SAFETY & COMPLIANCE NEWS
Keep up to date on the latest
developments affecting OSHA, DOT,
EPA, and DOL regulatory compliance.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
FEATURED NEWS
2026-02-13T06:00:00Z
NewsClosuresIndustry NewsIndustry NewsWaste/HazWasteWasteEnvironmental Protection Agency (EPA)Waste ManagementEnvironmentalLand Disposal RestrictionsSolid WasteUSAEnglishFocus AreaWaste Reporting
EPA delays CCR management unit reporting, related requirements
The Environmental Protection Agency (EPA) issued a final rule that extends the deadlines for Facility Evaluation Reports (FERs) required for active and inactive coal combustion residuals (CCR) facilities. The final rule also delays compliance deadlines for related requirements that apply to CCR facilities with CCR management units (CCRMUs).
Who’s impacted?
The final rule applies to:
- Active CCR facilities, and
- Inactive CCR facilities with inactive surface impoundments (i.e., legacy CCR surface impoundments).
The 2024 Legacy Final Rule (40 CFR Part 257 Subpart D) requires active CCR facilities and legacy CCR surface impoundments to submit FER Part 1 and FER Part 2, identifying any CCRMUs of 1 ton or more on-site. CCRMUs include previously unregulated CCR surface impoundments and landfills that closed before October 19, 2015, as well as inactive CCR landfills.
Additionally, the 2024 Legacy Final Rule requires facilities with CCRMUs to:
- Establish a website to publicize the facility’s CCR information;
- Conduct groundwater monitoring activities (specifically, install a groundwater monitoring system, develop a sampling and analysis plan, collect independent samples, and perform detection and assessment monitoring);
- Submit the initial annual groundwater monitoring and corrective action (GWMCA) report; and
- Comply with closure and post-closure care obligations.
What are the changes?
EPA’s final rule extends compliance deadlines for the following standards:
| Compliance requirement(s) | 2024 Legacy Final Rule deadline | 2026 final rule new deadline |
|---|---|---|
| Establish CCR website | February 9, 2026 | February 9, 2027 |
| Submit FER Part 1 | February 9, 2026 | February 9, 2027 |
| Submit FER Part 2 | February 8, 2027 | February 8, 2028 |
| Install groundwater monitoring system | May 8, 2028 | February 10, 2031 |
| Develop groundwater sampling and analysis program | May 8, 2028 | February 10, 2031 |
| May 8, 2028 | February 10, 2031 |
| Submit initial GWMCA report | January 31, 2029 | January 31, 2032 |
| Submit closure plan | November 8, 2028 | August 11, 2031 |
| Submit post-closure care plan | November 8, 2028 | August 11, 2031 |
| Initiate closure | May 8, 2029 | February 9, 2032 |
Keep reading...Show less
RECENT INDUSTRY HIGHLIGHTS
2026-02-13T06:00:00Z
NewsGreenhouse GasesIndustry NewsIndustry NewsEnvironmental Protection Agency (EPA)Mobile Emission SourcesCAA ComplianceEnvironmentalFocus AreaEnglishAir ProgramsUSA
EPA reverses Endangerment Finding, scraps GHG emission standards for vehicles
The Environmental Protection Agency (EPA) announced a final rule on February 12, 2026, to rescind the 2009 Endangerment Finding and repeal all federal greenhouse gas (GHG) emission standards for:
- On-highway light-, medium-, and heavy-duty vehicles; and
- On-highway heavy-duty vehicle engines.
The final rule applies to all vehicles and engines of model years 2012 to 2027 and beyond.
What are the changes?
EPA’s administrator has signed the final rule, but the rule has not yet been published in the Federal Register. When the final rule takes effect, manufacturers (including importers) of new motor vehicles and motor vehicle engines will no longer have to measure, report, certify, or comply with federal GHG emission standards. The final rule removes all GHG emission regulations in 40 CFR:
- Parts 85, 86, and 600 (light- and medium-duty vehicles);
- Part 1036 (heavy-duty vehicle engines); and
- Part 1037 (heavy-duty vehicles).
The final rule also eliminates:
- All off-cycle credits for the addition of certain technological features (e.g., high-efficiency exterior lighting, waste heat recovery, and active seat ventilation); and
- EPA’s incentives for manufacturers to add a start-stop system (which automatically shuts off a vehicle’s engine during idling).
What doesn’t change?
EPA’s following regulations remain in effect for new motor vehicles and vehicle engines:
- Criteria pollutant and air toxic measurement and standards,
- Corporate Average Fuel Economy testing, and
- Associated fuel economy labeling requirements.
About the 2009 Endangerment Finding
In 2009, EPA issued two findings: the Endangerment Finding and the Cause or Contribute Finding. Collectively, these findings are referred to as the 2009 Endangerment Finding. The agency used the 2009 Endangerment Finding as the legal basis to regulate GHG emissions from new motor vehicles and vehicle engines under Section 202(a) of the Clean Air Act.
EPA regulated GHG emissions from new motor vehicles and vehicle engines through:
- Emission standards and related requirements, and
- Engine and vehicle certification requirements.
However, upon reconsideration, EPA stated that it no longer believes it has the statutory authority under Section 202(a) of the Clean Air Act to regulate GHG emissions from new motor vehicles and vehicle engines. Therefore, the agency has simultaneously rescinded the 2009 Endangerment Finding and repealed the related federal GHG emission regulations.
Key to remember: EPA announced a final rule eliminating the 2009 Endangerment Finding and the related GHG emission requirements for on-highway vehicles and vehicle engines.
Keep reading...Show less
2026-02-13T06:00:00Z
NewsIndustry NewsEnglishWaste/HazWasteEnvironmental Management SystemsCAA ComplianceEnvironmentalIn-Depth ArticleCWA ComplianceUSAEnvironmental Management SystemsFocus AreaEnvironmental Management Systems
Expert Insights: States take the lead as federal environmental rules pull back
Recent changes in federal environmental policy have created uncertainty for regulated industries. When federal agencies slow rulemaking, reduce enforcement, or narrow requirements, states often step in. As a result, states are taking a stronger role in setting environmental rules, especially on climate change, air quality, and environmental justice.
This shift is changing how industrial facilities understand and manage regulatory risks.
States as environmental policy leaders
Several states have moved to the front of environmental policymaking. California is the most well-known example. Through the California Air Resources Board (CARB), the state enforces air and climate rules that go beyond federal standards. These include strict vehicle emissions limits and greenhouse gas controls for industrial sources. Because California’s economy is so large, its rules often shape compliance decisions across the country.
Other states are following similar paths. For example, New York’s Climate Leadership and Community Protection Act sets clear, enforceable emissions-reduction goals. It also requires agencies to consider climate and environmental justice impacts during permitting. Washington has adopted a cap-and-invest program that limits carbon emissions from major sources and fuel suppliers.
Growing impacts on industrial facilities
For industrial operators, state-led regulation adds complexity and risk. Companies with facilities in multiple states may face very different rules, timelines, and reporting requirements. Meeting federal standards alone may no longer be enough.
Facilities can still fall out of compliance with state rules covering air emissions, water discharges, waste management, or community impacts. These differences can affect permitting schedules, capital planning, and long-term site decisions.
State enforcement and local focus
State enforcement is often more focused and, in many cases, more stringent than federal enforcement. Many states are increasing inspections and placing greater emphasis on environmental justice.
Facilities located near overburdened or historically impacted communities may face closer review, even when federal enforcement activity is limited.
Practical strategies for compliance
To operate successfully in this environment, companies need a proactive approach. Tracking state regulatory changes is essential, since states often move faster than federal agencies. Building compliance programs around the most stringent applicable rules can reduce long-term risk.
Early engagement with state regulators and local communities can also make a difference. Open communication can improve relationships, reduce conflict, and support smoother permitting outcomes.
For industrial facilities, success now depends less on watching Washington and more on understanding the growing influence of state capitals.
Keep reading...Show less
2026-02-12T06:00:00Z
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
Why employees don’t accrue FMLA leave (and how leave is calculated)
The federal Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of job-protected leave in a 12-month leave year for certain reasons. Less commonly used, the FMLA also gives employees up to 26 weeks of leave to care for a family/military member.
Focusing on the more common usage of the 12 weeks of FMLA leave, employers often think of these 12 weeks of leave in terms of hours. If, therefore, an employee normally works 40 hours per week, they get 480 hours of FMLA leave. Differentiating between weeks and hours comes into play when employees take leave intermittently or on a reduced schedule.
It's important to point out that, unlike a company’s paid time off (PTO) benefits, in which employees might accrue PTO hours, employees don’t “accrue” FMLA leave at a certain hourly rate. The FMLA regulations [29 CFR 825.205(b)(1)] state:
“An employee does not accrue FMLA-protected leave at any particular hourly rate. An eligible employee is entitled to up to a total of 12 workweeks of leave, or 26 workweeks in the case of military caregiver leave, and the total number of hours contained in those workweeks is necessarily dependent on the specific hours the employee would have worked but for the use of leave.”
Counting leave
When employees take leave intermittently or on a reduced leave schedule, employers may count only the amount of leave actually taken toward the employee's 12-week leave entitlement.
The actual workweek is the basis of leave entitlement. This means that if employees work more than 40 hours a week, they get more than 480 hours of FMLA leave. An employee who normally works 50 hours per week, for example, would get 600 hours of FMLA leave.
When calculating how much leave employees take, if an employee who otherwise works 40 hours a week takes 8 hours off, the employee would use one-fifth of a week of FMLA leave. Similarly, if an employee who normally works 8-hour days works 4-hour days under a reduced leave schedule, the employee would use one-half of a week of FMLA leave.
For employees who work a part-time schedule or variable hours, employers may pro-rate the amount of FMLA leave. If, for example, an employee who generally works 30 hours per week takes 10 hours of leave under a reduced leave schedule, the employee's 10 hours of leave would equal one-third of a week of FMLA leave.
Employers may convert these fractions to their hourly equivalent so long as the conversion equitably reflects the employee's total normally scheduled hours.
Recouping leave under the rolling backward method
Employers should be aware of the differences between accruing leave and employees recouping leave when employers use the 12-month rolling backward method for their 12-month leave year. In that situation, employees get more FMLA leave as their old leave “rolls off” the calendar and more leave “rolls on.”
Key to remember: Employees get 12 weeks of FMLA leave, but they don’t accrue the leave at a certain rate — 12 weeks is 12 weeks. How much hourly leave they get, however, is based on their actual workweek.
Keep reading...Show less
2026-02-12T06:00:00Z
NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
Expiring TSCA CBI claims: How to request an extension
How do businesses keep confidential information “off the record”? Companies that are required to report on federally regulated chemical substances may soon face this question, as the first round of confidential business information (CBI) claims starts expiring in June 2026.
Thankfully, the Environmental Protection Agency (EPA) has answered how to keep CBI off the record. On January 6, 2026, the agency published in the Federal Register the process to request extensions of expiring CBI claims for information submitted under the Toxic Substances Control Act (TSCA).
Here’s what you need to know.
CBI extension request process
Businesses that seek to extend a CBI claim beyond its expiration date must submit an extension request. The Federal Register notice describes the following general process:
1. EPA notifies the entity of an expiring CBI claim.
The agency will publish a list of TSCA submissions with expiring CBI claims on the Confidential Business Information Under TSCA (TSCA CBI) website at least 60 days before the claims expire.
EPA will also notify submitters directly through its online Central Data Exchange (CDX). Verify that your company’s contact information on CDX is updated!
Submitters with CBI claims for specific chemical identities should reference the TSCA Chemical Substance Inventory (column EXP) to confirm expiration dates.
2. The entity submits an extension request.
The extension request for an expiring CBI claim includes:
- A certified supporting statement confirming the four assertions at 40 CFR 703.5(a), and
- Answers to EPA’s substantiation questions.
EPA lists the general questions that apply to all CBI claims at 703.5(b)(3). Additional questions at 703.5(b)(4) apply to entities claiming CBI for specific chemical identities.
Businesses must submit the extension through EPA’s CDX at least 30 days before the CBI claim expires. The agency is currently developing a new application on CDX for submitting extension requests, which it plans to launch before CBI claims begin expiring in June 2026.
If there’s a delay, EPA will notify submitters on the TSCA CBI website. Additionally, the agency won’t publicize any information from expiring CBI claims until businesses have the opportunity to submit extension requests and the agency reviews them.
3. EPA reviews the extension request.
If the agency approves the extension request, the information in the CBI claim will remain protected for up to another 10 years.
If the agency denies the extension request, the information in the CBI claim can be publicized once the claim expires. EPA will notify submitters of denied claims through CDX at least 30 days before it plans to disclose the information.
Expiring CBI claims: What are the options?
Regulated entities have three ways to address expiring CBI claims:
- If you choose to maintain the CBI claim, submit the extension request to EPA.
- If you decide not to renew the CBI claim, you can either:
- Withdraw the CBI claim through CDX, or
- Allow the CBI claim to expire (i.e., take no action).
Keep in mind that if you withdraw a CBI claim or allow it to expire, EPA can publicize this information without notifying you beforehand.
Who’s impacted?
The CBI extension request process applies to companies that have made CBI claims under TSCA on or after June 22, 2016.
The Frank R. Lautenberg Chemical Safety for the 21st Century Act (signed into law on June 22, 2016) made amendments to TSCA, including adding a 10-year expiration date to CBI claims.
Key to remember: EPA established the process for entities to request extensions of expiring CBI claims for information submitted under TSCA.
Keep reading...Show less
2026-02-12T06:00:00Z
NewsIndustry NewsIndustry NewsSafety & HealthWork-Relatedness DeterminationConstruction SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyOccupational Safety and Health Administration (OSHA), DOLUSAEnglishFocus AreaInjury and Illness Recordkeeping
Work-relatedness focus of latest OSHA interpretive letter
A burn injury caused by a personal lithium ion battery fire is work related if it occurs in the workplace during assigned working hours, OSHA stated in a recently issued letter of interpretation (LOI).
The January 20 letter details an incident where an employee was burned when their rechargeable lithium-ion batteries for e-cigarettes sparked a fire after inadvertently coming into contact with a key used for work. OSHA said that even though the batteries are a personal item used for a non work purpose, the injury happened in the work environment, so the geographic presumption of work-relatedness applies. OSHA also clarified that the precipitating event is the fire, not the act of carrying the batteries.
Lee Anne Jennings, Director of OSHA’s Technical Support and Emergency Management Directorate, clarified that Section 1904.5(b)(3) of OSHA’s recordkeeping regulation doesn’t apply if the employee was at work during assigned hours and present as a condition of employment. She also noted that none of the exceptions in Section 1904.5(b)(2) are relevant in this scenario, so the injury’s cause — including whether the battery was mixed with employer-provided items — is irrelevant for determining work-relatedness.
LOIs clarify federal workplace safety standards and ensure consistent application for employers, workers, and safety professionals.
Keep reading...Show less
Search all news
Got a Compliance Question?
We’ve Got You Covered!
Get clear, reliable answers from experts with 500+ years of combined experience.
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.