The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.
U.S. Chemical Safety and Hazard Investigation Board – Reporting of Accidental Releases
In August 2022, the Chemical Safety and Hazard Investigation Board (“CSB”) released guidance further defining reportable “accidental releases” causing property damage or injuries under CSB’s 2020 reporting rule (40 CFR 1604). The 2020 reporting rule represented a new regulatory reporting obligation for regulated entities that required additional reporting to CSB in the event of certain emergency events such as facility explosions and fires. Importantly, these reporting obligations are in addition to a regulated entity’s potential reporting obligations to the United States Environmental Protection Agency, state environmental protection agencies and OSHA.
CSB’s authority to issue the reporting rule arises under Section 112 of the Clean Air Act (42 U.S.C. 7412) and the rule requires regulated entities to report to CSB any “accidental release” resulting in a fatality, serious injury, or substantial property damage. An “accidental release” is defined as an “unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.” CSB’s recent guidance, however, interprets these terms extremely broadly to encompass emissions that are not traditionally regulated by the Clean Air Act such as steam and dust emissions that result from most explosions or fires.
While the 2020 reporting rule became effective in 2021, we recommend renewed focus on reporting obligations in light of CSB’s recent guidance. A copy of CSB’s reporting guidance is available here.
Where have All My Disclosed Violations Gone? EPA Inspector General Calls for Increased Scrutiny of eDisclosure Submissions
For over 20 years, the United States Environmental Protection Agency (EPA) has offered the regulated community the opportunity to voluntarily disclose known or suspected violations of various federal environmental laws and regulations through its “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations” (Audit Policy). If specified Audit Policy conditions are met, disclosing parties may receive either reduced or no civil penalties related to the harm caused, or economic benefits realized, by the violation(s). Continue reading.
Employment Legislative Outlook
Thompson Hine’s monthly digest is designed to keep you apprised of upcoming major state employment law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.
If you missed it, read our October issue here.
Access our latest November edition here.
Securities Quarterly Update – Fall 2022
Welcome to the fall edition of Securities Quarterly Update, a publication that provides updates and guidance on securities regulatory and compliance issues. This edition includes reminders for the 2023 proxy season, some considerations for the next quarterly report on Form 10-Q, ESG preparedness suggestions, and other SEC-related updates. Continue reading.
An ESG Collaborative Series: The Shifting Landscape of Modern Business
Please join us for our third webinar in a series hosted by the members of our ESG Collaborative team. These webinars will cover a variety of topics with a focus on providing concrete, value-added takeaways in all areas from investing to greenwashing. Each webinar will address how the increasingly important ESG element of modern business can factor into transactions, long-term strategies, business operations and disclosures for all types of companies.
SESSION 3: IRA: New Incentives to Energize Sustainable Investment –
Nov. 17, 2022
The Inflation Reduction Act (IRA) is a landmark federal law providing over $360 billion in incentives to support clean energy, carbon reduction, environmental justice, ESG and sustainability. While promoting the transition to clean energy and solutions to reduce pollution and GHG emissions, the IRA also offers unprecedented opportunities to monetize certain incentives, including making solar power and other renewables more attractive investments for public and private companies. We will discuss the energy and environmental provisions of the IRA and offer practical guidance and insights on using the new incentives effectively, including innovative ways to structure and finance green investments and tips on selecting a development partner for solar power and energy efficiency projects. Learn more and register here.
Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of The Adhesive and Sealant Council. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.
For more information, contact the editor, Devin A. Barry, or any of the authors.
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