Government Affairs

PHMSA Reinstates Enforcement Discretion for Cylinders that have Exceeded their Periodic Requalification Test Date

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The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a temporary discretion notice that it will not take enforcement action against any person who fills a DOT-specification cylinder used to transport Division 2.2 nonflammable gas provided the cylinder meets all requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) except that the cylinder is overdue for periodic requalification by no more than 12 months through January 15, 2022.

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EPA Announces Tiered Data Reporting Rule, ACA Submits Comments

ACA to Comment on EPA’s Priority Chemicals for TSCA Risk Evaluation

Last month, EPA published in the Federal Register its intention to develop a Tiered Data Reporting (TDR)  rule requiring manufacturers — and sometimes processors —  to report targeted information to the agency informing on three stages (or tiers) of TSCA evaluations: 1) pre-prioritization; 2) prioritization; and 3) risk evaluation/risk mitigation. The TDR rule would require submission of standardized data sets that would inform EPA activities at each tier.

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OSHA Issues Updated Guidance on Protecting Unvaccinated and other At-risk Workers from the Coronavirus

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On Aug. 13, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued updated guidance to help employers protect workers from the coronavirus. The updated guidance reflects developments in science and data, including the Centers for Disease Control and Prevention’s (CDC) updated COVID-19 guidance issued July 27.

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EPA Extends Deadline for Comment on Proposed PFAS Recordkeeping Requirements

FTC Considers Enforcement Related to “Made in the USA” Label Statements

Per- and polyfluoroalkyl substances (PFAS) are a class consisting of thousands of chemicals that have been used in a variety of products, most notably fire suppression systems. The proposed rule includes lists of PFAS substances as examples, although reporting is not limited to listed chemicals. EPA extended the comment deadline by a month to Sept. 27, 2021.

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EPA and Army Announce Next Steps for Definition of Waters of the United States

WOTUS

The agencies intend to revise the definition of WOTUS following a process that includes two rulemakings. A forthcoming foundational rule would restore the regulations defining WOTUS that were in place for decades until 2015, with updates to be consistent with relevant Supreme Court decisions. A separate, second rulemaking process would refine this regulatory foundation and establish an updated WOTUS definition.

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