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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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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.

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Environmental Enforcement Discretion Policies During the COVID-19 Pandemic: U.S. EPA and 50-State Chart

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<a href="https://www.thompsonhine.com/professionals/blattner-wray" target="_self" rel="noopener">Wray Blattner</a>, <a href="https://www.thompsonhine.com/professionals/hunt-nathan" target="_self" rel="noopener">Nathan C. Hunt</a>, <a href="https://www.thompsonhine.com/professionals/lundberg-bozana" target="_self" rel="noopener">Božana Lundberg</a>,&nbsp;<a href="https://www.thompsonhine.com/professionals/kreitner-jean-luc" target="_self" rel="noopener">Jean-Luc Kreitner</a>

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The U.S. Environmental Protection Agency has issued guidance in response to the substantial uncertainty and disruption the COVID-19 pandemic has caused regarding compliance with various federal environmental laws, regulations and permit requirements. In a memorandum issued March 26, U.S. EPA set forth its temporary position to exercise enforcement discretion and not seek penalties for specified categories of environmental noncompliance while emphasizing the need to make best efforts to comply and protect human health and the environment.

Many state agencies have followed U.S. EPA’s lead in implementing environmental enforcement discretion policies.&nbsp;<a href="https://admin.thompsonhine.com/wp-content/uploads/1135/doc/COVID19_USEPA_50_State_Enforcement_Guide.pdf" target="_self" rel="noopener">For ease of reference, we have compiled a chart summarizing the policies of the U.S. EPA and all 50 states, plus Washington, D.C.</a>

PPP Flexibility Act Makes Changes to the PPP Loan Program

<a href="https://www.thompsonhine.com/professionals/maffett-jennifer" target="_self" rel="noopener">Jennifer L. Maffett-Nickelman</a>

In the ever-changing PPP world, the PPP Flexibility Act makes a number of changes to the PPP loan program:

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<a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_self" rel="noopener">For more information.</a>

U.S. Department of Labor Announces Two New Overtime Rules

<a href="https://www.thompsonhine.com/professionals/stillwagon-bryan" target="_self" rel="noopener">Bryan Stillwagon</a>,&nbsp;<a href="https://www.thompsonhine.com/professionals/mcnamara-anthony" target="_self" rel="noopener">Anthony P. McNamara</a>

The U.S. Department of Labor has announced two new rules relating to overtime calculations and exemption eligibility under the Fair Labor Standards Act. The first, which will take effect 60 days after publication, includes bonuses and other incentive-based pay within the “regular rate of pay” for salaried, non-exempt employees who work “fluctuating workweeks.” The second rule, which became effective on May 19, establishes uniform criteria for determining which businesses are considered “retail or service establishments” and whose commissioned employees may be exempt from the FLSA’s overtime requirements. <a href="https://www.thompsonhine.com/publications/department-of-labor-announces-two-new-overtime-rules" target="_self" rel="noopener">Continue reading.</a>

OSHA Issues Updated COVID-19 Enforcement Plan and Guidance for Employers

<a href="https://www.thompsonhine.com/professionals/barnes-nancy" target="_self" rel="noopener">Nancy M. Barnes,</a>&nbsp;<a href="https://www.thompsonhine.com/professionals/wymer-john" target="_self" rel="noopener">John Wymer</a>,&nbsp;<a href="https://www.thompsonhine.com/professionals/young-m" target="_self" rel="noopener">M. Scott Young</a>

On May 19, as many employers around the United States planned to reopen, OSHA issued an Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19), which includes instructions and guidance for OSHA Area Offices on how to address COVID-19-related complaints, referrals and severe illness reports at employers. Also on May 19, OSHA issued Revised Enforcement Guidance for Recording Cases of COVID-19. On May 26, OSHA’s previous guidance on these topics was rescinded and the new Updated Interim Enforcement Response Plan and Enforcement Guidance went into and will remain in effect until further notice. <a href="https://www.thompsonhine.com/publications/osha-issues-updated-covid-19-enforcement-plan-and-guidance-for-employers" target="_self" rel="noopener">Read more.</a>

Preparing Your Business for the COVID-19 World: A Webinar Series

On June 9, we presented “Environmental Compliance in a COVID-19 World: Best Practices and Risk Mitigation Strategies,” the sixth in our series of webinars examining COVID-19-related issues affecting businesses. Topics included:

<a href="https://www.thompsonhine.com/professionals/barry-devin" target="_self" rel="noopener">Devin A. Barry</a> <a href="https://www.thompsonhine.com/professionals/eagle-joel" target="_self" rel="noopener">Joel D. Eagle</a> <a href="https://www.thompsonhine.com/professionals/friedman-heidi" target="_self" rel="noopener">Heidi B. (Goldstein) Friedman</a> <a href="https://www.thompsonhine.com/professionals/miracle-tasha" target="_self" rel="noopener">Tasha Miracle</a>

Please visit our <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_self" rel="noopener">COVID-19 Task Force page</a>&nbsp;for a link to the recorded presentation.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of&nbsp;<a href="https://www.ascouncil.org/" target="_self" rel="noopener">The Adhesive and Sealant Council.</a> 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, <a href="https://www.thompsonhine.com/professionals/hubbard-william" target="_self" rel="noopener">William J. Hubbard</a>, or any of the authors.

Check out our latest&nbsp;<a href="https://www.thompsonhine.com/publications/employment-legislation-outlook---june-2020" target="_self" rel="noopener">Employment Legislation Outlook.</a> Learn about the latest developments in paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, and workplace issues.

<a href="https://www.pages05.net/thompsonhinellp/Subscribe/?spMailingID=23383902&amp;spUserID=MzI4NzQ4NTQxMzU2S0&amp;spJobID=1760585903&amp;spReportId=MTc2MDU4NTkwMwS2" target="_self" rel="noopener">Subscribe</a>&nbsp;to other Thompson Hine publications.

Additional Resources We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_self" rel="noopener">COVID-19 Task Force</a>&nbsp;page for additional information and resources.

ASC Regulatory Affairs Update Webinar

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Chemical Industry Regulatory Update – June 2020

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