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Construction Stormwater Permit 2022 and More ...

Updated: Aug 16


ENVIRONMENTAL COMPLIANCE


Federal


Top U.S. Oil States Vie for Carbon Capture Oversight to Speed Up Permits

January 28, 2022


Companies are proposing carbon capture and storage (CCS) hubs to sequester greenhouse gas emissions from refineries, and chemical and natural gas plants, a move that could help slow global warming.


The rules governing the carbon injection wells for most states require federal approval with the first permits taking around six years to win a green light.


Oil states, including Texas and Louisiana, want to take over permit reviews and enforcement authority, also known as primacy, from the U.S. Environmental Protection Agency (EPA) for carbon dioxide (CO2) and other greenhouse gas storage sites.


The third-largest oil-producing state, North Dakota, won oversight in 2018 and issued its first permit last year after an eight-month review. New Mexico, the second-largest oil producer after Texas, has begun initial discussions with the EPA for applying to regulate carbon sequestration wells, an official said.


Source: EPA


Free Technical Assistance Webinars for Small Wastewater Treatment Systems

January 26, 2022


EPA is conducting free webinars for owners and operators of publicly owned treatment works (POTWs) on Jan. 27, Feb. 17, March 31, and April 28, from noon to 1:30 p.m. This series of technical assistance webinars on best practices for optimizing performance can help WWTP operators understand the root causes of common problems will provide suggestions and resources to help you fine-tune operations and fix non-compliance problems.


Source: EPA


EPA Issues 2022 General Permit for Stormwater Discharges from Construction Activities

January 24, 2022


EPA is finalizing the 2022 General Permit for Stormwater Discharges from Construction Activities (2022 CGP) to replace the 2017 CGP that expires on February 16, 2022. The 2022 CGP includes changes to improve the clarity of the permit (e.g., differentiating between routine maintenance and corrective action, including additional stormwater control design considerations, clarifying requirements for inspections during storm events) and changes that add specificity to the permit requirements (e.g., including additional perimeter control installation and maintenance requirements, updating pollution prevention requirements for chemicals used and stored on-site, specifying new dewatering discharge requirements, requiring turbidity benchmark monitoring for sites discharging dewatering water to sensitive waters). The 2022 CGP is effective February 17, 2022, and operators with permit coverage under the 2017 CGP have until May 18, 2022, to submit a new notice of intent for coverage under the 2022 CGP.


Source: EPA


Expansion of Significant New Alternatives Policy Program

January 21, 2022


EPA is issuing a determination that expands the list of acceptable substitutes pursuant to their Significant New Alternatives Policy program. This action lists as acceptable, additional substitutes for use in the refrigeration and air conditioning; foam blowing; aerosols; cleaning solvents; and adhesives, coatings, and inks sectors. (40 CFR 82)


Source: Dakota Software


Big Money: OSHA and EPA Civil Penalties Increase for 2022

January 20, 2022


The EPA has now finalized the 2022 inflation adjustments, which increases penalties as follows:

  • Clean Air Act - Daily: $51,796 – $109,024

  • Maximum (per violation): $414,364

  • Clean Water Act - Daily: $23,989 – $59,973

  • Maximum (per violation): $299,857

  • RCRA - Daily: $62,689 – $109,024

  • CERCLA - Daily: (including EPCRA) -$62,689

  • Maximum (per violation): $188,069

Source: Seyfarth


Texas


Ambient Air Monitoring: Natural Disasters and Industrial Accidents 2017 to 2021

January 28, 2022


A recent TCEQ report on extended air monitoring after emergency events shows that industrial facilities experiencing shutdowns and startups related to natural disasters do not restart their operations all at once.


This finding, combined with the scarcity of air quality impacts found in the data, suggests that wide-scale regional deployment of agency personnel to conduct prolonged handheld air quality and mobile monitoring of affected areas during startup operations is often unnecessary.


A key finding of the report is that, of the 3.6 million monitoring data points collected after hurricanes and other natural events, only 23 measurements were higher than a health-based comparison value. These chemical concentrations were only slightly higher than their comparison value and exposure would not be expected to cause health effects.


However, the analysis indicates that continued monitoring of air quality during and after an industrial incident, with mobile vans and handheld devices, will generally remain necessary.


Source: TCEQ


Industrial and Hazardous Waste Generation Fees for 2022

January 25, 2022


Follow the link for a recap of the fees TCEQ will assess for waste generated during the reporting year 2022.


Source: TCEQ


Texas RCRA Update Rule Takes Effect February 3, 2022

January 20, 2022


Critical updates from EPA's Generator Improvements Rule include stricter on-site management standards and contingency plan requirements for generators, new container marking rules, and a re-notification requirement for small quantity generators. Texas will also adopt new rules for an episodic generation. TCEQ will add aerosol cans to the state universal waste program, adopt new regulations related to electronic Manifests, revise the RCRA recycling provisions and definition of solid waste (DSW), and implement new management standards for hazardous waste pharmaceuticals.


Source: TCEQ


TCEQ IHW Management Fees Increase

January 11, 2022


In November 2021, the TCEQ adopted regulations to revise the hazardous and Class 1 industrial waste management fees. The IHW management fee will increase by 12% for waste managed on or after March 1, 2022. This increase will be reflected in the March monthly report, due by April 25, 2022. The fee increase includes Class 1 industrial waste disposed of at an MSW landfill. The updated fees for Class 1 industrial waste disposal at an MSW landfill are $6.72 for in-state and $8.40 for out-of-state.


Source: TCEQ


TCEQ Tier II Reporting Program- 2021 Annual Reports

January 10, 2022


A reminder that the annual TCEQ Tier II Reports for reporting the year 2021 are due by March 1, 2022. See the attached Tier II Reporting Quick Start Guide for more information, training classes, and other resources to help you get started on your 2021 Annual Report. The new Tier II Help Form is the fastest way to receive assistance from Tier II Staff.


Source: TCEQ


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HEALTH & SAFETY COMPLIANCE


How Do I Ship a Lithium Battery

January 28, 2022


Four questions to answer to know how to properly ship lithium batteries:

1 - Is it a lithium-metal or lithium-ion battery?

2 - Is the battery fully regulated or excepted?

3 - How will the battery be shipped?

4 - What mode of transport will be used?


Source: Lion


Federal OSHA withdraws its COVID-19 Vaccination and Testing, Emergency Temporary Standard

January 26, 2022


After evaluating the Supreme Court’s decision, OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard. Although OSHA is withdrawing the Vaccination and Testing ETS as an enforceable emergency temporary standard, OSHA is not withdrawing the ETS to the extent that it serves as a proposed rule.


Source: OSHA


DOT PHMSA Extends Enforcement Discretion for HazMat Cylinders

January 21, 2022


PHMSA alerted stakeholders recently that they will extend their enforcement discretion for cylinders until May 16, 2022. PHMSA issued the policy in April 2020 in response to unprecedented supply chain pressures and uncertainty during the first weeks of the COVID-19 pandemic. The enforcement discretion has been extended several times since then.


Source: DOT/ PHMSA


Coast Guard and USPS Increase HazMat Shipping Civil Penalties

January 17, 2022


The US Coast Guard and the US Postal Service (USPS) increased civil penalties for violations of hazardous materials shipping regulations in vessel transportation and in the mail system, respectively.


The new minimum and maximum civil penalty figures are effective as of January 11. For hazmat violations related to vessels, the maximum civil penalty increased from $84,425 to $89,678 per day, per violation. For violations that result in death, serious injury, or substantial property damage, the maximum civil penalty increased from $196,992 to $209,249 per day, per violation. The minimum civil penalty for a hazmat training violation increased from $508 to $540 per employee, per day.


Effective January 12, a maximum civil penalty of $137,060 per violation will apply to:

Persons who knowingly mail nonmailable hazardous materials; and/or

Persons who fail to follow postal laws on mailing hazardous materials.

The minimum civil penalty for these violations is now $344 per violation.


Source: USCG/ USPS


Big Change Coming in 2022 for Lithium Batteries

December 14, 2021


Lithium batteries have, for the past few years, been divided into high and low-powered types. High-powered lithium batteries must be transported as normal dangerous goods, in Class 9. On the other hand, low-powered lithium batteries are excepted from many of the requirements of the regulations. In most regulations, such as the US Title 49 of the Code of Federal Regulations (49 CFR) Canada’s “Transportation of Dangerous Goods Regulations” (TDGR), this two-pronged approach is pretty straightforward. However, by air under the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations (IATA DGR), it’s been a little more complicated, particularly when dealing with standalone batteries not installed in or accompanied by equipment in the same package.


Source: ICC


In Effect Now: 2022 IATA Dangerous Goods Regulations

January 2, 2022


IATA’s 63rd Edition Dangerous Goods Regulations (DGR) took effect on January 1, 2022. Updates include:

  • Several revisions to the Section 4.2 List of Dangerous Goods.

  • Updated information in various appendices, including Appendix H–Training Guidelines.

  • The addition of Appendix I to detail future IATA DGR changes.

  • Clarification of the territories subject to State Variations in 2.8.1.

  • Added flexibility for shippers “removing” a Cargo Aircraft Only (CAO) label.

  • New rules for radionuclides (or mixtures) for which relevant data are not available.

  • A change concerning shipping papers for radioactive materials.

Source: Lion


SUSTAINABILITY, ESG, AND CLIMATE ACTION


Leading Science and Industry Bodies Partner with TNFD

January 25, 2022


The Taskforce on Nature-related Financial Disclosures (TNFD) is working with a multi-disciplinary group of leading international organizations that will support its task of developing integrated risk management and disclosure framework for nature-related risks. Building on the expertise and existing definitions, data, analytical tools, and disclosure standards these partners have developed, the TNFD framework will provide companies and investors with decision-useful information to help shift the flow of global capital to nature-positive outcomes.


Source: TNFD


How to Prepare for a Sustainable Future Along the Value Chain

January 20, 2022


Effectively implementing the envisaged sustainability goals is an all-encompassing organizational challenge and often means change for both the product portfolio and the organization, including its culture. Given the scope

involved, it is not enough to launch individual initiatives sporadically and hope for success. Instead, sustainability must be seen for what it is: a transformation of company operations spanning the entire supply chain. This article shares four critical elements.


Source: McKinsey


Companies Worry U.S. SEC Climate Rule May Require Broad Emissions Disclosures

January 20, 2022


Last year, the Securities and Exchange Commission (SEC) started working on a new rule requiring U.S.-listed companies to provide investors with detailed disclosures on how climate change could affect their business.


The rule is part of a broader effort by Democratic President Joe Biden's administration to address climate change challenges and cut greenhouse gas emissions 50-52% by 2030 compared to 2005 levels, an ambitious pledge that will require every federal agency to do its part.


Source: Reuters


Dow Jones Launches Sustainability Data to Optimize Global Environmental, Social and Governance (ESG) Investing

January 19, 2022


Dow Jones has launched sustainability data to help the global financial community understand the performance and impact of a company's Environmental, Social and Governance (ESG) practices. The new data set provides sustainability scores and sentiment on more than 6,000 publicly traded companies. The scoring model is aligned with the Sustainability Accounting Standards Board (SASB) Standards, covering five sustainability dimensions and 26 categories.


Source: Dow Jones


Global Energy Transition to Cause Short-Term Economic Pain-Report

January 19, 2022


The transition to clean energy required to prevent temperatures from rising swiftly could shave 2% off global GDP by 2050 but is likely recoverable before the end of the century, a report by natural resources consultancy Wood Mackenzie said on January 20. While investments in technologies like solar and wind farms, advanced batteries will generate jobs, the transition will also likely cause a loss of jobs and tax revenues in fossil fuel production, said the report called "No Pain, No Gain: The economic consequences of accelerating the energy transition".


Source: Reuters


SBTi Climate Action in 2022

January 12, 2022


The Science Based Targets initiative (SBTi) has initiated a detailed action plan for 2022 that will continue to drive exponential growth in robust science-based targets. Focus is on scaling adoption of science-based targets by companies and financial institutions in key sectors and geographies; and, importantly, holding these organizations accountable for delivering on their targets.


Source: SBTi


Carbon Offset Prices Could Increase Fifty-Fold by 2050

January 10, 2022


Rices for carbon offsets – verified emissions reductions equivalent to one ton of carbon each – could be as high as $120/ton or as low as $47/ton in 2050, according to research company BloombergNEF (BNEF). The outcome will mostly depend on what types of supply are eligible to meet the rapidly expanding universe of sustainability goals, as well as who the primary customers are in the market, finds BNEF’s inaugural Long-Term Carbon Offset Outlook 2022.


Source: Bloomberg NEF


EU Drafts Plan to Label Gas and Nuclear Investments as Green

January 2, 2022


The European Union has drawn up plans to label some natural gas and nuclear energy projects as "green" investments after a year-long battle between governments over which investments are truly climate-friendly.


The European Commission is expected to propose rules in January deciding whether gas and nuclear projects will be included in the EU "sustainable finance taxonomy".


Source: Reuters


ESG Today Year in Review: 2021 Sets the Stage for ESG Acceleration

December 30, 2021


Looking forward, the developments of the past few years have set the stage for a significant ramp in ESG initiatives, investments, and financing. The biggest ESG roadblocks are fading, massive amounts of capital committed by investors and finance providers are poised for deployment, and consumer, government, company, and financial sector sustainability sophistication is growing.


Source: ESG Today

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