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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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2026-07-09T05:00:00Z
NewsWasteTSCA ComplianceWater ProgramsEnvironmental Protection Agency (EPA)CAA ComplianceWater ProgramsCWA ComplianceWaste/HazWasteEnglishAir ProgramsIndustry NewsIndustry NewsWasteEnvironmentalFocus AreaSARA ComplianceAir ProgramsUSA
EPA releases 2026 regulatory agenda
The Environmental Protection Agency (EPA) published the 2026 Agenda of Regulatory and Deregulatory Actions on July 3, 2026. The agenda outlines the agency’s upcoming regulatory actions and their status in the rulemaking process. Many of the proposed and final rules support EPA’s continued deregulatory efforts.
Significant updates on EPA’s docket include the following:
- Proposing risk management regulations under the Toxic Substances Control Act (TSCA) for various chemical substances, such as formaldehyde, diisodecyl phthalate (DIDP), and diisononyl phthalate (DINP);
- Aligning the definition of “waters of the United States” with the Supreme Court’s Sackett v. Environmental Protection Agency (2023) decision, which narrowed the definition under the Clean Water Act;
- Finalizing the part 2 risk management regulations for asbestos, including use and associated disposal requirements for legacy asbestos, asbestos-containing talc, and asbestos fibers other than chrysotile;
- Repealing the Carbon Pollution Standards (CPS) that limit greenhouse gas emissions from fossil fuel-fired plants (or repealing a narrower set of requirements under the CPS); and
- Establishing a federal permitting program under the Resource Conservation and Recovery Act (RCRA) for the disposal of coal combustion residuals (CCR).
Additionally, EPA continues to conduct rulemaking related to per- and polyfluoroalkyl substances (PFAS), such as:
- Revising existing effluent limitations guidelines and standards (ELGs) to address PFAS discharges from PFAS manufacturing facilities and chromium electroplating facilities;
- Extending the compliance deadlines for Maximum Contaminant Levels established by the National Primary Drinking Water Regulations (NPDWRs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS); and
- Rescinding the regulations for four PFAS established under the NPDWRs.
This article highlights some of the major rules we’re monitoring closely. You can review the entire agenda to learn about all the rulemakings EPA plans to review, propose, and finalize. Please note that the agenda dates are tentative, indicating when the agency seeks to publish the rulemakings in the Federal Register.
| Final Rule Stage | |
| Projected publication date | Title |
| July 2026 | Reconsideration of the Greenhouse Gas Reporting Program |
| August 2026 | 1-Bromopropane (1-BP); Regulation Under the Toxic Substances Control Act (TSCA) |
| October 2026 | Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives |
| October 2026 | Secondary Lead Smelting: National Emissions Standards for Hazardous Air Pollutants (NESHAP) Technology Review and Reconsideration |
| January 2027 | Listing of Specific PFAS as Hazardous Constituents |
| Proposed Rule Stage | |
| Projected publication date of notice of proposed rulemaking | Title |
| August 2026 | Improving Recycling and Management of Renewable Energy Wastes: Universal Waste Regulations for Solar Panels and Lithium Batteries |
| September 2026 | Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Category (40 CFR 435 Subpart E) |
| October 2026 | Effluent Limitations Guidelines and Standards for the Centralized Waste Treatment Category (40 CFR 437) |
| December 2026 | Clean Water Act Hazardous Substance Facility Response Plans; Amendment Reconsideration |
| December 2026 | National Emission Standards for Hazardous Air Pollutants: Stationary Combustion Turbines; Amendments |
| Pre-Rule Stage | |
| Projected publication date or other action | Title |
| January 2027 (final rule) | Risk Management Program, CAA Section 112(r)(7) (Section 610 Review) |
| August 2026 (begin review) | Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources (Section 610 Review) |
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2026-07-09T05:00:00Z
NewsIndustry NewsInternational Registration Plan (IRP)Vehicle registration exemptionsMotorcoach vehicle license or registrationVehicle Registration PermitsFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationRegistration and Permits - Motor CarrierUSA
Does your registration still match your operations?
A truck may have valid plates, current registration, and no obvious paperwork problem, yet still be improperly registered for the work it’s doing today.
As your fleet grows and operations change, it's easy for vehicle registration to lag behind reality. The result can be citations, permit issues, unexpected fees, operational delays, and compliance headaches. Here are three common situations where a registration may no longer match the operation.
Is your registered weight still accurate?
One of the most common registration issues involves registered weight. A vehicle may be legally capable of hauling heavier loads, but that doesn't necessarily mean it’s registered to do so.
As business grows, carriers often begin hauling larger loads, adding customers, or expanding routes. If your vehicle's registered weight isn't updated to reflect those changes, you could face penalties for operating above the weight authorized by its registration.
This issue often goes unnoticed because the truck itself hasn't changed. However, enforcement officials are concerned with how the vehicle is registered, not just what it’s capable of hauling.
Whenever freight volumes, routes, or operating weights change, review your registration records to ensure they still align with actual operations.
Is the vehicle operating under the right plate type?
Not all registrations are created equal. Many states offer specialty or reduced-fee registrations for certain operations, such as:
- Farm vehicles,
- Natural resource vehicles,
- Forestry operations, or
- Other restricted uses.
Specialty plates can save money, but they also come with strings attached. Carriers must comply with those limits for the registration to remain valid. Problems arise when a vehicle's operation changes but its registration does not.
For example, a vehicle may have been properly registered under a specialty plate when it was performing one type of work. If the vehicle later begins hauling different commodities, traveling outside permitted areas, or performing general commercial transportation, it may no longer qualify for that registration class.
A good practice is to review registration classifications whenever equipment is reassigned, new customers are added, or business activities expand beyond their original scope. The registration and the vehicle's use must continue to match.
Has interstate travel changed the rules?
Another common issue occurs when operations expand beyond your home state.
A vehicle that is properly registered for intrastate operations may require additional credentials or registrations once it begins operating across state lines. What starts as an occasional out-of-state trip can gradually evolve into a regular part of the business.
Because the change often happens incrementally, carriers may not realize that their registration and credentialing requirements have changed along with their operations.
Before crossing state lines, evaluate whether additional registration, apportioned registration, permits, or other interstate credentials are required. Waiting until a roadside inspection or audit to discover a registration issue can be a costly mistake.
Three questions to ask
New customers, new commodities, expanded routes, and heavier loads can all affect registration requirements. Before a vehicle goes back on the road after business changes, ask:
- Is this vehicle registered for the weight I'm operating at?
- Does the registration type still match how I'm using the vehicle?
- Has my operating area expanded beyond what the registration was intended to cover?
If the answer to any of those questions is "I'm not sure," it's time for a registration review.
Key to remember: Registration should never be treated as “set it and forget it.” If the operation changes, the registration may need to change with it.
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2026-07-09T05:00:00Z
NewsIndustry NewsWage and HourWage and HourAssociate Benefits & CompensationHR GeneralistFair Labor Standards Act (FLSA)Non-Exempt employees In-Depth ArticleOvertimeHR ManagementEnglishFocus AreaHuman ResourcesUSA
Exempt or not? We’ve got a checklist for that
Employers don’t have to pay overtime to employees who meet the criteria to be classified as “exempt” under the federal Fair Labor Standards Act (FLSA). Employers may not, however, simply call an employee “exempt.” They must ensure that such employees meet certain criteria. Under the FLSA, employees must:
- Be paid at least $684 per week,
- Be paid the same amount every week they do any work, and
- Perform certain job duties.
The first two requirements are fairly straightforward, but the last one requires some careful consideration by employers. Many employees fall under what’s been dubbed the “white collar” exemption. This exemption includes executive, administrative, or professional employees.
Having a checklist of questions can help determine if employees perform the duties needed to be classified as exempt under these classifications.
Employers must remember that an employee’s job title doesn’t determine whether they’re exempt or not. An administrative assistant, for example, likely won’t meet the criteria to be classified as exempt, as they won’t perform the required duties.
Below is a quick breakdown of questions that employers can ask themselves to see if employees qualify to be exempt.
Executive exemption
- Is the employee’s primary duty managing the enterprise, or managing a recognized department or subdivision of the enterprise?
- Does the employee customarily and regularly direct the work of at least two or more other full-time employees or their equivalent?
- Does the employee have the authority to hire or fire other employees, or are the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees given particular weight?
Administrative exemption
- Is the employee’s primary duty the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers?
- Does the employee’s primary duty include the exercise of discretion and independent judgment with respect to matters of significance?
Learned professional exemption
- Is the employee’s primary duty the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character, and which includes work requiring the regular exercise of discretion and judgment?
- Does the employee have advanced knowledge in a science or learning field?
- Is the employee’s advanced knowledge customarily acquired by a prolonged course of specialized intellectual instruction?
Creative professional exemption
- Is the employee’s primary duty the performance of work that requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor?
- Does the job’s primary function require independence and creative contribution, not just skill?
These questions should give employers a start in determining whether an employee (or a position) meets the duties tests to be classified as exempt under the FLSA.
State laws, however, can have their own variations. In California, for example, as of January 1, 2026, the minimum salary threshold for exempt employees is $1,352 per week ($70,304 per year). Employers with employees in states with higher salary thresholds must comply with those requirements if they’re more beneficial to employees working there.
Key to remember: Answering some questions on this checklist can help employers determine whether an employee/position may be classified as exempt from overtime pay under the FLSA.
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2026-07-09T05:00:00Z
NewsIndustry NewsIndustry NewsFleet SafetyDisqualifications from drivingDriver licence classificationsEntry-Level driver trainingDriver licence classificationsEntry-level driver trainingFocus AreaEnglishTransportationUSA
Latest rulemaking agenda includes several new initiatives
The Federal Motor Carrier Safety Administration’s (FMCSA’s) latest rulemaking agenda includes several new initiatives aimed at strengthening driver qualification enforcement, reducing fraud, and tightening the oversight of regulated entities.
English-language proficiency
One potential change would make noncompliance with the English-language proficiency standard an out-of-service violation. The rules in 49 CFR 391.11 have long stated that commercial drivers must be able to read and speak English well enough to converse with the public, understand highway signs and signals, respond to official inquiries, and make entries on reports and records. The FMCSA issued enforcement guidance in 2025 directing roadside enforcement personnel to place drivers out of service for noncompliance, and now the agency may change its regulations to make the guidance permanent. A proposal on the topic is expected this summer.
CDL and CLP standards
The FMCSA also plans to propose changes to its commercial driver’s license (CDL) and commercial learner’s permit (CLP) standards. According to the agenda, the proposal would enhance security standards for CDLs and CLPs, strengthen the integrity of the issuance process, reduce the risk of fraud, and update document-verification and record-retention requirements. That proposal is also expected this summer.
Driver training
Another summer proposal would focus on the Entry-Level Driver Training (ELDT) program and the Training Provider Registry. The FMCSA says it has identified noncompliance among some listed training providers, undermining confidence in the ELDT program and creating an uneven playing field for providers that follow the rules. The agency says stronger standards would apply both to initial listing and continued listing on the Registry, with the removal of providers that don’t meet program requirements.
Broker qualifications
The FMCSA also expects a fall proposal addressing broker and freight forwarder qualifications. The rulemaking would implement a federal law saying that brokers and freight forwarders must employ, as an officer, an individual who has either 3 years of relevant experience or satisfactory evidence of knowing all the relevant regulations and industry best practices.
Deregulatory proposal
Finally, the FMCSA plans a deregulatory proposal in late 2026 to rescind 49 CFR Part 374, which contains passenger-carrier regulations transferred from the former Interstate Commerce Commission. The FMCSA says it doesn’t regularly attempt enforcement of those rules, including rules for smoking, bathroom cleanliness, bus temperature, and ticketing.
Next steps
Carriers should keep an eye out for these proposed rules so they can review how the changes and updates might impact their operations. The FMCSA will be seeking public comment as each proposed rule is posted, so don’t miss out on the opportunity to influence the updates that affect your team.
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2026-07-09T05:00:00Z
NewsIndustry NewsMaterials Handling and StorageSafety & HealthConstruction SafetyGeneral Industry SafetySlings for Materials HandlingIn-Depth ArticleEnglishFocus AreaUSA
When the sling is the weak link
A dropped load can change a workday in seconds. In material handling, we often focus on the crane, hoist, forklift, or equipment doing the lifting, but the sling is what connects the load to the lift. If the connection fails, it can create a serious struck-by or caught-between hazard that may result in damaged equipment, production delays, serious injuries, or even fatalities.
Sling safety must start before the load leaves the ground. One missed detail, such as a damaged sling, unreadable tag, wrong hitch, or underestimated load weight, can be enough to turn a planned lift into an emergency.
Where lifting risks begin
They often build from small decisions that seem harmless at the time: using a sling “just one more time,” assuming the load weight is close enough, ignoring a worn edge, or grabbing whatever sling is nearby because the job needs to keep moving.
Slings aren’t all designed for the same conditions. Alloy steel chain, wire rope, synthetic web, synthetic round slings, metal mesh, and fiber rope all have different strengths, limits, and inspection concerns. A sling that works well for one task may be a poor choice for another if the load has sharp edges, high heat, chemical exposure, abrasion points, or an unstable center of gravity.
Additionally, many incidents lead back to load control. A suspended load does not have to fall straight down to hurt someone. It can swing, shift, rotate, pinch, or strike nearby workers if the lift is not planned and controlled.
Controls that help keep the load secure
Those risks are why the inspection and planning steps cannot be treated as a quick formality. Before the hook is raised, the crew needs to confirm that the sling fits the load, the conditions, and the way the load will move. OSHA’s sling requirements for general industry are found in 1910.184, and construction rigging requirements are addressed under 1926.251, but the practical goal is the same: use a sling that is suitable, inspected, properly identified, and within its rated capacity.
A stronger lift starts with slowing down long enough to answer a few basic questions during the setup:
- Load planning: Confirm the weight, center of gravity, attachment points, hitch type, sling angle, and travel path at the planning stage. Guessing may feel faster, but it removes the safety margin the lift depends on.
- Sling inspection: Look for cuts, burns, broken wires, crushed areas, stretched links, chemical damage, corrosion, damaged stitching, knots, or hardware that does not match the sling’s capacity. If the sling is damaged, questionable, or missing required identification, remove it from service.
- Edge and surface protection: Protect slings from sharp, rough, or abrasive load edges that can cut, crush, or wear down the material once tension is applied. Padding, sleeves, corner protectors, or a different sling type may be needed based on the load and conditions.
- Worker positioning and communication: Keep employees clear of areas where the load could swing, shift, or fall. Use clear signals, taglines when appropriate, and stop the lift if conditions change or communication breaks down.
The compliance side of sling safety
The requirements should show up in everyday lifting practices, not just in the written program. Slings must be inspected before use, damaged or defective slings must be removed from service, and slings must not be loaded beyond their rated capacity. In construction, rigging equipment must also have permanently affixed and legible identification markings that show the recommended safe working load, and equipment without those markings cannot be used.
The tag matters. The condition matters. The configuration matters. And the person selecting and using the sling needs to understand how those pieces work together while the load is still on the ground.
Key to remember: Every lift depends on using the right sling the right way. Confirm that it is rated, marked, and protected from damage, and keep employees clear of the suspended load.
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2026-07-08T05:00:00Z
NewsIndustry NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman ResourcesUSA
A lower raise and smaller bonus were FMLA retaliation, court rules
In 2013, Jeffrey began working for the company. Near the end of each year, the company gave Jeffrey an annual salary increase and bonus that would go into effect the following calendar year.
From October to December of 2020, Jeffrey took leave under the federal Family and Medical Leave Act (FMLA) for mental health conditions. That year, the company gave him a smaller bonus and lower salary increase — a more than 40 percent reduction in bonus and salary increase compared to previous years.
In May 2021, Jeffrey asked for more leave, then an extension, followed by a request to work from home as an accommodation. Because his requested leave was unlimited, the employer denied it and fired Jeffrey. He sued, claiming that the employer violated the FMLA by giving him a lower salary increase and smaller bonus in 2020 because he took FMLA leave. In short, he claimed retaliation.
The employer argued in court that the decreases weren’t an adverse employment action, and that the FMLA leave wasn’t the reason for the smaller increases.
The court didn’t buy the employer’s argument. It held that Jeffrey engaged in protected activity when he took leave and asked for an accommodation. The ruling demonstrated that a reasonable person could find that the lower bonuses and smaller salary increases could have discouraged someone from requesting FMLA leave or asking for an accommodation, which would keep them from engaging in protected activity.
The court also found the timing of the lower amounts was unusually suggestive, as they happened right after he took FMLA leave.
Steidle v. United States Liability Insurance Co., Inc., Third Circuit Court of Appeals, No. 24-2999, June 24, 2026.
Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.
Key to remember: Employers are prohibited from taking adverse employment actions because employees exercise their FMLA rights, and giving employees a smaller pay increase or bonus could be seen as adverse employment actions.
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