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Regulatory Analysis
We are continually updating our state and national regulatory analysis to help you keep up 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:
Backed by 440 pages of comments, the National Mining Association (NMA) is urging the EPA to withdraw its proposed financial assurance requirements for the hard-rock mining (HRM) industry (January 11, 2017, FR).
The EPA has issued its annual update of EJSCREEN, which the Agency describes as “a tremendously popular tool, consistently ranking as one of EPA’s most used tools available through the Agency website.”

By Julian Moffat

On November 28, 2016, the EPA published the final Hazardous Waste Generator Improvements Rule, providing a much needed update to the Resource Conservation and Recovery Act (RCRA) hazardous waste generator regulations.

 

Three new federal requirements for pesticide worker safety take effect in January 2018. This infographic breaks down the changes and whether they will apply to you.
Three Stanford University researchers have published a study on the benefits of a California program allowing regulated sources of greenhouse gas (GHG) emissions to use forest-based carbon offsets to comply with the state’s GHG emissions reduction requirements.
As announced in its reporting and recordkeeping rule for nanomaterials (January 12, 2017, FR), the EPA has issued final guidance on specific compliance issues associated with the rule.
The EPA and the National Highway Traffic Safety Administration (NHTSA) have jointly issued a formal notice of reconsideration of and an invitation to comment on the Obama EPA’s midterm evaluation (MTE) of greenhouse gas (GHG) emissions standards for model year (MY) 2022–2025 light-duty vehicles.

The regulation of refrigeration and air-conditioning equipment is changing. The universe of regulated refrigerants is expanding, commonly used refrigerants are being phased out, and revised refrigerant regulations are being phased in. Is your facility prepared to cope with the changes in order to avoid penalties and enforcement actions?

The EPA has published a final rule establishing content requirements and deadlines for electronic data submissions that will allow the Agency to designate chemicals in the Toxic Substances Control Act’s (TSCA) Chemical Substance Inventory as either active or inactive.
The EPA has issued interim final guidance outlining the process and procedures the Agency generally intends to use to review and make determinations on state coal combustion residual (CCR) permitting programs.
In a 2 to 1 opinion, the U.S. Court of Appeals for the D.C. Circuit found that the EPA veered outside its statutory authority when it issued a rule in 2015 that ordered manufacturers to stop using hydrofluorocarbons (HFCs) in their products because the substances contributed to climate change.
A requirement to place wireless continuous monitors on containers at off-site waste and recovery operations (OSWROs) to detect leaks from pressure relief devices (PRDs) would be eliminated under an EPA proposal (August 7, 2017, FR).
EPA Administrator Scott Pruitt’s “core statutory mission” includes implementing the 2016 amendments to the Toxic Substances Control Act (TSCA) and particularly completing new chemical reviews more quickly.
White Papers:
On June 22, 2017, the EPA met its statutory obligation to issue two rules to implement provisions of the amended Toxic Substances Control Act (TSCA).
Facilities that are major sources of hazardous air pollutants (HAPs) that also receive off-site waste are subject to EPA’s National Emissions Standards for Hazardous Air Pollutants (NESHAP) for tanks, surface impoundments, and containers.
Environmental rules the Trump administration put on hold the day it took office, which are now trickling into the Federal Register, include the Effluent Limitations Guidelines and Standards for the Dental Category ((Dental ELGs), June 14, 2017, FR)).
EPA Administrator Scott Pruitt has stated that the Agency’s days of rulemaking by settling with plaintiffs who sue the Agency—a phenomenon popularly called sue and settle—are over.
Guidance Documents:
Appendix B to EPA's "How to Comply with the Worker Protection Standard for Agricultural Pesticides" manual lists the criteria required for safety training, safety trainers, and certain recordkeeping.
States may find this EPA guidance document a useful technical resource for developing and submitting a State Coal Combustion Residuals (CCR) Permit Program to EPA for approval.
This timetable will help you navigate the compliance deadlines for the 2015 federal underground storage tank (UST) requirements, as well as the 1988 requirements.
Use this BLR chart to keep track of the types of industrial stormwater permits available in each state and their expiration dates.
Forms:
Use this 30-day release detection monitoring record for your underground storage tanks (USTs) with monitoring wells, interstitial monitoring, automatic tank gauging (ATG), and continuous in-tank line detection (CITLD).
Use this daily inventory worksheet to help you with release detection for your underground storage tanks (USTs).
Use this monthly inventory record form to help you with release detection for your underground storage tanks (USTs).
This form helps underground storage tank (UST) owners and operators compile facility information in one place to assist with operations and management requirements, including tank registration and notifications.
Checklists:
These checklists will help you comply with EPA's inspection and testing requirements for spill and overfill prevention equipment.
Underground storage tank (UST) owners and operators can use this checklist when completing the periodic walkthrough inspections required by the EPA and state agencies.
Owners and operators of steel underground storage tanks (USTs) that use cathodic protection can use this checklist and sample forms to help meet operation and maintenance requirements.
These checklists will help you comply with EPA's new inspection and testing requirements for various types of release detection equipment.
These checklists will help you comply with EPA's new inspection and testing requirements for release detection equipment for piping.
This checklist will help you conduct inspections of automatic tank gauging (ATG) systems as part of EPA's new release detection inspection requirements.
This checklist will help you conduct inspections of continuous in-tank leak detection (CITLD) as part of EPA's release detection inspection requirements.
This checklist will help you evaluate your groundwater monitoring practices as part of EPA's new release detection operation and maintenance requirements.
This checklist will help you conduct inventory control and tank tightness testing as part of EPA's release detection operation and maintenance requirements.
This checklist will help you comply with EPA's line tightness testing requirements for piping.
This checklist will help you comply with EPA's inspection and testing requirements for automatic line leak detection for pressurized piping.
This checklist will help you conduct inspections of secondary containment with interstitial monitoring as part of EPA's release detection inspection requirements.
This checklist will help you evaluate your statistical inventory reconciliation (SIR) practices as part of EPA's release detection operation and maintenance requirements.
This checklist will help you evaluate your vapor monitoring practices as part of EPA's release detection operation and maintenance requirements.
One of the most important aspects of an environment, health, and safety (EHS) manager’s job is to keep track of a host of records. Documentation and recordkeeping is one of the first things agency inspectors will review, and is often the subject of enforcement actions. This checklist will help EHS managers stay in compliance with federal chemical recordkeeping requirements, but keep in mind that your state may impose additional recordkeeping requirements.
One of the most important aspects of an environment, health, and safety (EHS) manager’s job is to keep track of a host of records. Documentation and recordkeeping is one of the first things agency inspectors will review, and is often the subject of enforcement actions. This checklist will help EHS managers stay in compliance with federal underground storage tank (UST) recordkeeping requirements, but keep in mind that your state may impose additional recordkeeping requirements.
One of the most important aspects of an environment, health, and safety (EHS) manager’s job is to keep track of a host of records. Documentation and recordkeeping is one of the first things agency inspectors will review, and is often the subject of enforcement actions. This checklist will help EHS managers stay in compliance with federal waste recordkeeping requirements, but keep in mind that your state may impose additional recordkeeping requirements.
One of the most important aspects of an environment, health, and safety (EHS) manager’s job is to keep track of a host of records. Documentation and recordkeeping is one of the first things agency inspectors will review, and is often the subject of enforcement actions. This checklist will help EHS managers stay in compliance with federal water recordkeeping requirements, but keep in mind that your state may impose additional recordkeeping requirements.
One of the most important aspects of an environment, health, and safety (EHS) manager’s job is to keep track of a host of records. Documentation and recordkeeping is one of the first things agency inspectors will review, and is often the subject of enforcement actions. This checklist will help EHS managers stay in compliance with federal air quality recordkeeping requirements, but keep in mind that your state may impose additional recordkeeping requirements.
Updated Documents
Forms:
This form helps underground storage tank (UST) owners and operators compile facility information in one place to assist with operations and management requirements, including tank registration and notifications.
Use this 30-day release detection monitoring record for your underground storage tanks (USTs) with monitoring wells, interstitial monitoring, automatic tank gauging (ATG), and continuous in-tank line detection (CITLD).
Use this daily inventory worksheet to help you with release detection for your underground storage tanks (USTs).
Use this monthly inventory record form to help you with release detection for your underground storage tanks (USTs).
Guidance Documents:
Appendix B to EPA's "How to Comply with the Worker Protection Standard for Agricultural Pesticides" manual lists the criteria required for safety training, safety trainers, and certain recordkeeping.
States may find this EPA guidance document a useful technical resource for developing and submitting a State Coal Combustion Residuals (CCR) Permit Program to EPA for approval.
This timetable will help you navigate the compliance deadlines for the 2015 federal underground storage tank (UST) requirements, as well as the 1988 requirements.
Use this BLR chart to keep track of the types of industrial stormwater permits available in each state and their expiration dates.
This document provides guidance for establishing the identity of a substance, and the processes by which the substance is registered, evaluated, authorized, and restricted.
This document defines words, phrases, abbreviations, and acronyms you may encounter on this site or in some other environmental, health, and safety (EHS) context.
The EPA revised its regulations for underground storage tanks (USTs) on July 15, 2015. Most states are required to adopt the federal regulations by October 13, 2018. Use this BLR chart to help you keep track of which states have adopted the new regulations and when.
Equal standards for the manufacturing, supply and safe use of chemicals apply across the entire European Economic Area (EEA), which includes the EU Member States, Iceland, Liechtenstein and Norway. These standards apply to companies regardless of their position in the supply chain and the products they manufacture, import, export, supply or use. This document will help you identify your role in the supply chain and what you are required to do.
Owners and operators of Class II injection wells in federally regulated states should use this guidance document to comply with the underground injection control (UIC) program’s financial responsibility demonstration requirements.
This EPA fact sheet summarizes the federal (UIC) program requirements under the Safe Drinking Water Act (SDWA) for underground injection of diesel fuels in hydraulic fracturing for oil and gas extraction.
Click on the indicator on the map of the U.S. to get information on the certified electronics recycling facility in your location.
The U.S. EPA provides builders, construction teams and design practitioners with information as to how to divert C&D materials from disposal by buying used and recycled products, practicing source reduction, preserving existing structures, as well as salvaging and reusing existing materials.
Use this EPA guidance document as an overview of the compliance issues involved in online sales of pesticides.
This September 2016 EPA strategy lays out a cohesive plan to address the unique challenges faced by the retail sector in complying with RCRA regulations while reducing burden and protecting human health and the environment. In crafting this strategy, EPA recognizes that RCRA regulations, which were developed primarily for manufacturing settings, are not necessarily the best fit for the retail sector.
This 2016 EPA flowchart depicts EPA's current understanding of how unsalable consumer goods and wastes are managed in the retail sector.
Review this BLR chart to see which states have adopted the EPA's Hazardous Waste Generator Improvements Rule.
In addition to the reporting deadlines that occur on a specific calendar date, there are many regulatory programs that include reporting deadlines that are relative to a triggering event. This document is a compilation of such relative reporting deadlines and should be used in conjunction with the BLR® Environmental Compliance Calendar and your facility-specific permits.
Regulatory Analysis:
Many environmental compliance statutes have financial responsibility requirements. Generally, these rules require that certain categories of persons prove they are able to pay for damages caused by releases to the environment. In most cases, the regulations specify the minimum required amounts and allowable mechanisms for demonstrating financial responsibility. These requirements should not be confused with financial liabilities and penalties.
Under the Resource Conservation and Recovery Act (RCRA), wastes are separated into two broad categories: hazardous and nonhazardous. Hazardous wastes are regulated under Subtitle C, and nonhazardous (solid) wastes are regulated under Subtitle D. RCRA Subtitle D was designed to assist waste management officials in developing and encouraging environmentally sound methods for the disposal of nonhazardous solid waste (RCRA Section 4001). The U.S. Environmental Protection Agency (EPA) does not have enforcement authority under RCRA Subtitle D; regulation of solid waste is the responsibility of the states.
RCRA requires hazardous waste large quantity generators (LQGs) and treatment, storage, and disposal facilities (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.
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