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2025-03-19T05:00:00Z
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NewsWasteWater ProgramsCAA ComplianceWater ProgramsCWA ComplianceWaste/HazWasteEnglishAir ProgramsIndustry NewsIndustry NewsWasteAir ProgramsEnvironmentalFocus AreaUSA
EPA announces major regulatory reviews, overhauls
2025-03-19T05:00:00Z
The Environmental Protection Agency (EPA) announced on March 12, 2025, that it’s taking 31 actions to advance President Trump’s Day One executive orders and the recently announced “Powering the Great American Comeback” Initiative. The agency’s actions will likely impact environmental regulations across various industries.
Rules under review
EPA will reconsider an assortment of rulemakings, including:
- The Clean Power Plan 2.0 (which sets carbon dioxide emission limits on new gas-fired combustion turbines and emissions guidelines for existing coal, oil, and gas-fired steam generating units),
- Oil and gas emission limits for new and existing sources (40 CFR Part 60 Subparts OOOOb and OOOOc),
- The Greenhouse Gas (GHG) Reporting Program (GHGRP) for petroleum and natural gas systems (Part 98 Subpart W),
- The GHGRP overall (Part 98),
- Mercury Air Toxics Standards for coal- and oil-fired power plants (Part 63 Subpart UUUUU),
- Effluent limitation guidelines (ELGs) for the steam electric power generating industry (Part 423),
- Treated wastewater use and discharge for coal-fired power plants (Part 435 Subpart E),
- The Risk Management Program rule (Part 68),
- Vehicle GHG rules (including the light-, medium-, and heavy-duty vehicle regulations),
- The 2009 Endangerment Finding (relied on for seven federal vehicle rules) and related regulations and actions (Chapter I),
- The Technology Transition Rule for refrigerant systems (Part 84 Subpart B),
- The National Ambient Air Quality Standards for fine particulate matter, or PM2.5 (Parts 50, 53, and 58),
- The National Emission Standards for Hazardous Air Pollutants (Part 63) for:
- Iron and steel manufacturing,
- Rubber tire manufacturing,
- Synthetic organic chemical manufacturing,
- Commercial sterilizers for medical devices and spices,
- Lime manufacturing,
- Coke ovens,
- Copper smelting, and
- Taconite ore processing.
- The Exceptional Events rulemaking related to allowing prescribed fires within State Implementation Plans, or SIPs (Parts 50–51),
- The Regional Haze Program implementing regulations (51.308), and
- The Good Neighbor Plan (Parts 52, 75, 78, and 97).
The agency will also take other actions, such as:
- Working with the U.S. Army Corps of Engineers to finalize the definition of “waters of the United States” related to Clean Water Act permits,
- Updating enforcement discretion by revising the National Enforcement and Compliance Initiatives, and
- Prioritizing the coal ash program to expedite state permit reviews and update the coal ash regulations (including amending the Legacy Coal Combustion Residuals Surface Impoundments and CCR Management Units rule).
About EPA’s new initiative
In February 2025, the agency announced the Powering the Great American Comeback Initiative, which outlines EPA’s priorities. The initiative consists of five pillars:
- Clean air, land, and water;
- Restore energy dominance;
- Permitting reforms, cooperative federalism, and cross-agency partnership;
- Make the U.S. the artificial intelligence capital of the world; and
- Protect and bring back American auto jobs.
EPA’s 31 actions will primarily address the first three pillars.
Key to remember: EPA will reconsider major rulemakings that may impact a variety of industries.

NewsWasteWater ProgramsCAA ComplianceWater ProgramsCWA ComplianceWaste/HazWasteEnglishAir ProgramsIndustry NewsIndustry NewsWasteAir ProgramsEnvironmentalFocus AreaUSA
EPA announces major regulatory reviews, overhauls
2025-03-19T05:00:00Z
Written by
Adriana Lucus
Adriana Lucus
MBA
Adriana Lucus joined the J. J. Keller & Associates, Inc. team in 2023. As an Associate Editor, Adriana's passion for precision shines through in her meticulous research and editing skills. She holds a valuable role in supporting editorial content teams across various projects.
The Environmental Protection Agency (EPA) announced on March 12, 2025, that it’s taking 31 actions to advance President Trump’s Day One executive orders and the recently announced “Powering the Great American Comeback” Initiative. The agency’s actions will likely impact environmental regulations across various industries.
Rules under review
EPA will reconsider an assortment of rulemakings, including:
- The Clean Power Plan 2.0 (which sets carbon dioxide emission limits on new gas-fired combustion turbines and emissions guidelines for existing coal, oil, and gas-fired steam generating units),
- Oil and gas emission limits for new and existing sources (40 CFR Part 60 Subparts OOOOb and OOOOc),
- The Greenhouse Gas (GHG) Reporting Program (GHGRP) for petroleum and natural gas systems (Part 98 Subpart W),
- The GHGRP overall (Part 98),
- Mercury Air Toxics Standards for coal- and oil-fired power plants (Part 63 Subpart UUUUU),
- Effluent limitation guidelines (ELGs) for the steam electric power generating industry (Part 423),
- Treated wastewater use and discharge for coal-fired power plants (Part 435 Subpart E),
- The Risk Management Program rule (Part 68),
- Vehicle GHG rules (including the light-, medium-, and heavy-duty vehicle regulations),
- The 2009 Endangerment Finding (relied on for seven federal vehicle rules) and related regulations and actions (Chapter I),
- The Technology Transition Rule for refrigerant systems (Part 84 Subpart B),
- The National Ambient Air Quality Standards for fine particulate matter, or PM2.5 (Parts 50, 53, and 58),
- The National Emission Standards for Hazardous Air Pollutants (Part 63) for:
- Iron and steel manufacturing,
- Rubber tire manufacturing,
- Synthetic organic chemical manufacturing,
- Commercial sterilizers for medical devices and spices,
- Lime manufacturing,
- Coke ovens,
- Copper smelting, and
- Taconite ore processing.
- The Exceptional Events rulemaking related to allowing prescribed fires within State Implementation Plans, or SIPs (Parts 50–51),
- The Regional Haze Program implementing regulations (51.308), and
- The Good Neighbor Plan (Parts 52, 75, 78, and 97).
The agency will also take other actions, such as:
- Working with the U.S. Army Corps of Engineers to finalize the definition of “waters of the United States” related to Clean Water Act permits,
- Updating enforcement discretion by revising the National Enforcement and Compliance Initiatives, and
- Prioritizing the coal ash program to expedite state permit reviews and update the coal ash regulations (including amending the Legacy Coal Combustion Residuals Surface Impoundments and CCR Management Units rule).
About EPA’s new initiative
In February 2025, the agency announced the Powering the Great American Comeback Initiative, which outlines EPA’s priorities. The initiative consists of five pillars:
- Clean air, land, and water;
- Restore energy dominance;
- Permitting reforms, cooperative federalism, and cross-agency partnership;
- Make the U.S. the artificial intelligence capital of the world; and
- Protect and bring back American auto jobs.
EPA’s 31 actions will primarily address the first three pillars.
Key to remember: EPA will reconsider major rulemakings that may impact a variety of industries.

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Most Recent Highlights In Environmental
NewsEnglishToxic Substances Control Act - EPAChange NoticesChange NoticeTSCA ComplianceWasteToxic Substances - EPAEnvironmentalSolid WasteWaste/HazWasteNew HampshireFocus Area
2026-08-25T05:00:00Z
New Hampshire adopts PFAS product regulations
Effective date: July 17, 2026
This applies to: Any entity that manufactures or supplies specific consumer products with intentionally added per- and polyfluoroalkyl substances (PFAS)
Description of change: The New Hampshire Department of Environmental Services adopted rules to implement the Per- and Polyfluoroalkyl Substances Products Control Program, which bans certain PFAS-added consumer products from being sold, offered for sale, or distributed for sale or promotional purposes.
The regulations:
- Ban certain products with intentionally added PFAS from being sold or distributed in New Hampshire (unless specifically exempt);
- Establish the certificate of compliance (COC) process, under which manufacturers and suppliers must provide a COC upon request of the department to demonstrate compliance; and
- Establish exemptions.
The ban applies to PFAS-added products manufactured on or after January 1, 2027. Product categories include:
- Carpets and rugs;
- Cosmetics;
- Feminine hygiene products;
- Food packaging and containers;
- Juvenile products;
- Textile furnishings;
- Textile treatments;
- Upholstered furniture; and
- Waxes for use on boats; skis; surfboards; bodyboards; and skimboards.
Examples of exempted products include all products manufactured before January 1, 2027; secondhand products; and products with at least 85 percent recycled content.
NewsWater PermittingChange NoticesChange NoticeWater ProgramsWater QualityEnvironmentalWater ProgramsEnglishNew HampshireFocus AreaCWA Compliance
2026-08-25T05:00:00Z
New Hampshire requires electronic applications for AOT permits
Effective date: August 6, 2026
This applies to: Projects that will disturb more than 100,000 square feet of terrain (or 50,000 square feet if it’s within the protected shoreline) and projects that will disturb any area with a 25 percent or steeper land slope that’s within 50 feet of surface water
Description of change: The New Hampshire Department of Environmental Services amended the regulations for Alteration of Terrain (AOT) permitting, requiring applicants to submit all permit applications and permits by notification online through its new e-permitting system, NHEnviro.
The department also made other changes, such as:
- Expanding the general permit rule to cover specific steep slope projects, and
- Exempting excavation and mining projects from the 5-acre open area disturbance limit.
NewsIndustry NewsEnglishEnvironmental Management SystemsSustainabilityIn-Depth ArticleEnvironmentalEMS Roles and ResponsibilitiesEnvironmental Management SystemsFocus AreaUSA
2026-08-21T05:00:00Z
Maintenance and environmental compliance go hand in hand
Environmental compliance is often viewed as the responsibility of the environmental, health, and safety (EHS) department. In reality, many compliance successes and failures occur on the plant floor, in maintenance shops, and around equipment managed by maintenance personnel.
Maintenance employees regularly handle used oil, inspect tanks, repair air pollution control equipment, respond to spills, and maintain secondary containment systems. Their daily decisions can directly affect compliance with federal, state, and local environmental requirements. As facilities face increased scrutiny of air emissions, waste management, and spill prevention programs, coordination between environmental and maintenance personnel has become increasingly important. That is why one of the most valuable members of an environmental compliance team is often someone from maintenance.
Used oil management starts in the shop
Many maintenance departments generate used oil from equipment servicing, vehicle maintenance, and hydraulic system repairs. While used oil can often be managed under streamlined regulations, improper handling can quickly create compliance problems.
Common issues include storing used oil in unlabeled containers, mixing used oil with hazardous waste, or failing to address leaks from storage containers. Even small mistakes can increase disposal costs or change how the waste must be managed. Maintenance personnel can help reduce these risks by ensuring used oil containers remain closed when not in use, are properly labeled, and are routinely inspected for signs of leakage or deterioration.
Spill response depends on employees closest to the release
When a spill occurs, maintenance staff are often among the first employees on scene.
Their actions during the first few minutes can affect both environmental impacts and regulatory obligations. Quickly stopping the source of a release, protecting drains, and containing spilled material can prevent a minor incident from becoming a reportable event.
Facilities should ensure maintenance personnel understand spill response procedures, know where response equipment is located, and recognize when environmental staff or emergency responders must be notified.
Even facilities with formal spill response plans depend on maintenance employees to implement many of the initial response actions.
Air compliance requires reliable equipment
Many facilities rely on air pollution control devices such as baghouses, scrubbers, thermal oxidizers, or dust collection systems to comply with permit requirements.
Environmental managers may be responsible for reporting emissions and maintaining permit records, but maintenance staff are often responsible for keeping control equipment operating properly.
A failed pressure gauge, malfunctioning fan, broken duct connection, or neglected preventive maintenance task can affect emissions performance and potentially result in permit deviations.
Facilities should ensure maintenance programs include environmental control equipment and that maintenance personnel understand which equipment has environmental significance.
Tanks and containment need routine attention
Storage tanks and secondary containment systems are another area where maintenance and environmental responsibilities overlap.
Maintenance personnel may also maintain stormwater controls, drainage structures, and outdoor storage areas that affect permit compliance.
Routine inspections can identify corrosion, damaged coatings, leaking fittings, deteriorated hoses, and cracks before they become larger problems. These conditions may not seem urgent from an operational perspective, but they can increase the risk of releases and regulatory violations.
Facilities should establish inspection procedures, clearly define responsibilities, and document findings. A simple inspection program can often identify problems early, reducing both environmental risk and repair costs.
Communication helps prevent violations
Many environmental compliance issues occur when operational changes are made without considering environmental impacts.
New equipment, replacement tanks, process modifications, and maintenance projects can affect air emissions, waste generation, chemical storage, or spill prevention requirements. Environmental staff may not become aware of these changes until after installation.
Regular communication between maintenance and environmental personnel can help identify potential compliance concerns before work begins. In many cases, a short conversation during project planning can prevent significant compliance challenges later.
Building a partnership between maintenance and environmental teams
Environmental compliance is most effective when it is integrated into daily operations. Maintenance teams often have the best understanding of equipment conditions, storage systems, and operational changes occurring throughout a facility.
Environmental awareness training, maintenance involvement in inspections, and regular communication can strengthen compliance programs and identify problems sooner.
Environmental managers bring regulatory expertise. Maintenance personnel bring operational knowledge. Together, they create a stronger foundation for compliance than either group can achieve alone.
Key to remember: Environmental compliance is not solely an EHS responsibility. Maintenance staff play a critical role in preventing spills, managing used oil, maintaining compliance equipment, and identifying problems before they become violations.
NewsNon-Point SourcesPublicly Owned Treatment WorksMunicipal WastewaterChange NoticesChange NoticeWater ProgramsIndustrial WastewaterVirginiaEnvironmentalWater MonitoringCWA ComplianceEnglishFocus Area
2026-08-14T05:00:00Z
Virginia requires PFAS monitoring for wastewater
Effective date: September 9, 2026
This applies to: Publicly owned treatment works (POTW)
Description of change: The Virginia State Water Control Board adopted amendments to the Virginia Pollutant Discharge Elimination System (VPDES) Permit regulation. The updated regulations:
- Require POTWs to mandate quarterly discharge monitoring for per- and polyfluoroalkyl substances (PFAS) for certain industrial user categories,
- Establish a 30-day reporting deadline for monitoring results, and
- Specify acceptable test methods.
Covered industrial categories include:
- PFAS manufacturing facilities;
- Electroplating and metal finishing facilities using PFAS;
- Semiconductor and circuit board facilities using PFAS;
- Paper and packaging manufacturing facilities using PFAS;
- Textile mills and tanneries using PFAS and leather, fabric, and carpet treaters using PFAS;
- Centralized waste treatment industrial facilities;
- Industrial launderers; and
- Any other facility or site that’s a source of PFAS (such as landfills).
The POTWs must report results quarterly to the Virginia Department of Environmental Quality. Additionally, industrial users must report monitoring results within 30 days of receiving the laboratory results.
Related state info: Industrial water permitting — Virginia
NewsGroundwaterChange NoticesChange NoticeWater ProgramsWater ReportingVirginiaEnvironmentalWater ProgramsEnglishFocus AreaCWA Compliance
2026-08-14T05:00:00Z
Virginia amends water withdrawal reporting requirements
Effective date: September 9, 2026
This applies to: Water users providing water to another person off-site
Description of the change: The Virginia State Water Control Board amended water withdrawal reporting requirements for water users providing water to another person off-site. These users are now required to report monthly (or quarterly if applicable) the total volumes of potable water and reclaimed water that they provided:
- To a data center with an air permit from the Virginia Department of Environmental Quality; and
- For domestic, commercial, industrial, and all other non-categorized purposes.
The reporting requirement takes effect on January 1, 2027.
Most Recent Highlights In Transportation
NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceToxic Substances - EPAEnvironmental Protection Agency (EPA)EnvironmentalIn-Depth ArticleEnglishFocus AreaUSA
2026-08-14T05:00:00Z
TSCA Exposure Control Plan: 5 FAQs answered
Do you have a toxic work environment — literally? For facilities that handle chemicals, the answer is likely yes. And for specific chemicals, federal environmental regulations require facilities to protect workers by controlling their exposure to these substances.
The Workplace Chemical Protection Program (WCPP) is one way the Environmental Protection Agency (EPA) protects potentially exposed workers from hazardous chemicals in the workplace. And at the core of the WCPP is the Exposure Control Plan (ECP); it’s the roadmap documenting how a facility will keep its employees safe. If your business manufactures (including imports), processes, distributes, uses, or disposes of a chemical substance subject to risk management regulations under Section 6 of the Toxic Substances Control Act (TSCA), an ECP may be required.
Consider these FAQs to help you implement an effective ECP that guards your workers against a “toxic work environment."
What’s an ECP?
An ECP is a strategic document explaining:
- What exposure controls the facility takes to reduce occupational exposure to a regulated chemical to or below EPA’s exposure limits; and
- How the facility will implement the other WCPP requirements (such as implementing exposure controls, establishing regulated areas, and providing training).
Any time a facility uses a TSCA Section 6 chemical that’s subject to the WCPP regulations (40 CFR Part 751), an ECP is required. This applies even if exposure monitoring determines that the concentration of a regulated chemical substance is below the existing chemical exposure limit or action level.
How do you develop an ECP?
Owners or operators must establish an ECP using the hierarchy of controls framework, following a sequence of actions to identify the control measures that will best reduce hazardous workplace exposures. The hierarchy of controls is ordered from the most to the least effective methods:
- Elimination stops the use of the chemical.
- Substitution replaces the chemical with a safer alternative.
- Engineering controls prevent people from coming into contact with the chemical (e.g., local exhaust ventilation and protective barriers).
- Administrative controls establish work practices that reduce the duration, frequency, or intensity of chemical exposure (like limiting access to exposure areas).
- Personal protective equipment (PPE), such as respirators, reduces or mitigates exposure.
EPA requires owners or operators to consider every level of the hierarchy. PPE should be a last resort and used only when other controls aren’t possible or when other methods don’t sufficiently reduce hazardous exposure to safe levels.
What’s in an ECP?
Generally, an ECP must include the following:
- The exposure control measures that were considered using the hierarchy of controls;
- The reason why each control measure was selected or not selected based on feasibility, effectiveness, or other relevant information;
- The actions required to implement the selected controls (e.g., installation, maintenance, training);
- The regulated areas (workplace locations where worker exposure may exceed exposure limits), how they’re identified, and the people authorized to enter them;
- The process for reviewing and updating the ECP to ensure that the exposure controls are effective, updated when needed, and properly implemented; and
- The procedures for responding to new sources of or increases in exposure to the regulated chemical, including taking corrective actions.
Owners or operators must review and update ECPs when making major changes to the WCPP. However, EPA’s chemical-specific rules limit the length of time between reviews. The review frequency in the chemical-specific rule is the minimum requirement.
For example, the perchloroethylene rule (751.607) requires facilities to review and update the ECP at least every 5 years, while the chrysotile asbestos rule (751.511) requires facilities to review and update the ECP at least annually.
Can an ECP be added to an existing safety program?
Yes! Owners or operators can either:
- Incorporate the ECP into an existing industrial hygiene or chemical management program (like a chemical hygiene plan) if the ECP contains all the required components, or
- Develop an individual document for the ECP.
Can one ECP be used for multiple regulated chemicals?
EPA allows owners or operators to develop one standalone ECP that covers multiple chemicals subject to TSCA Section 6 regulations if the plan complies with each chemical’s specific requirements.
Key to remember: The Exposure Control Plan explains how a facility will implement the Workplace Chemical Protection Program and the exposure controls needed to protect workers from hazardous chemical exposures.
NewsIndustry NewsCERCLA, SARA, EPCRA CERCLA, SARA, EPCRATSCA ComplianceWaste/HazWasteCAA ComplianceEnvironmentalIn-Depth ArticleCWA ComplianceEnglishSARA ComplianceFocus AreaUSA
2026-08-13T05:00:00Z
The environmental compliance program hiding in your chemical inventory
Environmental programs may appear unrelated, but most rely on accurate information about the chemicals a facility uses, stores, or generates. Air permits, hazardous waste determinations, emergency planning, chemical reporting, and spill response programs all depend on knowing what chemicals are on site.
Yet chemical inventory management is often divided among multiple departments. Purchasing tracks what comes in, operations tracks what is used, maintenance stores products for later use, and environmental staff may only become involved when reporting deadlines approach. When inventories are incomplete or outdated, compliance problems can quickly follow.
A single source of truth supports multiple programs
Before a facility can determine its environmental obligations, it must first understand what chemicals are present on site.
The information contained in a chemical inventory supports numerous environmental programs, and different inventory data serve different purposes. Product quantities may affect EPCRA reporting. Chemical constituents help identify TRI chemicals and estimate releases. Usage data support air emissions calculations, while information about spent materials can help determine whether hazardous waste rules apply. Storage quantities, container types, and locations may also affect spill prevention and emergency response planning.
Consider a facility that introduces a new solvent for equipment cleaning. Purchasing may view it as a routine substitution, but the environmental implications may be much broader. The solvent may contain volatile organic compounds (VOCs) that affect air permits, TRI-listed constituents, or chemicals subject to EPCRA. If the spent solvent is discarded, hazardous waste regulations may also come into play. A complete inventory and chemical review process can identify these issues before the product enters service.
When departments maintain separate inventories using different data sources, inconsistencies can develop. One database may show a product as active while another indicates it is no longer used. A chemical stored in a maintenance room may never make its way into environmental records. These gaps can create reporting errors and complicate inspections.
Small changes can have large compliance impacts
Chemical inventories are not static. New products are introduced, suppliers change formulations, production processes evolve, and maintenance departments purchase materials to address operational needs.
Even seemingly minor changes can affect compliance programs. A reformulated product may contain a reportable constituent that it did not contain previously. A new coating operation may increase air emissions. Additional chemical storage may trigger emergency planning requirements or affect secondary containment needs.
Without a chemical review process involving environmental, safety, operations, and purchasing personnel, facilities may not recognize these implications until well after a change has occurred. This approach helps identify regulatory concerns before products are ordered, stored, or put into use.
Inspections often begin with inventory questions
Environmental inspectors often compare records against actual site conditions. Chemical inventories frequently become a focal point because they intersect with multiple regulatory programs.
Inspectors may compare inventory records with container labels, safety data sheets (SDSs), storage areas, waste accumulation locations, or reported chemical quantities. Discrepancies can raise questions about reporting accuracy and program oversight.
A well-maintained inventory shows that a facility has systems to manage compliance and allows personnel to quickly answer questions about chemical storage and use.
Building a stronger inventory program
The challenge is deciding what information to track and how to keep it current. An effective chemical inventory program does not need to be complicated, but it should be consistent.
At a minimum, facilities should track product names, storage locations, quantities on site, usage rates, SDS information, and key chemical constituents. Different data elements support different programs. Storage quantities may affect EPCRA reporting, chemical constituents may drive TRI evaluations, and usage rates often provide critical data for air emissions calculations. Some organizations also identify whether a product contains TRI chemicals, hazardous air pollutants (HAPs), VOCs, PFAS, or other substances subject to reporting or permitting requirements. Centralizing this information can simplify environmental evaluations throughout the year.
Facilities should establish clear ownership of inventory data, periodically verify inventory accuracy in the field, review new chemicals before purchase, and ensure information is shared across departments. Environmental staff should also periodically compare inventory data against reporting submissions, air permits, waste records, and emergency planning documentation. The goal is not simply to maintain a list of chemicals, but to create a reliable foundation for environmental decision making. A well-managed inventory supports air permitting, chemical reporting, emergency planning, spill prevention, and hazardous waste programs. When inventory data is accurate and readily available, environmental professionals spend less time chasing information and more time managing compliance risks.
Key to remember: Chemical inventory management is more than a recordkeeping exercise. A complete and accurate inventory provides the information needed to support air, waste, emergency planning, spill prevention, and chemical reporting programs, helping facilities identify compliance obligations before problems arise.
NewsHazardous WasteSARA ComplianceCommunity Right to KnowPesticidesMine SafetyPesticide Registration and LabelingTSCA ComplianceWater ProgramsBenzeneWater QualitySafety Data Sheet ReportingMiningWaste/HazWasteTier II Inventory ReportingEnforcement and Audits - OSHASafety & HealthToxic and Hazardous Substances - OSHAEnvironmentalAir ProgramsToxic and Hazardous Substances - OSHAVideoAir QualityEnforcement and Audits - OSHACERCLA, SARA, EPCRAToxic Substances Control Act - EPAAir EmissionsMonthly Roundup VideoCAA ComplianceCWA ComplianceEnglishIndustry News
EHS Monthly Round Up - July 2026
In this July 2026 monthly roundup 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. Let’s take a look at what happened over the past month.
OSHA published its 2026 regulatory agenda on July 3. Of note, the agency projects an April 2027 date for the Emergency Response final rule, and the Heat Illness proposal is slated to be finalized in October 2027. In November 2026, OSHA also expects to publish a final rule addressing the use of subpoenas during investigations.
OSHA reopened the comment period for 14 chemical-specific proposals. This allows the public 30 days to comment on recommendations made by OSHA’s Advisory Committee on Construction Safety and Health.
OSHA updated its Voluntary Protection Programs, which recognize workplaces with strong safety and health programs and low injury rates. The changes align with the seven core elements in the agency’s Recommended Practices for Safety and Health Programs.
The Mine Safety and Health Administration withdrew 4 regulations that it says address outdated effective dates and requirements for various industry equipment and procedures. These relate to conveyor belts, blacksmith shops, diesel emission limits, and permissible flame safety lamps.
Turning to environmental news, EPA released detailed instructions and deadlines for pesticide registrants to begin compliance with the bilingual labeling requirements in the My PeST application. The first compliance deadline was July 31.
EPA aligned regulations under EPCRA Sections 311 and 312 with OSHA’s Hazard Communication amendments for hazardous chemical reporting requirements. Facilities must use OSHA’s hazard classes with their categories for safety data sheet submissions and hazardous chemical inventory reports required under EPCRA Sections 311 and 312.
And finally, EPA published its 2026 regulatory agenda on July 3. Many of the proposed and final rules support the agency’s continued deregulatory efforts and may impact regulatory compliance with air, land, and water rules.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
NewsGreenhouse GasesEnforcement and Audits - OSHAMonthly Roundup VideoWalking Working SurfacesCAA ComplianceUSAInjury and Illness RecordkeepingLaddersEnglishIndustry NewsEnforcement and Audits - OSHAOSHA InspectionsSafety & HealthInjury and Illness Recording CriteriaGeneral Industry SafetyEnvironmentalFocus AreaAir ProgramsVideo
EHS Monthly Round Up - February 2026
In this Februrary 2026 roundup video, we'll discuss 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. Let’s take a look at what happened over the past month.
Fatal work injuries fell 4 percent in 2024, largely due to a decline in workplace drug- and alcohol-related overdoses. According to the Bureau of Labor Statistics, overdose fatalities fell from 512 in 2023 to 410 in 2024. Across all types of workplace incidents, there were 5,070 fatal work injuries in 2024, compared to 5,283 in 2023. Transportation incidents continue to be the most frequent type of fatal event, accounting for over 38 percent of all occupational fatalities in 2024.
OSHA is fast-tracking a proposal to remove the 2036 obligation to upgrade fall protection systems on fixed ladders that extend over 24 feet. This follows an industry petition from major chemical and petroleum industry groups, which argue the provision is unjustified, costly, and not supported by the rulemaking record. OSHA frames the upcoming proposed action as deregulatory, allowing employers to update fixed ladders at the end of their service lives. We’ll provide updates as more information becomes available.
As OSHA leans into “deregulatory” actions, lawmakers are moving to pressure the agency to issue “regulatory” rulemaking to protect American workers. The latest legislative wave of bills aims to fill regulatory gaps, tackle emerging hazards, expand OSHA authority, and raise penalties. Topics addressed by these bills include musculoskeletal disorders, heat stress, infectious diseases, wildfire smoke, and workplace violence.
In a recently issued letter of interpretation, OSHA states that a burn injury caused by a personal lithium-ion battery fire is work related if it occurs in the workplace during assigned working hours. The letter details an incident where an employee was burned when their rechargeable lithium-ion batteries for e-cigarettes sparked a fire after coming into contact with a key used for work.
A new report from the Department of Labor Office of Inspector General concludes that OSHA struggles to meet its mission, particularly in high-risk industries like healthcare, construction, and manufacturing. Several pages point to OSHA’s difficulties in effectively enforcing annual injury and illness reporting requirements, reaching the nation’s high-risk worksites for inspection, and addressing workplace violence by regulatory or other action.
Turning to environmental news, EPA extended the deadlines for Facility Evaluation Reports and related requirements for coal combustion residuals facilities. In most instances, the deadlines have been moved one or two years out.
And finally, EPA announced a final rule eliminating the 2009 Endangerment Finding and related greenhouse gas emission requirements for on-highway vehicles and vehicle engines. When the final rule takes effect, manufacturers and importers of new motor vehicles and motor vehicle engines will no longer have to measure, report, certify, or comply with federal greenhouse gas emission standards.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
NewsGreenhouse GasesToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceMonthly Roundup VideoCAA ComplianceUSAHazard CommunicationEnglishIndustry NewsSafety & HealthConstruction SafetyGeneral Industry SafetyMaritime SafetyEnvironmentalFocus AreaHazard CommunicationAir ProgramsVideo
EHS Monthly Round Up - May 2026
In this May 2026 roundup 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. Let’s take a look at what happened over the past month.
The first compliance date for the revised HazCom standard took effect May 19. Employers who work with chemical substances that are aerosols, desensitized explosives, or flammable gases should start to see updated safety data sheets and labels. On a related note, OSHA revised its HazCom directive for inspectors. It instructs OSHA officers on how to conduct inspections and issue citations under the standard. However, it also provides chemical manufacturers, importers, distributors, and employers with insight into what officers will be assessing.
OSHA revoked a standard that prohibited open fires and fires in drums or similar containers in marine terminals. The agency stated that since this is no longer typical practice, removing the standard would lessen the compliance burden without compromising worker safety.
OSHA received the backing of an advisory committee as it advances a comprehensive Tree Care Operations proposal. During the Advisory Committee on Construction Safety and Health meeting, the group unanimously voted in favor of moving ahead. This clears the path for OSHA to publish its long-awaited proposal.
Turning to environmental news, EPA extended the submission date for the TSCA Section 8(d) Health and Safety Data Reporting Rule one-time report from May 22, 2026, to May 21, 2027.
EPA published the first round of expiring confidential business information claims for information submitted under TSCA. The list covers claims that expire from June 22 to July 31, 2026. Businesses must submit extension requests to keep the information protected.
EPA postponed the effective compliance date for trichloroethylene users with TSCA Section 6(g) exemptions until pending judicial review is concluded. The agency has yet to establish a new compliance date.
And finally, EPA revised HFC use restrictions for certain subsectors. This applies to entities that are subject to the 2023 Technology Transition Rule requirements. The agency also proposed a rule that would exempt transportation refrigeration units from leak repair requirements regardless of charge size.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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EHS Monthly Round Up - March 2026
In this March 2026 roundup 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. Let’s take a look at what happened over the past month.
OSHA released an updated Job Safety and Health poster. Employers can use either the revised version or the older one, but the poster must be displayed in a conspicuous place where workers can easily see it.
OSHA recently removed a link from its Data topic webpage that displayed a list of “high-penalty cases” at or over $40,000 since 2015. The agency says it discontinued and removed it in December. The data is frozen and archived elsewhere.
OSHA published two new resources as part of its newly launched Safety Champions Program. The fact sheet provides an overview of how the program works, eligibility criteria, and key benefits. The step-by-step guide helps businesses navigate the core elements of OSHA’s Recommended Practices for Safety and Health Programs.
Several forces are nudging OSHA to address a number of workplace hazards and high-hazard industries. This comes from other agencies, safety organizations, watchdogs, legislative proposals, and persistent injury/fatality data. Among the hazards are combustible dust; first aid; personal protective equipment; and workplace violence. How all this translates into new regulations, guidance, programmed inspections, or other initiatives remains to be seen.
Turning to environmental news, EPA issued a proposed rule to require waste handlers to use electronic manifests to track all RCRA hazardous waste shipments. Stakeholders have until May 4 to comment on the proposal.
On March 10, EPA finalized stronger emission limits for new and existing large municipal waste combustors and made other changes to related standards.
And finally, EPA temporarily extended coverage under the 2021 Multi-Sector General Permit for industrial stormwater discharges until the agency issues a new general permit. The permit expired February 28 and remains in effect for facilities previously covered. EPA won’t take enforcement action against new facilities for unpermitted stormwater discharges if the facilities meet specific conditions.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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EHS Monthly Round Up - April 2026
In this April 2026 roundup 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. Let’s take a look at what happened over the past month.
OSHA revised its National Emphasis Program on heat-related hazards. Going forward, the agency will prioritize inspections in 55 high-risk industries in indoor and outdoor work settings. The program remains in effect for 5 years from its April 10 effective date.
An OSHA proposed rule seeks to eliminate the November 18, 2036, deadline in the Walking-Working Surfaces standard that would require all fixed ladders extending more than 24 feet above a lower level to be equipped with personal fall arrest systems or ladder safety systems. OSHA also seeks feedback on nine specific questions related to the proposal, with comments due on June 5.
On April 17, OSHA revoked its House Falls in Marine Terminals standard at 1917.41. The agency said that because most cargo has been containerized and is moved by cranes, the standard is no longer necessary to protect employees.
Turning to environmental news, an EPA final rule further delays the submission period for the one-time PFAS report required of manufacturers. It pushes the start of the submission period to either 60 days after the effective date of a future final rule updating the PFAS Reporting Rule or January 31, 2027, whichever comes first.
An EPA final rule makes technical changes to the emission standards established in March 2024 for crude oil and natural gas facilities. The changes take effect June 8.
EPA published the draft 6th Contaminant Candidate List for the next group of contaminants to be considered for regulation under the Safe Drinking Water Act. The proposed list designates microplastics and pharmaceuticals as priority contaminant groups for the first time.
And finally, EPA plans to make significant changes to coal combustion residuals requirements. A proposed rule published April 13 would revise the regulations governing the disposal of coal combustion residuals in landfills and surface impoundments, as well as the beneficial use of coal combustion residuals.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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EHS Monthly Round Up - June 2026
In this June 2026 roundup 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. Let’s take a look at what happened over the past month.
OSHA won’t increase its penalty amounts in 2026. The agency is required to annually adjust its penalties for inflation, based specifically on the October Consumer Price Index data released by the Bureau of Labor Statistics. Due to a lapse in funding, BLS did not release the October 2025 data. Because no alternative calculation is allowed, OSHA penalties will remain at the 2025 amounts.
OSHA updated its inspection guidance for the Hazard Communication standard. While the document is geared towards OSHA inspectors, it provides insights for chemical manufacturers, importers, distributors, and employers as to what the agency will look for during an inspection.
OSHA will hold a series of informal, virtual hearings on multiple proposed rules beginning August 19th. The majority relate to respiratory protection requirements for different chemical substances. All of the proposed rules were originally published in the Federal Register on July 1, 2025.
Nevada OSHA published a list of frequently asked questions related to its recently adopted heat illness rule. The state’s rule took effect April 29.
Turning to environmental news, EPA restored emergency-related affirmative defense provisions for Title V operating permits. This allows stationary sources to assert a regulatory affirmative defense for certain air emission violations caused by events beyond their control.
EPA released two proposed rules that would have major impacts on drinking water regulations for PFAS. The agency will accept comments on the proposals until July 20.
And finally, EPA now allows facilities to submit PCB annual reports electronically. Facilities can start with the upcoming report that’s due July 15.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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EHS Monthly Round Up - January 2026
In this January 2026 roundup 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. Let’s take a look at what happened over the past month.
Chemical manufacturers, importers, distributors, and employers will have an extra four months to comply with the provisions of OSHA’s revised Hazard Communication standard. When the rule was revised in 2024, it contained staggered compliance dates for those who classify or use chemical substances and mixtures. The first compliance date is now May 19 rather than January 19 of 2026.
On January 8, OSHA issued further technical corrections to its Hazard Communication final rule. An initial set of corrections was published in October 2024, and OSHA continued to review the standard for errors. The agency said these corrections should reduce confusion during the chemical classification process and prevent errors on labels and safety data sheets.
In 2024, private industry employers reported 2.5 million nonfatal workplace injuries and illnesses, according to the Bureau of Labor Statistics. This is down 3.1 percent from 2023 and largely due to a decrease in respiratory illnesses. The greatest number of cases involving days away from work, job restriction, or transfer were caused by overexertion, repetitive motion, and bodily conditions, followed by contact incidents.
Registration is open for OSHA’s Safety Champions Program, which is designed to help employers develop and implement effective safety and health programs. Participants can work at their own pace through Introductory, Intermediate, and Advanced levels.
Turning to environmental news, on January 9, EPA withdrew its direct final rule on SDS/Tier II reporting tied to OSHA HazCom, before it had a chance to take effect. The direct final rule was published back on November 17, 2025, and was intended to relax the Tier II and safety data sheet reporting requirements and align with OSHA’s HazCom standard. EPA said it plans to write a new rule addressing all public comments.
And finally, EPA published a final rule that changes certain requirements for wastewater discharges from coal-fired steam electric power plants. It applies to the deadlines established by the preceding rule finalized in 2024.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
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2026-08-05T05:00:00Z
Environmental compliance during capital projects: What gets missed most often
Capital projects often focus on budgets, schedules, engineering specifications, and operational goals. Project teams, however, frequently treat environmental compliance as a secondary consideration until late in the project lifecycle. That approach can create costly delays, permit violations, unexpected expenses, and even enforcement actions.
The most commonly missed environmental compliance issue during capital projects is the failure to evaluate how seemingly routine changes affect regulatory obligations. Changes to equipment, raw materials, production capacity, fuel usage, waste generation, emissions, water discharges, or storage practices can trigger new environmental requirements. What appears to be a straightforward operational improvement may alter permit applicability, increase emissions, generate new waste streams, or require additional monitoring and recordkeeping. Organizations that wait until construction is underway to ask environmental compliance questions often discover that regulatory reviews should've occurred months earlier.
Operational changes can trigger new requirements
Many capital projects are initiated to improve efficiency, increase production, or expand capabilities. As a result, project teams often focus on engineering and operational objectives without fully evaluating how proposed changes will affect environmental compliance.
Even relatively modest modifications can create compliance obligations that weren't considered during project planning. A project that increases throughput, changes operating patterns, or introduces new materials may trigger additional permitting, monitoring, or reporting requirements. Facilities that conduct environmental reviews during the early planning stages are generally better positioned to identify and address these issues before they affect project schedules.
Air and water impacts are often underestimated
Air permitting is one area where projects frequently encounter surprises. Process changes and production increases can affect emission calculations and permit thresholds. Facilities sometimes assume that replacing equipment with newer technology automatically improves compliance. In reality, changes in throughput, operating hours, fuels, or process materials can increase potential emissions or trigger new regulatory requirements even when newer equipment is more efficient.
Water-related requirements are also frequently overlooked. Site expansions may alter drainage patterns, increase impervious surfaces, or create new industrial stormwater exposure areas. Construction activities can trigger erosion and sediment control obligations, while process changes may affect wastewater characteristics, discharge volumes, or pretreatment requirements. These issues are often easier and less expensive to address during project design than after construction begins.
Chemical and waste management challenges
Hazardous waste and chemical management considerations are also frequently overlooked during capital projects. Introducing new raw materials, products, or process chemicals may create waste streams that require different handling, storage, transportation, or disposal practices.
Additional storage capacity may require updates to spill prevention measures, emergency response procedures, or chemical inventories. In some cases, project teams don't identify these impacts until after equipment is installed and operational.
Facilities may also discover that existing waste determinations no longer apply to modified operations. Failure to evaluate new or changed waste streams can result in improper waste management practices and increased regulatory risk.
Compliance doesn't end with the permit
Permitting is only one component of environmental compliance. Capital projects often require updates to a variety of compliance-related documents and programs that support day-to-day operations.
Facilities may need to revise Stormwater Pollution Prevention Plans (SWPPPs); Spill Prevention, Control, and Countermeasure (SPCC) Plans; inspection procedures; training materials; and recordkeeping systems. These updates are sometimes overlooked when project teams focus primarily on obtaining permits or completing construction milestones.
Failing to update supporting documentation can create compliance gaps even when all necessary permits have been obtained.
Communication and change management matter
Another common challenge is communication. Environmental compliance responsibilities often extend beyond environmental staff to engineering, operations, maintenance, purchasing personnel, and contractors. When environmental requirements aren't communicated effectively, critical information may never reach those responsible for implementing controls, maintaining records, or conducting inspections.
Many of these issues can be traced to the absence of a formal management of change (MOC) process. Capital projects frequently evolve as designs are refined, equipment is substituted, or project scopes change. Without a structured review process, environmental impacts identified early in the project may no longer reflect the final design.
An effective MOC process helps ensure that environmental considerations are reevaluated throughout the life of a project rather than only during the initial planning phase.
Building compliance into the project lifecycle
Most capital project compliance problems are preventable. Organizations that involve environmental personnel early, integrate compliance reviews into project planning, maintain clear communication channels, and establish a structured change-management process are less likely to encounter regulatory surprises.
Environmental compliance should be incorporated throughout planning, design, construction, and startup activities. Doing so can help organizations identify potential issues sooner, avoid costly delays, and reduce the likelihood of noncompliance after a project becomes operational.
Key to remember: The most common compliance pitfalls in capital projects stem from failing to evaluate how operational changes affect existing environmental requirements.
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2026-08-04T05:00:00Z
EPA proposes 2027 general stormwater permit for construction
The Environmental Protection Agency (EPA) published the proposed 2027 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for public comment on August 3, 2026. The CGP covers stormwater discharges from construction activities.
Who’s impacted?
The CGP applies to construction activities in areas where EPA is the NPDES permitting authority (including Massachusetts, New Hampshire, New Mexico, and the District of Columbia). Construction site operators must obtain a stormwater discharge permit for any construction activity that:
- Disturbs 1 acre or more of land, or
- Disturbs less than 1 acre of land but is part of a larger common plan of development or sale that will disturb 1 acre or more of land.
What are the proposed changes to the CGP?
EPA’s proposed 2027 CGP contains multiple modifications to the 2022 CGP. Significant changes include:
- Replacing the broad requirement for permittees to “meet applicable water quality standards” for receiving waters (i.e., the waters that permittees discharge into) with more specific limits that indicate water quality problems in the discharge and applying these indicator conditions to all permittees;
- Requiring CGP applicants to submit with the Notice of Intent (NOI) an electronic copy of the Stormwater Pollution Prevention Plan (SWPPP), a website address where the SWPPP can be viewed, or a copy of the SWPPP site map and the signed certification;
- Requiring construction sites that install a sediment basin to implement stabilization measures before directing stormwater to the basin; and
- Streamlining specific requirements, such as:
- Clarifying that perimeter sediment controls are only required for areas that may receive stormwater from disturbed areas;
- Clarifying the stabilization deadlines for sites in arid, semi-arid, and drought-stricken areas;
- Allowing sites that experience unforeseeable winter weather conditions to temporarily suspend the requirement to stabilize exposed portions of the site for 14 days or more of inactivity while the extreme weather conditions persist;
- Eliminating the requirement to submit pre-stabilization photos with a Notice of Termination;
- Reducing the frequency of turbidity monitoring from daily to weekly for sites discharging dewatering water continuously for longer periods of time;
- Relieving some operators of turbidity benchmark monitoring reporting requirements at sites where multiple operators coordinate monitoring efforts (if the operators submit an initial quarterly report to inform EPA that they’re relying on another permitted operator on-site to monitor and report); and
- Eliminating the reporting requirement when no dewatering discharges occur during a monitoring quarter.
Who needs to apply for 2027 CGP coverage?
Operators of both new sites (construction activities begin on or after the final 2027 CGP’s effective date) and existing sites must apply for coverage under the 2027 CGP.
If an existing site obtained permit coverage under the 2022 CGP before the permit’s expiration date (February 17, 2027), the site will automatically remain covered for a limited period of time, allowing operators to submit a new Notice of Intent for coverage under the 2027 CGP.
What’s next?
Public comments are due by September 2, 2026 (Docket ID No. EPA-HQ-OW-2025-0760).
EPA will host a webinar on August 18, 2026, to review the proposed 2027 CGP and answer questions. You may register for the webinar on EPA’s “Proposed 2027 Construction General Permit (CGP) and Related Documents” webpage. If the proposed 2027 CGP is finalized, it will replace the existing 2022 CGP, which expires on February 17, 2027.
Key to remember: EPA seeks public comment on the proposed 2027 Construction General Permit for stormwater discharges.
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2026-07-31T05:00:00Z
Expert Insights: Environmental compliance doesn't stop at the state level
Most industrial facilities have a good understanding of federal and state environmental requirements. However, many compliance issues arise because companies overlook county and municipal requirements.
Local governments often have their own environmental ordinances, permitting programs, and enforcement authorities that apply in addition to state and federal regulations. In some cases, local requirements are more restrictive than state rules and can lead to penalties even when a facility believes it’s operating in compliance.
Local governments play an important environmental role
Environmental compliance isn’t handled solely by the Environmental Protection Agency (EPA) and state environmental agencies. Counties, municipalities, sewer authorities, and local stormwater programs often regulate activities that directly affect water quality, public infrastructure, and community health.
For example, local governments commonly regulate:
- Stormwater discharges,
- Erosion and sediment control,
- Industrial wastewater discharges to sewer systems,
- Hazardous material storage,
- Spill prevention requirements,
- Fire code and emergency planning requirements, and
- Local environmental permits and inspections.
Many municipalities adopt ordinances that supplement state regulations and give local officials authority to inspect facilities, issue notices of violation, and assess penalties.
Industrial wastewater: Local sewer authorities have enforcement power
Industrial wastewater is one of the most common areas where facilities encounter local environmental requirements. Companies that discharge wastewater to a publicly owned treatment works (POTW) are often regulated by a municipal sewer authority rather than directly through a National Pollutant Discharge Elimination System (NPDES) permit.
Local sewer authorities may issue discharge permits, establish local limits, require monitoring and reporting, conduct inspections, and enforce violations through penalties or corrective actions. Facilities can face enforcement for unauthorized discharges, exceedances, or reporting failures even when no state inspection has occurred.
Stormwater compliance often includes local requirements
Stormwater compliance frequently extends beyond state permit requirements. Many counties and municipalities operate under Municipal Separate Storm Sewer System (MS4) permits and have adopted ordinances that regulate activities affecting stormwater quality.
Local rules commonly address outdoor material storage, drainage system maintenance, erosion controls, illicit discharges, stormwater infrastructure inspections, and construction activities. A facility may comply with its industrial stormwater permit but still violate local requirements if it fails to maintain drainage systems, creates unauthorized storm sewer connections, or performs regulated site work without local approval.
Hazardous waste compliance may involve local agencies
While hazardous waste requirements are primarily federal and state responsibilities, local agencies often regulate related operational activities. These requirements may include hazardous material storage permits, fire code compliance, spill prevention measures, emergency response planning, zoning approvals, and inspections by fire marshals or emergency management officials.
Local inspectors often identify storage, containment, labeling, or emergency planning deficiencies before state environmental agencies conduct inspections. Addressing these requirements helps reduce enforcement risk and improve overall compliance performance.
A multilevel compliance strategy is essential
A strong environmental compliance program considers federal, state, county, and municipal requirements. Before expanding operations, constructing facilities, modifying wastewater systems, or changing stormwater infrastructure, companies should evaluate applicable local ordinances and permit obligations.
Regular communication with sewer authorities, stormwater programs, fire departments, and planning agencies can help:
- Identify local requirements early,
- Avoid costly project delays, and
- Reduce the risk of enforcement actions.
Ignoring local obligations can create compliance gaps even when a facility meets federal and state environmental requirements.
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2026-07-29T05:00:00Z
EPA updates preconstruction permitting guidance: What are the impacts on major sources?
Where there’s construction, there are permits, and where there are permits, there are usually delays. For major construction projects in areas with poor air quality, the delay could be due to emission credits. New federal guidance, however, may help reduce those delays.
The Environmental Protection Agency (EPA) recently released guidance clarifying that Nonattainment New Source Review (NNSR) preconstruction permits may be issued to applicants before they obtain the required offsetting emission reduction credits (ERCs) if certain conditions are met.
The new guidance for permitting authorities (usually state or local air agencies) is a change in the agency’s recommended approach, designed to help prevent preconstruction permitting delays for applicants that haven’t yet formally secured ERCs. So, what does this mean for facilities? Let’s take a look!
Which construction projects could be affected?
EPA’s new guidance impacts construction projects in nonattainment areas. These are areas where emissions exceed the National Ambient Air Quality Standards (NAAQS) for any of the six regulated criteria air pollutants.
You need an NNSR permit to build a new major stationary source or make major modifications to an existing major stationary source if:
- The new or modified source is located in a nonattainment area, and
- The new or modified source emits or has the potential to emit a regulated pollutant in amounts that meet the applicable major source or major modification thresholds.
You must obtain an NNSR permit before construction begins. NNSR permits can be issued only if the applicant meets certain conditions, one of which is meeting emission offset requirements.
What are emission offsets?
Emission offsets are reductions in emissions from existing sources that can be used to compensate for emissions from a new or modified source. The Clean Air Act requires new and modified major sources to offset emissions by obtaining sufficient ERCs from existing sources located in the same nonattainment area.
In other words, a new or modified major source must get enough credits from existing nearby sources to cover the total amount of emissions that the facility will add to the area.
How does the guidance impact permitting?
EPA’s previous guidance recommended that NNSR permits generally shouldn’t be issued until ERCs are actually secured. As a result, permitting agencies require applicants to obtain ERCs before issuing an NNSR permit to start construction on a facility, even if the facility won’t immediately begin operations.
Guidance on Clean Air Act Nonattainment New Source Review Emissions Offsets (ERC guidance), issued by EPA on July 1, 2026, changes the agency’s recommended approach. It clarifies that permitting authorities may issue NNSR permits before applicants specifically secure the required ERCs if the permit contains:
- A federally enforceable commitment by the permit applicant to obtain the needed ERCs before starting operations, and
- An express ban on starting operations until the required ERCs are obtained with appropriate permit restrictions on the sources providing the ERCs.
What’s the possible impact on facilities?
Permitting authorities that apply ERC guidance to permitting decisions can issue NNSR permits to qualifying sources before they secure ERCs. This would allow applicants to start construction on or modifications to a major source without delay, provided the enforceable permit conditions are met.
Here's an example:
A business is ready to build a manufacturing plant in a nonattainment area, but operations at the new facility won’t begin until a year after construction is complete.
Under previous guidance, the business couldn’t begin construction on the manufacturing plant until it formally secured the required ERCs upfront for operations that won’t start until a year after the facility is complete.
EPA’s ERC guidance would allow the permitting authority to issue the business an NNSR permit before it obtains the ERCs. That means the business could build the manufacturing plant right away and then secure the ERCs later, closer to the time the facility starts operating.
Keep these points in mind!
Consider the following when determining how EPA’s updated NNSR policy may impact your construction project:
- The ERC guidance is nonbinding, meaning that permitting authorities aren’t required to implement the guidance. Permitting authorities can still require applicants to secure ERCs before issuing NNSR permits.
- Facilities may be able to start construction without first securing ERCs, but facilities can’t begin operating until they secure the required ERCs.
- Most NNSR permits are issued on a state or local level. Confirm the specific requirements that apply to your major source construction project with the relevant state or local permitting authority.
Key to remember: EPA’s guidance allows permitting authorities to issue preconstruction permits for new major sources and major modifications in nonattainment areas before the sources secure emission reduction credits.
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2026-07-28T05:00:00Z
EPA extends PCE and CTC compliance deadlines
The Environmental Protection Agency (EPA) has extended the compliance dates of certain Workplace Chemical Protection Program (WCPP) requirements for perchloroethylene (PCE) and carbon tetrachloride (CTC) established under the Toxic Substances Control Act (TSCA).
Published on July 28, 2026, EPA’s final rule changes specific compliance dates but doesn’t alter the underlying WCPP requirements or the agency’s determination that PCE and CTC present unreasonable risks.
Who’s impacted?
The revised deadlines affect facilities subject to the TSCA PCE and CTC risk management rules finalized in 2024. These include entities that manufacture (including import), process, distribute in commerce, use, or dispose of:
- PCE,
- CTC, or
- Products containing PCE or CTC.
What are the new PCE and CTC compliance dates?
EPA’s final rule extends compliance deadlines for various WCPP requirements, including:
- Conducting initial monitoring,
- Meeting the existing chemical exposure limit (ECEL),
- Establishing a regulated area,
- Providing any required respiratory personal protective equipment (PPE) and establishing a respiratory PPE program,
- Implementing a workplace information and training program, and
- Establishing and implementing an exposure control plan (ECP).
Below is a summary of the new compliance deadlines.
| WCPP requirement(s) | New compliance deadline | PCE applicability | CTC applicability |
|---|---|---|---|
| June 21, 2027 | Non-federal facilities | Non-federal facilities |
| September 20, 2027 | Non-federal facilities | Non-federal facilities |
| September 20, 2027 | Federal and non-federal facilities | Non-federal facilities |
| December 20, 2027 | Non-federal facilities | — |
* EPA maintains the CTC rule’s WCPP compliance date of December 3, 2027, for federal and non-federal facilities to establish and implement an ECP.
Key to remember: EPA has extended compliance dates for certain PCE and CTC Workplace Chemical Protection Program requirements into 2027.
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2026-07-24T05:00:00Z
New Mexico classifies AFFF as hazardous waste
Effective date: August 1, 2026
This applies to: Entities regulated by the New Mexico hazardous waste regulations
Description of change: The New Mexico Hazardous Waste Bureau adopted amendments and a new rule to regulate aqueous film-forming foam (AFFF) containing intentionally added per- and polyfluoroalkyl substances (PFAS).
Changes include:
- Classifying AFFF with intentionally added PFAS as a hazardous waste (subject to New Mexico’s hazardous waste regulations); and
- Establishing regulations for AFFF with intentionally added PFAS, including:
- A periodic inventory of the substance,
- Restricting the use of AFFF to emergency purposes only, and
- Requiring cleanup of discarded AFFF according to the New Mexico Hazardous Waste Act regulations.
Note that the operational restrictions (20.13.3 NMAC) take effect on August 1, 2026, and the disposal and cleanup rules (20.4.1) take effect on December 1, 2026.
Related state info: Hazardous waste generators — New Mexico
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2026-01-05T06:00:00Z
EPA extends wastewater compliance deadlines for coal-fired steam power plants
The Environmental Protection Agency (EPA) published a final rule on December 31, 2025, that changes certain requirements for wastewater discharges from coal-fired steam electric power plants. It applies to the deadlines established by the preceding rule finalized in 2024.
The 2025 final rule:
- Extends the submission deadline for the notice of planned participation (NOPP) required for the subcategory of electric generating units (EGUs) seeking to permanently stop coal combustion by December 31, 2034;
- Extends compliance deadlines for zero-discharge limitations that apply to dischargers of flue gas desulfurization (FGD) wastewater, bottom ash (BA) transport water, and combustion residual leachate (CRL);
- Establishes tiered standards for indirect discharges of FGD wastewater, BA transport water, and CRL; and
- Adds provisions that allow facilities to transfer into and out of the subcategory of regulated EGUs that will permanently cease coal combustion by 2034 until December 31, 2034.
Who’s affected?
The final rule impacts EGUs subject to the effluent limitations guidelines and standards for the steam electric power generating point source category (40 CFR Part 423).
What are the new deadlines?
The 2025 final rule delays the NOPP compliance date. It also extends the deadlines for zero-discharge limitations on FGD wastewater, BA transport water, and CRL. These apply to the best available economically achievable (BAT) limitations for direct dischargers and the pretreatment standards for existing sources (PSES) for indirect dischargers.
| Requirement(s) | Previous deadline | New deadline |
|---|---|---|
| December 31, 2025 | December 31, 2031 |
(Direct dischargers)
| No later than December 31, 2029 | No later than December 31, 2034 |
(Indirect dischargers)
| May 9, 2027 | January 1, 2029, or site-specific date for BAT |
What are the other changes?
EPA’s 2025 final rule sets tiered standards for indirect dischargers of FGD wastewater, BA transport water, and CRL:
- The first tier requires indirect dischargers to meet pre-2024 final rule standards by January 1, 2029.
- The second tier:
- Allows indirect dischargers to continue indirectly discharging up to December 31, 2024, if they certify that they’ll convert to become direct dischargers; or
- Requires indirect dischargers to meet the zero-discharge requirements by January 1, 2029, if they choose not to become direct dischargers.
The final rule also adds provisions that enable facilities to transfer into and out of the subcategory of regulated EGUs that will permanently cease coal combustion by 2034 until December 31, 2034. It allows EGUs to switch between complying with the zero-discharge limitations and the requirements that apply to the subcategory.
Key to remember: EPA has delayed certain compliance requirements for coal-fired steam electric power plants that discharge three types of wastewaters.
NewsIndustry NewsTSCA ComplianceCAA ComplianceSustainabilityIn-Depth ArticleCWA ComplianceEnvironmentalEnglishSustainabilityESG (Environmental, Social, and Governance)Focus AreaUSA
2025-12-05T06:00:00Z
EPA’s 2026 regulatory shift: How environmental managers can stay ahead
The clock is ticking for environmental teams. By 2026, several new EPA regulations will reshape compliance obligations for U.S. companies. Organizations that act now will avoid costly penalties and operational disruptions.
What’s changing and why it matters
Although EPA has been deregulating or loosening some requirements, there are still some standards being tightened across multiple fronts in the coming year:
- Renewable fuel standards (RFS): The EPA proposed higher volume requirements for 2026, including 24.02 billion renewable identification numbers (RINs), up nearly 8% from 2025. This increase pushes stricter expectations on fuel producers and organizations purchasing renewable fuels.
- Stormwater multi-sector general permit (MSGP): A new MSGP set to take effect by February 2026 will require quarterly PFAS indicator monitoring, expanded benchmark sampling, and resiliency measures in stormwater control designs.
- PFAS Reporting under the Toxic Substances Control Act (TSCA): TSCA Section 8(a)(7) mandates PFAS manufacturing and import data collection beginning in April 2026, through October 2026, with extended deadlines for certain small manufacturers.
Failure to prepare could lead to fines, reputational damage, supply chain disruptions, and permit delays. Companies that weave compliance planning into their 2026 strategy will be positioned not just to meet legal deadlines but to sustain operations smoothly.
Key areas of impact
- Renewable fuel standards (RFS) and air emissions The proposed increase in 2026 Renewable Identification Numbers (RIN) volumes, from 24.02 billion to 24.46 billion for 2027, signals tightening air and fuels policy that affects fuel use and emissions accounting.
- Stormwater management The upcoming 2026 MSGP requires expanded quarterly PFAS monitoring, new benchmark triggers, corrective action plans, and integration of climate resilience in design standards.
- PFAS disclosure (TSCA Section 8(a)(7)) Manufacturers and importers of PFAS must submit electronic reporting of usage, volumes, disposal, and exposure data between April and October 2026, with extensions available for smaller operations.
Steps to take now
- Audit compliance programs: Cross-check operations against RIN inventory, stormwater permits, and TSCA reporting duties.
- Upgrade monitoring and recordkeeping: Implement robust electronic systems to track PFAS, stormwater quality, fuel volumes, and emissions.
- Staff training: Educate teams on PFAS obligations, new stormwater protocols, and RFS structures.
- Engage regulators early: Comment on proposed rules, consult during permit drafting, and flag issues during the notice-and-comment period.
Looking ahead
The EPA’s 2026 updates reflect a trend toward increased transparency and environmental accountability. Companies that treat compliance as strategic will not only avoid enforcement but also gain resilience and stakeholder trust.
Key to remember: Start planning now. Early action on EPA rule changes will save time, money, and headaches when enforcement begins.
NewsHazardous WasteSARA ComplianceCommunity Right to KnowPesticidesMine SafetyPesticide Registration and LabelingTSCA ComplianceWater ProgramsBenzeneWater QualitySafety Data Sheet ReportingMiningWaste/HazWasteTier II Inventory ReportingEnforcement and Audits - OSHASafety & HealthToxic and Hazardous Substances - OSHAEnvironmentalAir ProgramsToxic and Hazardous Substances - OSHAVideoAir QualityEnforcement and Audits - OSHACERCLA, SARA, EPCRAToxic Substances Control Act - EPAAir EmissionsMonthly Roundup VideoCAA ComplianceCWA ComplianceEnglishIndustry News
EHS Monthly Round Up - July 2026
In this July 2026 monthly roundup 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. Let’s take a look at what happened over the past month.
OSHA published its 2026 regulatory agenda on July 3. Of note, the agency projects an April 2027 date for the Emergency Response final rule, and the Heat Illness proposal is slated to be finalized in October 2027. In November 2026, OSHA also expects to publish a final rule addressing the use of subpoenas during investigations.
OSHA reopened the comment period for 14 chemical-specific proposals. This allows the public 30 days to comment on recommendations made by OSHA’s Advisory Committee on Construction Safety and Health.
OSHA updated its Voluntary Protection Programs, which recognize workplaces with strong safety and health programs and low injury rates. The changes align with the seven core elements in the agency’s Recommended Practices for Safety and Health Programs.
The Mine Safety and Health Administration withdrew 4 regulations that it says address outdated effective dates and requirements for various industry equipment and procedures. These relate to conveyor belts, blacksmith shops, diesel emission limits, and permissible flame safety lamps.
Turning to environmental news, EPA released detailed instructions and deadlines for pesticide registrants to begin compliance with the bilingual labeling requirements in the My PeST application. The first compliance deadline was July 31.
EPA aligned regulations under EPCRA Sections 311 and 312 with OSHA’s Hazard Communication amendments for hazardous chemical reporting requirements. Facilities must use OSHA’s hazard classes with their categories for safety data sheet submissions and hazardous chemical inventory reports required under EPCRA Sections 311 and 312.
And finally, EPA published its 2026 regulatory agenda on July 3. Many of the proposed and final rules support the agency’s continued deregulatory efforts and may impact regulatory compliance with air, land, and water rules.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceFall ProtectionMonthly Roundup VideoFall Protection for ConstructionMiningUSAHazard CommunicationEnglishHeat StressIndustry NewsHeat and Cold ExposureSafety & HealthConstruction SafetyGeneral Industry SafetySpecialized IndustriesEnvironmentalHazard CommunicationMine SafetyFocus AreaVideo
EHS Monthly Round Up - May 2025
In this May 2025 roundup 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. Let's take a look at what happened over the last month!
OSHA will host an informal public hearing on its proposed Heat Injury and Illness Prevention rule on June 16. Information about the proposed rule and instructions on how to watch the hearing can be found on OSHA’s website.
OSHA’s National Safety Stand-Down to Prevent Falls in Construction event, held the week of May 5, raised awareness of fall hazards in an effort to help prevent injuries and fatalities. Slips, trips, and falls were the leading cause of death in the construction industry in 2023, accounting for 421 fatalities.
After concluding its investigation of a California chemical facility fire, the Chemical Safety and Hazard Investigation Board is calling for improved heater safeguards to prevent similar incidents. The fire was caused by an overheated refinery furnace. The Board also made several safety recommendations for chemical facilities.
Following a number of recent fall incidents, the Mine Safety and Health Administration issued a safety alert advising miners to use fall protection. The most recent incident occurred when a miner fell from the deck of a bulldozer.
Turning to environmental news, EPA further delayed the PFAS manufacturing report submission period. The date was moved from July 11, 2025, to April 13, 2026. This is a one-time reporting requirement for manufacturers of per- and polyfluoroalkyl, or PFAS, substances.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
NewsIndustry NewsIndustry NewsToxic Substances Control Act - EPAToxic Subtances Control Act - EPATSCA ComplianceToxic Substances - EPAEnvironmental Protection Agency (EPA)EnvironmentalEnglishFocus AreaUSA
2026-04-13T05:00:00Z
EPA delays TSCA Section 8(a)(7) PFAS reporting timeline again
On April 13, 2026, the Environmental Protection Agency (EPA) published a final rule that further delays the submission period for the one-time report required of manufacturers on per- and polyfluoroalkyl substances (PFAS) by the PFAS Reporting and Recordkeeping Rule (PFAS Reporting Rule).
This final rule pushes the starting submission period to either 60 days after the effective date of a future final rule updating the PFAS Reporting Rule or January 31, 2027, whichever is earlier.
Who’s impacted?
Established under Toxic Substances Control Act (TSCA) Section 8(a)(7), the PFAS Reporting Rule (40 CFR Part 705) requires any business that manufactured (including imported) any PFAS or PFAS-containing article between 2011 and 2022 to report. Covered manufacturers and importers must submit information on:
- Chemical identity, uses, and volumes made and processed;
- Byproducts;
- Environmental and health effects;
- Worker exposure; and
- Disposal.
What’s the new timeline?
The opening submission period was moved from April 13, 2026, to either 60 days after the effective date of a future final PFAS Reporting Rule or January 31, 2027, whichever is earlier.
Most manufacturers have 6 months to submit the report. Small manufacturers reporting only as importers of PFAS-containing articles have 1 year.
| TSCA Section 8(a)(7) PFAS Reporting Rule submission period | ||
|---|---|---|
| Start date | End date | |
| Most manufacturers | 60 days from effective date of final PFAS Reporting Rule or January 31, 2027 (whichever is earlier) | 6 months from start date or July 31, 2027 (whichever is earlier) |
| Small manufacturers reporting solely as PFAS article importers | 60 days from effective date of final PFAS Reporting Rule or January 31, 2027 (whichever is earlier) | 1 year from start date or January 31, 2028 (whichever is earlier) |
Why the delay?
In November 2025, the agency proposed updates to the PFAS Reporting Rule. EPA has delayed the reporting period to give the agency time to issue a final rule (expected later this year).
Key to remember: EPA has delayed the starting submission deadline for the TSCA Section 8(a)(7) PFAS Reporting Rule from April 2026 to no later than January 2027.
NewsChange NoticesChange NoticeSustainabilityLouisianaRenewable and Alternative EnergySolar EnergySustainabilityEnvironmentalEnglishSustainabilityFocus Area
2026-07-01T05:00:00Z
Louisiana adopts solar power generation facility regulations
Effective date: July 1, 2026
This applies to: Solar power generation facilities with a facility footprint of 10 acres or more
Description of change: The Louisiana Department of Conservation and Energy adopted a final rule establishing regulations for solar power generation facilities. The rule:
- Requires permits to build and operate such facilities,
- Establishes requirements for decommissioning such facilities, and
- Establishes financial security requirements.
Most Popular Highlights In Transportation
NewsErgonomicsIn-Depth ArticleHeat and Cold ExposureOSHA InspectionsSafety & HealthForklifts and Powered TrucksExit RoutesFocus AreaFire Protection and PreventionTransportationInjury and Illness RecordkeepingEnforcement and Audits - OSHAMaterials Handling and StorageForklifts and Powered TrucksWalking Working SurfacesFire Protection and PreventionWalking Working SurfacesEnglishHeat StressErgonomicsOSHA Emphasis ProgramsEmergency Planning - OSHAIndustry NewsFleet SafetyGeneral Industry SafetyAgriculture SafetyMaritime SafetyOSHA RecordkeepingMaterials Handling and StorageUSA
2026-08-17T05:00:00Z
Warehousing NEP stacks up wall-to-wall OSHA inspections through 2031
Citing elevated injury and illness rates, OSHA relaunched a National Emphasis Program on Warehousing and Distribution Center Operations on July 31. With this NEP, it’s now all hands-on-deck for federal OSHA inspectors nationwide for the next five years, as they knock on doors to:
- Warehousing and distribution operations,
- Mail processing and distribution centers, and
- Parcel delivery and courier services.
The warehouse NEP (CPL 03-00-026) is one of only 12 for the agency. NEPs are enforcement programs that concentrate the agency’s inspection and outreach efforts, based on emerging trends and strategic goals.
OSHA looked at federal data on rates for injuries and illnesses involving days away, restriction, or transfer. It turns out these industries continue to have higher rates than private industry overall. What’s striking is that, in some cases, those figures are over two to four times the private industry rate.
Which sectors are targeted?
Unlike the previous NEP, this one is straightforward with only one track. OSHA will select establishments with the following North American Industry Classification System (NAICS) codes for a comprehensive (wall-to-wall) safety inspection:
- NAICS 491110 — Postal Service Processing & Distribution Centers
- NAICS 492110 — Couriers and Express Delivery Services
- NAICS 492210 — Local Messengers and Local Delivery
- NAICS 493110 — General Warehousing and Storage
- NAICS 493120 — Refrigerated Warehousing and Storage
- NAICS 493130 — Farm Product Warehousing and Storage
- NAICS 493190 — Other Warehousing and Storage
Retail operations (in NAICS 444110, 444130, 444190, 445110, and 452311) are no longer targeted by this NEP as they were previously.
OSHA will draw up a list of establishments within the specific NAICS codes for this NEP for each Area Office. Any establishment that had a comprehensive safety inspection involving the NEP-listed hazards within the prior three years generally will not be subject to another inspection under the NEP itself.
If the officer discovers that the establishment location has changed or is not correct, but the NAICS code, personnel, and operation are “substantially similar,” the official may proceed with an inspection.
Does the NEP apply to small employers?
The NEP does not offer a threshold for the number of employees. Therefore, small businesses may be targeted. However, an establishment that is exempted under the Appropriations Act cannot be inspected under the NEP. (See CPL 02-00-170, Enforcement Exemptions and Limitations under the Appropriations Act.)
What will OSHA officers look for?
Compliance officers will review OSHA 300 logs, 300A summaries, and 301 incident reports for the current and previous three calendar years to identify recorded injuries and illnesses associated with the hazards addressed by this NEP. Officers will be on the lookout for common safety and health hazards, including, but not limited to:
- Powered industrial vehicle operations,
- Materials handling and storage,
- Walking-working surfaces,
- Means of egress,
- Fire protection,
- Heat, and
- Ergonomics.
Unlike the prior NEP, the new one removes the requirement for officers to perform a dedicated heat and ergonomic hazard screening. This is not to say they won’t decide to assess those two hazards.
The latest NEP explains that an inspection “may be expanded” based on fatalities/catastrophes, complaints, referrals, recorded injuries/illnesses, employee statements, or “plain view” observations. Hazards found in this way may provide a basis for expanding the inspection. The NEP offers OSHA officers greater discretion in whether or not to expand an inspection.
What about state-plan states?
“State Plans” are OSHA-approved workplace safety and health programs operated by individual states or U.S. territories. OSHA strongly encourages, but does not require, state-plan states to participate in the revised NEP. If participating, a state’s emphasis program specifics and timelines may differ from the federal. States may also have more stringent regulations for the focus areas in the NEP.
What can employers do immediately?
Employers can check the following:
- What the NAICS codes for their locations are to see if they fall under the NEP. If employers have more than one location, they should determine the industry code for each location and not assume that a corporate-wide industry classification is the one OSHA will use.
- Whether their locations are exempted from programmed safety inspections per CPL 02-00-170. Not all OSHA inspections are exempt under that CPL — the agency may conduct inspections for health hazards, complaints, referrals, fatalities, catastrophes, hospitalizations, imminent danger, and discrimination.
- Whether the state-plan state has implemented the NEP as written or with modifications.
- The dates and scope of any OSHA or state inspections at their locations in the last three years. Records of such inspections should be kept readily available in case of an OSHA visit.
How might employers prepare?
Affected employers should learn their inspection rights and have a protocol in place. OSHA’s publication, "Employer Rights and Responsibilities Following an OSHA Inspection" (OSHA 3000), may be helpful.
Employers may wish to also prioritize their compliance efforts on the core hazards and regulations mentioned in the NEP. This includes heat and ergonomics hazards in line with OSHA guidance, along with 29 CFR 1904 and five subparts of 29 CFR 1910:
| 29 CFR: | Description: | Covered industries had these frequent violations in fiscal year 2025: |
| 1904 | Recording and reporting occupational injuries and illnesses | 1904.4, .7, .29, .32, .33, .35, .39, .40, and .41 |
| 1910 Subpart D | Walking-working surfaces | 1910.22, .23, .25, .28, .29, and .30 |
| 1910 Subpart E | Exit routes and emergency planning | 1910.36, .37, and .38 |
| 1910 Subpart I | Personal protective equipment | 1910.132, .133, .134, .136, .138, .140, and .141 |
| 1910 Subpart L | Fire protection | 1910.157, .159, and .165 |
| 1910 Subpart N | Materials handling and storage | 1910.176, .178, .179, .180, and .184 |
Other frequently cited standards for the covered industries are worth mentioning because they may also draw officers’ attention. For fiscal year 2025, these included 29 CFR 1903.19 and 1910.101, .106, .110, .119, .120, .145, .146, .147, .151, .212, .213, .215, .219, .242, .253, .269, .272, .303, .304, .305, .333, .334, .335, .1000, .1001, .1025, .1026, .1030, and .1200. Find frequently cited standards for an industry NAICS code by visiting www.osha.gov/ords/imis/citedstandard.html.
After reviewing injury and illness records, an officer may be prompted to look into underlying compliance issues tied to those incidents. Employers should ensure these issues are corrected. This includes not just fixing the work environment but also conducting any required training and inspections and developing and implementing required written safety plans.
Key to remember
Establishments classified under one of seven NAICS codes are subject to possible inspection under OSHA’s revised warehousing NEP, which runs for five years. Eight compliance areas (including injury and illness recordkeeping) will be the emphasis. Inspections will be wall-to-wall.
NewsIndustry NewsFleet SafetyDriver qualificationsDrivers qualification (DQ file)Driving RecordsDriver qualification and hiringEmployment application driverIn-Depth ArticlePrevious employer check - Motor CarrierFocus AreaEnglishDriver recruiting and retentionTransportationUSA
2026-08-20T05:00:00Z
Playlist: Hiring a new driver
Hiring a new driver comes with a lot of responsibility, and if you’re feeling unsure about where to start or worried about missing something important, you’re not alone. Between federal requirements, background checks, and documentation rules, the process can feel overwhelming, especially when you’re trying to do it right the first time. The good news is, you don’t have to piece it together on your own. The playlist below pulls together some of the most helpful Compliance Network resources to walk you through each step, so you can hire with confidence, stay compliant, and get your driver on the road without unnecessary stress.
- Start by understanding everything required for driver qualification and hiring.
- Collect a compliant application.
- Run motor vehicle records (MVR) and Clearinghouse checks.
- Conduct previous employer investigations.
- Assemble and review the complete DQ file before dispatch.
This playlist brings together key Compliance Network resources to simplify the driver hiring process from start to finish. For deeper guidance, consider exploring related topics such as Driver Qualification Files, Hiring Drivers, Drug & Alcohol Programs, and FMCSA Recordkeeping Requirements within Compliance Network.
A Compliance Network playlist is a curated collection of practical resources designed to help you quickly address a specific event, task, or compliance challenge. Each playlist brings relevant guidance together in one place so you can spend less time searching and more time taking action. Stay tuned — more practical, ready-to-use collections are coming soon.
NewsIndustry NewsFleet SafetyLoading and unloading - Motor CarrierCargo loading and securementFocus AreaIn-Depth ArticleCargo securementEnglishTransportationWheel chocks - Motor CarrierUSA
2026-08-20T05:00:00Z
When a routine pickup turns fatal
A truck driver’s routine pickup became a deadly reminder of how quickly loading operations can go wrong, especially when equipment doesn’t perform as expected and safe loading procedures break down.
According to a Washington State investigation, a 63-year-old truck driver with decades of experience was killed after being crushed by a yard tractor he was loading onto a beavertail gooseneck semi-trailer.
The yard tractor required a jump-start, but once it was running, the engine began revving uncontrollably and the brakes didn’t work. Nevertheless, the driver drove the tractor onto the deck until it came to rest against the front of the trailer. The driver began securing the tractor and was positioned between the axles when it suddenly rolled backward and crushed him. He died two days later from his injuries.
A chain of risks
This incident was not caused by a single mistake. Investigators identified several contributing factors:
- The driver was unaware of the tractor’s unsafe brakes before arriving to pick it up. The vehicle also had an unsafe gear shifter. The bill of sale only indicated that the equipment would not start and needed a new battery.
- The driver left the tractor in neutral with the engine running, its parking brakes released, and its wheels unchocked before he went underneath it.
- The driver’s employer had no standard operating procedures for loading yard tractors or similar equipment.
A common scenario
Many open-bed carriers move wheeled equipment like yard tractors, forklifts, sweepers, farm equipment, or other heavy machinery that’s not designed for highway use. Too often, these loads are treated as routine, especially by experienced drivers who have “done it before.”
The danger is that loading operations can introduce serious hazards, especially when the driver is unfamiliar with the equipment or is unaware of defects. Once a driver is on a trailer deck with a heavy piece of equipment, there is very little room for error.
Develop a loading-specific procedure
A generic cargo securement policy is not enough. Motor carriers should have written procedures for loading powered equipment, including:
- Required training before operating unfamiliar equipment,
- Pre-pickup equipment assessments to uncover safety defects,
- Communication with sellers regarding known defects,
- Safe loading methods,
- Required securement devices, and
- Emergency response steps when equipment malfunctions.
Drivers should be trained — and reminded about — the danger of putting themselves in harm’s way, even for a moment. Each loading operation can create unique challenges, but drivers should never place themselves under equipment unless it has been positively secured against movement using approved methods.
Used and abused
Highly used (and abused) equipment often comes with unknown risks. Before dispatching a driver, carriers should gather as much information as possible regarding the load’s condition as it relates to driver safety, including brake functionality and steering or transmission issues.
If the equipment cannot be safely operated onto the trailer, alternative loading methods should be considered.
Even when the brakes are functioning, drivers should be equipped with wheel chocks or other methods to prevent movement while the equipment is secured.
When a loading or securement operation doesn’t go as planned, the safest decision may be to stop. Requiring drivers to contact a supervisor when they encounter unexpected safety issues during loading can prevent on-the-spot decisions that expose them to hazards.
Key to remember: Equipment loading operations present unique challenges, and experience does not eliminate risk, as highlighted by a driver’s recent, tragic fatality. Ensure drivers are trained and equipped to manage the hazards.
NewsIndustry NewsCarrier profiles, safety ratings and facility auditsFleet SafetyFacility auditsTransportationIn-Depth ArticleEnglishFocus AreaUSA
2024-10-18T05:00:00Z
How to navigate through Canadian NSC facility audits: A motor carrier’s road map to success
Canadian motor carriers may need a compass of strategies to help navigate through a National Safety Code (NSC) facility audit. This complex and challenging task requires the right approach to ensure a successful audit.
Here are some essential tips to help you through the journey of a NSC facility audit.
Management support and early preparation
Having strong management support is crucial for a successful audit. Ensure that management is committed to compliance and understands the importance of the audit. Their support sets the tone for the entire organization and fosters a culture of compliance. Management should also allocate the necessary resources, including time and personnel, to ensure that the audit process runs smoothly.
A key step in preparing for an NSC facility audit is to start early. Begin your preparations well in advance of the audit date. This allows you ample time to address any gaps or weaknesses in your controls, documentation, policies, and processes. Early preparation also allows you to conduct your own preliminary internal audits and identify areas that need improvement before the auditor walks in the door. Taking these steps helps to show good faith effort in case you discover gaps.
Assign work appropriately
Designate a primary point of contact (POC) who will function as the liaison between your organization and the auditors. This person should have the appropriate knowledge, skillset, and authority to facilitate effective communication. The POC will be responsible for coordinating the audit process, answering auditors’ questions, and providing the necessary documentation.
Identify and involve the appropriate resources for each area of the audit. Assign tasks based on expertise to ensure thorough and accurate preparation. For example, vehicle records audits should involve your operations and/or maintenance team, while safety audits should involve the safety and compliance team. By assigning work appropriately, you can ensure that each aspect of the audit is managed by knowledgeable and experienced personnel.
Maintain open communication
Effective communication is key to a successful audit. During the audit preparation phase, provide daily updates to your team to keep everyone informed of progress and any issues that arise. This helps in addressing problems promptly and keeps the audit preparation process on track. Daily updates also ensure that everyone is aware of their responsibilities and any changes necessary prior to the audit.
Once the audit starts, be sure to maintain open lines of communication with your internal audit team and the auditors. Regular updates and clear communication can prevent misunderstandings and ensure that everyone is on the same page. Regular meetings and check-ins can help keep the audit process on track.
Conduct a post-mortem debrief
After the audit is complete, conduct a post-mortem debrief to discuss what went well and what could be improved. This helps in refining your processes for future audits. Gather feedback from team members and auditors to identify areas for improvement. Use this information to make necessary adjustments and enhance your audit readiness for the next time.
Staying ready for an audit
By following these essential audit preparation tips, you can help your company ensure the NSC facility audit goes as smoothly as it can. Yes, the unexpected may still happen, but you you’ll know you did what you could to prepare ahead of time.
Key to remember: With careful planning and execution, you can navigate the audit process with confidence and achieve positive results.
NewsIndustry NewsIndustry NewsFleet SafetyClassification - HazmatMaterials of trade - HazmatHazmat: HighwayHazmatFocus AreaHazmat EnforcementEnglishTransportationUSA
2026-08-06T05:00:00Z
PHMSA finalizes HM-268 series of rules
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has finalized the HM-268 rulemaking package, turning many of its 2025 proposals into regulatory changes affecting a wide range of hazardous materials transportation requirements. The final rules were published on August 4, 2026, with most becoming effective on September 3, 2026.
HM-268 Final rules at a glance
- HM-268A – Revised the definition of an aerosol to include gas-only aerosols, harmonizing with international standards.
- HM-268B – Authorized a reduced-size limited quantity marking for certain domestic shipments.
- HM-268C – Increased lithium battery limits under the Materials of Trade exception.
- HM-268D – Allows the use of electronic emergency response information.
- HM-268E – Removed PHMSA's duplicate hazardous substance list and references EPA's list instead.
- HM-268F – Allows continued use of qualifying special permit packaging after permit expiration under specified conditions.
- HM-268G – Allows special permit and approval renewal applications to be filed any time before expiration.
- HM-268H – Requires electronic payment of PHMSA registration fees.
- HM-268I – Allows motor and vessel carriers to carry PHMSA registration documents electronically.
- HM-268J – Increased the farmer security training exemption threshold to reflect inflation.
- HM-268K – Removed outdated rail-related reporting requirements and updated tank car unloading provisions.
- HM-268L – Incorporated long-standing special permit provisions allowing certain drums and Intermediate Bulk Containers (IBCs) to be unloaded while remaining on a vehicle.
- HM-268M – Expanded relief for refrigerating machines containing flammable refrigerant gases.
- HM-268N – Authorized transportation of larger refrigerating machines containing low-flammability refrigerants under specified conditions.
- HM-268O – Adopted Special Permit 14175, allowing a 10-year requalification interval for certain DOT 3A and 3AA cylinders.
- HM-268P – Reduced paperwork requirements for qualifying empty residue IBCs.
Collectively, the HM-268 final rules update a range of hazardous materials transportation requirements affecting aerosols, lithium batteries, special permits, registration documents, rail operations, refrigerating machines, cylinders, and residue packagings.
NewsIndustry NewsVehicle TechnologyIn-Depth ArticleFleet OperationsVehicle TechnologyEnglishFocus AreaTransportationUSA
2024-01-31T06:00:00Z
Two options to reduce emissions and fuel use with electrified trailers!
Tightening environmental regulations are pushing carriers to purchase zero-emission vehicles. However, battery-electric power units may not be cost-effective without substantial government incentives. A battery-electric Class-8 truck can cost three times more than a traditional diesel-powered vehicle.
Trailers are usually 30-50 percent less expensive than trucks. Two trailer-based options to consider to achieve lower emissions and fossil fuel consumption are:
- Battery-electric trailer refrigeration units (TRUs), and
- Electric-drive trailers.
Transitioning from diesel refrigeration units and diesel-powered tractors may take some time. However, electrified trailer options can be part of a carrier’s plan to reduce dependency on fossil fuels.
Diesel-powered TRUs
The current trailer refrigeration units, commonly called a reefer unit, has a small diesel engine powering a TRU on the trailer's front wall. The TRU has a compressor, evaporator, and condenser. The TRU automatically controls the trailer temperature based on the products hauled, such as minus 10 degrees Fahrenheit (F) for ice cream and above 32 degrees (F) for fresh vegetables or other unfrozen products.
Battery-electric TRUs
Leading manufacturers have developed battery-electric powered TRUs that have reached refrigeration capacities similar to those only previously achieved by diesel-powered systems. This breakthrough allows carriers to consider reefer trailers as another opportunity to reduce emissions and meet company decarbonization goals.
These electric TRUs are especially well-suited for businesses in states that have or are looking to introduce zero-emission requirements for trailers. There are also hybrid versions of TRUs that use an internal combustion engine for backup power and may be appropriate for states without zero-emissions mandates in the next few years.
Another emerging technology, turbine auxiliary generators (TAG), mount to a trailer chassis' and generate electricity for liftgates, refrigeration units, lighting, and auxiliary batteries. A TAG can also be mounted on the underside of a box truck chassis.
CARB has not yet mandated electric TRUs for standalone reefer trailers. However, for straight trucks with TRUs, CARB statute 2477.5(b)(1) requires:
"Beginning December 31, 2023, no owner or owner/operator shall operate or cause to be operated in California, any (straight) truck TRU in the owner's truck TRU fleet, unless the fleet meets or exceeds the required zero-emission (ZE) truck TRU fleet percentages specified" as follows:
| By December 31 of: | ZE Truck TRU Fleet Percentage |
| 2023 | 15 |
| 2024 | 30 |
| 2025 | 45 |
| 2026 | 60 |
| 2027 | 75 |
| 2028 | 90 |
| 2029 | 100 |
Electric-drive trailers
When the words "electric vehicle" are heard in transportation, an image of a battery-powered truck pulling a trailer comes to mind. However, an innovative solution that could be ready as early as 2025 involves electric-powered trailers that could increase fuel efficiency by 35-40 percent. Paired with a battery-electric truck, it could add 100 miles to the range on a single charge.
These trailers have an electric-motor-driven axle with regenerative braking that recharges a battery pack and slows the tractor when going downhill or stopping. The kingpin (secure connection to the tractor) senses how hard the tractor is pulling. The electric motor engages to lighten the truck's load, thereby reducing tractor fuel consumption and component wear.
The downside is about 4,000 pounds of additional weight, so less freight by weight can be hauled. Light and bulky products (like potato chips) may suit this trailer. Electric tractors are allowed an extra 2,000 pounds weight due to an exception, but not electric trailers, so far.
Key to remember: Carriers should consider electrified trailer options as part of an emissions reduction plan.
Most Popular Highlights In Human Resources
NewsIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishFocus AreaHuman Resources
2023-09-06T05:00:00Z
Appellate court sided with employee's (almost) 3-year-delayed FMLA claim
Back in October 2018, Laffon had a medical emergency and needed some time off under the federal Family and Medical Leave Act (FMLA).
Her leave lasted until November 15. Ten days after she returned to work, on November 26, her employer terminated her.
She sued, arguing that the employer retaliated against her because of her FMLA leave.
The catch? She didn't bring the suit until almost three years later.
No link between leave and termination
In court, the employer argued that there was no causal link between Laffon taking FMLA leave and her termination. Although the court documents aren't robust, they do reveal that the employer indicated that Laffon's allegations didn't show that her taking FMLA leave was a factor in the decision to terminate her. The documents showed only that the termination chronologically followed her leave.
The court agreed with the employer. It also agreed that Laffon failed to allege a willful violation of the FMLA, which would allow her to benefit from the FMLA's three-year statute of limitations.
Laffon appealed the case to the Ninth Circuit.
Statute of limitations
Under the FMLA, employees have two years from the date of the last event constituting the alleged violation for which they can bring a claim.
Those two years are extended to three years if the employer's actions were "willful." This means that an employee must show that the employer either knew or showed reckless disregard for whether its conduct violated the FMLA.
Ruling overturned
Fast forward to August 2023, when the Ninth Circuit reversed the lower court's decision. It indicated that, based on Laffon's amended complaint and liberally construing the law, her allegations establish that her leave was causally connected to her termination and that the employer's action (her termination) was willful.
Glymph v. CT Corporation Systems, No. 22-35735, Ninth Circuit Court of Appeals, August 22, 2023.
Key to remember: Terminating an employee soon after returning from FMLA leave is risky, unless there is a clear, well-documented, non-leave-related reason. Case documents did not show such a clear reason, which can also increase the risk of a willful finding. Employees have time to file claims, even years.
NewsMinnesotaChange NoticesChange NoticeWage and HourAssociate Benefits & CompensationAssociate RelationsHR GeneralistMinimum WageHR ManagementEnglishFocus AreaHuman Resources
2026-08-19T05:00:00Z
Minnesota minimum wage to increase
Effective date: January 1, 2027
This applies to: Employers with employees in Minnesota
Description of change: Effective January 1, 2027, the Minnesota minimum wage will increase from $11.41 to $11.87 per hour for all employers in the state.
The 90-day training wage for workers under age 20 will increase from $9.31 to $9.68 per hour.
View related state info: Minimum wage - Minnesota
NewsWage and HourChange NoticesChange NoticeWage and HourColoradoAssociate RelationsAssociate Benefits & CompensationHR GeneralistMinimum WageHR ManagementEnglishFocus AreaHuman Resources
2026-08-18T05:00:00Z
Colorado minimum wage to increase
Effective date: January 1, 2027
This applies to: Employers with employees in Colorado
Description of change: Effective January 1, 2027, Colorado’s minimum wage will increase from $15.16 to $15.71 per hour and from $12.14 to $12.69 per hour for tipped employees.
View related state info: Minimum wage - Colorado
NewsIndustry NewsDiscriminationDiscriminationPregnancy DiscriminationHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishFocus AreaHuman Resources
2026-08-18T05:00:00Z
Why employers shouldn’t use ADA forms for PWFA situations
The federal Pregnant Workers Fairness Act (PWFA) is an anti-discrimination law that requires employers to give employees reasonable accommodations. Unlike the federal Americans with Disabilities Act (ADA), where employees must have a disability, under the PWFA employees only have to have a limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. This is a much lower threshold and can include minor limitations and time off for things like prenatal care. Under both the PWFA and the ADA, employers must provide an accommodation, unless doing so causes the employer undue hardship (i.e., disrupts the business, is too costly, etc.).
Limits on medical documentation
When employees ask for workplace changes because of a PWFA limitation, the law limits when employers may ask for medical documentation and require medical exams. It also limits how much medical information employers may ask for.
Under the ADA, employers may ask for medical information if the condition or need for accommodation isn’t obvious and the employer doesn’t already have enough information.
Employers might have forms to help get key information. ADA forms, however, usually ask for extensive medical information, and using them for PWFA cases could risk violating the law.
Under the PWFA, for example, employers may not require documentation if pregnant employees ask for the option to:
- Carry or keep water near their workstation and drink it as needed,
- Take additional restroom breaks,
- Sit if the work requires standing and stand if the work requires sitting, and
- Take breaks to eat and drink.
Timing could vary
Employees might also need an accommodation before they even have a medical appointment, so a documentation request must be reasonable under the circumstances. When it comes to the PWFA, employers may ask for information limited to:
- Confirming the condition;
- Confirming that the condition is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions; and
- Describing the adjustment or change at work that is needed due to the limitation.
Using ADA forms could, therefore, inadvertently raise the bar for employees and their accommodations. This could make them less likely to ask for an accommodation and risk failure to accommodate claims under the PWFA.
Avoiding litigation
Employers that use ADA forms for PWFA requests might, therefore, fail to meet other PWFA requirements, such as:
- Prompt response times,
- Broader accommodation types, and
- Reduced documentation demands.
This can risk employee claims of discrimination and costly litigation.
Key to remember: Because the PWFA’s documentation rules are more restrictive, employers should develop separate PWFA-specific accommodation forms rather than relying on ADA forms.
NewsIndustry NewsDiscriminationTitle VII (The Civil Rights Act of 1964)RetaliationSexual HarassmentSexual HarassmentHR GeneralistIn-Depth ArticleUSAAssociate RelationsEnglishHR ManagementFocus AreaHuman Resources
2023-09-19T05:00:00Z
EEOC prescribes $150,000 settlement in health care sexual harassment case
Sexual harassment in the workplace usually suggests offensive behavior by one employee toward another employee, or a customer behaving inappropriately toward staff.
Both those situations, while difficult, can be handled in a straightforward manner.
But when it is a patient harassing an employee in a healthcare setting, responding becomes more complicated.
While an employer can discipline an employee who is behaving badly or forbid a customer who harasses an associate from returning to a retail business, leadership cannot simply remove an offending patient in a long-term care facility, especially if that patient does not have all their faculties.
But a recent case out of Colorado shows, harassment by patients in health care settings cannot be overlooked or “swept under the rug.”
The lawsuit
In a sexual harassment and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the operator of a Colorado senior living center agreed to pay $150,000 and provide other relief to settle the case.
According to the EEOC’s lawsuit, residents at the center repeatedly subjected female employees to sexual harassment by grabbing them, asking them for sexual favors, and directing inappropriate sexual language and gestures towards them.
The female employees complained about the harassment to the center’s management. Both the center’s management as well as its parent company’s administrative employees were aware of the residents’ ongoing hostile behavior and sexual harassment but did nothing to stop or prevent it.
The company then retaliated against a female employee who reported sexual harassment by suspending her without pay and firing her within days of her complaint.
Employer violated Title VII
The alleged conduct violated Title VII of the Civil Rights Act of 1964 which prohibits sexual harassment and retaliating against employees who oppose the harassment.
While the operating company recently transferred all operations of its skilled-nursing facilities in the state to new companies and/or operators, the lawsuit specifies that should the company operate any skilled-nursing facility in Colorado in the future, it must:
- Review and revise its anti-discrimination policies to prevent unlawful sexual harassment, including sexual harassment by residents.
- Provide training to its employees in Colorado on how to properly care for and report residents who engage in hostile behavior or unwelcome sexual behavior.
In a statement, an attorney with the EEOC said the settlement in this matter heightens awareness about sexual harassment by clients in nursing facilities, informs staff of their rights, and hopefully, avoids such incidents in the future and in other nursing facilities around the country.
“Retaliation against employees who complain about sexual harassment is a separate violation of Title VII,” said Amy Burkholder, director of the EEOC’s Denver Field Office. “Over 50% of EEOC charges involve a retaliation complaint. Employees must be free to raise concerns about sexual harassment in the workplace without fear of reprisal.”
How to deal with sexual harassment in the health care industry
A Medscape.com survey revealed that 71 percent of nurses say that they had been sexually harassed by a patient. What can be done to lower that number? Here are seven preventative measures:
- Train employees to recognize sexual harassment, whether it is coming from a coworker, supervisor, patient, visitor, or outside contractor.
- Create strong anti-harassment policies.
- Provide sexual harassment prevention training to all employees on a regular basis, including bystander training.
- Encourage employees to report any incidents of sexual harassment they witness or experience, including harassment of staff by patients.
- Investigate all reports of sexual harassment and document all investigations thoroughly.
- Train employees specifically on how to deal with harassment by a patient. Employers might suggest the employee start by telling the patient to stop the inappropriate comments or actions immediately, and then report the behavior to their leader. If the behavior stops, an investigation may not be necessary. However, it stops only temporarily and then starts up again, there will then be record of the earlier incident.
- Instruct employees to immediately report any harassment that is severe or violent. Leaders should address serious incidents immediately. Sometimes reassigning employees can be helpful. Notifying a patient’s family member(s) and having them talk to the patient might also be helpful.
Key to remember: The EEOC takes sexual harassment in health care settings seriously, whether it is employees or patients doing the harassing. Employers in health care and all industries should provide sexual harassment prevention training and take all reports of harassment seriously.
EEOC v. SSC Montrose San Juan Operating Co., LLC and SavaSeniorCare Administrative Services LLC, d/b/a The San Juan Living Center, Civil Action No. 20-cv-03162
NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)Associate RelationsEnglishUSAHR ManagementFocus AreaHuman Resources
2022-12-14T06:00:00Z
Must employers tell employees if they run out of FMLA?
There’s a lot to keep track of when administering employees’ time off, especially when it falls under the Family and Medical Leave Act (FMLA).
Employers might wonder if they need to tell employees when their FMLA leave is running out. And the simple answer is “not really.”
Neither the statute nor the regulations specifically require you to notify or remind employees that their FMLA leave exhausted or is close to it. If you know how much time FMLA leave an employee is taking, you are, however, required to include that information on the designation notice. But, otherwise, there isn’t any other form or required document to tell an employee, “Hey, you’re running low on FMLA leave.”
Does this mean you may not give employees such a reminder?
Again, the simple answer is “no.” Employers may even have good arguments for doing so.
Why a gentle reminder can be helpful
When employees are on FMLA leave, the reason behind the need for leave will probably be of great importance to the employee. It could be because a baby was born or because a family member has a serious health condition. In any case, the employees most likely have a lot on their mind. They might not be constantly thinking about when they will return to work or when they will run out of FMLA leave.
Providing a gentle reminder can show employees that you’re thinking of them, and that you expect them to return on a particular date. Employees generally appreciate knowing what is expected of them. Giving them such a reminder can also help allay any questions about whether they knew they were expected back on such a date.
This could also be a good opportunity to remind employees that if they cannot return to work because of continued issues with their own serious health condition, they should let the employer know. In cases like this, an employer then can engage in an interactive process (dialogue) with the employee regarding possible reasonable accommodations under the Americans with Disabilities Act. One accommodation, for example, might be more leave time.
Providing employees with reminders about how much leave time they have left can also address the consequences for any absences after FMLA protections expire. This is especially important in terms of maintaining employee benefits.
Designation notice changes
If the information in the designation notice changes, such as if the employee exhausts FMLA leave then requests more leave, you must provide a written notice of the change. Like with the original designation notice, a change notice must be given to the employee within five business days of receipt of the employee’s first notice of need for additional leave.
Therefore, if, after an employee exhausts all 12 weeks of FMLA leave, the employee asks for more leave, you are to notify the employee of the changes to the designation notice. You may use another designation notice if you wish, but you are not required to do so. You could simply indicate to the employee that there is no more FMLA leave available, so the additional leave will not be designated as FMLA leave.
Key to remember: Keeping the lines of communication open between you and employees who are on FMLA leave can benefit both employers and employees, even if all types of communication aren’t necessarily required.
Most Popular Highlights In Safety & Health
NewsHazardous WasteIndustry NewsSafety & HealthGeneral Industry SafetyWasteIn-Depth ArticleEnglishFocus AreaUSA
2026-08-19T05:00:00Z
The drum no one dated
Somewhere in your facility, there's probably a drum of hazardous waste with a date written on its label. That date is doing more legal work than you realize. Under the Resource Conservation and Recovery Act (RCRA), that date is more like a countdown. When it runs out, your storage area doesn't just become "out of compliance" but transforms into something else entirely: an unpermitted hazardous waste treatment, storage, and disposal facility (TSDF). This designation carries its own permitting requirements, inspection standards, and penalty exposure.
The clock
Under federal regulation, the 90-day accumulation clock for a large quantity generator (LQG) starts the moment the first drop of hazardous waste enters a container in a Central Accumulation Area — not when the container is full, not when it's staged for pickup, and not when someone gets around to labeling it. LQGs have 90 days to ship waste off-site; small quantity generators (SQGs) get 180 days or 270 days if the disposal facility is more than 200 miles away. If that date is missed, your storage area becomes an unpermitted TSDF, with penalties reaching into the tens of thousands of dollars per day.
In one recent case, inspectors from the Environmental Protection Agency (EPA) reviewing a facility’s weekly inspection logs found containers that had exceeded the accumulation exemption period without the required extension. The violation was sitting in the facility's own paperwork. In another, a single container was found marked with an accumulation date indicating it had been stored 232 days, well past the time limit with no permit, interim status, or approved extension in place. Both cases were resolved through EPA expedited settlement agreements, but both started the same way: a documented date overdue, then discovered during a routine inspection rather than caught internally.
Why "episodic" automatically means excused
Sometimes employers can assume that an unusual event such as a tank cleanout or spill response buys them some flexibility on the time limits. It can, but only if you follow a specific and narrow procedure. Under the Hazardous Waste Generator Improvements Rule, a facility can ship waste from an episodic event off-site without triggering a change to its normal generator category, but only if the generator notifies EPA or the state at least 30 days before a planned event, or within 72 hours after an unplanned one, and concludes the episodic event within 60 days, including transporting the waste off-site.
An SQG is limited to one episodic event per calendar year, though a second event may be approved if a petition is granted. If the hazardous waste from the event isn't off-site within that 60-day window, it gets counted toward the generator's regular monthly generation levels, which can bump a facility into a more heavily regulated generator category it never intended to occupy. In other words, episodic status is a documented exception you apply for, not a category you default into because the circumstances felt unusual. Treating it as the latter is exactly how a facility ends up discovering, mid-inspection, that its "one-time" waste has been sitting well past both the episodic window and the standard accumulation limit.
The cost of losing track
Civil penalties under RCRA Subtitle C now reach $93,058 per day per violation, and separate analysis puts the current statutory ceiling for the most common RCRA civil penalties at $124,426 per day per violation. A drum without a date, a missed weekly inspection entry, an expired training record, or an untracked manifest can each become a standalone liability, but exceeding accumulation time limits remains the single most costly and most preventable category that EPA inspectors encounter.
What this means for your program
The accumulation clock is unforgiving specifically because it's invisible until someone checks. EPA requires weekly inspections of Central Accumulation Areas, and a walk-through without a corresponding documented log is difficult to defend later, even if the walk-through actually happened. The practical fix is really easy. Just make sure to:
- Date every container the moment waste first enters it;
- Track that date against your generator category's specific limit;
- Document weekly inspections in writing; and
- Treat any episodic event as a formal notification process, not an informal grace period.
The waste itself rarely causes the violation. The forgotten date on the drum does.
Keys to remember: Most RCRA violations aren't caused by the waste itself but by failing to date, track, inspect, and ship waste before accumulation time limits expire.
NewsEmergency Planning - OSHAIndustry NewsSafety & HealthElectrical SafetyGeneral Industry SafetyEmergency ExitsFire Protection and PreventionIn-Depth ArticleFire ExtinguishersEnglishClearance DistancesFocus AreaUSA
2022-07-08T05:00:00Z
Locked/blocked exits prompt $580K in OSHA penalties
A national retailer, with what OSHA calls a long history of violations, was slapped with four willful citations after local fire officials sent a referral to the agency regarding a Wisconsin store. Once inside the store last December and January, OSHA inspectors found a:
- Locked exit — Emergency exit doors to the back receiving room were padlocked with a bike lock and a board placed through the handles. Employees were not able to open an exit route door from the inside at all times without keys, tools, or special knowledge. This violated 29 CFR 1910.36(d)(1). The violation was considered willful and serious because the retailer had previously been cited for the same violation three times elsewhere in the U.S. Now the store received the maximum penalty of $145,027.
- Blocked exit — Merchandise and carts blocked the exit in the receiving room, according to OSHA. The exit route was not kept free and unobstructed, and violated 1910.37(a)(3). This violation too was considered willful and serious because the retailer had been cited previously for the same violation 12 times in the U.S. This time the penalty was the maximum $145,027.
- Blocked extinguisher — A portable fire extinguisher in the back receiving room was obstructed with carts/containers. The extinguishers were not readily accessible per 1910.157(c)(1). OSHA found that the retailer previously violated this regulation twice in the U.S., so the violation was considered willful and serious and picked up another maximum $145,027 penalty.
- Blocked electrical panel — Adequate space around electrical panels was not provided says OSHA. Inspectors found that the employer obstructed the access and working space about electrical panels with carts/containers, in violation of 1910.303(g)(1). The citation explains that the retailer violated that regulation eight previous times in the U.S., and the violation was willful and serious, but OSHA did not propose a penalty amount.
While store managers explained that the doors needed repair to close properly, OSHA determined the doors were in disrepair for three months. The store has settled the case for $435,081 in penalties.
However, in January, a similar inspection was conducted at another one of the retailer’s stores in Ohio. That location was cited for barrel locks on the inside of a double-door emergency exit in the back room in violation of 1910.36(d)(1) . The Ohio store was cited for one willful violation and settled the case with $145,027 in penalties.
It is noteworthy that officials for the company had signed settlement agreements with OSHA in 2017, promising to resolve similar violations at its stores nationwide. However, OSHA officials say, based on the latest violations, the retailer continues to gamble with workers’ lives and must stop before tragedy strikes.
NewsIndustry NewsHazard ClassificationsSafety & HealthGeneral Industry SafetyIn-Depth ArticleHazard CommunicationUSAEnglishFocus AreaHazCom Information and Training
2021-05-11T05:00:00Z
HAZMAT — More on MOTs!
Know the rules...
In previous articles, I covered materials of trade (MOTs) but didn’t emphasize how they are covered under the hazmat regulations--mostly, because they aren’t. It’s important you understand why MOTs are an exception to the regulations and, therefore, handled differently.
Different rules apply
Materials transported under this exception do not need to meet some of the requirements for shipping hazmat including shipping papers, placarding, emergency response information, and employee training.
Although MOTs meet exceptions in the hazmat regulations, your employer must inform you of:
- The presence of the material in your vehicle, and
- The MOT requirements (packaging, shipping, etc.).
The exception applies only when you ship construction materials (paint, sprays, lubricants, gasoline) in small quantities.
Handling
The MOT exception is meant for companies that use hazardous materials to do their job. An MOT is a hazmat that is handled specifically for the purposes of:
- Protecting the health and safety of the vehicle operator or passengers (such as insect repellent or self-contained breathing apparatus);
- Operating or maintaining the vehicle, including its auxiliary equipment (such as a spare battery or engine starting fluid); or
- A private motor carrier supporting a principle business other than transport (such as lawn care, construction, welding, or farming operations).
Your safety
Your safety is important. If you think you might be driving a vehicle with MOTs, make sure you understand what they are, the quantity limits, and the proper packaging and marking for those materials.
Key to remember: MOTs Must be in the manufacturers original packaging or packaging of equal or greater strength and integrity. Packaging needs to be leak tight for liquids and gases, sift proof for solids, securely closed, and protected against damage.
NewsIndustry NewsIndustry NewsSafety & HealthMiningSpecialized IndustriesEnglishMine SafetyFocus AreaUSA
2025-03-20T05:00:00Z
Fatal highwall incident prompts MSHA safety alert
A fatal highwall incident at a surface mine prompted the Mine Safety and Health Administration (MSHA) to issue a safety alert to prevent similar incidents.
On January 29, a piece of rock fell from a highwall and struck the cab of a drill being operated by a miner, resulting in fatal injuries. Before beginning work, mine workers should look for hazards, such as loose rocks and overhangs. Miners should also:
- Scale highwalls from a safe location to eliminate hazards.
- Conduct highwall inspections prior to working or traveling near the highwall and more frequently as ground conditions warrant, especially after periods of rain, freezing, and thawing.
- Examine highwalls from multiple viewpoints and look for signs of cracking and other geologic features that could lead to instability.
- Use auxiliary lighting during low light conditions to conduct highwall examinations and illuminate active work areas.
- Work, travel, and operate equipment at safe distances from highwalls.
The full alert can be found at msha.gov.
NewsIndustry NewsEnforcement and Audits - OSHAEnforcement and Audits - OSHASafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaUSA
2023-06-06T05:00:00Z
Employer lawsuit claims OSHA has too much authority
An employer got a day in court for challenging OSHA’s authority to create safety regulations. The employer (plaintiff) argued that Congress unconstitutionally delegated OSHA too much discretion to create safety standards.
When Congress passed the OSH Act of 1970, it granted OSHA the authority to create regulations “reasonably necessary or appropriate to provide safe or healthful employment and places of employment.”
The plaintiff argues that since Congress did not define “reasonably necessary or appropriate,” OSHA decides for itself whether a safety standard is necessary or appropriate. The plaintiff argued that, in effect, OSHA has no limits on its rulemaking authority. The plaintiff requested a permanent injunction to prevent OSHA from enforcing its standards.
The case Allstates Refractory Contractors, LLC v. Walsh questions the extent to which Congress can delegate legislative responsibility to federal agencies. The case started in a district court, which ruled in OSHA’s favor in September 2022. The plaintiff appealed to the Sixth Circuit Court of Appeals, where three justices heard oral arguments on April 27, 2023. The three justices include two appointed by President George W. Bush and one appointed by President Donald Trump. That ruling had not yet been issued at publishing time, but the judges appeared skeptical about the validity of the plaintiff’s case.
OSHA’s defending arguments
The government’s attorneys argued that OSHA does have limits. The agency must determine “that significant risks are present and can be eliminated or lessened by a change in practices” before creating a safety standard. In addition, those standards must be economically and technologically feasible.
The government also noted that courts have imposed limits, such as the United States Supreme Court overturning the Biden administration’s COVID-19 Emergency Temporary Standard (ETS). In that case, the Supreme Court held that the so-called “test or vaccinate” rule was beyond OSHA’s jurisdiction.
Of course, OSHA presumably created the COVID ETS on the belief that it was necessary, appropriate, and within the agency’s jurisdiction. In fact, OSHA defended the ETS before the Supreme Court. This potentially raises the question of whether employers must go to court (incurring substantial legal fees) to argue that an OSHA standard was beyond the agency’s scope.
Regarding the constitutional issue, some organizations filed briefs to support the government’s position. One brief claimed that the Constitution does not limit Congress from delegating its legislative authority. Another claimed that OSHA does have limits, so the delegation is acceptable.
Potential outcomes
The plaintiff is challenging only OSHA’s authority to create safety standards, not health standards, because a previous Supreme Court ruling held that OSHA does have appropriately limited authority to create health standards. Since that ruling, however, changes in the Supreme Court have created a shift in perception regarding the non-delegation concept.
Whatever the outcome, the Sixth Circuit’s ruling will likely be appealed to the Supreme Court. The Supreme Court could decline to hear the case, effectively affirming the Sixth Circuit ruling. Or, the high court could accept the case and schedule arguments; if that happens, the Supreme Court’s ruling would likely be a few years away. A permanent injunction seems unlikely, so outcomes could range from upholding OSHA’s current status to a modest reduction or clarification of OSHA’s authority.
Key to remember: Although this lawsuit has enormous potential impact, the Supreme Court would have to accept the case and agree with the plaintiff. A less dramatic outcome seems more likely.
NewsIndustry NewsSafety & HealthElectrical SafetyConstruction SafetyGeneral Industry SafetyElectrical SafetyIn-Depth ArticleEnglishFocus AreaUSA
2025-06-02T05:00:00Z
OSHA attributes worker electrocution to contractor’s expired tools and training failures
Despite modern safety protocols, electrocution remains one of the leading causes of death in the construction industry. Why do these tragedies keep happening? Employers need to be held accountable.
OSHA has found a local electrical contractor could have prevented a 44-year-old foreman’s death by electrocution. The incident took place during storm recovery efforts.
Investigators learned the foreman was part of the three-person crew that was tasked with restoring distribution power to a series of natural gas pumps. While trying to replace a broken switch, the foreman suffered fatal electrocution from voltage in energized overhead power lines. OSHA inspectors later learned the switch was energized when the incident occurred.
“Electrical work is inherently dangerous, and industry employers must ensure basic safety standards are met to prevent a needless tragedy like this,” said the OSHA Area Director from Birmingham, Alabama. “Now family, friends and co-workers are left to grieve this terrible loss.”
Several violations identified
OSHA investigators determined the company exposed employees to electrical hazards, when investigators found the employer:
- Permitted use of expired electrical protective equipment.
- Neglected to ensure workers’ ability to recognize and address electrical hazards before work began.
- Failed to supervise workers and conduct inspections on an annual basis.
- Did not provide adequate briefings on job hazards, work procedures involved, special precautions, energy-source controls and personal protective equipment required.
- Allowed live-line tools for work on live power lines that should have been removed from service every two years.
- Let workers using tools within nine inches of an energized cutout switch and attempting to work on a broken cutout switch without ensuring that all equipment was properly de-energized as required by safety regulations.
- Failed to ensure equipment was de-energized.
In addition, OSHA found that the employer failed to inspect the worksite to identify possible hazards, before employees conducted repairs and maintenance in overhead power lines.
OSHA issued the employer eight citations and proposed nearly $85,000 in penalties.
Key to remember: Electrical hazards are one of the deadliest hazards found on construction sites. Prevent worker fatalities by adhering to the OSHA compliance requirements.
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