Greenwashing by Some Leads to More Scrutiny for All, and More
ENVIRONMENTAL COMPLIANCE
Federal
EPA Codifies Parent Company Definition for Toxics Release Inventory Reporting
October 24, 2022
EPA is codifying the definition of "parent company" for purposes of reporting to the Toxics Release Inventory (TRI). The existing regulation requires facilities reporting to TRI to identify their parent company in annual reporting forms, and this final rule codifies the definition of this data element. The final rule also clarifies existing regulations for reporting facilities and adds a foreign parent company data element, if applicable.
Source: EPA
EPA's Environmental Justice Efforts Moving Beyond Regulatory Structures and Into Programming
October 20, 2022
As we move toward two full years of the Biden Administration, we can see the US Environmental Protection Agency’s (EPA) environmental justice (EJ) efforts move from the creation of new offices and guidance materials toward seeing EJ-focused changes occurring in EPA’s efforts to regulate the physical environment. Below, we highlight three recent EJ-focused changes.
Source: The National Law Review
EPA Proposes to Repeal Amendments that Addressed Fugitive Emissions
October 18, 2022
EPA is proposing to repeal regulatory amendments that addressed the consideration of “fugitive” emissions of air pollutants from stationary sources when determining the applicability of certain permitting requirements under the Clean Air Act. These amendments previously stayed as a result of a reconsideration process and EPA is now proposing to fully repeal the stayed provisions of the regulatory amendments that were adopted in 2008. EPA is also proposing to remove a related exemption for modifications that would be considered major solely due to the inclusion of fugitive emissions. As a result of the proposed changes, all existing major stationary sources would be required to include fugitive emissions in determining whether a physical or operational change constitutes a “major modification,” requiring a permit under the Prevention of Significant Deterioration (PSD) or Nonattainment New Source Review (NNSR) programs.
Source: EPA
25 Common Hazardous Waste Management Errors
October 14, 2022
With civil penalties for RCRA hazardous waste violations now as high as $80,000+ per day, per violation, finding and fixing hazardous waste compliance mistakes is crucial to defend your organization’s compliance record and bottom line. This report will help you to recognize 25 of the most common pitfalls for hazardous waste identification, container management, training and recordkeeping, universal waste, and laboratories.
Source: Lion
Changes to the EPCRA, CERCLA, CAA 112(r) Consolidated List of Lists
October 11, 2022
In April 2022, EPA published a new chemical list of lists with the following changes:
Title Change. The title was changed from “Consolidated List of Chemicals Subject to the Emergency Planning and Community Right To Know Act (EPCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Section 112(r) of the Clean Air Act” to “Consolidated List of Chemicals Subject to the Emergency Planning and Community Right To Know Act (EPCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and Section 112(r) of the Clean Air Act (CAA)”
Formatting. Headers and Footers were added to provide the section, version, and page numbers on each page. Appendix E (EPCRA section 313 Toxic Release Inventory (TRI) and Per- and Polyfluoroalkyl Substances) was split into Appendix E and F to provide one appendix for the CAS number ordered list and one appendix for the alphabetically ordered list. The appendix titled CERCLA Hazardous Substances – Chemical Categories was renumbered from F to G. Summary of Codes was added to the Table of Contents.
Introduction. The language was updated to be reflective of the current regulations including modifying language to reflect that Safety Data Sheets (SDSs) are required and replace Material Safety Data Sheets (MSDS) and to be inclusive of Tribes.
CERCLA Hazardous Chemical Edits: The following modifications were made to align the List of Lists with the technical edits made to the CERCLA list of hazardous substances [87 FR2072-20760, April 8, 2022]: The RCRA Hazardous Waste vacated K-Code substances (K064, K065, K066, K090, and K091) were deleted. The replaced CAS number for chromic acid (11115-74-5) was deleted. The replaced CAS number for lead stearate (52652-59-2) was deleted. The CAS number for arsenic disulfide was updated from 1303-32-8 to 12044-79-0. The reportable quantity of 1 pound was added to the new CAA HAP 1-Bromopropane. The chemicals “Chlordane, alpha isomer” and “Chlordane, gamma isomer” were added. The CAS number for Cupric oxalate was updated from 5893 -66 -3 to 55671-32-4. The CAS numbers for Dichlorobenzidine (1331-47-1), diphenylhydrazine (38622-18-3), and nitrophenols (25154-55-6) were added.
TRI Edits: The following substances were added to the list for reporting the year 2022 because the National Defense Authorization Act (NDAA) automatically added four additional PFAS to the TRI list: Perfluorobutane sulfonic acid (CAS Number 375-73-5); Potassium perfluorobutane sulfonate (CAS Number 29420-49-3); Perfluorobutanesulfonate (45187-15-3); and 2-Propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, .gamma.-.omega.-perfluoro-C10-6-alkyl acrylate and stearyl methacrylate (CAS Number 203743-03-7).
Source: EPA
EPA Revises the NESHAP for Major Sources from New and Existing Industrial, Commercial, and Institutional (ICI) Boilers and Process Heaters
October 7, 2022
EPA is finalizing amendments to several numeric emission limits for new and existing boilers and process heaters. EPA is also providing further explanation of one aspect of the agency’s use of carbon monoxide (CO) as a surrogate for organic hazardous air pollutants (HAP) and its use of a CO threshold to represent the application of the maximum achievable control technology (MACT) for organic HAP. EPA is also finalizing several technical clarifications and corrections.
Source: EPA
Chemical Restrictions and Worker Protections under TSCA
October 3, 2022
A recent U.S. Environmental Protection Agency (EPA) regulation and a proposed rule under the Toxic Substances Control Act (TSCA) have alarmed the industry for overlapping with Occupational Safety and Health Administration (OSHA) standards for worker protection. TSCA sections 5 and 6 orders and rules aimed to protect potentially exposed or susceptible subpopulations from unreasonable risks from certain chemicals’ conditions of use have, or will have, requirements for personal protective equipment (PPE), permissible exposure limits (PELs), and hazard communication. These requirements build on and often go beyond OSHA standards.
Source: American Bar Association
Key Supreme Court Cases to Watch in Administrative and Environmental Law
October 3, 2022
The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of the last term, below we summarize cases the Court could address, including issues involving the federal Clean Water Act; standing and the appropriateness of executive action in the context of an immigration case; and potentially the scope of the “dormant” Commerce clause.
Source: The National Law Review
When Should VSQGs Use the Hazardous Waste Manifest?
October 3, 2022
Though Very Small Quantity Generators (VSQGs) are not required to use a Manifest to ship hazardous waste offsite in most situations, there are three scenarios when a Manifest can or must be used.
Source: Lion
Texas
TCEQ Emissions Inventory Workshop Registration Now Open
October 31, 2022
TECQ will cover updates for the upcoming 2022 reporting year, basic terms and concepts, guidance for estimating emissions from equipment leak fugitive emissions sources, and Web-EI reporting.
Source: TCEQ
Estimated $75 Million in Funding Available for Diesel Emissions Reduction Incentive Rebate Grants
October 21, 2022
The Texas Commission on Environmental Quality (TCEQ) is now accepting applications for the Rebate Grants program. This first-come, first-served grant program has an estimated $75 million to help reduce NOx emissions from on-road heavy-duty diesel vehicles and select diesel non-road equipment in nonattainment areas and affected counties in Texas. Of that, $20 million will be set aside for applicants qualifying as a Small Business.
Source: TCEQ
TCEQ Announces New Public Involvement Plan
October 20, 2022
Starting November 1, 2022, the Texas Commission on Environmental Quality will require applicants who are applying for a new registration, permit, or activity, or making certain changes to an existing registration, permit, or activity, to complete a Public Involvement Plan Form. This news alert provides a brief analysis of who is affected by this change and considerations to take when completing this new form.
Source: TCEQ
2022 Tier II Training Classes are Now Available
October 18, 2022
TCEQ is hosting both online and a limited number of in-person trainings this year that will be conducted from November through early February. The in-person trainings will be located in Austin, Dallas, Houston, and San Antonio, and will have limited seating availability. Registration will be first come first serve. The online training options will be hosted remotely as an online webinar through the Microsoft Teams application. Draft Annual Tier 2 reports will be available to be created starting November 1st, but you will need to wait until January 1st, 2023 to officially submit the report. As always, these reports will be due by March 1st.
Source: TCEQ
TCEQ Emissions Inventory Workshop
October 17, 2022
Registration begins on November 1st for the TCEQ’s Emissions Inventory Workshop. TCEQ will offer this workshop as a 'hybrid' style event in 2023. Join online, or at the UT Commons Conference Center in Austin, Texas on January 26, 2023, for the half-day workshop.
Source: TCEQ
TX Industrial Waste Guidance
October 11, 2022
TCEQ regulatory guidance on determining the notification requirements for your Texas facility’s hazardous and Class 1 industrial waste generation was published in August.
Source: TCEQ
Original Equipment Manufacturer (OEM) Information Request for Natural Gas Vehicles and Engines
October 4, 2022
TCEQ offers the opportunity for engine and vehicle manufacturers to provide information to assist TCEQ in compiling a list of vehicles and engines, as well as systems for conversion of vehicles and engines, which are eligible for funding under the Texas Natural Gas Vehicle Grants Program (TNGVGP).
Source: TCEQ
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HEALTH & SAFETY COMPLIANCE
US DOT and OSHA Prep for UN Meetings on Hazmat Regulations and GHS
October 31, 2022
December 2022 is expected to bring a final OSHA rule to update the Hazard Communication Standard, incorporating the GHS, 7th edition.
US DOT PHMSA and OSHA will host virtual public meetings on November 16 in preparation for a “hybrid meeting” of two United Nation sub-committees:
The UN Subcommittee of Experts on the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), and
The UN Subcommittee of Experts on the Transport of Dangerous Goods.
Source: OSHA
OSHA Virtual Meeting on Whistleblower Protection Program
October 7, 2022
OSHA held a virtual meeting on Oct. 19 to solicit public comments and suggestions related to OSHA’s Whistleblower Protection Program.
Source: OSHA
OSHA Process Safety Management (PSM) Stakeholder Meeting to be Held October 12th, 2022
October 6, 2022
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) held a virtual informal stakeholder meeting on Oct. 12, 2022, to invite the public to provide comments on potential changes to the Process Safety Management (PSM) standard. OSHA is considering several potential changes to the scope and provisions of the current PSM standard and will provide a brief overview of its work on the PSM rulemaking project, prior to hearing public comments.
Source: OSHA
SUSTAINABILITY, ESG, AND CLIMATE ACTION
EPA Moves Ahead on Green Bank: Opportunity to Weigh in Is Now
October 26, 2022
The U.S. Environmental Protection Agency is soliciting stakeholder input to inform the design and implementation of the first-of-its-kind Greenhouse Gas Reduction Fund (GGRF) at the agency to ensure full benefits are realized.
The GGRF was authorized in the Inflation Reduction Act of 2022 to mobilize financing and leverage private capital for clean energy and climate projects that reduce greenhouse gas emissions, with an emphasis on projects that benefit low-income and disadvantaged communities.
Source: