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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:
The EPA’s final Significant New Use Rule (SNUR) for asbestos will prevent the reintroduction of certain asbestos products to the marketplace without the Agency's review.
In a final rule, the EPA is amending technical provisions of its 2016 New Source Performance Standards and Emission Guidelines for Commercial and Industrial Solid Waste Incinerators.
A panel of the U.S. Court of Appeals for the 8th Circuit affirmed a district court decision that found that two companies that sold a contaminated property to another company were jointly and severally liable for $5.4 million in response costs.
As part of a new policy to expedite the permitting and construction of energy infrastructure projects, President Donald Trump has issued an Executive Order directing the EPA to review and revise the federal program for Clean Water Act Section 401 certifications.
The EPA has proposed regulations under which it will review claims by businesses that information about chemical substances on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory must be protected from disclosure to the public.
The EPA’s Office of Inspector General (OIG) has issued an alert that there are discrepancies in the amount of chemicals released to the environment in the publicly available Toxics Release Inventory (TRI) database.
A proposed project to construct a terminal in Washington, from which coal would be shipped to Asia, had another setback when a U.S. district judge dismissed a claim by the project’s sponsors (plaintiffs) that state’s denial of a water quality permit for the project was in violation of the federal Foreign Affairs Doctrine.
White Papers:
Here we summarize EPA best management practices that both oil collection centers and recyclers can use to ensure that PCB-contaminated oil does not contaminate recyclable oil.
Guidance Documents:
Use this guidance document to learn more about TSCA reporting requirements for mercury.
Updated Documents
Guidance Documents:
Use this guidance document to learn more about TSCA reporting requirements for mercury.
This new guidance from the U.S. Army Corps of Engineers, titled "Mitigation Bank Credit Release Schedules and Equivalency in Mitigation Bank and In-Lieu Fee Program Service Areas," may allow mitigation bank credits to become more readily available to builders, developers, and other permittees.
This link provides access to EPA guidance about the chemical test methods approved under 40 CFR 136 to be used by industries and municipalities to analyze the chemical components of wastewater and other environmental samples that are required by the Clean Water Act (CWA).
This link provides access to EPA guidance about the microbiological test methods approved under 40 CFR 136 to be used by industries and municipalities to analyze the microbiological components of wastewater and other environmental samples that are required by the Clean Water Act (CWA).
This link provides access to EPA guidance about the Whole Effluent Toxicity (WET) test methods approved under 40 CFR 136 to be used by industries and municipalities to analyze components of wastewater and other environmental samples that are required by the Clean Water Act (CWA).
This link provides access to EPA guidance about the radiochemical test methods approved under 40 CFR 136 to be used by industries and municipalities to analyze components of wastewater and other environmental samples that are required by the Clean Water Act (CWA).
This link provides access to EPA guidance about the industry-specific test methods approved under 40 CFR 136 to be used by industries and municipalities to analyze components of wastewater and other environmental samples that are required by the Clean Water Act (CWA).
Review this OSHA fact sheet to learn how to protect yourself from contaminated sharps, and how to manage containers of sharps.
On February 6, 2019, the EPA’s Assistant Administrator for the Office of Water issued a new guidance memorandum updating the Agency’s Water Quality Trading Policy. The new guidance strongly supports and promotes trading and flexibility and clarifies EPA’s previous guidance. The new guidance announces six “Market-Based Principles” designed to encourage and promote the development and implementation of market-based pollutant reduction programs.
Review this Fact Sheet to help you determine whether your entity company, business or organization matches the table's list of the types of entities the EPA knows could potentially be affected by the 2019 Hazardous Waste Pharmaceutical Rule.
Regulatory Analysis:
Laws have been passed in every jurisdiction requiring facilities to produce and retain records of various kinds. This ensures that state and federal environmental officials have access to documentation in certain critical areas of environmental regulation.
The U.S. EPA final rule “Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine” (Rule), effective August 21, 2019, goes 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) as of that date. RCRA-authorized states must adopt the more stringent provisions of the Rule within a few years of this federal effective date.
Agency inspections are visits to a facility or site for the purposes of gathering information to determine whether it is in compliance. During an inspection, facility and site owners and operators can expect to be interviewed, the review of reports and records, the taking of photographs, the collection of samples, and the observation of operations. Inspections are usually conducted on single-media programs such as the CWA but can be conducted for more than one media program. Inspections can also be conduced to address a specific environmental problem, a facility or industry sector, or a geographic area or ecosystem.
This topic provides an overview of federal medical waste requirements, including the Department of Transportation (DOT) hazardous material transport rules. Certain medical waste treatment technologies under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) also may apply.
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.
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.
Environmental Quick Links
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• Investigating worker complaints
• Responding to reports of severe injuries and illnesses
• Imminent danger situations
• Investigating referrals from other federal, state, or local agencies