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Regulatory Analysis
We are continually updating our state and national regulatory analysis to help you keep up-to-date 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:


In only a few weeks you'll need to file your 2019 Hazardous Waste Report (aka the Biennial Report). Have you gathered the necessary records? Do you know the common mistakes made? Are you familiar with changes to the report forms? This article reviews the steps you can take to ensure a smooth path to the March 1 deadline.
In their just-released final rule, the EPA and Army Corps of Engineers (EPA/Corps) provide a definition of the Clean Water Act (CWA) term Waters of the United States (WOTUS) that, the agencies say, is based in the commerce clause of the Constitution.
Does your facility need to submit a Tier II report? This infographic provides essential information to help you get started with that determination, along with some useful tips for preparing and submitting a Tier II report.
In a 5-to-4 decision, the Supreme Court of Washington State upheld a ruling by a lower court that found that the state’s Department of Ecology (Ecology) exceeded its statutory authority by promulgating a regulation that imposed greenhouse gas (GHG) emissions standards on indirect emitters of those gases.
In a petition that captured the public’s attention when it was filed 5 years ago, 21 plaintiffs, aged 7 to 19, asked a U.S. District Court to order the federal government to “phase out fossil fuel emissions and draw down excess atmospheric CO2 so as to stabilize the climate system.” In a 2-to-1 opinion, the 9th Circuit panel “reluctantly” remanded the case to the District Court with instructions to dismiss for lack of Article III standing.
By a vote of 247 to 159, the House passed the PFAS Action Act of 2019 (H.R. 535). The bill would amend five environmental statutes by requiring that the EPA take actions to regulate per- and polyfluoroalkyl substances (PFAS) and particularly perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), the two most commonly studied PFAS.
White Papers:
In February 2019, the EPA issued a final rule establishing a new set of regulations for the management of hazardous waste pharmaceuticals generated by healthcare facilities. In this article, we provide a list of requirements and other considerations that should be helpful to healthcare facilities manifesting under Subpart P.
Guidance Documents:
The 2020 EHS Salary Guide will help you evaluate how your compensation compares to others with similar titles in your location and nationwide. In addition, EHS managers can use the information to keep their departments competitive and efficient—an easy way to guarantee you are paying the right amount to retain hard-to-fill positions but not overpaying on others.
Does your facility need to file a Hazardous Waste Biennial Report? This infographic helps you decide and provides useful tips for preparing and submitting a Biennial Report.
This EPA document "Change Log for Instructions" supersedes all other documents related to "RCRA Subtitle C Instructions and Forms" which consolidates the instructions and forms for the Notification of RCRA Subtitle C Activities (Site Identification Form), Hazardous Waste Report (i.e. Biennial Report), and the RCRA Hazardous Waste Part A Permit Application. This document highlights the changes from the previous instructions and forms and is intended to help you prepare the Site Identification Form, the Biennial Report, and the Part A Permit Application.
This EPA guidance document describes the file specifications for reporting data for the Hazardous Waste Report (i.e. the Biennial Report) specifically for use with the RCRAInfo Industry Application Biennial Report. The material in this guidance document covers submissions by regulated sites to your regulator (State or EPA Region).
Updated Documents
The 2020 EHS Salary Guide will help you evaluate how your compensation compares to others with similar titles in your location and nationwide. In addition, EHS managers can use the information to keep their departments competitive and efficient—an easy way to guarantee you are paying the right amount to retain hard-to-fill positions but not overpaying on others.
Does your facility need to file a Hazardous Waste Biennial Report? This infographic helps you decide and provides useful tips for preparing and submitting a Biennial Report.
This EPA document "Change Log for Instructions" supersedes all other documents related to "RCRA Subtitle C Instructions and Forms" which consolidates the instructions and forms for the Notification of RCRA Subtitle C Activities (Site Identification Form), Hazardous Waste Report (i.e. Biennial Report), and the RCRA Hazardous Waste Part A Permit Application. This document highlights the changes from the previous instructions and forms and is intended to help you prepare the Site Identification Form, the Biennial Report, and the Part A Permit Application.
This EPA guidance document describes the file specifications for reporting data for the Hazardous Waste Report (i.e. the Biennial Report) specifically for use with the RCRAInfo Industry Application Biennial Report. The material in this guidance document covers submissions by regulated sites to your regulator (State or EPA Region).
The EPA has finalized its reconsideration of the 2017 Risk Management Program (RMP) Amendments. This Fact Sheet summarizes which of the 2017 amendments were retined and which were rescinded. The final rule is intended to promote better emergency planning and public information about accidents and help reduce significant accidents involving chemicals regulatedunder the RMP rule.
Regulatory Analysis:
The Resource Conservation and Recovery Act (RCRA) requires hazardous waste large quantity generators (LQGs) and 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.
In 1986, Congress began its overall hazardous release program by passing the Emergency Planning and Community Right-to-Know Act (EPCRA) as part of the Superfund Amendments and Reauthorization Act. EPCRA requires facilities to report on the extremely hazardous chemicals used at the facility and notify state or local planning agencies if a release occurs. This provides the community and local emergency response agencies with information needed for the proper planning of an emergency release at that facility.
In the past, the regulatory burden associated with managing certain widely generated hazardous wastes (e.g., batteries, pesticides, and thermostats) discouraged facilities, particularly smaller facilities, from recycling these wastes. In order to encourage the collection and recycling of these wastes and to decrease the practice of their disposal in municipal solid waste landfills (MSWLFs), the U.S. Environmental Protection Agency (EPA) developed a set of streamlined regulations to manage the hazardous wastes it deemed "universal wastes."
The RCRA used oil management standards found at 40 CFR 279 serve as a road map to guide used oil handlers (generators, transporters, burners, marketers, processors, and rerefiners) through the various storage, recordkeeping, and cleanup procedures that work together to ensure that used oil is handled safely.
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