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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:
Overexposure to lead is one of the most common overexposures found in industry. In fact, lead overexposure is a leading cause of workplace illness. Use this PowerPoint to train your employees on the hazards of working with lead.
News:
As part of its Work Plan Chemical Assessment program, the EPA has issued a final risk assessment for n-methylpyrrolidone (also referred to as 1-methyl-2-pyrrolidinone [the TSCA inventory name] or NMP).
The EPA is reproposing a key definition that is part of the Agency’s 2012 New Source Performance Standards (NSPS) governing emissions of volatile organic compounds (VOCs) from wells drilled by the oil and gas industry.
The Nuclear Regulatory Commission (NRC) has issued a draft update of its 2007 Strategic Assessment of Low-Level Radioactive Waste Regulatory Program.
In 90 minutes of verbal sparring, eight justices of the U.S. Supreme Court aggressively questioned attorneys representing opposing sides in a case that can potentially dismantle EPA’s Mercury and Air Toxics Standard (MATS) governing fossil fuel power plants.
The U.S. Department of Energy’s (DOE) Wind and Water Power Technologies Office has released Wind Vision: A New Era for Wind Power in the United States.
Revised emissiosn control requirements for tanks top a collection of amendments the EPA has issued for the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for off-site waste and recovery operations (OSWRO).

What did you emit? This is what regulatory agencies across the country want to know. From February through June sources of air emissions are required to submit annual emissions statements or reports to the appropriate regulatory agency quantifying the pollutants they emitted during 2014.

Emphasizing that existing federal requirements governing hydraulic fracturing, or fracking, on federal and Indian lands are 30 years old, the Department of Interior’s Bureau of Land Management (BLM) has issued a set of additional regulations intended to bring the program into step with both the rapid expansion of the practice and the use of new technologies not contemplated in the older regulations.
The EPA has released assessments on animal agriculture programs in New York, Pennsylvania, and Virginia.
EPA Administrator Gina McCarthy had a strong response to Senate Majority Leader Mitch McConnell’s (R-KY) recommendation that states sit on their hands rather than answer the Agency’s expected call for state implementation plans (SIPs) to demonstrate how they will comply with the Agency’s Clean Power Plan.
In an unpublished opinion, a three-judge panel of the U.S. Court of Appeals for the 4th Circuit expanded on the meaning of significant in the significant nexus test that is central to EPA’s proposed definition of “waters of the United States.”
Congressional momentum may be building to reform the 1976 Toxic Substances Control Act (TSCA), but a new bill introduced in the Senate with eight Republican and eight Democratic sponsors still leaves some stakeholders unsatisfied.
The statutory authority of executive branch agencies to issue interpretations of rules without notice and comment was affirmed by the U.S. Supreme Court (Perez, Secretary of Labor, et al. v. Mortgage Bankers Association et al.).
The periodic opportunity has arrived for industry and the general public to offer the EPA suggestions on how it can eliminate outdated, unnecessary, and redundant regulations and improve aspects of regulations that remain in place.
Anyone who thinks President Obama is taking a hands-off approach to the Department of State’s consideration of TransCanada’s application for a Presidential Permit to build the Keystone XL pipeline across the U.S.-Canada border should read remarks the president made on the topic at a town hall meeting on March 6, 2015, at Benedict College in Columbia, South Carolina.
White Papers:
On January 1, 2015, the Obama EPA’s Cross State Air Pollution Rule (CSAPR) formally replaced the G.W. Bush EPA’s Clean Air Interstate Rule (CAIR). Both rules have the same objective—to satisfy (partially, at least) the Clean Air Act’s Good Neighbor Provision (Section 110(a)(2)(D)(i)(I)).
There are so many factors affecting the future of nuclear power in the United States that it is hard to predict what role it will occupy in the nation’s energy portfolio in 10 to 20 years.
About 10 million tons of spent foundry sands (SFS) are generated annually in the United States, and less than 30 percent of that is being recycled.
Section 8(e) of the Toxic Substances Control Act (TSCA) is a single short paragraph that has been the source of widespread confusion since TSCA became law in 1976.
Guidance Documents:
This special report offers inspection preparation tips and checklists to help you stay in compliance, avoid enforcement action, and be prepared for your next inspection day.
The goal of the revised Definition of Solid Waste rule is to reduce risk to communities, discourage mismanagement of hazardous materials, and encourage certain types of recycling. The rule is complex, but one thing is clear: ensuring compliance will require considerable work for the regulated community.
Questions & Answers:
If your spent material qualifies as a hazardous waste, the addition of spent materials to wastewater treatment may qualify for a hazardous waste exclusion under 40 CFR 261.4(b).
We are a small quantity generator. We generate waste lead dust (D008) and sent it to a recycling facility to be recycled instead of to a disposal facility. 100% is being recycled. So, as we generate this dust does it apply to the maximum allowable weight I am allowed to generate per month which is 1,000 kg or since it is being recycled and not disposed this does not apply to haz waste accumulation and storage time?
Updated Documents
Forms:
Application to apply for certain incentives under the Environmental Management System program.
Guidance Documents:
This special report offers inspection preparation tips and checklists to help you stay in compliance, avoid enforcement action, and be prepared for your next inspection day.
The goal of the revised Definition of Solid Waste rule is to reduce risk to communities, discourage mismanagement of hazardous materials, and encourage certain types of recycling. The rule is complex, but one thing is clear: ensuring compliance will require considerable work for the regulated community.
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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