ENVIRONMENTAL COMPLIANCE
Federal
Construction General Permit Resources, Tools, and Templates
September 26, 2022
EPA has just finalized updates to its CGP compliance tool, the Small Residential Lot SWPPP Template (or “Small Lot Template”), for residential construction industry permittees under EPA’s 2022 CGP.
The Small Lot Template helps qualifying permittees develop stormwater pollution prevention plans (SWPPPs) that are fully compliant with the 2022 CGP requirements. The Small Lot Template was originally published in 2014 and has been updated to include new requirements that are part of the 2022 CGP.
The Small Lot Template reduces the number of pages for the typical SWPPP by over 60 percent and streamlines the process so that the typical small lot developer can complete the SWPPP easily and tailor it to their specific project.
The Small Lot Template is available on EPA’s website at https://lnkd.in/eNEyWp4A under the “SWPPP Templates” section. If you have any questions, please contact EPA at CGP@epa.gov.
Source: EPA
Emergency Engine, No More?
September 16, 2022
On August 10, 2022, EPA issued a final rule amending the emergency engine provisions in Part 63, Subpart ZZZZ and Part 60, Subparts IIII and JJJJ. [87 FR 48603] The rule reflects an immediately effective 2015 court vacatur of two provisions and, as a result, is administrative in nature. To be classified as an emergency engine under the internal combustion engine standards, such an engine can only be used in a non-emergency capacity for up to 100 hours per year in limited ways. Two of those ways were vacated by the court: 1) running the engines when the reliability coordinator declares an energy emergency alert Level 2, and 2) when there is a 5% or greater deviation from standard voltage or frequency. Since the 2015 vacatur, engines that operate for either of these reasons are considered non-emergency engines and must be in compliance with the applicable emission standards.
Source: MCcoy Review
EPA Proposes Amendments to Risk Management Program (RMP)
September 1, 2022
EPA is proposing revisions to the accident prevention program requirements, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification. The amendments seek to improve chemical process safety; assist in planning, preparedness, and responding to RMP- reportable accidents; and improve public awareness of chemical hazards at regulated sources.
Source: EPA
Texas
Online Reporting for Multi-Sector General Permit Facilities: Free Webinar on Using NetDMR September 22, 2022
Texas facilities with a stormwater authorization under the Multi-Sector General Permit (MSGP) must submit Discharge Monitoring Reports (DMRs) electronically in NetDMR. TCEQ is hosting a free webinar on how to use NetDMR to meet monitoring and reporting requirements.
Monitoring data must be submitted online by March 31, 2023, if your facility is required to:
Meet federal effluent limits within Sectors A, C, D, E, J, O, and S (find a full list of activities required to meet federal effluent limits in Part III.C.2 Table 3 of the MSGP, TXR050000.
Meet numeric effluent limits for hazardous metals and report because of an exceedance.
Conduct benchmark monitoring.
Source: TCEQ
U.S. EPA Approved the 2022 NPS Management Program
September 9, 2022
The 2022 Texas Nonpoint Source Management Program was adopted by the TCEQ Commissioners on December 15, 2021, was submitted to the U.S. Environmental Protection Agency by the Texas Governor's office and was approved by EPA on August 29, 2022.
The 2022 Texas Nonpoint Source Management Program was developed jointly by TCEQ and TSSWCB and accomplishes the following:
• Incorporates the EPA's eight components of an effective program.
• Establishes long- and short-term goals for the program.
• Provides coordination of nonpoint source-related programs and activities conducted by federal, state, regional, and local entities.
• Prioritizes assessment, planning, and implementation activities in priority watersheds and aquifers.
Source: TECQ
30-Day Notice for the Opening of the Rebate Grants Program & Request for Comment on Proposed Program Criteria
September 8, 2022
The Texas Commission on Environmental Quality announces its 30-day notice for the opening of the Rebate Grants Program and is now inviting comments on the proposed program award and eligibility criteria.
Source: TCEQ
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HEALTH & SAFETY COMPLIANCE
Workplace Safety and Environmental Law Alert Blog: DOL Adopts an Expanded OSHA Severe Violator Enforcement Program September 16, 2022
The U.S. Department of Labor's Occupational Safety and Health Administration has announced expanded criteria for placement in its Severe Violator Enforcement Program (“SVEP”). The new criteria widen the scope of applicable violations to all hazards and OSHA standards while maintaining the Program’s focus on repeat offenders.
Source: Seyfarth Shaw
Your Hazmat Limited Quantities Cheat Sheet September 16, 2022
Taking advantage of exceptions to ship limited quantities of hazardous materials can save shippers time and money. Even in small quantities, these materials are subject to US and international regulations.
This guide for shippers details key exceptions and modal requirements that apply to limited quantities shipped by ground, air, or vessel.
Source: Lion
The IATA Dangerous Goods Regulations (DGR) 64th Edition Becomes Effective January 1, 2023
September 13, 2022
The IATA Dangerous Goods Regulations (DGR) 64th edition becomes effective January 1, 2023. Significant changes include:
Various additions and changes to the Dangerous Goods List (IATA DGR 4.2).
Many revised Packing Instructions (PI).
Revised classification provisions for self-reactives, organic peroxides, and corrosives.
Removal of the lithium battery test summary requirement for button cells in equipment.
Removal of the phone number requirement on the lithium battery handling mark.
New package performance requirements for shipments prepared under Section IB of Packing Instructions (PI) 965 and 968 for lithium batteries and cells.
Revision to PI 966, 967, 969, and 970 to specify requirements for securing packages in overpacks for lithium batteries in or with equipment.
Revised per-package quantity limits for certain batteries and cells (UN 2794, 2795, 3292).
Clarified requirements for dangerous goods in excepted quantities.
IATA is also extending the transitional period for the statement of the dangerous goods on the airwaybill until December 31, 2024 (two additional years).
Source: IATA
PHMSA Seeking Comments on Electronic Hazard Communication
September 8, 2022
PHMSA is considering revising the Hazardous Materials Regulations, which would authorize a performance-based electronic communication alternative to the existing physical, paper-based hazard communication requirement. This potential revision would enable and promote the use of electronic hazard communication. The term “hazard communication” in this case refers to shipping papers, train consists, dangerous goods manifests, notifications to the pilot in command, emergency response information, Special Permits, approvals, and registrations.
The 49CFR currently requires that hazard communication be maintained as physical, printed documents during transportation, for example, see 177.817 (e). The revision being discussed could essentially supplement, or potentially replace the existing paper-based hazard communication system, and offer opportunities for improved emergency response and oversight, as well as increased efficiency in the operations of transportation networks. The purpose of this potential revision is to improve transportation safety, productivity, and effectiveness by providing electronic access to the same required information currently contained in hazard communication documents. Prior to this, PHMSA considered various alternatives to current requirements for paper-based hazardous materials documentation, primarily focusing on electronic shipping papers. Previous activities related to electronic shipping papers that are also being revisited include:
(1) The Environmental Protection Agency (EPA) Hazardous Waste E-Manifest
(2) Current DOT-SPs for electronic hazard communications information used in highway and rail transportation
(3) The Hazardous Materials Automated Cargo Communications for Efficient and Safety Shipments (HM-ACCESS) pilot project
(4) Integrated Communications, Information, and Support Platform for Hazardous Materials Stakeholders Across Multiple Modes (HazSMART) research, and
(5) Transport Canada’s (TC) ongoing Regulatory Sandbox on Electronic Shipping Documents.
Source: DOT/PHMSA
EPA Proposes to Designate CERCLA Hazardous Substances
September 7, 2022
EPA is proposing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under CERCLA.
Source: EPA
CSB Provides Guidance on Accidental Release Reporting Rule
September 1, 2022
The U.S. Chemical Safety Board (CSB) has released guidance on the agency’s “Accidental Release Reporting Rule,” which went into effect in March 2020. The new guidance is provided so that owners and operators of facilities involved in the production, processing, handling, or storage of chemical substances may better understand the rule and comply with the requirement to submit a report to the CSB within eight hours after an accidental release has occurred that results in a fatality, serious injury, or substantial property damage.
The CSB’s guidance document clarifies key terms found in the reporting regulation, such as what constitutes regulated substances for the reporting requirement and the threshold amounts related to property damage for which reporting is required. The guidance also addresses specific scenarios and emphasizes that if an owner or operator is unsure about whether to report a release to the CSB, they should do so, rather than risk violating the rule by failing to report. The guidance makes clear that while there is no sanction for reporting an accidental release that, in retrospect, did not have to be reported, the failure to make a required report could result in an enforcement action.
Source: CSB
SUSTAINABILITY, ESG, AND CLIMATE ACTION
Energy & Environmental Legal News from the National Law Review
September 20, 2022
The Inflation Reduction Act of 2022 (“IRA”) signifies a turning point in domestic efforts to tackle climate change. Within the multibillion-dollar package are robust investments in climate mitigation initiatives, such as production tax credits, investment tax credits for battery and solar cell manufacturers, tax credits for new and used electric vehicles (“EV”), automaker facility transition grants, and additional financing for the construction of new electric vehicle manufacturing facilities.
The IRA’s focus on stimulating domestic production of electric vehicles means that the marketplace for electric vehicles will see a dramatic change. The Biden Administration has set an ambitious target of 50% of EV sale shares in the U.S. by 2030.
Source: The National Law Review
G7 Company Emissions Falling Short of Global Climate Goal, Study Shows
September 6, 2022
Companies in the Group of Seven (G7) economies are failing to meet Paris Climate Agreement objectives, non-profit disclosure platform CDP and global management consultancy Oliver Wyman said on Tuesday, based on current corporate pledges to cut emissions.
Under the global 2015 Paris deal, countries agreed to cut greenhouse gas emissions fast enough to limit global warming to 2 degrees Celsius (°C) and aim to keep the rise below 1.5°C, which scientists say would avert some of its worst effects.
Across the G7, which consists of Britain, Canada, France, Germany, Italy, Japan, and the United States, corporate emissions targets are overall on a 2.7°C warming trajectory, CDP and Oliver Wyman analysis showed.
Source: Reuters