomaterial Reporting Rule: EPA Delays Effective Date and Releases Draft Guidance for Public Comment

The U.S. Environmental Protection Agency (“EPA”) issued its Draft Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce ( “Draft Guidance”) on May 16, 2017. See 82 Fed. Reg. 22452 (May 16, 2017).  EPA has requested public comment on the Draft Guidance, with public comments due on or before June 15, 2017. Read More ›

OSHA’s “Volks” Rule Invalidated

Last week, President Donald Trump signed a joint resolution passed by the House and Senate overturning the Occupational Safety and Health Administration (“OSHA”) rule titled “Clarification of Employers’ Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness.”[1] The cancellation of the rule effectively means that employers cannot be cited for injury and illness recordkeeping violations older than six months. Read More ›

EPA Stays RMP Rule Amendments and Grants Petition for Reconsideration

The U.S. Environmental Protection Agency has stayed the implementation of a significant revision of the Risk Management Program (RMP) rule pending the receipt of additional comments. Simultaneously, EPA has granted a request for a motion for reconsideration filed by several trade associations whose industry members would be affected by the rule changes, setting up the possibility that EPA will significantly amend the rule or rescind the rule amendment package. Read More ›

TSCA Reform Implementation Update

Eight months have now passed since President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), Pub. Law 114-182, on June 22, 2016.[1]  This historic legislation overhauled the Toxic Substances Control Act (TSCA) for the first time in 40 years.[2]  Attention has now switched to EPA implementation of the new TSCA.  This alert summarizes EPA’s implementation activities and challenges since June 2016 and highlights upcoming milestones. Read More ›

States Consider 51 Bills to Restrict Chemicals in 2017

So far in the 2017 legislative cycle, 16 state legislatures are considering 51 bills seeking to restrict or otherwise regulate chemicals, just 8 months after sweeping changes to the federal Toxic Substances Control Act (TSCA) were signed into law on June 22, 2016. Many of these new state bills follow recurring themes from 2016, while others signal new trends.  The attached  chart provides details regarding active state bills in the 2017 legislative cycle. Read More ›

OSHA Issues New Beryllium Standards

After more than 40 years of trying, the Occupational Safety and Health Administration (OSHA) has published a rule to reduce its occupational exposure limits for beryllium, a toxic metal used in various industries.[1]  Upon effect, the final rule will reduce the permissible exposure limit (PEL) for beryllium and establish short-term exposure limits.  It will also require employers to both implement controls to limit worker exposure to beryllium and to establish programs to provide medical monitoring.  The final rule is intended to protect a worker population of approximately 62,000 workers.  It sets specific standards for three industries: general, construction, and shipyards, with a staggered timeline for compliance.  The final rule can be accessed here. Read More ›

EPA Releases Final RMP Amendments, Awaits Response of New Administration

The U.S. Environmental Protection Agency has released a final rule updating the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section112(r)(7) risk management planning program. A pre-publication copy of the rule can be accessed here. Read More ›

OSHA “Clarifies” Employers’ Injury and Illness Recordkeeping Obligations

In the closing days of the Obama Administration, the Occupational Safety and Health Administration (OSHA) has issued a final rule that “clarifies” employers’ “continuing obligation” to make and maintain an accurate record of each recordable injury and illness beyond the six-month statute of limitations under the Occupational Safety and Health Act of 1970 (OSH Act). Once it takes effect, the new rule will allow OSHA to issue citations to employers for the failure to record an injury or illness up to six months following the five-year record retention period that would have applied to such record.  The final rule, published December 19, 2016,[1] is available here.  It aims to overturn the majority opinion in a 2012 ruling by the D.C. Circuit that rejected OSHA’s practice of citing employers up to five years after a failure to record a recordable injury or illness.  It is unclear whether the incoming Trump Administration will attempt to rescind this rule. Read More ›