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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
After over 5 years of development, the EPA is ready to launch the e-Manifest system on June 30th. But what does it all mean for generators and transporters of hazardous waste?
The EPA has issued what it calls “narrow” amendments to two provisions of the Agency’s 2016 Clean Air Act New Source Performance Standards (NSPS) for the oil and natural gas (O&G) sector (June 3, 2016, FR).
The 2016 amendments to the Toxic Substances Control Act (TSCA) expanded access to chemical confidential business information (CBI) that businesses are required by law to provide to the EPA.
A U.S. District Court Judge has ordered the EPA to complete all designations under the 2015 National Ambient Air Quality Standards (NAAQS) for ozone according to a fixed schedule.
In a much anticipated development, the EPA is proposing to add aerosol cans to the federal universal waste program. If finalized, the addition would simplify waste handling for many sectors and provide particular relief to the retail sector, which currently must manage at least some of the vast population of aerosol cans under the full RCRA Subtitle C hazardous waste regulations.
In early February 2018, the EPA released its environmental enforcement results for 2017. The data revealed shifts in emphasis, the number of civil and criminal actions initiated, and how the EPA views its own enforcement role in relation to enforcement undertaken by the states.
The many new tasks the EPA was assigned in the 2016 Toxic Substances Control Act (TSCA) reform legislation include development of a strategic plan to promote the reduction and eventual replacement of testing on vertebrate animals when manufacturers are required by TSCA to use testing to determine the risks posed by their chemicals.
The EPA has issued the first of two proposals that together will lessen the stringency of the Obama administration’s 2015 rule governing the disposal of coal combustion residuals (CCRs) generated by electric utilities.
White Papers:
EPA Administrator Scott Pruitt has been working to loosen up the Agency’s New Source Review (NSR) process. In the latest action, Pruitt has issued a memo that gives more weight to projected emissions decreases in what is known as Step 1 of the NSR.
Updated Documents
This link provides access to forms and guidance documents related to EPA's Superfund requirements.
This link provides access to the forms needed to apply for and comply with the federal 2015 Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity.
Guidance Documents:
As part of a Tier II inventory report, you must designate the hazard category associated with each hazardous chemical by choosing from among 13 possible physical hazards and 11 possible health hazards.
Use this chart to check your state's Tier II reporting requirements and find contact information.
The EPA answers questions concerning this final rule (effective June 26, 2018) including those regarding what the rule does, who it affects, and its benefits.
Review these Q and A's from the EPA concerning the January 3, 2018 Final Rule "Hazardous Waste Management System; User Fees for the Electronic Hazardous Waste Manifest System and Amendments to Manifest Regulations."
The EPA prepared the Wastewater Response Protocol Toolbox (WWRPTB) to assist utilities, government agencies, and emergency responders in protecting wastewater systems from contamination events.
Regulatory Analysis:
Liquid solutions that exhibit the hazardous characteristic of corrosivity are a common type of hazardous waste that many industries generate. These corrosive wastes could be many things, including industrial cleansers, the by-products of chemical reactions, spent catalysts, or sludges from wastewater treatment systems. Neutralization is a chemical process used on corrosive hazardous waste to reduce the level of a waste's corrosivity. The neutralization procedure involves adjusting the pH level of the corrosive waste (with no other hazardous characteristics) to a pH between 5.5 and 9.5. The purpose is to alter the corrosive characteristic of the waste so that it no longer is hazardous and can be disposed of or treated as nonhazardous.
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.
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.
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.
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.
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