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Regulatory Analysis
We are continually updating our state and national regulatory analysis to help you keep up with the changing regs. See the updated section on the what's new page to find all of the topics.
Recent Regulatory Activity
New Documents
Audio Presentations:
Lead is a leading cause of workplace illness. This audio presentation will train your employees to understand lead hazards, exposure, and control, respiratory protection, medical surveillance, information about chelating agents, engineering controls and work practices, and access to records and OSHA lead standard. This Lead in Construction audio presentation will train your employees on Lead Safety.
Violations cited by state and federal inspectors at hazardous waste generating facilities frequently involve improper container management. Violations include improperly closed containers, improper labeling, failure to segregate hazardous and nonhazardous waste, inadequate aisle space, waste containers being kept on-site for longer than the allowable time, and inaccurate inspection logs. Use this RCRA Training: Hazardous Waste Container Management audio presentation to train your workers on containers.
The objective of this session is to make your employees aware of security risks and what they can do to help prevent security breaches. By the end of the session, they should be able to understand the company's security policy and procedures, take personal security measures on the job and commuting to work, identify requirements for protecting computer networks and sensitive business information, and help prevent workplace theft.
The U.S. DOT requires hazmat shippers and carriers of certain hazardous materials to develop hazmat transportation security plans. The purpose of these plans is to assess transportation security risks and implement effective security measures to prevent unauthorized access to hazmat shipments. Use this Hazmat Transportation Security Plan audio presentation to train your workers on Hazmat Transportation.
Hazardous materials present serious potential threats to the public and the environment, and to national security. It is essential that hazardous materials remain under the control of trained personnel at all times, without interference by any unauthorized parties or groups. Use this HazMat Transportation Security Awareness audio presentation to train your workers on HazMat Transportation.
Preparing hazardous materials for shipment is an extremely important; one that requires employees to be knowledgeable about regulatory requirements, properties of hazardous materials, and suitability of different kinds of packaging. Use this Hazmat Transportation: Packaging Safety PowerPoint presentation to train your workers on hazardous materials transportation.
The Hazardous Materials Table identifies some 3,000 hazardous materials, listing them alphabetically by proper shipping name. The table provides employees involved in any aspect of hazmat transportation with the information necessary to complete shipping papers, mark and label hazmat packages, select appropriate placarding, and comply with other DOT requirements.
News:
In letters to EPA Administrator Gina McCarthy and Bureau of Land Management (BLM) Director Neil Kornze, the Western Governors’ Association (WGA) requested that these agencies “engage in meaningful consultation with state regulators and governors” in the development of federal rules to control emissions of methane from the oil and gas (O&G) sector.
In early May 2015, the EPA sent a draft of proposed Renewable Volume Obligations (RVO) to the U.S. Office of Management and Budget (OMB), one possible sign that a long delay in the establishment of RVOs under the statutorily mandated renewable fuel standard (RFS) may be coming to an end.
Apart from the actual new definition of “waters of the United States” (WOTUS) in the Clean Water Rule jointly issued by the EPA and the U.S. Army Corps of Engineers (agencies), there are several points the agencies are emphasizing about why the definition is necessary.
After much anticipation, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have released the final Waters of the United States (WOTUS) rule under the Clean Water Act (CWA).
EPA’s Office of Inspector General (OIG) has issued a report intended to shake up the way the Agency’s regional project officers evaluate the performance of states authorized to inspect for compliance with pesticide regulations promulgated under the Federal Insecticide, Fungicide and Rodenticide Act and particularly, the FIFRA Worker Protection Standard (WPS).
Acting under its own initiative—i.e., with no petition or lawsuit prompting it to do so—the EPA has issued a final rule that exempts 51 fragrance component substances from the requirement for tolerances required by federal pesticide laws.

Memorial Day has passed and the beginning of summer is upon us. In the world of environmental compliance this means that Toxics Release Inventory (TRI) reports are on the top of the “to-do” list.  TRI reports are due July 1, 2015.

In June 2014, President Obama issued a Presidential Memorandum directing the EPA and the U.S. Department of Agriculture (USDA) to form an Executive Branch task force to develop a national strategy on improving the health of honey bees and other pollinator species.
The future of high-volume hydraulic fracturing (HVHF) in New York State appears to be nonexistent or nearly so after the state Department of Environmental Conservation (DEC) issued its final supplemental generic environmental impact statement (SGEIS) on the practice on May 13, 2015.
In a case in which environmental groups sought to force the EPA to push aside the states and take over the setting of water quality standards, a panel from the U.S. Court of Appeals for the 5th Circuit ruled that the Agency had no obligation to do so.
Duke Energy Corporation, the nation’s largest electric utility, and three of its subsidiaries agreed to pay over $100 million in penalties as part of a massive, multipart settlement resulting from the February 2014 spill of liquid coal ash from the company’s Dan River steam station.
Massachusetts’s two Democratic senators have written to the EPA to request that any final Clean Power Plan issued by the Agency include a temporary moratorium on the use of biomass combustion as a means of complying with the requirements of the plan, which is expected to be made final this summer.
On May 12, 2015, the U.S. House voted 261 to 155 to pass a bill that would force the EPA and Army Corps of Engineers (Corps) to withdraw their current proposal to define “waters of the United States” (WOTUS) and embark on a new rulemaking under which the agencies must meet specific consultation requirements.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit found that the EPA acted arbitrarily and capriciously in 2013 when the Agency amended the National Emissions Standards for Hazardous Air Pollutants (NESHAP) and the New Source Performance Standards (NSPS) for reciprocating internal combustion engines to increase the time that backup or emergency generators covered by the rules could operate without emissions controls.
More than 7 years after spending over $2 billion to obtain leases to drill for oil and gas (O&G) in the Chukchi Sea off the northwest coast of Alaska (and spending an additional $7 billion on project development), Shell Gulf of Mexico is one step closer to beginning full-scale O&Gs production in one area of the sea.
White Papers:
The federal government regularly reminds operators of hazardous liquid and natural gas pipelines as well as emergency responders of the importance of having response plans in place before a pipeline incident occurs.
Advocates of U.S. business are emphasizing adverse economic impacts on a grand scale in their opposition to EPA’s November 2014 proposal to lower the current National Ambient Air Quality Standards (NAAQS) for ground-level ozone.
Guidance Documents:
This EPA and Army Corps of Engineers fact sheet details the key aspects of the final definitional rule for 'Waters of the U.S.' also known as the Clean Water Rule.
This Technical Support Document addresses in more detail the legal basis and the existing scientific literature in support of the significant nexus determinations underpinning the Clean Water Rule.
The agencies prepared this illustrative economic analysis to show how the scope of this new regulation compares to the historic practices under the existing regulation and to the agencies’ recent field practices in making jurisdictional determinations after the Supreme Court decisions of 2001 and 2006. This summary describes the overall approach and presents the key results from the economic analysis.
Use this chart to check your state’s TRI reporting requirements and find contact information.
This fact sheet provides guidance for persons who may be subject to the Chemical Data Reporting (CDR) rule and provides information about regulatory reporting thresholds that are applicable to the 2016 reporting period.
EPA published in the Federal Register TSCA Section 8(e) Policy Statement on March 16, 1978.
This "Reporting Guide" has been compiled by EPA's Office of Toxic Substances (OTS) to assist potential respondents who manufacture, import, process or distribute chemical substances in complying with Section 8(e).
EPA is announcing that notifications of substantial risk under section 8(e) of the Toxic Substances Control Act (TSCA) and voluntary For Your Information (FYI) submissions may now be filed electronically using EPA's electronic document submission system, the Central Data Exchange (CDX). Use of this electronic reporting option will streamline and reduce the administrative costs and burdens of submitting paper-based notifications of substantial risks and FYI submissions.
EPA is updating its list of existing chemicals for assessment under the Toxic Substances Control Act (TSCA); this is known as the TSCA Work Plan for Chemical Assessments. The changes to the TSCA Work Plan for Chemical Assessments reflect updated industry data submitted to EPA through the Toxics Release Inventory (TRI) in 2011 and the TSCA Chemical Data Reporting (CDR) requirements in 2012 on chemical releases and potential exposures.
This discussion guide is intended to be used to help structure public input during the September 2011 webinar and discussion forum addressing the prioritization factors and data sources EPA plans to use to identify priority chemicals for review and assessment under the Toxic Substances Control Act (TSCA).
This fact sheet provides guidance for people who may be subject to the Chemical Data Reporting (CDR) rule on how their requirements for reporting for 2016 may be affected when chemical substances are the subject of certain TSCA actions.
EPA developed this brochure to help UST owners and operators in Indian country comply with the federal UST regulations.
EPA is providing this information as a resource for states developing new third-party inspection programs or enhancing their existing programs.
This document provides guidance to State and EPA personnel in understanding and reviewing financial responsibility documentation used to comply with the Federal financial responsibility regulations [40 CFR Part 280, Subpart H].
This EPA fact sheet explains what you can expect during an EPA inspection including what an inspector will be looking for and what may happen afterwards
If you own a Concentrated Animal Feeding Operation (CAFO), you have probably heard about EPA's inspection and enforcement activities. These activities are part of an increased national emphasis aimed at ending harmful discharges of pollutants from CAFOs into rivers and streams. Use these tips to help prepare your CAFO for an inspection.
EPA proposes changes to pollutant analysis methods that are used by industries and municipalities to analyze the chemical, physical, and biological components of wastewater and other environmental samples that are required by regulations under the Clean Water Act.
EPA proposes specific changes to analytical test procedures that are used by industries and municipalities to analyze the chemical, physical, and biological components of wastewater and other environmental samples that are required by regulations under the Clean Water Act.
The Environmental Protection Agency is establishing Federal drinking water requirements (known as national primary drinking water regulations or (NPDWRs) for aircraft public water systems (hereafter, aircraft water systems) under the Safe drinking Water Act (SDWA).
This fact sheet helps users understand the Final Aircraft Drinking Water Rule.
This Quick Reference Guide published by the EPA helps ensure that safe and reliable drinking water is provided to aircraft passengers and crew by amending and consolidating National Primary Drinking Water Regulations for aircraft public water systems (PWSs).
This EPA Guide discusses the importance of controlling cross-connections and preventing backflow occurrences from unprotected cross-connections in the water system and is intended for owners and operators of all public water systems serving fewer than 10,000 persons.
This progress report presents the research progress made by the EPA, as of September 2012, regarding the potential impacts of hydraulic fracturing on drinking water resources; information presented as part of this report cannot be used to draw conclusions about the proposed research questions.
In this final rule of February 7, 2014, , EPA establishes new requirements to authorize the use of electronic manifests (or e-Manifests) as a means to track offsite shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste. This final rule also implements certain provisions of the Hazardous Waste Electronic Manifest Establishment Act which directs EPA to establish a national e-Manifest system and to impose reasonable user service fees as a means to fund the development and operation of the e-Manifest system
This BLR® Benchmark Report offers a state-by-state view into chemical releases for the 2013 TRI reporting year.
This letter addresses several exceptions to the Hazardous Materials Regulations, specifically the Small Quantity Exception, the Materials of Trade Exception, the Limited Quantity Exception, and the Combustible Liquid Exception in connection with the shipment of Class 3 (flammable) liquids.
This letter addresses several exceptions to the Hazardous Materials Regulations, specifically the Small Quantity Exception, the Limited Quantity Exception, and the Dangerous Goods in Equipment, Machinery, or Apparatus Exception in connection with the shipment of thermal assemblies.
Checklists:
EPA developed this sample checklist to help contractors comply with the renovation recordkeeping requirements.
Questions & Answers:
In the process of updating from MSDS to SDS at our business we found household-type products in the front office like Windex, Wipes, Lysol, etc. Are we required to have SDS of these products? What exemptions are there?
Updated Documents
Forms:
EPA application for NPDES permit to discharge stormwater associated with new and existing industrial activity.
Submission of this form is a requirement for facilities regulated by EPA who do not have any exposure of their industrial activity to stormwater.
Guidance Documents:
This EPA and Army Corps of Engineers fact sheet details the key aspects of the final definitional rule for 'Waters of the U.S.' also known as the Clean Water Rule.
This Technical Support Document addresses in more detail the legal basis and the existing scientific literature in support of the significant nexus determinations underpinning the Clean Water Rule.
The agencies prepared this illustrative economic analysis to show how the scope of this new regulation compares to the historic practices under the existing regulation and to the agencies’ recent field practices in making jurisdictional determinations after the Supreme Court decisions of 2001 and 2006. This summary describes the overall approach and presents the key results from the economic analysis.
Use this chart to check your state’s TRI reporting requirements and find contact information.
This fact sheet provides guidance for persons who may be subject to the Chemical Data Reporting (CDR) rule and provides information about regulatory reporting thresholds that are applicable to the 2016 reporting period.
EPA published in the Federal Register TSCA Section 8(e) Policy Statement on March 16, 1978.
This "Reporting Guide" has been compiled by EPA's Office of Toxic Substances (OTS) to assist potential respondents who manufacture, import, process or distribute chemical substances in complying with Section 8(e).
EPA is announcing that notifications of substantial risk under section 8(e) of the Toxic Substances Control Act (TSCA) and voluntary For Your Information (FYI) submissions may now be filed electronically using EPA's electronic document submission system, the Central Data Exchange (CDX). Use of this electronic reporting option will streamline and reduce the administrative costs and burdens of submitting paper-based notifications of substantial risks and FYI submissions.
EPA is updating its list of existing chemicals for assessment under the Toxic Substances Control Act (TSCA); this is known as the TSCA Work Plan for Chemical Assessments. The changes to the TSCA Work Plan for Chemical Assessments reflect updated industry data submitted to EPA through the Toxics Release Inventory (TRI) in 2011 and the TSCA Chemical Data Reporting (CDR) requirements in 2012 on chemical releases and potential exposures.
This discussion guide is intended to be used to help structure public input during the September 2011 webinar and discussion forum addressing the prioritization factors and data sources EPA plans to use to identify priority chemicals for review and assessment under the Toxic Substances Control Act (TSCA).
This fact sheet provides guidance for people who may be subject to the Chemical Data Reporting (CDR) rule on how their requirements for reporting for 2016 may be affected when chemical substances are the subject of certain TSCA actions.
EPA developed this brochure to help UST owners and operators in Indian country comply with the federal UST regulations.
EPA is providing this information as a resource for states developing new third-party inspection programs or enhancing their existing programs.
This document provides guidance to State and EPA personnel in understanding and reviewing financial responsibility documentation used to comply with the Federal financial responsibility regulations [40 CFR Part 280, Subpart H].
This EPA fact sheet explains what you can expect during an EPA inspection including what an inspector will be looking for and what may happen afterwards
If you own a Concentrated Animal Feeding Operation (CAFO), you have probably heard about EPA's inspection and enforcement activities. These activities are part of an increased national emphasis aimed at ending harmful discharges of pollutants from CAFOs into rivers and streams. Use these tips to help prepare your CAFO for an inspection.
EPA proposes changes to pollutant analysis methods that are used by industries and municipalities to analyze the chemical, physical, and biological components of wastewater and other environmental samples that are required by regulations under the Clean Water Act.
EPA proposes specific changes to analytical test procedures that are used by industries and municipalities to analyze the chemical, physical, and biological components of wastewater and other environmental samples that are required by regulations under the Clean Water Act.
The Environmental Protection Agency is establishing Federal drinking water requirements (known as national primary drinking water regulations or (NPDWRs) for aircraft public water systems (hereafter, aircraft water systems) under the Safe drinking Water Act (SDWA).
This fact sheet helps users understand the Final Aircraft Drinking Water Rule.
This Quick Reference Guide published by the EPA helps ensure that safe and reliable drinking water is provided to aircraft passengers and crew by amending and consolidating National Primary Drinking Water Regulations for aircraft public water systems (PWSs).
This EPA Guide discusses the importance of controlling cross-connections and preventing backflow occurrences from unprotected cross-connections in the water system and is intended for owners and operators of all public water systems serving fewer than 10,000 persons.
This progress report presents the research progress made by the EPA, as of September 2012, regarding the potential impacts of hydraulic fracturing on drinking water resources; information presented as part of this report cannot be used to draw conclusions about the proposed research questions.
In this final rule of February 7, 2014, , EPA establishes new requirements to authorize the use of electronic manifests (or e-Manifests) as a means to track offsite shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste. This final rule also implements certain provisions of the Hazardous Waste Electronic Manifest Establishment Act which directs EPA to establish a national e-Manifest system and to impose reasonable user service fees as a means to fund the development and operation of the e-Manifest system
This BLR® Benchmark Report offers a state-by-state view into chemical releases for the 2013 TRI reporting year.
This letter addresses several exceptions to the Hazardous Materials Regulations, specifically the Small Quantity Exception, the Materials of Trade Exception, the Limited Quantity Exception, and the Combustible Liquid Exception in connection with the shipment of Class 3 (flammable) liquids.
This letter addresses several exceptions to the Hazardous Materials Regulations, specifically the Small Quantity Exception, the Limited Quantity Exception, and the Dangerous Goods in Equipment, Machinery, or Apparatus Exception in connection with the shipment of thermal assemblies.
This fact sheet explains impacts of the Water Resources Reform and Development Act (WRRDA) of 2014, as signed by the President on June 10, 2014, on the SPCC rule and farms. In addition, EPA anticipates revising the SPCC rule consistent with the WRRDA amendments through a future rulemaking.
The  purpose  of  this  EPA  guidance  manual  is  to  discuss  how  a  person  can  perform  waste analyses  and  develop  waste  analysis  plans  (WAPs)  in  accordance  with  the  federal hazardous waste regulations.  The  federal  hazardous  waste  regulations  are codified  at 40 CFR Parts 260 through 279. The primary audiences for this manual are hazardous waste generators  and owner/operators of  treatment, storage, and disposal  facilities (TSDFs).
This DOT letter provides clarification of the Hazardous Material Regulations as they apply to a flammable liquid (unleaded gasoline) contained in absorbent material used to clean surface spill, used fuel filters, and used hoses from retail gasoline outlets.
EPA's Analysis of Hydraulic Fracturing Fluid Data from the FracFocus Chemical Disclosure Registry 1.0 summarizes chemical and water use data from more than 38,000 oil and gas production wells hydraulically fractured between January 1, 2011, and February 28, 2013, and looks at how chemical and water use vary in different locations across the country.
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.
Regulatory Analysis:
Waste management requirements include leak detection standards as a safeguard to preventing spills, releases, and contamination. In general, leak detection rules require that a leak detection device be installed on a storage or disposal unit. Leak detection should be part of the overall system design. The specific leak detection system standards vary, depending on the type of unit or facility. Leak detection requirements can be related to both liquid discharges and air emissions.
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.
Lead is a naturally occurring bluish-gray metal found in small amounts in the earth's crust. It has no characteristic taste or smell. Metallic lead does not dissolve in water and does not burn. Lead can combine with other chemicals to form what are usually known as lead salts. Some natural and manufactured substances contain lead, but do not look like lead in its metallic form.
Under the Clean Water Act (CWA), the U.S. Environmental Protection Agency (EPA) requires that regulated oil storage facilities develop and implement oil Spill Prevention, Control, and Countermeasure (SPCC) plans. In addition to the CWA requirements, the federal Oil Pollution Act of 1990 (OPA) requires that facilities detail and implement spill prevention and control measures in their plans.
Chlorofluorocarbon (CFC) management encompasses the regulation of all ozone-depleting substances (ODSs) that break down the stratospheric ozone layer through the reaction of chlorine and bromine with ozone. Sources of chlorine and bromine are both natural and man-made.
Although climate change remains a topic surrounded by controversy and debate that is zealously supported on both sides, actions are being taken that necessitate businesses evaluate their overall GHG management strategy. Regardless of whether you are a believer or nonbeliever in the climate change issue, regulations are being developed and implemented to monitor and control GHG emissions, and those taking note of these actions will be able to remain in compliance with any applicable requirements and avoid enforcement actions from regulatory authorities.
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