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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
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Audio Presentations:
This training session will discuss what causes a fire, what fire extinguishers do, how to use an extinguisher, and different fire suppressant materials.
Following receipt and analysis of an amended application to register the pesticide active ingredient sulfoxaflor, the EPA has lifted the ban on sale and distribution of this product.
The EPA was more than 6 months late in exercising its emergency authority under Section 1431 of the Safe Drinking Water Act (SDWA) to mitigate the drinking water crisis in Flint, Michigan.
A U.S. district court judge in West Virginia has ordered the EPA to meet the requirement in Section 321(a) of the Clean Air Act (CAA), which states that the Agency “shall conduct continuing evaluations of potential shifts in employment” and “threatened plant closures and reductions in employment” resulting from “administration or enforcement” of the Act.
Samsung’s troublesome Galaxy Note7 smartphone has been banned from transport in aircraft in the United States by the Department of Transportation (DOT), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Federal Aviation Administration (FAA).
In its final report on a chemical spill that compromised the drinking water for 300,000 people near Charleston, West Virginia, in January 2014, the U.S. Chemical Safety Board (CSB) says the failed aboveground storage tank (AST) had not been inspected for 10 years before the incident.
On this episode of EHS on Tap, OSHA’s new recordkeeping rule—what’s in store for drug testing and employer retaliation, we address the Occupational Health and Safety Administration’s recent rulemaking on reporting injuries in the workplace and how work-related injuries can trigger drug testing and employer retaliation.
Under the existing 1987 Montreal Protocol (Protocol), to which the United States is a Party, 197 countries—by some estimates, every country in the world—agreed on October 15, 2016, in Kigali, Rwanda, to follow a plan to reduce emissions of hydrofluorocarbons (HFCs) to the atmosphere.
Thanks to a combination of milder temperatures, a steep decrease in the combustion of coal, a slight decrease in the combustion of natural gas, and a strong rise in use of renewable resources, the first 6 months of 2015 had the lowest level of carbon dioxide (CO2) emissions from United States energy sectors than in any identical period since 1991.
Industry and many states are asking the U.S. Supreme Court to decide a critical jurisdictional matter related to the Clean Water Rule ((CWR), June 29, 2015, Federal Register (FR) promulgated by the EPA and the U.S. Army Corps of Engineers (Corps).
The new section 6(h) of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which greatly expanded the reach of the Toxic Substances Control Act (TSCA), requires that within 3 years of the June 22, 2016, date of enactment, the EPA must propose rules to reduce risks (by reducing exposure) to chemicals in commerce, which are persistent, bioaccumulative, and toxic (PBT).
The staff of the Republican majority of the Senate Environment and Public Works Committee (EPW) has issued a report refuting assurances by the EPA and the U.S. Army Corps of Engineers (Corps) that their rule defining waters of the United States ((WOTUS); June 29, 2015, FR) will maintain existing regulatory exemptions.
On this episode of EHS on Tap, we speak with Joe MacDougald, a Professor in Residence on the faculty of the UConn Law School and the Executive Director of the Center for Energy and Environmental Law about the D.C. Circuit Court’s en banc review of the Environmental Protection Agency’s most ambitious regulatory initiative and a centerpiece of the Obama Administration’s climate change policy—the Clean Power Plan.

After severe flooding or a storm like Hurricane Matthew, UST owners and operators must evaluate their tanks before putting them back into operation. These evaluation steps are practical measures intended to prevent subsequent accidental releases, ensure safety, and protect public health and the environment.

Six downwind northeastern states in the Ozone Transport Region (OTR) have filed suit in federal court asking that the EPA be ordered to take action on a December 2013 request that nine upwind states be added to the OTR.
The United Nations’ International Civil Aviation Organization (ICAO) announced agreement on a global market-based measure (GMBM) to control carbon dioxide (CO2) emissions from aviation.
The EPA and the Department of Defense (DOD) have proposed “Phase II Batch 2” performance standards for 11 types of discharges from U.S. military vessels subject to the Clean Water Act’s (CWA) Uniform National Discharge Standards (UNDS).

The smallest class of hazardous waste generator, CESQGs (or VSQGs under the new generator rule), has limited RCRA requirements to follow. But don't overlook current universal waste rules and those from DOT and states that can affect these generators too.

White Papers:
On September 3, 2016, in Hangzhou, China, President Obama entered the U.S. “instrument of acceptance” of the December 2015, international Paris Agreement to address climate change.
Reforms of the Toxic Substances Control Act (TSCA) included in the Frank R. Lautenberg Chemical Safety for the 21st Century Act include Section 8(b)(4), which requires chemical manufacturers—and, possibly, processors—to inform the EPA about chemicals they have produced or processed for a nonexempt commercial purpose during a 10-year period ending the day before enactment of the reform legislation.
In a proposal, the EPA is seeking to codify procedures for “any person” who submits a petition requesting that the Agency object to a Clean Air Act (CAA) Title V permit. Such objections are authorized in CAA Section 505(b)(2), and EPA’s existing “implementing” regulations at 40 CFR 70.8(d) essentially just repeat the single paragraph comprising the section.
Guidance Documents:
Use this fact sheet to help understand the proposed changes in the 2017 construction stormwater permit due out February 2017.
The 2012 construction stormwater permit expires February 2017. The EPA has proposed the 2017 construction stormwater permit to replace it.
Updated Documents
Guidance Documents:
The 2012 construction stormwater permit expires February 2017. The EPA has proposed the 2017 construction stormwater permit to replace it.
Use this fact sheet to help understand the proposed changes in the 2017 construction stormwater permit due out February 2017.
Mandatory GHG Reporting Rule: Petroleum and Natural Gas Systems Offshore Information Sheet
This Bulletin publishes answers to frequently asked questions regarding the new 2016 National Preparedness for Response Exercise Program (NPREP) guidelines as they pertain to Salvage and Marine Fire Fighting (SMFF) exercises and Government Initiated Unannounced Exercises (GIUEs).
This EPA guide will help those who use solvents in the workplace understand the RCRA hazardous waste rules, improve your understanding of the hazardous waste regulations associated with solvents, characterize and determine if your waste solvents are classified as hazardous wastes, and answer commonly asked questions about solvents.
Regulatory Analysis:
Responsibility for the various actions that make up the EPA enforcement program is divided among different offices, EPA regions, and state agencies. Headquarters is primarily responsible for setting national policy, investigating and pursuing some national cases, participating in cases raising nationally significant issues, monitoring regional and state activities, and providing technical support. The regions generally take primary responsibility for performing inspections, issuing administrative orders, preparing civil actions, monitoring compliance with administrative and judicial orders, and providing support to DOJ for ongoing lawsuits. In many cases, states have primary enforcement responsibility, although certain statutory programs cannot be authorized (e.g., the OPA program under Section 311 of the CWA). Even though states may take an enforcement action, if a state fails to take action, does not obtain acceptable results, or requests assistance, EPA may become involved.
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.
Many federal environmental, safety, and transportation rules contain requirements to train employees to protect themselves, the public, or the environment from workplace hazards. A few requirements are very prescriptive (e.g., detailed steps to certification), but most are "performance-based" in that they set qualitative goals (e.g., effective, lead to understanding, demonstrate proficiency) that allow the employer to determine the best way to achieve the desired outcome.
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.
Technological advances have created a dependence on electronic products both at home and in the workplace. As a result, the wastestream of used electronics waste is growing rapidly throughout the United States and the world. Electronic equipment, such as television screens, computers, DVD players, copying machines, circuit boards, batteries, cathode ray tubes, tablets and cell phones, can contain hazardous materials such as lead, mercury, cadmium, and hexavalent chromium.
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.
The Toxic Substances Control Act (TSCA) was enacted to address the increasing problems of toxic substances. Through the provisions of TSCA, the EPA can collect or require the development of information about the toxicity of particular chemicals and the extent to which people and the environment are exposed to them. Such information allows the EPA to assess whether the chemicals pose unreasonable risks to humans and the environment. TSCA provides the basis for EPA's New and Existing Chemicals programs and the basis for national programs for major chemicals of concern, such as asbestos, lead, mercury, and radon, and the foundation for other TSCA programs, such as addressing environmental issues in schools, including energy efficiency under TSCA Title V.
The U.S. Environmental Protection Agency (EPA) rules define a stormwater discharge associated with industrial activity as "the discharge from any conveyance ... used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant.
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