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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
News:
In a letter to registrants of pesticide products that endanger bees and other pollinators, EPA’s Office of Chemical Safety and Pollution Prevention wrote that it will likely not approve most applications for new uses of these chemicals until new bee data have been submitted and pollinator risk assessments are complete.
In an unusual case, the majority in a three-judge panel of the U.S. Court of Appeals for the 11th Circuit approved a request by the U.S. Army Corps of Engineers (Corps) to allow the Corps to reconsider the environmental impact of its own nationwide permit (NWP) 21, a general permit that allows surface coal mine operators to discharge dredged or fill materials into regulated streams.
EPA’s draft environmental justice (EJ) framework covering 2015 to 2020 contains little that is new and instead reiterates existing goals and the Agency’s intention to continue pursuing them.
Whether and how to regulate unencapsulated coal combustion residuals (CCR) that are beneficially used is one of many issues of importance to industry and communities located near coal-fired power plants.
To ensure that more renovators will benefit from an upcoming rule that replaces the requirement for hands-on refresher training with online refresher training for recertification under the federal lead Renovation, Repair, and Painting Rule (RRP), the EPA has issued a final rule that extends existing certifications.
The “enhancement” of requirements affecting blowout preventers (BOPs) tops the lengthy list of significant changes the Department of Interior’s Bureau of Safety and Environmental Enforcement (BSEE) is proposing for offshore oil and gas (O&G) operations.
In light of the U.S. Supreme Court’s June 2014 ruling in Utility Air Regulatory Group v. EPA, the U.S. Court of Appeals for the D.C. Circuit has amended its own June 2012 judgment that upheld every aspect of several significant EPA rules affecting emissions of greenhouse gases (GHGs) from major stationary sources.
The EPA has submitted a proposed consent decree to the U.S. Court of Appeals for the D.C. Circuit, which would compel the Agency to meet deadlines for setting the federal renewable fuel standards (RFSs) for 2014 and 2015.
The U.S. Department of Energy (DOE) has relaunched its Advanced Technology Vehicles Manufacturing (ATVM) loan program with a conditional commitment of $259 million to Alcoa Inc.’s development of high-strength aluminum to be used in the manufacture of lighter-weight vehicles in North America.
Less than 1 percent of pipeline accidents occur at river crossings, but the consequences of petroleum and other hazardous liquids spilling into rivers can be far more problematic than spills that occur on land.

The environmental compliance world is constantly changing, but perhaps the most significant compliance modification to date is on the horizon. The U.S. Environmental Protection Agency (EPA) has unveiled an integrated plan to propel environmental compliance and enforcement into the 21st century.

Thanks to legislation passed in late 2014, qualifying renewable energy projects will benefit from federal tax breaks for another year.
White Papers:
The U.S. Department of Agriculture’s (USDA) National Organic Program (NOP) is moving in steps toward developing a complete policy regarding nanomaterials in organic food products and production.
A decision to challenge EPA allegations that Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous waste regulations have been violated should be made cautiously.
The EPA has issued revised New Source Performance Standards (NSPS) for residential wood-burning heaters, one of the lesser-known sources of significant air pollution that has a strong direct impact on human health.
Guidance Documents:
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.
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.
Checklists:
After severe weather hits, USTs may be affected by flooding or float out of their original sites. Weather events have the potential to affect how quickly USTs regain operation and service. Do not assume everything is okay with your tank. As an owner or operator you should always be prepared. The following simple practices will help maximize your effectiveness at returning your UST back to service after a weather event.
Severe weather such as heavy rains, flash flooding, and tornado season are here. Is your UST in an area vulnerable to spring weather events? Or in a flood-prone area? Weather events have the potential to affect UST operation, safety, and environmental compliance. As an owner or operator, you should always be prepared for severe weather events and know what to do before and after such an event. The following simple checklist will help minimize damage to your UST and bring it safely back into service.
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:
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.
Application to apply for certain incentives under the Environmental Management System program.
Guidance Documents:
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.
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.
Regulatory Analysis:
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.
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.
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