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What's New on Enviro.BLR.com
Enviro.BLR.com'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 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:
An attempt by the EPA to render a fair judgment to a company that had waited an inordinate amount of time for an air permit was nullified by the U.S. Court of Appeals for the 9th Circuit (Sierra Club, et al. v. EPA).
The EPA is proposing regulatory amendments to reduce the burdens state, local, and tribal governments must shoulder when monitoring criteria air pollutants for compliance with the National Ambient Air Quality Standards (NAAQS).

Activities in waters of the United States within the boundaries of and off the coasts of the six New England states will soon be authorized under Army Corps of Engineers (Corps) regional general permits.
For farmers and other private property owners, EPA’s proposed definition of waters of the United States is no less troubling than the Agency’s proposal to regulate greenhouse gas (GHG) emissions from existing fossil fuel power plants is for the coal industry.
In two related actions, the Nuclear Regulatory Commission (NRC) has established a more secure foundation for the storage of spent nuclear fuel at nuclear power plants.
Does particulate matter (PM) in the air emissions of diesel locomotives, which settles on the land, constitute a solid waste under the Resource Conservation and Recovery Act (RCRA)? Or is the PM strictly an air pollutant regulated under the Clean Air Act (CAA) and outside the jurisdiction of RCRA?
The battle is heating up between groups of states over EPA’s proposed GHG standards for new/modified and existing power plants.
Under a court-approved settlement, the EPA has reinstated buffer zones to protect Pacific salmon and steelhead from the application of five popular pesticides in California, Oregon, and Washington State.
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a lengthy proposal that seeks to harmonize its hazardous materials regulations (HMRs) with changes in international regulations and standards.

The National Pollution Discharge Elimination System (NPDES) program is complex and far-reaching, with a variety of permitting requirements. NPDES permittees are subject to facility inspections by their regulating authority. Knowing what inspectors are looking for and what violations they most often find, is essential to a successful inspection.
In its ongoing Work Plan for 83 existing chemicals, the EPA has released new risk assessments for three chemicals following the initial risk assessment for trichloroethylene it issued in June 2014.
In a draft guidance document, the Council on Environmental Quality (CEQ) goes into significant detail to explain the function of programmatic environmental reviews conducted under the National Environmental Policy Act (NEPA).
Fourteen areas of the country comprising 39 counties, all but 5 in California, Ohio, and Pennsylvania, have been initially identified by the EPA as in nonattainment with the 2012 primary annual (NAAQS) for fine particulate matter 2.5 (PM-2.5).
The first facility in the nation that will manufacture commercial quantities of cellulosic ethanol from corn wastes, or stover, opened for business on September 3, 2014.
Formaldehyde, a chemical no less essential to the housing construction business than plywood, has been confirmed to be a known human carcinogen by the National Research Council (NRC).
In a case in which CTS Corporation challenged an EPA's decision to place a site on the CERCLA national priorities list (NPL), the U.S. Court of Appeals for the D.C. Circuit made it clear that such challenges must be backed by impeccable technical evidence and also adhere to procedural rules.
A final rule by the EPA that lowers the National Ambient Air Quality Standard (NAAQS) for ozone from the current 75 parts per billion (ppb) to 60 ppb could result in a loss of $53 billion in gross product for the state of Louisiana from 2017 to 2040 in addition to 117,000 lost jobs and $189 billion in total compliance costs.
White Papers:
The Chemical Substance Inventory (Inventory) the EPA has amassed under authority of Section 8(b) of the Toxic Substances Control Act (TSCA) is the federal government's most extensive list of chemicals and categories of chemicals manufactured (a term that includes imported chemicals) or processed in the United States.
Companies interested in manufacturing, distributing, or selling devices to control pests will need to be clear on several distinctions the EPA makes between pesticides and pesticide devices and how each is regulated.
Guidance Documents:
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.
Checklists:
Owners and operators of regulated appliances/refrigeration equipment may use this checklist to determine if required records are being maintained.
Updated Documents
Forms:
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:
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:
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.
Boilers are a common source of air pollutants that are used at a wide variety of facilities, such as power plants, manufacturing facilities, refineries, mining facilities, hospitals, schools, hotels, and laundries. Boilers burn natural gas, coal, wood, oil, or other fuel to produce steam, which is used to produce electricity or provide heat. The combustion of fuels results in emissions of numerous pollutants, such as nitrogen oxides (NOx), sulfur dioxide (SO2), carbon monoxide (CO), particulate matter, and various hazardous air pollutants (HAPs), including dioxins and furans, hydrochloric acid, and mercury.
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