California lawmakers recently took a step towards regulating the integrity of carbon dioxide removal (CDR) strategies. If the law passes, it will impact carbon emissions reporting and compliance activities in California. Senate Bill 285 (SB 285), which is set for a hearing on April 2, 2025, aims to establish standards for CDR strategies to ensure
OSHA Releases Proposed Heat Injury and Illness Prevention Standard
On July 2, 2024, the Occupational Safety and Health Administration (OSHA) released the official text of its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed standard. OSHA has been developing this standard since 2021, which will likely be finalized later this year.
The standard includes general mandates for all covered employers
OEHHA Moves Forward with Changes to Proposition 65 Short-Form Warning Requirements
On June 13, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) opened a 15 day public comment period (expiring June 28) for interested parties to comment on the State’s proposed changes to regulations that require additional information in future warnings on consumer products that contain chemicals linked to cancer or birth defects.
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How to Prepare for California’s New Workplace Violence Prevention Law
On September 30, 2023, California Governor Gavin Newsom signed SB-553 into law. SB-553 is the nation’s first workplace violence prevention law. The law adds a new section 6401.9 to the California Labor Code, which will be implemented by Cal/OSHA. The new law requires that employers an effective plan aimed at preventing workplace violence in place
Coming Soon: California Climate Disclosure Bills
California Governor Gavin Newsom recently pledged to sign two groundbreaking climate disclosure bills into law. These bills will mandate most large U.S. companies to reveal their complete emissions along their value chains and report on their financial risks and adaptation measures related to climate change.
The California Senate bills, SB 253 (“Climate Corporate Data Accountability
California Hydrogen Updates
As we previously covered in our blog last week, both the Federal and certain State governments are proposing legislation to subsidize or otherwise enhance the use of hydrogen as an alternative fuel to reduce greenhouse gas emissions from selected “hard to abate” industrial sectors such as heavy industry, transportation and marine shipping. Last week’s blog
Full Value Chain Emission Disclosures – A California ESG Bill Resurrected
The California Climate Corporate Data Accountability Act (“SB 253”) was recently introduced and passed the state’s Senate Environmental Quality Committee on March 15, 2023. SB 253 aims to broaden Environmental, Social, and Governance (“ESG”) state disclosure requirements, targeting high earning companies. A similar emissions disclosure bill, the Climate Corporate Accountability Act, failed to pass the
California’s new carbon capture and storage laws
California Governor Gavin Newsom recently signed three bills addressing carbon capture, utilization and storage (“CCUS”) and carbon dioxide removal (“CDR”). Collectively, these bills create a pathway for new regulation of CCUS and CDR projects, enabling them to become part of a solution for the State to meet aggressive carbon reduction / neutrality goals in 2030
EPA Proposes Expansive Changes to EPA RMP Rule
As anticipated, on Friday the U.S. Environmental Protection Agency (EPA) issued a proposed Risk Management Program (RMP) Safer Communities by Chemical Accident Prevention rule pursuant to the Clean Air Act. The proposed rule would reinstate certain provisions newly introduced to the RMP rule (originally promulgated in 1991) late in the Obama administration and subsequently removed by the Trump administration in 2019. The EPA has additionally added significant new requirements not originally in the 2017 draft RMP rule, including provisions aimed to further current policies on environmental justice and climate change. The proposed RMP rule also appears to draw influence from recommendations made by the Chemical Safety Board (CSB) as well as state updates to process safety regulations in the past decade, most notably the California Accidental Release Prevention Program (CalARP) and the California Refinery Process Safety Management (PSM) Standard.
These changes, including the addition of requirements regarding employee participation, public availability of information, inherent safety, third party auditing, facility siting and natural hazards consideration, as well as emergency response planning, will result in covered RMP facilities having to significantly revisit and revise their RMP programs and plans. Certain requirements also appear to be directly aimed at limiting stationary sources’ ability to privately manage their internal risk management decisions. For example, covered facilities would now be required to document any revisions between draft and final compliance audits and provide justifications for rejected RMP program recommendations.
According to EPA Administrator Michael Regan, “protecting public health is central to EPA’s mission, particularly as we adapt to the challenges of climate change, and the proposal announced today advances this effort, especially for those in vulnerable communities. This rule will better protect communities from chemical accidents, and advance environmental justice for communities that have been disproportionately impacted by these facilities.” EPA estimates the rule will cost approximately $77 million a year.
Comments on the proposed rule are due to EPA within 60 days of its publication in the Federal Register and may be submitted online, via mail, or hand-delivery.Continue Reading EPA Proposes Expansive Changes to EPA RMP Rule
Boron: Increase in domestic production for important mineral on the horizon
Boron can be found in electric vehicles, vital military hardware, wind turbines, solar panels, satellites, and more. The mineral – already listed as a national strategic mineral – is important for the United States’ economy, climate strategy, and national security. However, the U.S. Geological Survey has yet to include boron on the list of “critical minerals,” which the Energy Act of 2020 defines as a non-fuel mineral or mineral material essential to the economic or national security of the U.S. and which has a supply chain vulnerable to disruption. The lack of critical mineral designation could hamper the domestic production of boron, but that may be changing soon as discussed below.
California’s Mojave Desert is believed to have the world’s largest known new boron deposit. A mine in the region, known as Fort Cady, has an estimated mineral resource of 120 plus million tons of the type of borate, colemanite, which accounts for 90% of the mineral used globally. Fort Cady also has a large source of lithium (see our earlier post on lithium’s potential), which is an important element for batteries and electric vehicles. Fort Cady further benefits from proximity to an interstate highway, railroad, deep-water port, high voltage power line, gas line, and approved water infrastructure.
An industry leader in boron sourcing and processing is set to begin mining at Fort Cady soon, with small scale mining operations set to begin by the end of this year and large scale production by 2025. However, mining boron deposits is very costly and time consuming. Listing boron on the list of critical minerals would help alleviate such issues by giving stakeholders access to extensive government funding, incentives, and partnerships.Continue Reading Boron: Increase in domestic production for important mineral on the horizon