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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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2026-10-16T05:00:00Z
NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceToxic Substances - EPAEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
Court vacates EPA’s methylene chloride rule: How should facilities respond?
When a court overturns an environmental regulation, it can be tempting to adopt an “all bets are off” approach and stop efforts to comply with the rule. However, facilities that continue to operate as if the rule still applies are better prepared to meet any future rulemaking that’s likely to occur. On September 15, 2026, the U.S. Court of Appeals for the Fifth Circuit vacated EPA’s methylene chloride risk management rule established under the Toxic Substances Control Act (TSCA) and remanded it back to the federal agency for further proceedings. EPA must restart the rulemaking process for methylene chloride.
Here’s what you need to know about the ruling and how your facility can respond to “hedge its bets” against future environmental regulations of methylene chloride.
What regulations and facilities are impacted?
The court’s decision in East Fork Enterprises, Inc. v. EPA (Case No. 24-60227) impacts EPA’s methylene chloride risk management rule finalized in May 2024 (2024 final rule). The rule applied to entities that manufacture (including import), process, distribute in commerce, use, or dispose of methylene chloride or methylene chloride-containing products.
Reasons for overturning the methylene chloride rule
The court listed a range of reasons for vacating the 2024 final rule, including the following significant findings.
Whole-chemical approach
EPA used a “whole chemical” approach in its revised 2022 risk determination for methylene chloride (on which the 2024 final rule is based) instead of making individual risk determinations for each condition of use (COU). As a result, EPA recharacterized six COUs (previously found not to present unreasonable risk) as posing unreasonable risk.
Court’s conclusion: TSCA doesn’t permit EPA to issue a whole-chemical risk determination; it requires EPA to evaluate and issue risk determinations for each COU.
Personal protective equipment (PPE) assumption
In its 2022 risk determination, EPA didn’t assume that exposed employees use PPE. However, TSCA requires the agency to account for PPE use if evidence suggests that it’s commonly used.
Court’s conclusion: There was sufficient evidence for EPA to assume PPE use, especially given that OSHA’s methylene chloride standard generally requires the use of PPE when employee exposure warrants it.
Risk analysis methods
EPA’s approach to “unreasonable risk” went beyond the statutory limits, appearing to attempt to eliminate nearly all risks. Further, EPA’s risk analysis didn’t comply with TSCA’s “best available science” standard (producing exposure limits unsupported by substantial evidence), and the agency overlooked relevant evidence.
Court’s conclusion: TSCA requires EPA to identify only unreasonable risk, which allows for some risk; the act isn’t designed to eliminate all risk. Also, TSCA mandates the agency to base its risk evaluations on all acceptable scientific information, including data contrary to its presuppositions.
Regulating to the extent necessary
EPA exceeded its authority by imposing regulations beyond “the extent necessary.” The court ruled that EPA’s basis for requiring a near-complete ban on methylene chloride use was unauthorized because it was based on the agency’s uncertainty as to whether a risk deemed reasonable will stay reasonable.
Court’s conclusion: TSCA permits EPA to eliminate actual, identified unreasonable risk. The agency can’t ban chemicals based on a reasonable risk that may become unreasonable in the future.
What’s next?
The court vacated with remand EPA’s methylene chloride rule and associated risk determination. As a result, EPA’s risk determination for methylene chloride is invalid, and the methylene chloride risk management rule is no longer in effect. Additionally, EPA must develop a new risk management rule that resolves the issues identified in the court’s opinion.
How should regulated entities respond?
EPA’s methylene chloride risk management rule is legally unenforceable, including its bans on uses and the regulatory requirements (such as the Workplace Chemical Protection Program). However, due to the uncertainty of EPA’s response and future rulemaking, companies should respond thoughtfully. Consider these tips:
- Watch closely for EPA’s response to this litigation.
- Consider maintaining protective measures and compliance programs that were implemented in response to the 2024 final rule, where possible. Continuing these efforts may ease compliance burdens if EPA issues a revised rule in the future. For example:
- Continue conducting exposure monitoring and recording the results,
- Keep searching for possible substitutes, and
- Maintain workplace protections that are already implemented.
- Ensure compliance with existing methylene chloride regulations, including:
- EPA’s March 2019 final rule banning methylene chloride for consumer paint and coating removal, and
- OSHA’s occupational exposure control requirements for methylene chloride (29 CFR 1910.1052).
Key to remember: A U.S. court vacated EPA’s 2024 methylene chloride risk management rule, but facilities that maintain protections and compliance programs developed under the rule may be better prepared for any future regulations of the chemical.
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NewsEnforcement and Audits - OSHACERCLA, SARA, EPCRAToxics Release Inventory ReportingVideoMonthly Roundup VideoCAA ComplianceInjury and Illness RecordkeepingEnglishOSHA Violations and PenaltiesAir ProgramsIndustry NewsSafety & HealthGeneral Industry Safety300-A Annual SummaryEnvironmentalFocus AreaAir ProgramsUSA
EHS Monthly Round Up - January 2023
In this monthly roundup video, we’ll review the most impactful environmental, safety, and health news.
Hi everyone! Welcome to the monthly roundup video, where we’ll review the most impactful environmental, safety, and health news. First, let’s take a look at what’s happening in safety and health.
If you haven’t already done so, now is the time to post your OSHA 300A Summary. Employers are required to post the Summary in a conspicuous place from February 1st through April 30th.
As required by law, OSHA increased its penalties for inflation in mid-January. Penalties went up 7.7 percent, effective January 17th.
Also in January, OSHA released its long-awaited Fall 2022 regulatory agenda. Along with numerous proposed rules in the works, three major final rules are slated for 2023 – COVID-19 in healthcare, Injury and Illness tracking, and an update to the hazard communication standard.
OSHA recently released two new letters of interpretation, which address exit signs and lockout/tagout. Specifically, OSHA states that the International Standards Organization emergency exit symbol can be located beside the mandatory EXIT text on an existing sign.
The second letter addresses the applicability of lockout/tagout and the maintenance and operations of cathodic protection rectifiers when working on pipelines.
New York’s Warehouse Worker Protection Act was signed into law in December and takes effect in late February. It protects warehouse distribution workers from undisclosed or unlawful work speed quotas and includes protections for workers who fail to meet these quotas.
In 2021, a worker died every 101 minutes from a work-related injury, according to the Bureau of Labor Statistics. A total of 5,190 fatal work injuries was recorded in the U.S. in 2021, an 8.9 percent increase over 2020.
Turning to environmental news, EPA automatically added nine per- and polyfluoroalkyl substances, or PFAS, to the Toxics Release Inventory, or TRI, list. Four PFAS were added since they are no longer claimed as confidential business information.
EPA released its Fall 2022 regulatory agenda in early January. Included are major regulations impacting the National Ambient Air Quality Standards, waters of the United States, and modifications to the Risk Management Program under the Clean Air Act.
There are also a number of rules related to the National Emission Standards for Hazardous Air Pollutants in various rule stages.
And finally, beginning with model year 2027, heavy-duty trucks will be required to meet clean air standards that are 80 percent more stringent than current requirements.
EPA says this final rule is aimed at reducing smog- and soot-forming emissions, increasing the life of governed vehicles by up to 250 percent, and increasing emissions warranty periods up to 450 percent.
Thanks for tuning in to the monthly news roundup!
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NewsIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthGeneral Industry SafetyMonthly Roundup VideoFocus AreaUSAHazard CommunicationHazard CommunicationEnglishOSHA Violations and PenaltiesVideo
EHS Monthly Round Up - October 2023
In this monthly video, we'll review the most impactful environmental, health, and safety news.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental, health, and safety news. Please view the content links in the transcript to take a deeper dive into the topics I’ll be covering today. With that said, let’s get started!
OSHA’s hazard communication final rule is under review at the Office of Management and Budget. This process typically takes 90 to 120 days, which means we’ll likely see the final rule in early 2024.
A performance audit found that OSHA did not adequately address the high number of injuries and illnesses at warehouses before and during the COVID-19 pandemic. Despite the high rate of injury and illness, OSHA only conducted a small number of inspections.
An OSHA investigation found a fulfillment center was exposing employees to ergonomic hazards which could lead to musculoskeletal disorders. The company also failed to provide adequate medical care for workers who had sustained head injuries, some of which were traumatic.
Workplace overdose deaths have increased 536 percent since 2011. A National Safety Council survey found that 75 percent of employers reported opioid use has impacted their workplace, but only 17 percent said they felt prepared to deal with the problem.
And finally, turning to environmental news, EPA finalized its PFAS reporting and recordkeeping rule. It expands the definition to include 41 additional PFAS of concern, among other changes.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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2026-10-15T05:00:00Z
NewsIndustry NewsFleet SafetyFederal Motor Carrier Safety Administration (FMCSA), DOTDefensive drivingCMV drivingFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Winter safety starts before the first storm
Fall’s shorter days and cooler temperatures are a reminder that winter weather is right around the corner. Now is the time to prepare your drivers for what’s ahead when it comes to staying safe during the winter months.
Be prepared
A sudden snowstorm can quickly turn into an emergency situation during the winter months. Drivers should make sure their vehicles are stocked with a winter survival kit and basic emergency supplies. In addition to the items that should be in their vehicle at all times (warning devices, jumper cables, tool kit, first aid kit), they should also carry the following items:
- A snow brush and scraper for clearing ice and snow;
- A shovel and traction devices (tire chains, sand, kitty litter) to help free a vehicle that becomes stuck in snow or ice;
- A brightly colored cloth to increase visibility if stranded;
- Warm blankets or a sleeping bag for protection from the cold;
- Extra food, water, and any necessary medications; and
- Additional winter clothing, including a coat, gloves, hat, and boots.
What to do if stranded
Even the most prepared drivers can find themselves stranded during severe winter weather. Knowing what to do is key to driver safety.
The most important rule is to stay in the vehicle. Unless help is clearly visible and within a short distance, leaving the vehicle can be extremely dangerous due to limited visibility, blowing snow, and the risk of becoming disoriented. If able to safely do it, the driver should hang a brightly colored cloth outside the vehicle to signal for help.
To stay warm, the engine and heater should run for about 10 minutes each hour. The driver should crack a window and keep the exhaust pipe free of snow to prevent carbon monoxide poisoning.
Retaining body heat is important to avoid hypothermia, a condition brought on when the body’s temperature drops to a dangerously low level. Symptoms of hypothermia include uncontrollable shivering, slow speech, memory lapses, and drowsiness.
Drivers can conserve body heat by wearing layers, using blankets or sleeping bags, and keeping their hands and feet warm. Simple movements, such as clapping hands and moving arms and legs, can also help maintain circulation until help arrives.
Key to remember: Now is the time to review winter survival tips with your drivers. Taking proactive steps today can help prevent problems when winter storms hit.
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2026-10-15T05:00:00Z
NewsIndustry NewsIndustry NewsCMV InspectionsSpeed limitsAnnual inspections - Motor CarrierTransportationCMV drivingFleet OperationsEnglishFocus AreaUSA
Safe driving habits are on cruise control: Tickets issued to over half of drivers tested
Of the 8,083 commercial motor vehicle and passenger vehicle drivers tested across North American roadways, 3,968 warnings and 2,604 tickets were issued for unsafe driving behaviors.
Speeding, distracted driving, and aggressive driving were among the leading causes of roadway crashes cited, according to the Commercial Vehicle Safety Alliance’s (CVSA’s) 2026 North America safety event findings.
The top unsafe behaviors of 2026 include:
- Reckless, careless, and dangerous driving, which was the focus of this year’s Operation Safe Driver Week: 83 warnings and 33 citations were issued. Broken down by driver type, 50 warnings and 22 citations were issued to commercial motor vehicle drivers, and 33 warnings and 11 citations were issued to passenger vehicle drivers.
- Speeding, which was the most cited behavior: 1,003 warnings and 691 citations were issued. Broken down by driver type, 50 warnings and 22 citations were issued to commercial motor vehicle drivers, and 33 warnings and 11 citations were issued to passenger vehicle drivers.
- Failure to wear a seat belt: 292 warnings and 311 citations were issued. Broken down by driver type, 267 warnings and 270 citations were issued to commercial motor vehicle drivers, and 25 warnings and 41 citations were issued to passenger vehicle drivers.
- Possession, use or impairment of drugs or alcohol: 17 warnings and 26 citations were issued. Broken down by type, 12 warnings and 22 citations were issued to commercial motor vehicle drivers, and 5 warnings and 4 citations were issued to passenger vehicle drivers.
| Other Top Warnings, Citations, and Tickets Issued to CMV Drivers | ||
| Offense | Total # Warnings | Total # Citations |
| Failure to obey traffic control device | 652 | 319 |
| Improper lane change | 76 | 23 |
| Following too closely | 48 | 23 |
| Improper passing | 29 | 10 |
| Improper turn | 12 | 3 |
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2026-10-15T05:00:00Z
NewsEmergency Planning - OSHAIndustry NewsIndustry NewsSafety & HealthEmergency PreparednessGeneral Industry SafetyEnglishFocus AreaUSA
OSHA offers safety resources for post-hurricane cleanup
Following a week that saw three named storms, including the landfall of Hurricane Isaias along Florida’s northern coast, OSHA is offering a variety of safety resources to support post-hurricane response and recovery efforts.
Resources include the agency’s Hurricane eMatrix, which outlines common response and recovery activities and highlights the hazards associated with each task. The eMatrix helps employers protect workers by identifying recommended safe work practices, precautions, and personal protective equipment for specific tasks.
Employers can access additional resources, such as Quickcards and fact sheets on various topics, using OSHA’s Resources tab on its hurricane webpage.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.