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Regulatory Activity
Stay up to date with regulatory information in your state. Here's where you can see all the final and proposed rules, and notices published in the federal and state registers within the last 7 days.
Recent Regulatory Activity
New Documents
Audio Presentations:
A Class C UST operator is an employee that is generally the first line of response to events indicating emergency conditions at a facility with underground storage tanks. This individual is responsible for responding to alarms or other emergencies caused by spills or releases from underground storage tank systems.
News:
A majority of the U.S. Supreme Court has upheld all parts of a remedy issued by a Special Master appointed by the court to sort out a difficult water dispute that has persisted for years between Kansas and Nebraska (Kansas v. Nebraska et al.).
Several weeks after the Obama administration announced its 5-year plan to open three areas off the north coast of Alaska to oil and gas (O&G) companies, the two Department of Interior (DOI) bureaus that oversee O&G development on the U.S. outer continental shelf (OCS) proposed regulations for exploratory drilling on the Arctic OCS.
The EPA is proposing a wide range of updates to the test methods and test method procedures stipulated by regulation for the analyses of industrial and municipal wastewater and other environmental water samples as required by the Clean Water Act.
DOT's Federal Railroad Administration announced that it has begun its “full-scale forensic” investigation into the February 16, 2015, derailment of a CSX train carrying over 3 million gallons of Bakken crude from North Dakota.

Reporting season is in full swing. The Tier II chemical inventory reporting deadline has come and gone, but for sources emitting greenhouse gases (GHGs) there is no time to catch your breath. GHG emissions reports required by 40 CFR 98 are due on March 31.

New York State Attorney General Eric T. Schneiderman has relit the fire under his legislative effort to ban sales in the state of beauty and cosmetic products containing plastic microbeads.
In a direct final rule, the EPA has published a lengthy list of “minor” amendments and adjustments to federal air rules governing light-duty vehicles, fuels, vessels, testing procedures, and portable fuel containers.
The town of Munroe Falls, Ohio, became the center of a dispute about the power of Ohio municipalities to enforce local ordinances governing oil and gas (O&G) development when the state reserves that power for itself.
A new EPA rule revises the reporting requirements for lead (Pb) air emissions that states must meet as part of their preparation, adoption, and submittal of Clean Air Act (CAA) state implementation plans (SIPs).
After the White House made it clear that President Obama would veto the Keystone XL Pipeline Approval Act (S.1), congressional leaders decided nonetheless to send the bill to the president and force him to formally reject it.
The Obama administration continued to push for oil and gas (O&G) development in a 30 million-acre area —called Lease Sale 193—of the Chukchi Sea off the north coast of Alaska by publishing a final supplemental environmental impact statement (FSEIS).
Following its residual risk and technology review (RTR) of the 1995 National Emissions Standards for Hazardous Air Pollutants (NESHAP) for aerospace manufacturing and rework facilities (aerospace NESHAP), the EPA is proposing new requirements for specialty coating applications.
In a proposal, the EPA is seeking to change several key definitions in its Mercury and Air Toxics Standard to ensure that a power plant that converts from coal or oil fuel to natural gas or biomass will not be required to comply with MATS in perpetuity if after the April 16, 2015, compliance date, the EGU fires a relatively small amount of coal or oil.
White Papers:
The EPA has taken another preliminary step in incorporating biogenic carbon dioxide (CO2) emissions from stationary sources into its climate change programs. Specifically, the Agency has revised a draft of its September 2011 Accounting Framework for Biogenic CO2 Emissions from Stationary Sources.
The federal government devotes substantial resources to assessing the risks chemicals pose to the general public as well as to workers and the environment. But there are concerns that some of those resources are being poorly managed because they are used to do the same job multiple times.
Agencies in charge of two major federal insurance programs have acknowledged that the way they provide coverage has not caught up with the long-term risks posed by climate change and that adjustments are needed.
Guidance Documents:
EPA has implemented numerous changes under the GHG Reporting requirements of 40 CFR 98 that will begin with the 2014 reporting year. This document will help determine if any of the changes apply to your facility.
EPA prepared this manual is to assist inspectors who conduct inspections pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Forms:
Application to apply for certain incentives under the Environmental Management System program.
Checklists:
What do you need to know before conducting a voluntary audit of your facility’s environmental compliance? The "Environmental Audit Preinspection Checklist" will assist you in compiling the information necessary to understand what should be happening at a facility. When onsite, conducting the environmental audit you can compare what is actually happening at the facility to the information gathered during the preinspection activities to determine the facility’s environmental compliance status. Download this audits sample checklist to your computer or print it out.
BLR has developed this inspection checklist based on the EPA requirements for export of pesticides under the Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA).
BLR has developed this inspection checklist based on the EPA requirements for import of pesticides under the Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA).
BLR has developed this inspection checklist based on the EPA requirements for maintenance and retention of pesticide producer records under the Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA).
BLR has developed this checklist based on the EPA requirements for conducting a labeling review for producer establishment inspections of pesticides under the Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA).
If my site accumulates a 55 gallon drum of waste over an extended period, lets say, 6 months, and when it is manifested, it weighs 400 lbs. Since that one shipment is greater than 220 lbs (CESQG wise), can that site take the average of that weight manifested, which is 66.66 lbs per month, and still keep our CESQG status? We are wanting to know if this is adequate documentation and if this is legal for keeping our CESQG status.
Our company is a 3rd party warehouse company. We have various customers and each one holds their own EPA ID number at our site. One customer is a LQG. Are there any regulations that specifiy that both us and our customer must submit the biennially report? Or more importantly showing that only one report is sufficient?
Updated Documents
Forms:
Application to apply for certain incentives under the Environmental Management System program.
Guidance Documents:
EPA has implemented numerous changes under the GHG Reporting requirements of 40 CFR 98 that will begin with the 2014 reporting year. This document will help determine if any of the changes apply to your facility.
EPA prepared this manual is to assist inspectors who conduct inspections pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Laura Casey, a Certified Safety Professional with more than 17 years of experience, discusses how to manage solvent contaminated wipes. This webinar examines applicable regulations, defines solid and hazardous wastes, and defines the requirements for solvent contaminated wipes.
Ron Truelove, the director of the Oil and Gas Sector Services for Trinity Consultants, discusses leak detection. This webinar examines Subpart OOOO, hydraulically fractured natural gas well requirements, fugitive emission leaks, and LDAR data.
Doug Ruhlin, an expert in environmental matters pertaining to concrete and construction, discusses how to ensure compliance with TRI reporting requirements for the July, 2014 submission deadline.
Ilana Morady, associate in the Labor and Employment Department in the Chicago office of Seyfarth Shaw LLP, and Andrew Perellis, a partner in the same office, discuss the definition of Waters of the United States. This webinar examines EPA’s current regulations, proposed rulemaking, next steps and strategies, and more.
Laura Casey, a Certified Safety Professional with more than 17 years of experience, discusses fugitive VOC emissions. This webinar examines how to identify risks, applicable regulations, elements of LDAR programs, and more.
Abby Ferri, a Certified Safety Professional and an independent safety and health expert with previous experience managing EHS programs in the construction industry, discusses the e-Manifest rule. This webinar examines an overview of the rule, benefits and impacts, key dates, compliance strategies, and more.
Marshall Mott-Smith, Vice President and member of the board of directors for the National Institute for Storage Tank Management (NISTM) and founder of Mott-Smith Consulting Group, LLC, discusses Aboveground Storage Tanks. This webinar examines hazards for AST owners, release detection, best practices, and more.
Jose Orsini, CEA, CM, serves as Managing Consultant at Trinity’s Orlando Office and has over twenty six years of multimedia environmental permitting and compliance, discusses stormwater management best practices. This webinar examines stormwater regulations, post-construction plans, project teams, and more.
Laura Casey, a Certified Safety Professional with more than 17 years of experience, discusses SPCC plans. This webinar examines regulatory requirements, characteristics of Tier I and Tier II facilities, regulatory revisions, and more.
Use this chart to check your state’s Tier II reporting requirements and find contact information.
Abby Ferri, a Certified Safety Professional and an independent safety and health expert with previous experience managing EHS programs in the construction industry, discusses EPA’s rule on solvent-contaminated wipes. This webinar examines final rule changes, strategies for achieving maximum economic benefits from the changes, approaches for full compliance, and more.
Brad Harbaug, editor of the Environmental Health and Safety Blog for MSDSonline and creator of creator of MSDSonline’s GHS Answer Center and GHS Webinar series, discusses employee training concerning old MSDSs and new SDSs. This webinar examines Safety Data Sheets, training, and the role classification plays in GHS.
Doug Ruhlin, an expert in environmental matters pertaining to the concrete and construction materials industries, discusses compliance regarding the construction and development point source final rule. This webinar examines NPDES construction activity general permits, the existing rule, and the final rule changes.
Michael Lawrence, principal of Summit Safety Technologies based in Long Beach, California with more than 30 years of experience in safety management, discusses universal waste compliance. This webinar examines the universal waste rule; requirements for handling, storing, and shipping; universal waste streams; recycling and more.
Gery P. Giannini, CET, CIT, MTM, Director of Safety Sales & Training at Heritage Group Safety, discusses asbestos operations and maintenance programs. This webinar examines background to asbestos regulation, potential health risks from asbestos, consultation, and more.
Michael Easter, a toxicologist, attorney, and Certified Hazardous Materials Manager with more than 20 years of experience, discusses hazardous materials release and storage reporting. This webinar examines the relationship between CERCLA and EPCRA, EPCRA organization, recent changes, and more.
Tom Burgess, a certified safety professional with more than 25 years of experience including industrial fire brigades, maintenance of fire detection and suppression systems, and more, discusses the Flammable Liquid Standard. This webinar examines what a flammable liquid is, storing flammable liquids safely, flammable storage cabinets, and more.
On December 18, 2014, CEQ released revised draft guidance for public comment that describes how Federal departments and agencies should consider the effects of greenhouse gas emissions and climate change in their NEPA reviews.
In December 2014, the U.S. Environmental Protection Agency modified its 2008 Definition of Solid Waste (DSW),which addresses the management of hazardous secondary materials (HSM) for recycling. This chart compares the 2008 rule with the new rule, which will take effect in 2015.
Regulatory Analysis:
The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision-making processes through environmental impact assessment. Generally, NEPA requirements are triggered whenever a federal permit, federal monies, or a federal agency is involved in a project. The determination for further compliance with NEPA requirements is dependent on the presence of sensitive environments, conditions, or habitats evaluated through an initial environmental assessment (EA).
Making a hazardous waste determination is the key to the applicability of the Resource Conservation and Recovery Act (RCRA) hazardous waste management regulations. One of the most frequently asked questions by generators is, "Is my waste a hazardous waste regulated under RCRA?" If the answer is "no," the RCRA hazardous waste laws and regulations do not apply to the management of that waste. If the answer is "yes," however, the generator and subsequent handlers of the hazardous waste must comply with myriad RCRA rules that are in place in order to ensure the safe management of the hazardous waste.
Under the Resource Conservation and Recovery Act (RCRA), wastes are separated into two broad categories: hazardous and nonhazardous. Hazardous wastes are regulated under Subtitle C and nonhazardous wastes are regulated under Subtitle D. RCRA Subtitle D was designed to assist waste management officials in developing and encouraging environmentally sound methods for the disposal of nonhazardous solid waste (RCRA Section 4001). EPA does not have enforcement authority under RCRA Subtitle D; regulation of solid waste is the responsibility of the states.
The September 11 attacks increased concerns that terrorists might target businesses that handle hazardous materials, such as chemical manufacturers. While site security at these facilities previously targeted the isolated intruder or vandal, 9/11 highlighted the possibility that chemicals might be released or stolen as international weaponry. Site protection was suddenly entwined with national security, leading both legislators and the industry to step forward and address this threat.
Air emissions permits are divided into two distinct categories: construction permits and operating permits. The applicability of various permitting programs within each category is dependent on the type and quantity of the pollutants emitted, the attainment status of the area where the source is located, and the date the source was constructed or modified. The quantity of emissions from a source will determine whether the source can be classified as a major source or if changes at the source can be classified as a major modification. Major sources must comply with federal construction and operating permit programs, most of which are administered at the state or local level.
This topic provides an overview of the reporting requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA Title III). EPCRA requires regulated facilities that manufacture, use, or store certain amounts of hazardous chemicals to develop and implement emergency plans, report chemical inventories, and notify authorities in the event of a toxic release.
Several federal programs have been established to ensure that facilities take steps to prevent hazardous substance releases and oil spills, chemical accidents, and other emergencies, implement planning and preparedness requirements, and respond to environmental emergencies.
Toxic air pollutants, also known as HAPs, are those pollutants that are known or suspected to cause cancer, other serious health effects, or adverse environmental effects. Other health effects can include damage to the immune system, as well as neurological, reproductive, developmental, respiratory, and other health problems.
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