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On October 8, 2019, the Office of Administrative Law approved an adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED). This CEW recycling fee is assessed when a California consumer buys a CED – generally, any video display device with a screen larger than four inches – from a retailer. These fees fund the CEW Recycling Program, which is run by the Department of Resources Recycling and Recovery (CalRecycle). At…
On September 25, 2019, the Senate Committee on Environment and Public Works (EPW) voted unanimously to approve Dr. Katherine A. Lemos, President Donald Trump’s nominee to lead the U.S. Chemical Safety and Hazard Investigation Board (CSB). Dr. Lemos’ nomination will now advance to the full Senate for confirmation.…
On September 12, 2019, the U.S. Environmental Protection Agency (EPA) and the Department of the Army issued a pre-publication draft of the final rule to repeal the 2015 Clean Water Rule definition of “Waters of the United States” (WOTUS Rule), which amended existing Clean Water Act (CWA) regulations. According to the EPA, the agencies’ goal is to “implement the pre-2015 Rule regulations nationwide as informed by applicable agency guidance documents and consistent with Supreme Court…
On September 12, 2019, the U.S. Environmental Protection Agency (EPA) sent for pre-publication review to the White House Office of Management and Budget (OMB) a final draft rule aimed at repealing regulatory changes to the Risk Management Program (RMP). The RMP regulations establish a performance-based standard for process safety applicable to facilities that utilize or manufacture a threshold quantity of highly hazardous chemicals, historically mirroring the Process Safety Management (PSM) standard promulgated by the Occupational…
The California Occupational Safety and Health Appeals Board (Board) is soliciting public comments on proposed revisions to its Rules of Practice and Procedure. The three-member Board hears appeals from public- and private-sector employers regarding citations issued by the California Division of Occupational Safety and Health (DOSH) and is authorized to adopt procedural rules related to these appeals. If adopted, the proposals would primarily affect the way appeals are docketed and discovery is conducted during proceedings…
Following last year’s indictments of Arkema Inc. (Arkema) CEO Richard Rowe and plant manager Leslie Comardelle, a Texas grand jury recently indicted Mike Keough, Arkema’s Vice President of Logistics, in connection with allegations that Arkema failed to provide adequate emergency response information to response officials. Along with this indictment, recent charges against Intercontinental Terminals Company and the hiring of several additional prosecutors reflects Harris County District Attorney’s increased focus on prosecuting environmental and safety crimes.…