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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:
Methane, the major component of natural gas, is a key component of the Texas economy. This has prompted interest in the state in a recently released study by researchers at the University of Texas at Austin, who found that hydraulic fracturing has little impact on methane in drinking water wells in the Fort Worth area.
Today, the U.S. Department of State (DOS) and TransCanada Corporation jointly announced that DOS has issued a Presidential Permit, which gives the company federal approval to construct, connect, operate, and maintain the Keystone XL pipeline.
Six U.S. senators—five Democrats and Bernie Sanders, an Independent—want to know how EPA Administrator Scott Pruitt is handling “the apparent conflict of interest” regarding EPA’s reconsideration of its Clean Water Rule (CWR) and Pruitt’s participation in a legal suit challenging the CWR.
The EPA continues to respond to requests for reimbursements from entities involved in remediating the Gold King Mine release, which occurred near Silverton, Colorado, on August 5, 2015.

The new Hazardous Waste Generator Improvements Rule has made some changes to the requirements for satellite accumulation areas. Do you know what they are?

The midterm evaluation (MTE) of greenhouse gas (GHG) emissions limits for cars and light-duty trucks, which President Obama’s EPA released 16 months before the deadline for doing so, will be reconsidered by President Trump’s EPA.
In a final rule published in the Federal Register (FR) without opportunity for public comment, the EPA has delayed the effective date of 5 final rules that had been originally scheduled to become effective in February and March 2017.
Regarding the human contribution to climate change, the National Oceanic and Atmospheric Administration (NOAA) does not appear to be on the same page with Scott Pruitt, EPA’s new administrator.
In its Budget Blueprint to Make America Great Again (Blueprint),the Trump administration’s preview of its full fiscal year 2018 budget request to Congress, the EPA’s funding would be cut by $2.6 billion, or 31 percent, the largest proposed reduction for any federal agency.
The House Committee on Science, Space, and Technology has approved two bills that would modify aspects of how science is conducted at the EPA.
On March 13, 2017, the EPA Administrator Scott Pruitt signed an administrative stay to delay the effective date of the Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act (RMP rule) published in the Federal Register on January 13, 2017.
On this episode of EHS on Tap, we discuss the future of OSHA’s recordkeeping requirements and the antiretaliation provision under OSHA's workplace injuries and illnesses rule with Tressi Cordaro, a partner in the Washington, D.C. region office of Jackson Lewis PC.
Thirty-three environmental and public advocacy groups from around the country have presented EPA Administrator Scott Pruitt with a petition requesting that the Agency thoroughly revise its national concentrated animal feeding operation (CAFO) regulations to ensure that pollution from CAFOs does not impair water quality. 
White Papers:
Critics and defenders of strong federal regulatory programs, particularly those imposed on business and industry, have been working overtime to fine-tune their respective arguments and data as the Trump administration endeavors to make good on its promise to relieve the economy of what he calls “job-killing regulations.”
As President Trump’s administration begins the process of rescinding or modifying the Clean Water Rule (CWR) promulgated by the administration of President Obama, the U.S. Supreme Court’s already historic decision in Rapanos v. United States (Rapanos, decided June 19, 2006) acquires even greater significance.
Guidance Documents:
This regulatory impact assessment prepared for the EPA presents EPA's analysis of the costs, benefits, and economic impact of the final Hazardous Waste Generator Improvements Rule.
Use this table to find the regulatory location of continuing and new regulations for hazardous waste generators as revised by the 2016 Hazardous Waste Generator Improvements Rule (effective May 30, 2017).
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
Forms:
This link provides access to EPA's 2017 Construction General Permit, along with all accompanying appendices, including the Notice of Intent and the Notice of Termination.
Updated Documents
Forms:
This link provides access to EPA's 2017 Construction General Permit, along with all accompanying appendices, including the Notice of Intent and the Notice of Termination.
Operators of construction sites where one or more acres are disturbed, smaller sites that are part of a larger common plan of development or sale where there is a cumulative disturbance of at least one acre, or any other site specifically designated by the Director, must submit an NOT to terminate coverage under the Construction General Permit.
Guidance Documents:
This regulatory impact assessment prepared for the EPA presents EPA's analysis of the costs, benefits, and economic impact of the final Hazardous Waste Generator Improvements Rule.
Use this table to find the regulatory location of continuing and new regulations for hazardous waste generators as revised by the 2016 Hazardous Waste Generator Improvements Rule (effective May 30, 2017).
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
This guidance document is the Enviro.BLR.com national regulatory analysis for this topic that is in effect until May 30, 2017, when the Hazardous Waste Generator Improvements Rule becomes effective. For those states that have not yet revised their regulations to reflect the 2017 federal changes, this document serves the purpose of describing the federal requirements that remain in effect until the state revises its regulations.
Use this chart to check your state’s air emissions inventory reporting requirements and find contact information.
Review this table to see if your state requires an annual report, quarterly report, or monthly report in addition to the Biennial Report.
Use this chart to check your state's Tier II reporting requirements and find contact information.
This flowchart describes the process for importing RCRA hazardous waste under the revised 2016 regulations.
This flowchart describes the process for exporting RCRA hazardous waste under the revised 2016 regulations.
A site operator must provide certification to the EPA or to the permitting state that the construction activity will take place during a period when the value of the rainfall erosivity factor is less than 5. To determine a rainfall erosivity factor, see chapter 2 of this guidance document.
Large construction sites in Mississippi must have coverage under the large construction general permit or an individual permit.
This 2017 general permit covers stormwater discharges from construction activities.
This is a four-year research strategy designed to meet the following objectives: improve water utilities’ abilities to prepare for and respond to incidents that threaten public health; and advance EPA’s capabilities to respond to wide-area contamination
Review this list of the most common hazardous waste container violations to make sure you're in compliance.
Published in 2013, this guidance document covers the nature of petroleum, site assessment at tank closure, inspection equipment, field observations and analysis, planning and decision-making, and site closure.
This Federal Register corrects minor transcription errors in the notice at 61 Federal Register 28642 (6/5/96) that announced the availability of the NRT’s Integrated Contingency Plan Guidance (‘‘one plan’’), intended to be used by facilities to prepare emergency response plans.
Use this chart to determine whether you are a large quantity generator (LQG), small quantity generator (SQG), or very small quantity generator (VSQG) of hazardous waste under the 2016 Hazardous Waste Generator Improvements Rule (effective May 30, 2017). The chart sets forth the quantities of acute hazardous waste, non-acute hazardous waste, and residues from a cleanup of acute hazardous waste which must be considered in determining each class of hazardous waste generator.
These guidance documents address the export of cathode ray tubes, as revised by the EPA's Hazardous Waste Export-Import Revisions final rule, effective December 31, 2016.
These EPA questions and answers concerning the regulation of cathode ray tubes (CRTs) and CRT glass.
Regulatory Analysis:

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) goes into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The “Critical 2017 Hazardous Waste Generator Information” in this national topic provides essential guidance on the currently applicable state regulations.

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) goes into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The “Critical 2017 Hazardous Waste Generator Information” in this national topic provides essential guidance on the currently applicable state regulations.

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) goes into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The “Critical 2017 Hazardous Waste Generator Information” in this national topic provides essential guidance on the currently applicable state regulations.

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) goes into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The “Critical 2017 Hazardous Waste Generator Information” in this national topic provides essential guidance on the currently applicable state regulations.

Required by both the Department of Transportation (DOT) and the U.S. Environmental Protection Agency (EPA), a hazardous waste manifest is the shipping paper for hazardous waste. The paper manifest travels with the hazardous waste from the point of generation, through transportation, to the final treatment, storage, and disposal facility (TSDF). Each party in the chain of shipping, including the generator, signs and keeps a manifest copy, creating a "cradle to grave" tracking of the hazardous waste. Hazardous waste shipments offered for transportation by a generator and shipped to a TSDF may, alternatively, be tracked with an electronic manifest.

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) goes into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The “Critical 2017 Hazardous Waste Generator Information” in this national topic provides essential guidance on the currently applicable state regulations.

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) goes into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The “Critical 2017 Hazardous Waste Generator Information” in this national topic provides essential guidance on the currently applicable state regulations.

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) goes into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Changes to the BLR federal regulatory analysis for this topic and others affected by the New Rule have been made and are online now. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. See “Critical 2017/2018 Hazardous Waste Generator Information” in this national topic to see more state information.

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) goes into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The “Critical 2017 Hazardous Waste Generator Information” in this national topic provides essential guidance on the currently applicable state regulations.

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) goes into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The “Critical 2017 Hazardous Waste Generator Information” in this national topic provides essential guidance on the currently applicable state regulations.

Responsibility for the various actions that make up the U.S. Environmental Protection Agency (EPA) enforcement program is divided among different offices, EPA regions, and state agencies.
The CWA is the main federal law in the United States that addresses water pollution, and includes the National Discharge Elimination System (NPDES), which grants federal permits to operations that discharge to the waters of the United States, and Section 404, which enables the Army Corps of Engineers (Corps) to grant permits for certain activities within waterways and wetlands.
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.
When stormwater drains from a construction site, it carries sediment and other pollutants that harm lakes, streams, and wetlands. Controlling erosion from construction sites can significantly reduce the amount of sedimentation and other pollutants transported by stormwater runoff associated with construction activities. The U.S. Environmental Protection Agency (EPA) regulates stormwater discharges associated with construction activities through either the issuance of an individual permit or the Construction General Permit (CGP) in states where permitting authority has not been delegated. Most states are authorized to implement the stormwater NPDES permitting program.
Pretreatment standards are derived from a variety of sources. The Clean Water Act (CWA) requires the U.S. Environmental Protection Agency (EPA) to promulgate pretreatment standards and requirements with the purpose of reducing the level of pollutants discharged by industry and other nondomestic wastewater sources into municipal storm sewer systems. The EPA has established general and specific prohibited discharge standards that are applicable to all nondomestic users and categorical general pretreatment regulations that require publicly owned treatment works (POTWs) to develop local limits when necessary to implement the prohibited discharge standards. Limits may be met by industrial sources through pollution prevention techniques (product substitution, recycling, and reuse of materials), best management practices, or treatment of the wastewater. States and POTWs have the option of establishing more stringent requirements.
Polluted stormwater runoff is commonly transported through municipal separate storm sewer systems (MS4s), from which it is often discharged untreated into local water bodies. To prevent such pollution, many MS4s, which are publicly owned or operated stormwater conveyance systems (including municipally owned storm sewer systems, systems operated by universities, local sewer districts, hospitals, military bases, prisons, etc.), are required to obtain coverage under a stormwater permit.
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