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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
New Documents
Audio Presentations:
This audio training presentation will help you prepare for any SPCC-related EPA inspection.
This audio training presentation describes the skills you need to properly inspect oil tanks.
News:
With a new proposal, the EPA is seeking to introduce regulatory reforms intended to smooth over conflicts that have developed in the Agency’s relationship with states submitting state implementation plans (SIPs) to improve visibility in federal Class I areas as specified by Section 169A of the Clean Air Act (CAA).
The EPA has filed a petition with the U.S. Court of Appeals for the D.C. Circuit to either remand without vacatur or remand with vacatur certain provisions in the Agency’s final rule governing the management and disposal of coal combustion residuals (CCRs) from electric utilities (CCR rule, April 17, 2015, FR).

Last week, the National Institute for Storage Tank Management (NISTM) held the 18th International Aboveground Storage Tank Conference and Trade Show in Orlando, Florida.

The three judges in the U.S. Court of Appeals for the 6th Circuit who are fielding challenges to the federal Clean Water Rule (CWR) (Murray Energy Corp. et al. v. EPA/U.S. Army Corps of Engineers) got one step closer to actually ruling on the merits of the case when they turned down the many plaintiffs requesting that their February 2016 ruling on jurisdiction be reheard by the full (en banc) 6th Circuit.
The Department of the Interior’s (DOI) Bureau of Land Management (BLM) is providing no accounting of the climate-related impacts of livestock grazing on U.S. public lands, Public Employees for Environmental Responsibility (PEER) alleged in letters to the DOI and the White House Council on Environmental Quality (CEQ).
Senators from both parties came together to pass the Energy Policy Modernization Act of 2016 (S. 2012) by a vote of 85 to 12.
The Department of the Interior’s (DOI) Bureau of Ocean Energy Management (BOEM) has proposed extensive revisions to its program for regulating emissions of air pollutants from oil, gas, and sulfur operations on the Outer Continental Shelf (OCS), specifically the central and western Gulf of Mexico and the area offshore the North Slope of Alaska.
EPA’s 21st annual Inventory of U.S. Greenhouse Gas Emissions and Sinks (Inventory) presents a national overview of annual greenhouse gas (GHG) emissions from 1990 to 2014, the most recent year for which complete data were available when the inventory was assembled.
Following the April 2010 Deepwater Horizon disaster in the Gulf Coast, the Department of the Interior (DOI) bureau in charge of issuing and enforcing environmental and safety regulations acted relatively quickly to release its drilling safety rule (August 2012).

It has been 3 years since the ammonium nitrate explosion in West, Texas, killed 15 people, injured hundreds, and caused widespread damage. Just a few months after that event, President Obama’s Executive Order 13650 set into motion actions by numerous government agencies designed to enhance the safety and security of chemical facilities and reduce the risks that hazardous chemicals pose to owners and operators, workers, and communities. To that end, the EPA recently proposed amendments to its Risk Management Program (RMP), and OSHA has made policy changes with respect to its Process Safety Management (PSM) Program that will impact how facilities comply with the RMP.

In one of his last authored opinions on environmental law, the late Justice Antonin Scalia expressed the will of a 5–4 Supreme Court majority in Michigan v. EPA (No. 14–46 June 29, 2015) when he wrote that the EPA had erred when it determined that it was appropriate and necessary under Section 112 of the Clean Air Act (CAA) to promulgate its Mercury and Air Toxics Standards (MATS) without consideration of cost.
EPA’s oversight of the federal program that regulates underground injection of wastes from oil and gas (O&G) production is not sufficient to ensure that the main goal of the program—to protect underground sources of drinking water—is being achieved, according to a new report from the U.S. Government Accountability Office (GAO).
White Papers:
The legal challenges to the Clean Power Plan (CPP) can be headlined as an epic confrontation over who should control the future of which fuels should be used to generate electric power—the EPA or the states. The battle is rooted in Clean Air Act (CAA) Section 111(d), a little-used provision never interpreted by the courts, which the Agency has cited as the statutory foundation of the CPP.
The U.S. Government Accountability Office (GAO) has issued a blistering report faulting multiple critical functions performed by the Department of the Interior’s (DOI) Bureau of Safety and Environmental Enforcement (BSEE).
Detection of elevated levels of lead in the drinking water of Flint, Michigan, in spring 2014 exploded into political warfare with accusations and counteraccusations of such intensity that it was easy to lose sight of the regulatory issues at the core of the problem. 
Guidance Documents:
Staying in compliance with environmental regulations is an ongoing, and, at times, daunting task. Occasionally, things may slip through the cracks and expose your facility to potential enforcement actions by the EPA or state regulatory agency. This report will evaluate the pros and cons of conducting an environmental compliance audit, explain the criteria by which an audit should be conducted, and review the process for disclosing, via EPA’s online “e-disclosure” tool, any violations discovered during the course of an environmental compliance audit.
This document is an overview of the requirements of OSHA's Construction Industry Asbestos Standard. You must consult the standard for the specifics of the requirements for each class.
One of the most tedious parts of an EHS manager's job is keeping track of numerous records. This special report is a compilation of recordkeeping checklists designed to keep the EHS manager organized. This report covers a wide range of EHS topics including: air, asbestos, chemicals, electrical safety, HAZWOPER, lead, waste, water, and more.
The purpose of this EPA memorandum is to establish EPA policy on the effect of OSHA's reinterpretation of the retail exemption under the Process Safety Management (PSM) standard.
Forms:
As of December 12, 2015, MCS-150 forms can ONLY be used to update an existing US DOT number, not for initial registration with Federal Motor Carrier Safety Administration. First-time applicants must use the Unified Registration System (URS). This form can be used until September 30, 2016 at which point it will be replaced by the URS.
The GHS, including SDSs, has been implemented in many countries throughout the world, including Canada, the European Union, China, Australia, and Japan. Although the 16-section format is standardized, there are some slight variations in the headers. The biggest variation is that the SDSs need to be translated into the language of the user.
Is there a single resource, which list by State, whether a licensed contractor is required to remove mold?
Updated Documents
Forms:
As of December 12, 2015, MCS-150 forms can ONLY be used to update an existing US DOT number, not for initial registration with Federal Motor Carrier Safety Administration. First-time applicants must use the Unified Registration System (URS). This form can be used until September 30, 2016 at which point it will be replaced by the URS.
Guidance Documents:
Staying in compliance with environmental regulations is an ongoing, and, at times, daunting task. Occasionally, things may slip through the cracks and expose your facility to potential enforcement actions by the EPA or state regulatory agency. This report will evaluate the pros and cons of conducting an environmental compliance audit, explain the criteria by which an audit should be conducted, and review the process for disclosing, via EPA’s online “e-disclosure” tool, any violations discovered during the course of an environmental compliance audit.
This document is an overview of the requirements of OSHA's Construction Industry Asbestos Standard. You must consult the standard for the specifics of the requirements for each class.
One of the most tedious parts of an EHS manager's job is keeping track of numerous records. This special report is a compilation of recordkeeping checklists designed to keep the EHS manager organized. This report covers a wide range of EHS topics including: air, asbestos, chemicals, electrical safety, HAZWOPER, lead, waste, water, and more.
The purpose of this EPA memorandum is to establish EPA policy on the effect of OSHA's reinterpretation of the retail exemption under the Process Safety Management (PSM) standard.
How do I manage solvent-contaminate wipes or rags? Can a cell phone be used to meet the communication device requirement for LQG 90-day storage areas? These, and 18 other questions from hazardous waste generators are answered in this special report.
This EPA fact sheet highlights 2015 amendments to the Aerospace MACT standard.
Beginning on April 1, 2016, all public water systems must follow the federal revised total coliform rule. Use this quick reference guidance documents for compliance help.
This is the Table of Contents for EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is the Introduction of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 3 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 5 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 6 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 8 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 9 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 10 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is chapter 11 of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
These are Appendices A and B of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is Appendix C of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
This is Appendix D of EPA's Risk Management Program guidance for warehouses. Risk Management Program Guidance for Warehouses (EPA-550-B-00-009)
UST system owners and operators should refer to this comprehensive inspection checklist as guidance when conducting daily, monthly, and annual inspections.
You have chemical mixtures at your facility. Do they need to be included on your Tier II report? This guidance document will help you determine your Tier II reporting obligations for the chemical mixtures present at your facility.
Regulatory Analysis:
Drinking water in the United States is regulated under the Safe Drinking Water Act (SDWA), which is designed to protect drinking water quality and covers both surface and groundwaters that have the potential to be used as drinking water sources. The U.S. Environmental Protection Agency (EPA) has the authority to establish and update specific standards for drinking water quality and is supported by the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA). The EPA has established specific federal limits, referred to as primary standards, for over 80 compounds that have a known or suspected potential to create health-related impacts. The EPA has also established secondary standards for nuisance-related contaminants; these standards are typically implemented voluntarily or through state rules.
Lead is a naturally occurring bluish-gray metal found in small amounts in the earth's crust. It has no characteristic taste or smell. Metallic lead does not dissolve in water and does not burn. Lead can combine with other chemicals to form what are usually known as lead salts. Some natural and manufactured substances contain lead, but do not look like lead in its metallic form.
This topic provides an overview of the reporting requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA Title III). EPCRA requires regulated facilities that manufacture, use, or store certain amounts of hazardous chemicals to develop and implement emergency plans, report chemical inventories, and notify authorities in the event of a toxic release.
This topic provides an overview of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which is the major statute regulating pesticides. This topic also summarizes other federal environmental laws that regulate pesticides, such as the Clean Air Act, the Clean Water Act, and the Safe Drinking Water Act.
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.
The U.S. Department of Transportation (DOT), through its hazardous material regulations (HMRs), specifies requirements for the safe transportation of hazardous materials in commerce by rail, aircraft, vessel, and motor vehicle. DOT has general requirements for the loading, unloading, handling, and storage of explosives and hazardous materials as well as specific modal requirements. This section outlines DOT's requirements for hazardous materials transporters over roads and highways.
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.
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