Log in to view your state's edition
You are not logged in
State:
Recent Updates Sent to Your Inbox
Latest What's New E-mail
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
News:

States around the country are adopting land bank programs as a new approach to brownfields remediation and redevelopment. This article explores why land banks are so attractive to both governments and private businesses and tells you what you need to know to stay on top of this hot topic.

The EPA and the U.S. Army Corps of Engineers (agencies) have initiated what they describe as a “two-step process” that will result in a revised definition of the Clean Water Act (CWA) term waters of the United States (WOTUS). The first step is a proposed rule that would rescind the Obama administration’s WOTUS definition and re-codify the regulations that existed before that definition was issued.
In a direct final rule, the EPA is indefinitely allowing Portland cement manufacturing facilities to use an alternative method to demonstrate compliance with the hydrogen chloride (HCl) emissions limit in the Agency’s National Emissions Standards for Hazardous Air Pollutants (NESHAP, February 12, 2013, Federal Register (FR)) for the sector.
Congress is discussing a bill that would allow the year-round retail sale of E15 (an 85 percent gasoline/15 percent ethanol blend). 
Energy giants BP, ExxonMobil, and Shell along with GM and with seven other prominent corporations have endorsed the Climate Leadership Council’s carbon dividends program, which would operate undera “gradually increasing carbon tax.”
The case against EPA’s effort to freeze the Agency’s June 2016 New Source Performance Standards (NSPS) imposing air pollution controls the oil and natural gas (O&G) industry expanded when the attorneys general (AGs) of 14 states and the city of Chicago filed a motion to intervene on behalf of the plaintiffs, five environmental groups.
While receiving less attention in the news than the administration’s proposed 31 percent cut to EPA’s 2018 budget, the proposed cut of $1.8 billion (13 percent) for the Department of Interior (DOI) significantly restructures DOI’s top priorities.
The reach of supplemental environmental projects (SEPs), a 40-year old EPA policy used in enforcement settlements, has been truncated under a recent memo issued by U.S. Attorney General Jeff Sessions.
In a direct final rule, the EPA is allowing the use of an updated nongovernmental consensus standard to meet the All Appropriate Inquiries (AAI) requirement applicable to purchases of forestland and rural property.
Operation of the Dakota Access Pipeline (DAPL) hit a potential roadblock when a federal district judge ruled that the Army Corps of Engineers (Corps) had approved the project without adequately considering the rights of the Sioux tribe living on the Standing Rock Reservation, which spans the North Dakota/South Dakota border near Lake Oahe.
At a hearing of the House Committee on Appropriations, EPA Administrator Scott Pruitt was asked repeatedly how the Agency could meet its obligations to protect human health and the environment in 2018 under the $2.3 billion (31 percent) cut the administration has proposed.
The EPA is moving to stay for up to 2 years requirements to meet provisions of its June 2016 New Source Performance Standards (NSPS) for the oil and natural gas (O&G) industry.
In his continuing effort to bring Department of the Interior (DOI) policies into step with President Donald Trump’s Executive Order on U.S. energy independence, Interior Secretary Ryan Zinke has issued another secretarial order of his own, this one to initiate reviews of federal and state plans affecting conservation of the greater sage-grouse.
In a final rule, the EPA has delayed by 20 months its January 13, 2017, amendments to the Clean Air Act’s (CAA) Risk Management Program (RMP).
White Papers:
There may be no precedent for the current level of divisiveness over federal environmental laws and regulations. But within this storm there are several islands of bipartisanship that suggest it is possible to design programs that achieve that elusive balance between environmental protection and economic growth.
Guidance Documents:
Owners and operators of Class II injection wells in federally regulated states should use this guidance document to comply with the underground injection control (UIC) program’s financial responsibility demonstration requirements.
This EPA fact sheet summarizes the federal (UIC) program requirements under the Safe Drinking Water Act (SDWA) for underground injection of diesel fuels in hydraulic fracturing for oil and gas extraction.
Click on the indicator on the map of the U.S. to get information on the certified electronics recycling facility in your location.
The U.S. EPA provides builders, construction teams and design practitioners with information as to how to divert C&D materials from disposal by buying used and recycled products, practicing source reduction, preserving existing structures, as well as salvaging and reusing existing materials.
Use this EPA guidance document as an overview of the compliance issues involved in online sales of pesticides.
This September 2016 EPA strategy lays out a cohesive plan to address the unique challenges faced by the retail sector in complying with RCRA regulations while reducing burden and protecting human health and the environment. In crafting this strategy, EPA recognizes that RCRA regulations, which were developed primarily for manufacturing settings, are not necessarily the best fit for the retail sector.
This 2016 EPA flowchart depicts EPA's current understanding of how unsalable consumer goods and wastes are managed in the retail sector.
Checklists:
Use this checklist to check whether your new application for a special permit or your application for modification of your special permit is complete.
Updated Documents
Guidance Documents:
Owners and operators of Class II injection wells in federally regulated states should use this guidance document to comply with the underground injection control (UIC) program’s financial responsibility demonstration requirements.
This EPA fact sheet summarizes the federal (UIC) program requirements under the Safe Drinking Water Act (SDWA) for underground injection of diesel fuels in hydraulic fracturing for oil and gas extraction.
Click on the indicator on the map of the U.S. to get information on the certified electronics recycling facility in your location.
The U.S. EPA provides builders, construction teams and design practitioners with information as to how to divert C&D materials from disposal by buying used and recycled products, practicing source reduction, preserving existing structures, as well as salvaging and reusing existing materials.
Use this EPA guidance document as an overview of the compliance issues involved in online sales of pesticides.
This September 2016 EPA strategy lays out a cohesive plan to address the unique challenges faced by the retail sector in complying with RCRA regulations while reducing burden and protecting human health and the environment. In crafting this strategy, EPA recognizes that RCRA regulations, which were developed primarily for manufacturing settings, are not necessarily the best fit for the retail sector.
This 2016 EPA flowchart depicts EPA's current understanding of how unsalable consumer goods and wastes are managed in the retail sector.
Review this BLR chart to see which states have adopted the EPA's Hazardous Waste Generator Improvements Rule.
In addition to the reporting deadlines that occur on a specific calendar date, there are many regulatory programs that include reporting deadlines that are relative to a triggering event. This document is a compilation of such relative reporting deadlines and should be used in conjunction with the BLR® Environmental Compliance Calendar and your facility-specific permits.
Use this BLR recreation of the hazmat segregation table found at 49 CFR 177.848 to determine whether there are Department of Transportation restrictions that limit or prevent your consolidation in a highway shipment of hazmats with different hazard classes or divisions.
Use this BLR recreation of the hazmat segregation table found at 49 CFR 177.848 to determine whether there are DOT restrictions that limit or prevent your consolidation in a highway shipment of hazmats with different hazard classes or divisions. The highlighting is our addition to give you an example of how to compare the compatibility of two hazmats and to show you that in this particular example no segregation restrictions apply.
The purpose of this document is to provide guidance for complying with provisions applicable to the transport by air of lithium batteries as set out in the 58th edition of the IATA Dangerous Goods Regulations. Specifically the document provides information on: • Definitions; • Classification (including classification flowcharts); • Prohibitions; • Restrictions; • Frequently Asked Questions • Additional Information • Abbreviations, Acronyms, Symbols
This BLR table can be used to see if your state manages universal wastes that are in addition to those managed under the federal universal waste rule.
Regulatory Analysis:
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 (solid) 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). The U.S. Environmental Protection Agency (EPA) does not have enforcement authority under RCRA Subtitle D; regulation of solid waste is the responsibility of the states.
RCRA requires hazardous waste large quantity generators (LQGs) and treatment, storage, and disposal facilities (TSDFs) to report every 2 years on the quantities, type, and management method of hazardous wastes generated on-site and hazardous wastes received from off-site sources. Referred to by the EPA as the Hazardous Waste Report (EPA Form 8700-13 A/B), and by those in the environmental management field as the Biennial Report, the report must be submitted by March 1 of every even-numbered year with information of the facility's hazardous waste activities during the previous odd-numbered calendar year. Some states require generators and TSDFs to submit an annual hazardous waste report in addition to, or in lieu of, the federal biennial report. Many of the state regulatory agencies will use these annual reports to complete a facility's federal biennial report that the agency then sends to the EPA in order to fulfill the federal requirement.
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.

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 2017/2018 Hazardous Waste Generator Information in this national topic provides essential guidance on the currently applicable state regulations.

The regulation of wetlands in the United States involves a variety of regulatory schemes, including the Section 404 regulation for the discharge of dredged or fill material into waters of the United States under the Clean Water Act (CWA). In general, activities including placement of fill material, excavation, levee construction, land clearing or leveling, as well as road and dam construction projects, all require a wetlands permit under the CWA. For every authorized discharge under a wetlands permit, the adverse impacts to wetlands, streams, and other aquatic resources must be avoided and minimized to the extent practicable. For unavoidable impacts, compensatory mitigation is required to replace the loss of wetland and aquatic resource functions in the watershed.
Added in the last 7 days
Updated in the last 14 days

Environmental Quick Links

 
eco
Codie
 
 
• Respirable crystalline silica
• Occupational Exposure to Beryllium
• Electronic recordkeeping
• Walking-working surfaces