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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:
As the Supreme Court directed in National Association of Manufacturers v. Department of Defense, challenges to the EPA’s Clean Water Rule or waters of the United States (WOTUS) must be filed in federal district courts rather than in courts of appeal.
The EPA proposed to revise portions of the Obama EPA’s 2016 New Source Performance Standards (NSPS) to save the oil and gas (O&G) industry up to $484 million in compliance costs for the period 2019 to 2025 while over the same period allow 380,000 short tons of additional methane emissions to be released when compared to the levels that would have resulted from the 2016 NSPS.
In a proposal, the EPA states that existing emissions limits for hazardous air pollutants generated by three industry sectors engaged in coating operations sufficiently protect people from the risk of cancer.
In a recent speech at U.N. headquarters, the United Nations (U.N.) Secretary-General António Guterres stated that despite the commitments of almost all the nations of the world under the historic Paris Climate Accord, and other positive developments, the earth is losing its battle with climate change.

With several states’ deadlines for discharge monitoring reports (DMRs) looming, it’s a good time of year to get back to basics and evaluate whether your industrial facility is prepared to meet its stormwater monitoring requirements. Have you done enough?

White Papers:
In September 2017, the EPA’s Office of Enforcement and Compliance Assurance (OECA) and the Environmental Council of the States (ECOS) kicked off a work group to find ways “to improve the state-federal relationship in the context of compliance assurance.”
This summer saw three important actions in the EPA’s implementation of the Clean Air Act’s (CAA) Renewable Fuel Standard (RFS).
Updated Documents
Forms:
Use this sample inspection report to meet the routine facility inspection requirements of federal and state industrial stormwater permits. Customize the template according to the specific control measures and activities at your facility.
Guidance Documents:
This EPA fact sheet explains how inspectors can review manifests on the e-Manifest system prior to conducting and onsite review, obtain copies of the manifests, and verify that recordkeeping requirements are being met.
This EPA fact sheet explains how site mangers obtain access to view, create, and /or sign manifests electronically and the three permission levels for e-Manifest: viewer, preparer, and certifier.
Regulatory Analysis:

On May 30, 2017, the U.S. EPA final Hazardous Waste Generator Improvements Rule (New Rule) went into effect in states and territories without a RCRA-authorized hazardous waste program (Alaska, Iowa, the Indian Nations, and the territories Puerto Rico, American Samoa, Northern Mariana Islands, and U.S. Virgin Islands). RCRA-authorized states must adopt the more stringent provisions of the New Rule by July 1, 2019, at the latest.

Appropriate changes have been made to the BLR federal regulatory analysis for this and other topics affected by the New Rule. Changes to parallel state regulatory analyses will be made as states revise their regulations to comply with the New Rule. Until then, RCRA-authorized states will follow their current state hazardous waste regulations. The Critical 2017/2018 Hazardous Waste Generator Information in this national topic provides essential guidance on the currently applicable state regulations.

Required by both the Department of Transportation (DOT) and the U.S. Environmental Protection Agency (EPA), a hazardous waste manifest is the shipping paper for hazardous waste. The paper manifest travels with the hazardous waste from the point of generation, through transportation, to the final treatment, storage, and disposal facility (TSDF). Each party in the chain of shipping, including the generator, signs and keeps a manifest copy, creating a "cradle to grave" tracking of the hazardous waste. Hazardous waste shipments offered for transportation by a generator and shipped to a TSDF may, alternatively, be tracked with an electronic manifest.
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