ENVIRONMENTAL COMPLIANCE
Federal
RCRA Basics: Recordkeeping Essentials Part 2
March 25, 2022
When your site generates hazardous waste, you also generate extensive documentation to go with it. Whether you keep paper or electronic records, knowing what the regulations require you to keep on file will help demonstrate compliance during a hazardous waste inspection.
This guide focuses on the recordkeeping requirements for large quantity generators, but detailed recordkeeping can help generators of any size achieve and maintain compliance.
Source: Lion
RCRA Recordkeeping Essentials Part 1
March 18, 2022
Check out this resource, RCRA Recordkeeping Essentials: Part 1, for key details about major RCRA documentation regulations and record retention requirements:
Personnel training records
Hazardous waste contingency plans
Waste determination records
The generator’s biennial reports
Source: Lion
ECHO Notify
March 24, 2022
U.S. EPA has launched a notification service called ECHO Notify. ECHO Notify provides weekly email notifications of changes to enforcement and compliance data in ECHO. Notifications are tailored to the geographic locations, facility IDs, and notification options that you select.
A subscriber can request to be notified based on a specific EPA Facility ID, ZIP code, county, or state. Each e-mail will notify the recipient of recent violations or enforcement actions at facilities within the selected geographic area or facility. Subscribers can elect to be notified of all EPA and state enforcement and compliance activities or select from a subset of programs.
Source: EPA
EPA RCRA Third Rule for E-Manifests
March 11, 2022
A proposed rule to amend the regulations for electronic hazardous waste manifests has been signed by EPA’s Administrator and will appear in the Federal Register soon.
Nicknamed “The Third Rule” by US EPA, the proposal would:
expand manifest requirements to include export shipments,
integrate certain mandatory reports into the electronic system,
revise the time limits for submitting those reports, and
make conforming changes concerning PCB wastes regulated under TSCA.
Source: Lion
EPA and Army Select 10 Roundtables to Highlight Regional Implications of WOTUS
March 7, 2022
The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced the selection of ten geographically varied roundtables with participants representing diverse perspectives. The agencies will work with each selected roundtable to facilitate discussion on the implementation of “waters of the United States” (WOTUS) while highlighting regional differences.
EPA and Army are announcing the selection of ten roundtables that highlight geographic differences and a range of perspectives—including agriculture, conservation groups, developers, drinking water and wastewater managers, environmental organizations, communities with environmental justice concerns, industry, Tribal nations, and state and local governments.
Source: EPA
Who's Allowed to Sign the Manifest?
March 4, 2022
When an employee signs the Hazardous Waste Manifest, they certify that the consignment complies fully with US DOT’s Hazardous Materials Regulations (HMR). This in-depth guide lays out 49 CFR and RCRA regulations and employee training requirements for individuals who sign the Manifest on behalf of a generator, transporter, or TSDF
Source: Lion
Are All Pesticides Universal Waste Under RCRA?
March 1, 2022
Only unwanted, unused pesticides are disposed of or recycled. Once a pesticide is used, we don’t collect the substance back to dispose of it—it’s gone for good, from a waste management standpoint.
Pesticide becomes a waste when:
A facility participates in a recall of the pesticide, or
a facility decides to discard it.
Source: Lion
Texas
Seaport and Rail Yard Areas Emissions Reduction Program Workshops in Houston
March 31, 2022
The Texas Commission on Environmental Quality (TCEQ) is hosting two Seaport and Rail Yard Areas Emissions Reduction (SPRY) Program workshops in Houston. These workshops are for operators of drayage trucks or cargo handling equipment at seaports or rail yards in the Houston area. TCEQ can cover up to 80% of the cost to replace trucks or equipment through a SPRY grant.
The workshops will be held on April 2, 2022:
Workshop #1: 9:00-11:00 a.m.
Workshop #2: 12:00-2:00 p.m.
At:
Community Family Centers
7524 Avenue E
Houston, TX 77012
Source: TCEQ
Temporary NetDMR Electronic Reporting Waiver for Stormwater Multi-Sector General Permit (MSGP) Facilities
March 17, 2022
TCEQ issued a temporary waiver from submitting discharge monitoring reports (DMRs) electronically for the MSGP (TXR050000). The waiver expires on April 1, 2022. Please submit paper DMRs for the sampling results due March 31, 2022.
The 2021 MSGP requires you to submit all DMRs online through the NetDMR reporting system. However, that option is not currently available for MSGP permitted facilities.
Submit DMRs on paper by March 31, 2022, if you are required to meet:
Federal effluent limits within sectors A, C, D, E, J, O, and S
Find a full list of activities within those sectors in Part III.C.2 Table 3 of the MSGP
Numeric effluent limits for hazardous metals and have an exceedance
Download paper DMR forms from our website and mail (postmark) completed DMRs by March 31, 2022, to:
TCEQ (MC 213)
P.O. Box 13087
Austin, TX 78711-3087
You do not need to report benchmark values because facilities are not required to collect benchmark samples during MSGP renewal years (i.e., 2021).
If you collected samples, keep the information in your stormwater pollution prevention plan.
You must collect benchmark samples in 2022 and report those results by March 31, 2023.
If you have any questions, please contact:
Small Business and Local Government Assistance at (800) 447-2827
Stormwater Team – Water Quality Division at (512) 239-4671
Source: TCEQ
TCEQ Fiscal Year (FY) 2023 Air Emissions/Inspection Fee Basis Form March 11, 2022
TCEQ requires a completed fee basis form per the air inspection fee rule in 30 TAC 101.24 and/or the air emissions fee rule in 30 TAC 101.27 by June 1, 2022.
The mailing and submission process for the TCEQ Air Emissions/Inspection Fee Basis Form has been updated. The TCEQ will email the official fee letter and fee form by April 2, 2022.
If the mailinbe sure and send an email with the updated information to Airfees@tceq.texas.gov.
Source: TCEQ
New Industrial and Hazardous Waste Rules
March 11, 2022
In 2017, EPA issued the final rule incorporating changes to the Hazardous Waste Generator Program, and in 2019, EPA issued the final rule for the pharmaceutical hazardous waste program. TCEQ has adopted these regulations effective February 3, 2022, and this slide deck describes the changes to the TCEQ industrial and hazardous waste rules.
Source: TCEQ
New Industrial and Hazardous Waste Rules: Online Workshops - March 2022
March 1, 2022
On March 11 & 22, TCEQ hosted FREE online workshops on the new industrial and hazardous waste rules and how they affected Texas generators.
The two and a half-hour online workshop covered the new rules, including:
Adding aerosol cans as a type of universal waste management
New labeling requirements for hazardous waste containers and tanks
Episodic generation options for Very Small Quantity Generators (VSQG) and Small Quantity Generators (SQG)
Provision to allow VSQGs to send their hazardous waste to Large Quantity Generators (LQGs) under the control of the same person
The workshops were held:
March 11, 2022, from 9:00 a.m. to 11:30 a.m. CST
March 22, 2022, from 1:30 p.m. to 4:00 p.m. CDT
Note: For copies of the slides from the workshops, contact joyce@kristianssonllc.com
Source: TCEQ
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HEALTH & SAFETY COMPLIANCE
OSHA Proposes Improved Tracking of Workplace Injuries and Illnesses
March 30, 2022
OSHA is proposing to amend its occupational injury and illness recordkeeping regulations to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation.
Specifically, OSHA is proposing to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year.
Establishments with 20 or more employees in certain industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year.
OSHA is also proposing to update the classification system used to determine the list of industries covered by the electronic submission requirement and to remove the current requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A to OSHA on an annual basis.
Source: OSHA
Revised Lithium Battery Air Regs Take Effect April 1, 2022
March 28, 2022
As of April 1, 2022, lithium-ion and lithium metal batteries or cells shipped separately will no longer be accepted for air transportation when prepared under Section II of the relevant IATA Dangerous Goods Regulations (DGR) Packing Instruction.
This revision affects the transportation of two UN ID numbers: UN 3480 and UN 3090—which are shipped by air using IATA DGR Packing Instructions (PI) 965 and 968, respectively.
Source: Lion
DOT Revises Civil Penalty Amounts
March 21, 2022
The DOT has published a Final Rule to increase the minimum and maximum civil penalties for hazardous materials shipping and transportation violations. Penalties for noncompliance with the Hazardous Materials Regulations (HMR) increase annually to match the rate of inflation.
Effective March 21, the maximum penalty for a typical hazmat shipping violation (including failure to provide hazmat training) increased by more than $5,000. For violations that result in death, serious illness or injury, or substantial property damage, the maximum penalty is increased by more than $12,000.
-$89,678 per day, per violation is the new maximum civil penalty for a typical hazmat shipping violation.
-$209,249 per day, per violation is the new maximum civil penalty for a violation that results in death, serious illness, severe injury, or substantial property damage.
-$540 per employee, per day is the new minimum penalty for failure to provide hazmat training as required by 49 CFR 172.704.
Source: DOT
FMCSA Removes Obsolete Regulatory Training Requirements for Entry-Level Commercial Motor Vehicle Operators
March 18, 2022
FMCSA is removing the outdated regulatory training requirements for entry-level CMV operators (49 CFR 380, Subpart E), which were previously supposed to be removed with the finalization of a December 8, 2016, final rule, which replaced these now outdated requirements.
Source: FMCSA
Coast Guard Issues Lithium Battery Alert
March 15, 2022
The US Coast Guard released a marine safety alert (Safety Alert 01-22) on March 10, following what they call a “potentially catastrophic” fire involving lithium batteries in transportation. The alert reminds shippers, carriers, and industry stakeholders about the importance of compliance with lithium battery shipping regulations.
The fire occurred on August 19, 2021, when a shipping container loaded with discarded lithium batteries caught fire on the highway en route to the Port of Virginia for a maritime voyage. Investigators determined that the batteries burned hot enough to create a hole in the metal shipping container, resulting in significant container damage and loss of cargo.
Source: Lion
FMCSA Amends the Records of Violations Requirements
March 10, 2022
FMCSA is eliminating the requirement to have drivers operating CMVs in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. This requirement is largely duplicative of 49 CFR 391.25(a), which requires motor carriers to make an annual inquiry and review of the driving record of each driver. FMCSA is also amending 49 CFR 391.25(a) to ensure the annual inquiry is made to each driver's licensing authority for traffic convictions which includes States and foreign licensing authorities.
Source: FMCSA
Proposed Revisions to Procedures for Transportation Workplace Drug and Alcohol Testing Programs
March 1, 2022
The U.S. Department of Transportation is proposing to amend the transportation industry drug testing program procedures regulation to include oral fluid testing. This would give employers a choice that will help combat employee cheating on urine drug tests and provide a more economical, less intrusive means of achieving the safety goals of the program. Additionally, DOT is proposing to update, clarify, and reorganize the Department’s regulation, and harmonize the regulation with the new Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid established by the U.S. Department of Health and Human Services.
Source: DOT
SUSTAINABILITY, ESG, AND CLIMATE ACTION
Draft IFRS S1 General Requirements for Disclosure of Sustainability-related Financial Information Draft IFRS S2 Climate-related Disclosures
March 31, 2022
The International Sustainability Standards Board (ISSB) has proposed
two IFRS Sustainability Disclosure Standards would:
require a company to disclose information that enables investors to assess the effect of significant sustainability-related risks and opportunities on its enterprise value; and
establish disclosure requirements specific to climate-related risks and opportunities.
The ISSB is seeking comments on the two proposed IFRS Sustainability Disclosure Standards (exposure drafts). The ISSB will consider comments it receives on the exposure drafts in developing its final requirements. It plans to consider the comments in the second half of 2022 and aims to finalize the requirements by the end of 2022.
The comment deadline is 29 July 2022.
Source: ISSB
SEC Enhancement and Standardization of Climate-Related Disclosures
March 21, 2022
The Securities and Exchange Commission proposed rule amendments that would require a domestic or foreign registrant to include certain climate-related information in its registration statements and periodic reports, such as on Form 10-K, including:
Climate-related risks and their actual or likely material impacts on the registrant’s business, strategy, and outlook;
The registrant’s governance of climate-related risks and relevant risk management processes;
The registrant’s greenhouse gas (“GHG”) emissions, which, for accelerated and large accelerated filers and with respect to certain emissions, would be subject to assurance;
Certain climate-related financial statement metrics and related disclosures in a note to its audited financial statements; and
Information about climate-related targets and goals, and transition plan, if any.
The proposed disclosures are similar to those that many companies already provide based on broadly accepted disclosure frameworks, such as the Task Force on Climate-Related Financial Disclosures and the Greenhouse Gas Protocol.
Source: SEC
Nature-Related Risk Disclosure Prototype Framework Unveiled by TNFD
March 15, 2022
The Taskforce on Nature-related Financial Disclosures (TNFD) announced on March 15, 2022, the release of the first beta version of its disclosure framework aimed at enabling and guiding organizations to report on evolving nature-related risks.
The TNFD was launched in June 2021, aiming to deliver a framework for organizations to report and act on nature-related risks, and building on the success of the Task Force on Climate-related Financial Disclosures (TCFD).
Source: TNFD
Proposal for A Directive on Corporate Sustainability Due Diligence and Annex
March 10, 2022
The European Union (EU) Corporate Sustainability Due Diligence Directive (CSDDD) as proposed will apply to both large European and non-EU companies doing business in Europe.
The directive will apply to all EU companies with more than 500 employees and €150 million revenues worldwide and non-EU companies active in the EU with revenues in the EU of €150 million. In two years, it will also apply to EU companies with 250 employees and €40 million in annual revenue, and non-EU companies with revenue of €40 million generated in the EU.
Source: European Commission
IPCC Sixth Assessment Report: Climate Change 2022: Impacts, Adaptation, and Vulnerability
March 10, 2022
Overshadowed by events in Ukraine, the IPCC recently published their Sixth Assessment Report, "Climate Change 2022: Impacts, Adaptation, and Vulnerability." This report assesses the impacts of climate change, looking at ecosystems, biodiversity, and human communities at global and regional levels. It also reviews vulnerabilities and the capacities and limits of the natural world and human societies to adapt to climate change. (See: https://www.ipcc.ch/report/ar6/wg2/)
Source: IPCC
What is SBTi’s Policy on Fossil Fuel Companies?
March 8, 2022
The Science Based Targets initiative (SBTi) has updated its fossil fuel policy. In addition to its existing policy of not validating targets from fossil fuel companies, it will no longer accept commitments from these companies. Commitments will not be accepted from companies or subsidiaries in categories 1.1 and 1.2 below. This policy is effective immediately and the removal of previous commitments will be completed on Thursday 10 March 2022. The SBTi reserves the right to remove other companies that, after careful evaluation, are considered to fall within category 1 below. These companies may be reinstated following further development of the fossil fuel sector project. The SBTi will share further updates on the development of this guidance later in 2022.
Source: SBTi
CDP on Climate Transition Plans - Are Companies Being Transparent in Their Transition
March 4, 2022
Climate research provider and environmental disclosure platform CDP has announced the publication of a new report, assessing the state of corporate climate transition plans and related disclosure.
The report indicated that significant gaps exist in the disclosure by companies of information regarding their climate strategies, with only slightly over a third of companies assessed as having credible emissions reduction targets, and less than 1% reporting on all of CDP’s key climate transition-focused indicators.
Source: CDP
Global Plastic Pollution Agreement: A Historic Moment
March 2, 2022
On March 2, 2022, Heads of State, Ministers of environment, and other representatives from 175 nations endorsed a historic resolution at the UN Environment Assembly in Nairobi to End Plastic Pollution and forge an international legally binding agreement by 2024. The resolution addresses the full lifecycle of plastic, including its production, design, and disposal.
Source: UNEP
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