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What's New on's What's New page is where you will find all of the most recent content added and updated to the site in the last 7 days. See the latest reg activity, updated regulatory analysis, training meetings, and news.
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
Industry and other stakeholders will be closely following any plans by the EPA to take the Clean Air Act’s Risk Management Program (RMP) in new directions based on a request for information (RFI) the Agency published this summer.
On September 19, 2014, about 1,350 large and small facilities were required to be in compliance with revised total chromium emissions limits the EPA issued September 19, 2012.
The transportation of waste material that came into contact with the Ebola virus quickly became a priority issue at the DOT's PHMSA, which has published guidance material in several locations for any entity that is transporting such waste or may be required to do so.
In a new report commissioned by the U.S. Department of Agriculture (USDA), two researchers say that around the world, over $400 billion worth of conventional manufacturing products are produced each year using biomass.

At the recent Air and Waste Management Association - New England Section's fall conference, Massachusetts DEP Commissioner David Cash spoke of the state's dramatic progress on the clean energy front and drivers of clean energy going forward.
The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has been accumulating evidence that operators of gas and hazardous liquid pipelines are falling short of their regulatory obligation to use meaningful performance metrics when evaluating their integrity management (IM) programs.
On the heels of a congressional letter asking that the EPA limit the use of neonicotinoid pesticides, the Agency has issued a memo presenting evidence that neonicotinoids provide virtually no pest control when used as seed treatments for soybean crops.
Given that stopping or even slowing climate change is a task that is probably beyond the current collective abilities and will of the international community, there is increasing emphasis on the next best thing—preparing better for the impacts from a changing climate.
Given that the federal government is moving toward a new definition of waters of the United States (WOTUS), it is also important to provide direction on identifying the ordinary high water mark (OHWM) for the types of streams in the United States.
The EPA has made a preliminary determination that a national primary drinking water regulation (NPDWR) is needed for strontium.
The EPA has launched a voluntary program to promote the use of technologies that reduce pesticide spray drift.
The Department of Energy (DOE) has released a recovery plan for its Waste Isolation Pilot Plant (WIPP) following two accidents in February 2014 that resulted in the suspension of disposal of radioactive waste at the facility.

At this year’s Water Environment Federation Technical Exhibition and Conference (WEFTEC) in New Orleans, Ken Kopocis, deputy assistant administrator in the U.S. Environmental Protection Agency’s (EPA) Office of Water, presented at the conference’s annual Clean Water Policy Update session. Kopocis was the keynote for the event and presented what he considers EPA’s priorities for water in the upcoming year.
In a complex case addressing challenges two companies lodged against an EPA order to remediate PCB pollution in the Lower Fox River and Green Bay in Wisconsin, the U.S. Court of Appeals for the 7th Circuit generally affirmed rulings by a district court that found in favor of the government (U.S. v. Glatfelter and NCR).
The Obama administration is still trying to sell its 4-year $302 billion transportation authorization proposal to both the American public and Congress.
White Papers:
Assembling a list of chemicals most common in general manufacturing in the United States is a relatively straightforward exercise that can rely on several approaches.
Just as the Department of Transportation’s PHMSA has taken measures to increase the safety of rail shipments of flammable crude oil, the U.S. GAO has come out with a report that claims that PHMSA has not followed through on its announced intention to address emerging safety concerns regarding gathering pipelines.
Decommissioning nuclear power plants is a complex, lengthy, and extraordinarily costly series of steps overseen by the NRC, which joins the nuclear energy industry itself in describing the process as adequately responsive to environmental and public safety issues raised by stakeholders. But the stakeholders themselves are not so sure.
Chemical Accident Prevention: General Duty Compliance Checklist
This checklist can be used by brownfields grantees to help address changing climate concerns in a Brownfields Area-Wide Planning Project.
Questions & Answers:
Are lab chemicals reportable under Tier II? And if you have and EHS on-site above the reportable trigger, do you have to aggregate lab chems such as sulfuric acid?
An EHS chemical, Sulfuric Acid, exceeds 500 pounds. Therefore aggregation of Sulfuric Acid containing compounds is required in TRI reporting. In that aggregation, are lab chemicals included or exempted?
Regarding the Reduction of Lead in Drinking Water Act: In the FAQ guidance from EPA, I cannot find any mention of water meters. Are they exempt?
We had a TCLP run to determine if a product met the 0.5 mg/l threshold for Benzene (D018). The detectable limit for Benzene in the SW846-8260B test is 1.1 mg/L. Is there a another test that can be ran that will detect benzene at 0.5 mg/L?
Please help me translate the federal rule regarding an "Onsite Consolidation facility."
Updated Documents
Withdrawal form for facilities that do not have more than a threshold quantity of any extremely hazardous substance listed at 40 CFR 68.130 other than propane (or another listed flammable substance).
Guidance Documents:
Guidance for PM2.5 Permit Modeling: This document recommends procedures for permit applicants and permitting authorities to use to show that they have satisfied the criteria for obtaining or issuing a permit.
U.S. Supreme Court Decision: Utility Air Regulatory Group v. EPA
EPA Memo: Next Steps and Preliminary Views on the Application of CAA Permitting Programs to GHGs Following the Supreme Court's Decision in Utility Air Regulatory Group v. EPA
Use this EPA flowchart to determine your refrigerant leak repair requirements.
The Environmental Impact Statement (EIS) Database provides information about EISs prepared by federal agencies, as well as EPA's comments concerning the EISs.
Executive Order (EO) 13650 - Improving Chemical Facility Safety and Security was issued by President Obama on August 1, 2013, to enhance the safety and security of chemical facilities and reduce risks associated with hazardous chemicals to owners and operators, workers, and communities. The E.O. established a Chemical Facility Safety and Security Working Group to oversee this effort. This report summarizes the Working Group's progress, focusing on actions to date, findings and lessons learned, challenges, and priority next steps.
President Obama issued E.O. 13650 with the goal of enhancing the safety and security of chemical facilities and reducing the risks of hazardous chemicals to owners and operators, workers, and communities.
Get your self ready for a hurricane or a flood from other events. This guide will help you prevent impacts due to buoyancy (tank floating), erosion and scour (backfill being damaged), product displacement (water in, forcing fuel out) and, electrical system damage.
Applicability of Program Levels; Chapter 2 of General Guidance on Risk Management Programs for Chemical Accident Provisions (EPA 555-B-04-001)
Management System; Chapter 5 of General Guidance on Risk Management Programs for Chemical Accident Provisions (EPA 555-B-04-001)
Prevention Program (Program 2); Chapter 6 of General Guidance on Risk Management Programs for Chemical Accident Provisions (EPA 555-B-04-001)
Prevention Program (Program 3); Chapter 7 of General Guidance on Risk Management Programs for Chemical Accident Provisions (EPA 555-B-04-001)
This is chapter 1 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 2 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 4 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 7 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
The EPA is issuing and interim advisory to raise awareness of the design and construction codes and standards applicable to natural gas processing plants that store and process liquefied petroleum natural gas.
This advisory, jointly issued by EPA, OSHA, and ATF, contains information on accidents involving ammonium nitrate (AN), the hazards of AN, how to manage the hazards, and appropriate steps for community emergency planning and proper emergency response.
This document provides a simple method for facilities to screen for chemical reactivity hazards and identify where such hazards are likely to occur. Identifying Chemical Reactivity Hazards: Preliminary Screening Method (EPA-550-F-04-004)
Regulatory Analysis:
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.
"Brownfields" is the commonly known term for abandoned and idle properties often found in poor urban communities that are, or are thought to be, contaminated with chemical wastes from manufacturing processes. The Environmental Protection Agency (EPA) has established a Brownfields Program designed to empower states, communities, and other stakeholders in economic redevelopment to work together to assess, safely clean up, and sustainably reuse brownfields
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.
The National Pollutant Discharge Elimination System (NPDES) permit program was established under the Clean Water Act (CWA) and regulates discharges of pollutants from point sources (pipe, ditch, well, etc.) to U.S. waters. Under NPDES, all facilities that discharge pollutants from any point source into waters of the United States are required to obtain a permit. The permit provides two levels of control: technology-based limits (based on the ability of dischargers in the same industrial category to treat wastewater) and water-quality-based limits (if technology-based limits are not sufficient to provide protection of the water body).
Employers must provide personal protective equipment (PPE) and training to each employee who is or may be exposed to physical or health hazards in the workplace when engineering and administrative controls cannot feasibly or effectively reduce exposures to safe levels. The PPE must be designed to effectively protect employees from absorption, inhalation, or physical contact with chemical, physical, mechanical, or other workplace hazards. Employers must conduct a hazard assessment to determine if PPE should be used to protect their workers. It is up to the employer to assess the hazards and to select proper equipment.
The 1990 Clean Air Act Amendments (CAAA) added new operating permit requirements in Title V that changed the way America's industries handle environmental regulations. The purpose of Title V is to reduce violations of air pollution laws at major sources and improve enforcement of those laws.
Biomonitoring is the term used to describe a broad category of monitoring methods used to test the toxicity of the wastestream flowing from wastewater treatment plants, streams, rivers, and other surface water. States are responsible for providing the water quality standards that individual discharges under authority of the Clean Water Act (CWA) (33 USC 1251 to 1387) must meet.
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.
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.
The 1977 Clean Air Act Amendments (CAAA) expanded a federal air quality permitting program called New Source Review (NSR) to clean up and maintain air quality across the country. Each state must include air quality permitting requirements that meet the standards of the federal NSR program in their state implementation plans (SIPs) to attain or maintain the National Ambient Air Quality Standards (NAAQS).
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.
Thermal effluents are regulated because heat is defined as a pollutant under Clean Water Act (CWA) Section 502(6). The U.S. Environmental Protection Agency (EPA) defines thermal pollution as discharges of heated water from industrial processes that have the potential to alter the growth and existence of aquatic organisms. Therefore, a water quality standard exists for temperature and it is applied to all regulated discharges to waters of the United States. A facility may be authorized to discharge pollutants into U.S. waters by obtaining a National Pollutant Discharge Elimination System (NPDES) permit.
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.
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