EHS COMPLIANCE
The Essential 2022 Training Guide
September 17, 2021
Key EPA, DOT, and OSHA training requirements summarized in one place.
ENVIRONMENTAL COMPLIANCE
Federal
EPA Proposes Parent Company Definition for Toxics Release Inventory Reporting
September 29, 2021
EPA is proposing to codify the definition of "parent company" for purposes of reporting to the Toxics Release Inventory (TRI). Although the existing regulation requires facilities reporting to TRI to identify their parent company in annual reporting forms, no codified definition of this data element exists. The proposed rule also clarifies existing regulations for reporting facilities and adds a foreign parent company data element, if applicable.
Source: Dakota Software
What You Need to Know: EPA to Propose New Methane Regulations for Oil and Gas Sector
September 27, 2021
In the upcoming weeks, the Environmental Protection Agency (“EPA”) is expected to release a proposed rule that would greatly expand methane regulations for the oil and gas sector. While EPA has previously issued regulations for a smaller group of “new, modified or reconstructed” sources, these new regulations would apply to all existing sources and may contain additional requirements beyond what EPA currently requires under Clean Air Act Subparts OOOO and OOOOa (also known respectively as Quad O and Quad Oa).
Source: JD Supra
Final Rule - Phasedown of Hydrofluorocarbons
September 23, 2021
This final rule is the first regulation under the AIM Act to address HFCs, which are potent greenhouse gases commonly used in refrigerators, air conditioners, and other applications. This final rule sets the HFC production and consumption baseline levels from which reductions will be made, establishes an initial methodology for allocating and trading HFC allowances for 2022 and 2023 and creates a robust, agile, and innovative compliance and enforcement system.
Source: EPA
EPA’S Proposed Climate Rule Could Slash HFCS By 85%
September 17, 2021
US EPA is ready to issue a Final Rule that will cut domestic production and use of hydrofluorocarbons (HFCs) by 85% by 2036. Once enacted, the American Innovation and Manufacturing Act, or AIM Act, would be the Biden Administration’s first major legislation to combat planet-warming greenhouse gases. HFCs are greenhouse gases used in a wide variety of applications, including refrigeration, air-conditioning, building insulation, and aerosols. EPA is concerned about HFCs due to their high global-warming potential. Experts believe HFCs could be thousands of times more dangerous for Earth’s ozone layer than carbon dioxide.
Source: Lion
EPA Rescinds Previous Administration’s Guidance on Clean Water Act Permit Requirements
September 16, 2021
The EPA has rescinded a guidance document entitled “Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program” that was issued by the Trump administration on January 14, 2021. The Maui guidance reduced clean water protections by creating a new factor for determining if a discharge of pollution from a point source through groundwater that reaches water of the United States is the “functional equivalent” of a direct discharge to such water.
Source: EPA
Vessel General Permit (VGP) eNOI System
September 16, 2021
The U.S. Environmental Protection Agency (EPA) VGP eNOI system underwent a slight system upgrade and the URLs for both the VGP eNOI homepage and VGP public search tool have changed. The new URLs for these two pages are as follows:
VGP eNOI homepage: https://vgpenoi.epa.gov
VGP eNOI public search tool: https://vgpenoi.epa.gov/search
The system will temporarily reroute users from the old URLs to these new URLs.
Users can still access the VGP eNOI homepage through EPA’s Central Data Exchange at:
Also, be aware that these two VGP eNOI webpages no longer support the "Internet Explorer" browser but do support most other commonly used web browsers.
Source: EPA
Regulatory Options for Addressing the Temporary Backlog of Containerized Hazardous Waste Needing Incineration
September 15, 2021
EPA published a memorandum is to communicate existing options under the Resource Conservation and Recovery Act (RCRA) regulations for hazardous waste generators and permitted hazardous waste treatment, storage, and disposal facilities (TSDFs) to address the temporary backlog of containerized hazardous waste destined for incineration.
Source: EPA
Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS
September 14, 2021
EPA has published Draft Method 1633 Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS.
Source: EPA
RCRA LDR Tips: Was It Ever Hazardous Waste?
September 13, 2021
A facility must know if its waste is hazardous so that they can manage it properly, keep it out of the environment, and train employees to safely handle it. The initial hazardous waste determination also decides how the waste will be treated and disposed of. Any waste that is or ever was hazardous waste is restricted from land disposal unless it meets certain standards called Land Disposal Restrictions or LDRs.
Source: Lion
25 Easy-To-Avoid Hazardous Waste Management Errors
September 13, 2021
When it comes to hazardous waste regulations, many of the most commonly cited management mistakes are easy to identify and correct. Read on for an overview of 25 common and correctable hazardous waste management errors. This list will help you spot red flags in your current waste management operations to ensure successful, violation-free inspections.
Source: Lion
Federal Judge Vacates Major Clean Water Act Regulation
September 3, 2021
On August 30, 2021, a Federal judge in Arizona vacated and remanded a 2020 regulation that narrowed the EPA's enforcement jurisdiction under the Clean Water Act. The decision is effective nationwide. It affects permit requirements for discharging pollutants to the water and permits to dredge and/or fill waters under Clean Water Act jurisdiction.
The Navigable Waters Protection Rule (NWPR)—which EPA is already working to replace-- “rolled back” regulatory changes made in 2015. The 2015 revisions broadened EPA’s jurisdiction by re-defining the term Waters of the United States (WOTUS) to encompass more of the nation’s wetlands, marshes, streams, and other waters.
Source: Lion
Texas
Texas Water and Power Resilience Workshop
September 27, 2021
The EPA and TCEQ will conduct a virtual workshop to help drinking water, wastewater, and electric utilities understand how to prepare for, respond to, and recover from power outages.
The online workshop will include morning presentations by regulatory agencies and utilities and an afternoon tabletop exercise. The afternoon exercise will enable all participants to better evaluate their preparedness for power outages, identify challenges, and learn from the experiences of others. Register for the virtual workshop to participate on November 10, 2021, from 9 AM to 3 PM CST.
Source: TCEQ
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HEALTH & SAFETY COMPLIANCE
TSCA Addition of 20 High-Priority Substances and 30 Organohalogen Flame Retardants
September 23, 2021
This final rule issued under the TSCA Health and Safety Data Reporting rule requires manufacturers (including importers) of 50 specified chemicals to report certain lists and copies of unpublished health and safety studies to EPA.
Source: EPA
Lithium Battery Shippers May Need Dangerous Goods Training Upgrade For 2022
September 17, 2021
A change in the 2022 IATA Dangerous Goods Regulations will require some lithium battery shippers to provide additional dangerous goods training for employees.
The 63rd Edition IATA DGR will eliminate the Section II provisions from Packing Instructions (PI) 965 and 968 for smaller lithium cells and batteries shipped separately by air. Starting in 2022, air shippers must prepare these shipments according to Section IA or IB of the appropriate PI.
Source: Lion
US Requires Vaccine-or-Test Mandate for Private Employers
September 10, 2021
Private businesses in the U.S. that employ more than 100 employees will soon have to ensure their workers are fully vaccinated or tested weekly for COVID-19. the mandate will come in the form of an emergency temporary standard, or ETS, by the Department of Labor’s Occupational Safety and Health Administration. Employers will also be required to give their workers time off in order to get vaccinated.
Source: Seyfarth Shaw
Occupational Safety and Health Administration | Heat Initiative: Inspection Guidance
September 1, 2021
OSHA is implementing an enforcement initiative on heat-related hazards, developing a National Emphasis Program on heat inspections, and launching a rulemaking process to develop a workplace heat standard. In addition, the agency is forming a National Advisory Committee on Occupational Safety and Health Heat Injury and Illness Prevention Work Group to provide a better understanding of challenges and to identify and share best practices to protect workers.
Source: OSHA
SUSTAINABILITY, ESG, AND CLIMATE ACTION
Oil Majors Pledge Net Zero Target, Update Goals to Cut Methane, Carbon Intensity
September 23, 2021
A group of 12 of the world's biggest oil and gas majors pledged Sept. 20 to reach net-zero emissions from operations under their control (Scope 1, 2) and updated targets for reducing the methane and carbon emission intensity of their upstream operations.
Source: S&P Global Platts
Buying Into a More Sustainable Value Chain
September 22, 2021
Two-thirds of the average company’s environment, social, and governance footprint lies with suppliers. What action can procurement leaders take to make a decisive difference in sustainability?
Source: McKinsey
New Carbon Intensity Calculations from Platts Provide Transparency into Emissions Footprint of Major Oil Fields
September 27, 2021
S&P Global Platts has developed monthly carbon intensity calculations for 14 major crude fields around the world. To determine carbon intensity, Platts considers production, flaring and venting, maintenance activities, production processing, and transport to the storage hub aiming to produce a calculation that measures the impact of greenhouse gas emissions from well production to the storage terminal. Platts will also provide Carbon Intensity Premiums, highlighting the premium that a buyer would pay to offset the GHG emissions generated through the production of each crude. Platts highlighted the impact of the carbon intensity of various major oil fields, with the high carbon intensity of the Cold Lake field in Canada generating an implied CI Premium of over $4/boe at a CI Premium assuming a $50 carbon price, compared to only $0.187/boe for the Johan Sverdrup field in Norway, for example.
Source: ESG Today
How OEMs Can Boost EV Profitability
September 21, 2021
EVs account for a growing share of sales in key markets. This new McKinsey report looks closer at how original equipment manufacturers can improve their EV strategies and profitability.
Source: McKinsey
Over 50 Companies Reporting on Stakeholder Capitalism Metrics as International Support Grows
September 21, 2021
Since the January 2020 launch by the World Economic Forum, over 50 companies have begun including the Stakeholder Capitalism Metrics in their mainstream reporting materials, including annual reports or sustainability reports. Drawn from existing standards, the Stakeholder Capitalism Metrics provides a set of metrics that can be reported on by all companies, regardless of industry or region. The metrics also offer comparability, which is particularly important for informing ongoing efforts to create a systemic, globally accepted set of common standards for reporting on sustainability performance.
Source: World Economic Forum
Climate Trace - The Platform for Independent Emissions Reporting
September 17, 2021
A new emissions-tracking tool has been launched by a group of non-profits led by Al Gore. The Climate TRACE coalition says it's the first comprehensive accounting of global greenhouse gas emissions based on direct, independent observation from space, land, and sky. The aim is to fill in knowledge gaps on emissions for countries that currently rely on a patchwork of self-reporting. The inventory, covering 2015–2020, has already provided insights on emissions across 10 sectors and 38 sub-sectors. In the oil and gas industry, the tool discovered that emissions may collectively be around double (1.4 billion tons higher) that of recent UN reporting when looking at the top countries that submit regular inventories. The creators say the tool will be particularly relevant for dozens of countries that lack access to comprehensive emissions data.
Source: Climate Trace
Innovation Is in Again: DOE Loan Programs Office Back at the Helm
September 15, 2021
The Department of Energy Loan Programs Office (LPO) was an active investor in early-stage cleantech during the Obama Administration, paving the way for the growth of greenhouse gas (GHG) reducing technologies that are in use today. The program slowed investment activity in recent years as congressional and White House support waned. However, the winds have shifted, creating a resurgence in LPO activity. Authorized in 2005 to lend nearly $70 billion to innovative clean energy projects, the LPO still has more than 60 percent of its lending authority remaining. Congress could also unlock additional funding later this year as political will for clean technology investments has strengthened.
Source: Holland & Knight