The U.S. Environmental Protection Agency (EPA) has announced a proposed rule to revise the implementation of Section 401 of the Clean Water Act (CWA), which governs water quality certifications for federally permitted projects. The proposal is intended to clarify the scope of Section 401, define roles for states and authorized tribes, and establish consistent procedures and timelines for certification decisions.Section 401 requires applicants for certain federal permits or licenses that may result in discharges to navigable waters to obtain certification from the relevant state or authorized tribal authority confirming compliance with applicable water quality standards.
According to EPA, the proposed rule would revise elements of the 2023 Section 401 rule by standardizing certification request requirements, clarifying the types of conditions that certifying authorities may impose, and reinforcing statutory timelines for certification decisions. The agency states that the changes are intended to improve predictability and reduce delays in the permitting process.
The proposal follows actions taken by EPA in 2025, including issuance of guidance clarifying state and tribal responsibilities under Section 401 and a public input process conducted earlier this year to inform potential revisions to the rule. EPA Administrator Lee Zeldin stated that the proposal is intended to focus Section 401 reviews on water quality considerations and align implementation with statutory requirements.
Members of Congress, including Senate Environment and Public Works Committee Chair Shelley Moore Capito and House Transportation and Infrastructure Committee Chair Sam Graves, expressed support for the proposal, citing its potential to streamline infrastructure permitting and clarify the certification process.
Under the proposed rule, EPA would also seek to limit the use of Section 401 certifications to considerations directly related to water quality, consistent with the Clean Water Act’s statutory framework.
Once the proposed rule is published in the Federal Register, EPA will open a 30-day public comment period. The agency plans to review submitted comments and develop a final rule, which it anticipates issuing in spring 2026.
A new final rule published by OSHA in January corrects “several inadvertent errors” in the agency’s hazard communication standard and makes one technical amendment to Appendix F. The standard was most recently updated and revised by a final rule published in May 2024. The agency first made some corrections in October 2024.New corrections to the regulatory text include updating the definition of liquid, which OSHA says inadvertently omitted the conversion of 14.69 PSI for all references to vapor pressure; updating the definition of physical hazard to include chemicals under pressure; and adding some missing headings.
Other errors occurred in the standard’s appendices. For example, OSHA is replacing figures in Appendix A that it says were “inadvertently altered in the final rule” with versions that were included in the 2021 proposed rule. Further changes are intended to correct formatting, spelling, and numbering errors as well as to remove elements from the United Nation’s Globally Harmonized System of Classification and Labelling of Chemicals (GHS) that the agency explains were “inadvertently included in the final rule but are not appropriate for OSHA's standard.”
The technical amendment to Appendix F revises the first sentence in the section titled “Responses Are in One Sex or Both Sexes.” The new final rule changes the term “gender-specific tumors” to “sex-specific tumors.”
According to OSHA, because these errors were mostly typographical in nature and the technical amendment “[does] not affect or change any existing rights or obligations,” stakeholders are unlikely to object to the changes. Therefore, the agency has determined it can make these changes without a public notice-and-comment period.
The changes are summarized in a table included in the new rule. For more information, view the notice in the Federal Register. More information about OSHA’s hazard communication standard is available from the agency’s website.
The U.S. Department of Health and Human Services (HHS) has reinstated hundreds of employees at the National Institute for Occupational Safety and Health (NIOSH) whose positions were previously subject to reduction-in-force notices.On April 1, 2025, HHS issued reduction-in-force notices to approximately 90 percent of NIOSH’s workforce, affecting roughly 900 of the agency’s approximately 1,000 employees. According to a press release issued by the American Federation of Government Employees, HHS has since revoked all layoff notices issued to NIOSH staff.
Following the initial notices, several professional organizations, labor unions, and worker safety advocates publicly opposed the layoffs. Legal challenges were also filed against HHS Secretary Robert F. Kennedy Jr., alleging that the terminations were unlawful.
The American Industrial Hygiene Association (AIHA) launched a “Restore NIOSH” campaign after the layoffs were announced. The campaign included online tools that allowed individuals to send letters to members of Congress in support of NIOSH and informational materials describing the agency’s programs, including the NIOSH Manual of Analytical Methods, the NIOSH Pocket Guide to Chemical Hazards, and the certified equipment list for approved respirators. AIHA reported that thousands of messages were sent through its advocacy tools.
AIHA later initiated additional campaigns related to funding for NIOSH and other occupational and environmental health and safety agencies, including the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA), the Occupational Safety and Health Review Commission, and the Chemical Safety and Hazard Investigation Board. AIHA reported that a total of more than 9,900 letters were generated through these efforts.
In May 2025, approximately 300 NIOSH employees were reinstated, though questions remained regarding the long-term status of those positions as legal challenges proceeded. The HHS budget proposal for fiscal year 2026, submitted to Congress later that month, included a proposed reduction of approximately 80 percent in funding for NIOSH.
This week, HHS reinstated the remaining affected NIOSH staff. The reversal was first reported by Bloomberg. NIOSH is a federal research agency responsible for conducting occupational safety and health research and developing guidance, methods, and certifications related to workplace hazards.
U.S. Environmental Protection Agency (EPA) has reached a settlement with Home Market Foods, under which the company paid a $1.1 million civil penalty. The company violated federal Clean Air Act (CAA) chemical safety requirements at its food processing plant in Norwood, Mass., and its cold storage warehouse in Norton, Mass. These violations involve the safe handling of anhydrous ammonia, a hazardous chemical used for cooling and refrigeration.This enforcement action follows a chemical release at the Norwood facility on December 19, 2022. While contractors were working near refrigeration machinery, anhydrous ammonia was accidentally released, resulting in one contractor being killed and another badly injured. EPA inspected the facilities and reviewed the company's risk management program, finding that the company had not met several of the CAA's accident prevention requirements.
EPA also found that the company did not quickly report the December 2022 release and another ammonia release in 2024 to the proper federal officials. Since the accident, the company has made significant safety improvements at both facilities.
"Workers and communities deserve to be protected from dangerous chemical releases, which can injure and kill people," said Mark Sanborn, U.S. EPA New England Regional Administrator. "EPA is taking this action to hold the company accountable and to ensure that other companies comply with chemical safety laws at their facilities."
In addition to the assessed penalty, the company completed several safety improvements under compliance orders issued in 2024 and 2025. Under the 2025 order, Home Market Foods is also required to hire an independent expert to check the condition and safety of key refrigeration systems at both locations. This will help ensure the facilities are operating safely moving forward.
Thousands of facilities nationwide, make, use, or store extremely hazardous substances, like ammonia. The CAA requires facilities to implement risk management plans as part of their operations for using substances that pose the greatest risk of harm from accidental releases. Failure to do so can result in the accidental release of extremely hazardous substances that can cause serious injuries and fatalities, evacuations, and shelter-in-place orders. EPA prioritizes compliance with chemical accident risk reduction plans and is one of EPA's national enforcement and compliance initiatives.
U.S. Environmental Protection Agency (EPA) Region 6 has entered into an administrative compliance order on consent (ACOC) with Smitty’s Supply, Inc, following an inspection and records review of the company’s Roseland, Louisiana, facility under the Resource Conservation and Recovery Act. Inspectors recorded areas of concern regarding the handling and management of hazardous waste at the facility.On October 7-9, 2025, while EPA was leading cleanup efforts at the Smitty’s Supply facility in Roseland, Louisiana, the agency conducted a joint RCRA inspection of the facility with the Louisiana Department of Environmental Quality. The inspection focused on records of compliance and material managed in areas of the facility remaining after the fire on August 22, 2025. In safely accessible areas of the facility, inspectors observed approximately 250 damaged containers, more than 200 spills, and more than 300 unlabeled or unidentified containers. The full inspection report is available here.
The ACOC requires the company to address alleged violations found during the inspection and records review within 60 days, including failure to make accurate hazardous waste determinations, failure to maintain and operate the facility to minimize the possibility of releasing hazardous waste, failure to carry out the required contingency plan, failure to maintain containers in good condition, and failure to manage universal hazardous waste. The company began to address areas of noncompliance following the inspection and has kept EPA informed of their work. This includes characterizing the content of totes and drums, addressing leaks by transferring the material into totes that are in good condition, and ensuring totes and drums are properly labeled.
Following the on-site inspection, the company was required to submit documents such as the facility’s current contingency plan, training records, inspection reports, and material manifests. These documents were included in EPA’s assessment of the facility’s compliance with RCRA requirements.
The ACOC also acknowledges that some of the company’s work under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) order of October 13, 2025, serves as compliance with corresponding requirements of the ACOC.
EPA led emergency response activities following a fire and hazardous materials release at Smitty’s Supply in Roseland, Louisiana, on August 22, 2025. Response workers recovered over 11.7 million gallons of liquid waste, including 8 million gallons from the Tangipahoa River and nearby ponds removed and transported offsite for disposal. EPA’s community involvement team had over 3,000 interactions with residents at office hours and public events. On October 15, 2025, EPA entered into a consent order with Smitty’s Supply, Inc. to assume responsibility for the cleanup of the facility and to pay certain response costs incurred by the United States. EPA also issued a Pollution Removal Funding Authorization to the state of Louisiana to continue cleanup of the Tangipahoa River and nearby ponds under EPA oversight.
The Resource Conservation and Recovery Act is a comprehensive program implemented by EPA to ensure that hazardous waste is managed safely from the moment it is generated to its final disposal (cradle-to-grave). These regulations set criteria for hazardous waste generators, transporters, and treatment, storage and disposal facilities. This includes permitting requirements, enforcement and corrective action or cleanup.
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Phthalates are commonly used in which of the following products, and what is their primary health concern?
