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Summary of Federal Rules and Standards Changes with Impact in 2016
Linked Table of Contents
Page i
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
U.S. Environmental Protection Agency (USEPA)
AIR
Greenhouse Gas (GHG) Reporting for Petroleum and Natural Gas Systems
Guidance for Significant GHG Emitters – Prevention of Significant Deterioration (PSD) and Title V Permitting
Final Clean Power Plan (CPP) Rule to Reduce GHG Emissions from Power Plants
Oil and Natural Gas Industry Sector: Proposed Emission Reductions and Permitting Requirements
USEPA Establishes Data Requirements for Implementing the 2010 Standards for Sulfur Dioxide (SO2)
Revised Dispersion Modeling Guidance
Updates to the 2008 Ozone NAAQS
Cross-State Air Pollution Rule (CSAPR) Update Rule
Updates to the 2012 PM2.5 NAAQS
Proposed Amendments to Refrigerant Management Requirements
USEPA Finalizes the Boiler Maximum Achievable Control Technology (MACT) Reconsideration Rules
Updates to the NESHAPs or New Source Performance Standards (NSPSs) by Industry Type
2015 Court Decisions of Interest
WATER
2015 Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity Issued
National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule
Update on the Final Clean Water Rule: Definition of “Waters of the United States”
Steam Electric Power Generating Point Source Category – Revised
Clean Water Act Methods Update Rule for the Analysis of Effluent
Proposed Pretreatment Standards for the Oil and Gas Extraction Point Source Category
Drinking Water Contaminant Candidate Lists (CCL) – Update
TANKS
Final Revised Regulations for Underground Storage Tanks (USTs)
WASTE
Disposal of Coal Combustion Residuals (CCR) from Electric Utilities Final Rule
Definition of Solid Waste (DSW) Final Rule
Proposed Improvements to Hazardous Waste Generator Regulations
Proposed Management Standards for Hazardous Waste Pharmaceuticals
Proposed Additions to the Non-Hazardous Secondary Materials (NHSM) Rule
HAZARDOUS CHEMICALS
Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 Toxic Release Inventory (TRI) – Addition of 1-Bromopropane
EPCRA Section 313 TRI – Addition of a Nonylphenol
Category
EPCRA Section 313 TRI – Denial of Petition to Remove Ethylene Glycol Monobutyl Ether (EGBE) from Certain Glycol Ethers Category
EPCRA Section 313 TRI – Petition to Add the Oil & Gas Extraction Industrial Sector to the List of Sectors Required to Report
Chemical Facility Anti-Terrorism Standards (CFATS): Guidance for the Expedited Approval Program
2016 Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR)
TSCA Significant New Use Rules (SNUR) for Chemical Substances
TSCA Proposed Formaldehyde Standards for Composite Wood Products Act
TSCA Proposed Nanoscale Chemical Substances/Reporting and Recordkeeping Rule
TSCA Modernization Act of 2015
Summary of Federal Rules and Standards Changes with Impact in 2016
Linked Table of Contents
Page ii
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
Occupational Safety and Health Administration (OSHA)
Globally Harmonized System of Classification and Labeling of Chemicals (GHS) Standard – Deadlines
Process Safety Management (PSM) Updates
Revised Interpretation for Retail Establishments
New Interpretation for Covered Concentrations of Highly Hazardous Chemicals
OSHA Rules Anticipated For 2016
Occupational Exposure to Crystalline Silica
Tracking of Workplace Injuries and Illnesses
Updating OSHA Consensus Standards for Eye and Face Protection
OSHA’s FY2015 Top 10 Cited Violations
Pipeline and Hazardous Materials Safety
Administration (PHMSA)
Proposed Safety Regulations for Hazardous Liquid Pipelines
Policies and Standards
National Enforcement Initiatives (NEIs) for Fiscal Year (FY) 2017-2019
USEPA Updated Audit Policy – eDisclosure
Update on International Standards Organization (ISO) 14001, 9001, and 45001
Sustainability Accounting Standards Board (SASB)
Summary of Federal Rules and Standards Changes with Impact in 2016
Page 1
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
USEPA
AIR
Greenhouse Gas (GHG) Reporting for Petroleum and Natural Gas Systems
Effective January 1, 2016, the USEPA finalized revisions and confidentiality determinations for the petroleum and natural gas systems source category of the GHG Reporting Rule. Rule revisions include adding calculation methods and reporting requirements for GHG emissions from:
Gathering and boosting facilities;
Completions and workovers of oil wells with hydraulic fracturing; and
Blowdowns of natural gas transmission pipelines between compressor stations.
The revisions also include adding well identification reporting requirements for better verification and transparency of reported data. Operators should begin tracking GHG emissions in 2016 for reporting due March 1, 2017. The new rule also finalizes confidentiality determinations for new data elements contained in these amendments; and some confidential reporting data may be eligible for a two-year reporting deferral.
For more information visit: https://www.federalregister.gov/articles/2015/10/22/2015-25840/greenhouse-gas-reporting-rule-2015-revisions-and-confidentiality-determinations-for-petroleum
Guidance for Significant GHG Emitters – Prevention of Significant Deterioration (PSD) and Title V Permitting
On June 23, 2014, the U.S. Supreme Court ruled that the USEPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD or Title V permit. The Court also held that PSD permits that are otherwise required (based on emissions of other pollutants) may continue to require limitations on GHG emissions based on the application of Best Available Control Technology (BACT).
As a result of this ruling and the amended appeals court judgment in Coalition for Responsible Regulation (Coalition) v. USEPA vacating that rule, the USEPA issued a direct final rule
on May 7, 2015 for Rescission of Tailoring Rule Step 2 Permits. This rule authorizes the USEPA and delegated reviewing authorities to rescind Step 2 PSD permits in response to requests from applicants who can demonstrate that they are eligible for permit rescission. Facilities that received GHG emission-based PSD permits under Step 2 of the Tailoring Rule should consider contacting the appropriate permitting Agency to determine if they are eligible to have their PSD permit rescinded.
For more information visit: https://www.federalregister.gov/articles/2015/05/07/2015-10628/prevention-of-significant-deterioration-permitting-for-greenhouse-gases
Final Clean Power Plan (CPP) Rule to Reduce GHG Emissions From Power Plants
On August 3, 2015, the USEPA issued the final CPP Rule with a goal of reducing GHG emissions from Electric Generating Units (EGUs). Highlights of the CPP Rule include:
USEPA will set a national goal for emission reductions, and give states, tribes and U.S. territories flexibility on how to meet the goals.
Draft State Implementation Plans (SIPs) detailing the strategy and tactics for achieving CPP goals must be prepared and submitted by September 6, 2016 unless a two-year extension is granted. Stakeholders, especially existing power generators and developers, must work with their respective states to determine their roles and responsibilities for emissions reductions. The interim compliance period runs from 2022 through 2029, with final compliance in 2030.
Assuming full implementation, carbon dioxide (CO2) emissions from power plants would be reduced by 32% from 2005 levels.
For more information on the CPP Rule visit: http://www.epa.gov/cleanpowerplan/clean-power-plan-existing-power-plants
Oil and Natural Gas Industry Sector: Proposed Emission Reductions and Permitting Requirements
Consistent with the White House Methane Strategy and USEPA’s approach to achieve methane and volatile organic compounds (VOC) reductions from the oil and natural gas
Summary of Federal Rules and Standards Changes with Impact in 2016
Page 2
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
sector, the USEPA proposed several regulations on August 18, 2015 that together reduce toxic and GHG emissions and provide clarity concerning Clean Air Act (CAA) permitting requirements for the oil and natural gas industry. The proposed regulations include the following:
Updates to the 2012 New Source Performance Standards (NSPS) Subpart OOOO that would set methane and VOC requirements for additional new and modified sources. Examples of controls that the NSPS update will require are: (1) finding and repairing leaks, (2) capturing natural gas from the completion of hydraulically fractured oil wells, i.e., “reduced emissions completion” or “green completion,” and (3) limiting emissions from new and modified pneumatic pumps, compressors and pneumatic controllers.
Draft guidelines for reducing VOC emissions from existing oil and gas sources in certain ozone nonattainment areas as well as in the mid-Atlantic and northeastern Ozone Transport Region. The draft guidelines, called Control Technique Guidelines, are not yet rules, but states may adopt them as regulations for existing sources, depending on state emission control strategies. These Reasonably Available Control Technology (RACT) recommendations include controls similar to the 2012 NSPS for storage tanks, pneumatic controllers, pneumatic pumps, centrifugal and reciprocating compressors, equipment leaks from natural gas processing plants, and other equipment leaks that are known as “fugitive emissions.”
Updates to clarify the agency’s air permitting rules as they apply to the oil and natural gas industry, including proposing to define the term “adjacent,” which is one of three factors used to determine whether oil and gas equipment and activities are considered part of a source that is subject to major source permitting requirements under the CAA permitting programs.
A proposed Federal Implementation Plan to implement minor New Source Review permitting in Indian country.
The comment period for the proposed rules ended on December 4, 2015 and the NSPS update is anticipated to become final in 2016.
For more information visit: http://www3.epa.gov/airquality/oilandgas/actions.html
USEPA Establishes Data Requirements for Implementing the 2010 Standards for Sulfur Dioxide (SO2)
On August 21, 2015, the USEPA published the final SO2 Data Requirements Rule (DRR). The DRR requires that state and tribal air agencies (air agencies) provide data to the USEPA that will be used to characterize one hour average SO2 concentrations near large sources of emissions. These data will be used to demonstrate compliance with the 1-hour average National Ambient Air Quality Standards (NAAQS). The final DRR:
Establishes 2,000 tons per year (tpy) of actual emissions as the minimum that air agencies must consider for identifying large sources of SO2 emissions;
Extends the due date for air agencies to submit monitoring plans or modeling protocols for areas and sources to be evaluated; and
Gives air agencies flexibility in determining which sources and areas must be characterized via ambient air monitoring or modeling procedures or reduce emissions to avoid the rule requirements.
For more information on this rule and the USEPA’s implementation schedule, visit TRC’s website at: http://www.trcsolutions.com/resources/regulatory-update/so2-data-requirements-rule-is-final
For additional information visit: http://www3.epa.gov/airquality/sulfurdioxide/implement.html
Revised Dispersion Modeling Guidance
On July 29, 2015, the USEPA proposed revisions to 40 CFR Part 51, Appendix W, Guidelines on Air Quality Models. Appendix W provides guidance to air contaminant dispersion modelers who estimate the impacts of facility emission rates on the ambient air. The revisions address technical issues in a manner that may help facilities refine their modeled impacts.
The revisions include the publication of a new version of the standard AERMOD model, which is USEPA’s preferred dispersion model for most facilities. The new version includes the following proposed changes:
Corrects the over-prediction of certain modeling scenarios (e.g., low wind speeds conditions and tall stacks near small urban areas).
Summary of Federal Rules and Standards Changes with Impact in 2016
Page 3
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
Promotes previously non-default nitrogen dioxide screening approaches coded in the model (e.g., ambient ratio methods, ozone limiting methods, plume volume molar ratio method) to default options which will eliminate the need to justify their use each time.
Eliminates the need to use separate models for assessing impacts from buoyant line sources and mobile sources.
Removes the only preferred long-range transport model (CALPUFF) from the current Appendix W without a replacement. Thus, projects with potential significant impacts beyond 50 kilometers will require case-by-case negotiation of modeling procedures with state and federal regulators.
Proposes a two-tiered approach to modeling secondary impacts to ozone and fine particulate matter (PM2.5), although the first tier of the analyses has not yet been proposed. Tier two modeling will require additional permit preparation time to develop a protocol and secure agency approval.
Appendix W revisions are expected to become final in mid-2016.
For more information visit: http://www3.epa.gov/scram001/guidance_permit.htm
http://www.trcsolutions.com/resources/regulatory-update/the-new-path-forward-epas-proposed-revision-of-the-guideline-on-air-quality-models
Updates to the 2008 Ozone NAAQS
In the October 26, 2015 Federal Register, the USEPA published a rule to revise the Primary and Secondary NAAQS for ground-level ozone to 70 parts per billion (ppb). The final rule is effective on December 28, 2015. States and areas designated “nonattainment,” are required to develop SIPs to attain the standard. Nonattainment areas will have until 2020 to late 2037 to meet the health standard.
For more information on the revised ozone standard visit: http://www3.epa.gov/ozonepollution/actions.html
Cross-State Air Pollution Rule (CSAPR) Update Rule
In another action related to meeting the 2008 ozone standard described above, the USEPA proposed an update to the CSAPR ozone season program by issuing the CSAPR Update Rule on November 16, 2015. Starting in 2017, this proposal would reduce summertime emissions of oxides of nitrogen (NOX)
from power plants in 23 states in the eastern half of the U.S. The CSAPR Update Rule would reduce air quality impacts of the interstate transport of air pollution on downwind areas’ ability to meet the 2008 ozone standard, and it also responds to the July 2015 remand of certain CSAPR budgets by the United States Court of Appeals for the D.C. Circuit. The comment period for this proposed rule was extended to February 1, 2016.
For more information on the CSAPR Update Rule visit: http://www.epa.gov/airmarkets/proposed-cross-state-air-pollution-update-rule
Updates to the 2012 PM2.5 NAAQS
On March 31, 2015, the USEPA issued an updated initial area designation and technical amendments for the 2012 annual NAAQS for PM2.5. The USEPA designates/re-designates areas as “nonattainment” (not meeting the standard or contributing to a nearby violation), “unclassifiable/attainment” (meeting the standard or expected to be meeting the standard and not contributing to a nearby violation), or “unclassifiable” (insufficient information to classify).
For more information on the PM2.5 area designations visit: http://www3.epa.gov/pmdesignations/2012standards/regs.htm
Proposed Amendments to Refrigerant Management Requirements
On November 9, 2015, the USEPA proposed a rule to revise the refrigerant management program requirements of Section 608 of the CAA. Changes to the regulation include: (1) lowering the leak rate threshold requiring repair for systems normally containing at least 50 pounds (lbs) of refrigerant; (2) requiring annual inspections for systems containing at least 50 lbs of refrigerant; (3) prohibiting operation of systems containing at least 50 lbs of refrigerants that have leaked 75% or more of their full charge for two consecutive years; (4) requiring technicians to keep records of refrigerant recovered during system disposal from systems with a charge size of 5 to 50 lbs; and (5) extending the program to include non-ozone-depleting substitute refrigerants, such as hydrofluorocarbons (HFCs). The comment period has been extended to January 25, 2016.
For more information visit: http://www.epa.gov/snap/608-proposal
Summary of Federal Rules and Standards Changes with Impact in 2016
Page 4
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
USEPA Finalizes the Boiler Maximum Achievable Control Technology (MACT) Reconsideration Rules
The USEPA recently finalized its reconsideration of the air toxic standards that limit hazardous air pollutant emissions from large (major) industrial, commercial, and institutional boilers and process heaters. The final action addressed a number of technical corrections and clarifications of the rule known as the Boiler MACT [National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart DDDDD]. The final rule was published in the Federal Register on November 20, 2015. In the final reconsideration rule the USEPA:
Retained the three reconsidered provisions:
- Finalized the proposed alternate definitions of startup and shutdown and the proposed alternative work practice standards that must be employed during those periods;
- Maintained carbon monoxide (CO) emission limits as originally promulgated; and
- Made minor changes to the requirements for PM continuous parametric monitoring systems (CPMS).
Included a number of clarifying changes and corrections to the final rule to provide accuracy, clarity and consistency; and
Removed the affirmative defense provision (§63.7501) from the final rule, in light of the recent Court decision vacating the provision in the Portland Cement NESHAP.
Although the rule included a number of changes, the compliance date of January 31, 2016, for existing sources did not change.
Some important compliance deadlines for existing units to keep in mind for 2016 are:
January 31, 2016: Install monitoring equipment, complete energy assessment, and conduct initial tune-ups.
July 29, 2016 (no later than 180 days after compliance date): Final date to conduct an Initial Compliance Demonstration [which includes performance tests, fuel analyses, and Continuous Monitoring Systems (CMS) performance evaluation].
60 days prior to stack tests: Submit a Notification of Intent to Conduct Performance Test and develop a Site-Specific Stack Test Plan.
60 days prior to the initial performance stack test: Submit a Notification of CMS Performance Evaluation and develop a Performance Evaluation Test Plan for all CMS.
60 days after performance test and/or completion of all initial compliance demonstrations: Submit a Notification of Compliance Status.
For additional information on the Boiler MACT reconsideration rule, visit: http://www3.epa.gov/ttn/atw/boiler/boilerpg.html
Updates to the NESHAPs or New Source Performance Standards (NSPSs) by Industry Type
In addition to those already mentioned, modifications to several other NESHAPs or NSPSs for certain industry types were proposed or finalized in 2015. A selection of these, with links for more information, are listed below:
Aerospace Manufacturing and Rework Facilities – Final Rule effective December 7, 2015 (NESHAP Subpart GG): http://www3.epa.gov/airtoxics/aerosp/aeropg.html
Petroleum Refinery Sector – Final rule effective February 1, 2016 (NESHAP Subparts A, Y, CC, and UUU and NSPS Subparts J and Ja): http://www3.epa.gov/ttn/atw/petref.html
Brick and Structural Clay Products Manufacturing (NESHAP Subpart JJJJJ) and Clay Ceramics Manufacturing (NESHAP Subpart KKKKK) – Final rule and technical corrections effective December 28, 2015: http://www3.epa.gov/ttn/atw/brick/brickpg.html
Primary Aluminum Production Plants (NESHAP Subpart LL) – Final rule effective October 15, 2015: http://www3.epa.gov/ttn/atw/alum/alumpg.html
Secondary Aluminum Production (NESHAP Subpart RRR) – Final rule effective September 18, 2015: http://www3.epa.gov/ttn/atw/alum2nd/alum2pg.html
Portland Cement Manufacturing (NESHAP Subpart LLL) – Technical corrections effective September 9, 2015: http://www3.epa.gov/airquality/cement/actions.html
Ferroalloys Production (NESHAP Subpart XXX) – Final rule effective June 30, 2015: http://www3.epa.gov/ttn/atw/ferroa/ferropg.html
Summary of Federal Rules and Standards Changes with Impact in 2016
Page 5
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
Off-site Waste and Recovery Operations (NESHAP Subpart DD) – Final rule effective March 18, 2015: http://www3.epa.gov/ttn/atw/offwaste/oswropg.html
Mineral Wool (NESHAP Subpart DDD) – Final rule awaiting publication in Federal Register: http://epa.gov/ttn/atw/minwool/minwopg.html
Stationary Compression Ignition Internal Combustion Engines (NSPS Subpart IIII) – Proposed November 6, 2015: http://www3.epa.gov/ttn/atw/icengines/
Area Source Boilers (NESHAP Subpart JJJJJJ) – Reconsideration proposed January 21, 2015: http://www3.epa.gov/ttn/atw/boiler/boilerpg.html
NSPS Electronic Reporting and Recordkeeping Requirements (NSPS General Provisions) – Proposed March 20, 2015: http://www3.epa.gov/ttn/atw/ereporting/20150302aerrproposal.pdf
2015 Court Decisions of Interest
Delaware v. USEPA: Emergency Generators
On May 1, 2015, the D.C. Circuit Court ruled that the USEPA acted arbitrarily and capriciously in allowing backup generators, subject to federal emissions standards (i.e., Reciprocating Internal Compression Engine (RICE) MACT and NSPS), to operate without controls for 100 hours per year. In its federal standards issued January 30, 2013, the USEPA allowed this control exemption for emergency demand use as well as maintenance testing. The case focused on emergency demand operation and the ruling has since been clarified to vacate the 100-hour exemption only for emergency demand use. Operators should be aware that the older 15-hour exemption is still in place until the issue is resolved.
For more information visit: http://www3.epa.gov/ttn/atw/icengines/rule.html
Michigan v. USEPA: Mercury and Air Toxics Standards (MATS)
In June 2015, the US Supreme Court found that the USEPA did not suitably consider the cost in their initial impact analysis of the MATS rule. This rule applies to coal-fired or oil-fired power plants, and limits emissions of heavy metals, including mercury and arsenic, and acid gases, including hydrogen chloride and hydrogen fluoride. The MATS remains in full effect (US Court of Appeals ruling on December 15,
2015) while USEPA suitably determines cost. On December 1, 2015, the USEPA published a notice in the Federal Register that consideration of cost does not change the agency’s determination that it is appropriate to regulate air toxics, including mercury, from power plants, in response to the Supreme Court ruling. The comment period is open for 30 days.
MATS compliance was required by April 16, 2015, unless a one-year extension was granted by the state agency.
For more information concerning the MATS for Power Plants, including a link to the proposed technical corrections memo, visit: http://www3.epa.gov/mats/actions.html
For more information on the Court ruling visit: http://www.supremecourt.gov/opinions/14pdf/14-46_bqmc.pdf
For more information concerning the Utility NESHAP (MATS) visit: http://www3.epa.gov/ttn/atw/utility/utilitypg.html
WATER
2015 Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity Issued
The USEPA MSGP for Stormwater Discharges Associated with Industrial Activity became effective on June 4, 2015. For areas in the state of Washington (except for Indian county) subject to industrial activity by a Federal Operator, the permit became effective on July 21, 2015. For the state of Idaho (except for Indian country) and for industrial activities on Spokane Tribe of Indians land, the permit became effective August 12, 2015. The USEPA MSGP applies in states and other areas of the country where the USEPA is the NPDES permitting authority. The 2015 MSGP does not affect industrial facilities located in states that have USEPA authorization to implement the NPDES stormwater program. Although, as states renew their own industrial storm water general permits, many will use the USEPA’s 2015 MSGP as guidance.
To be covered under the 2015 MSGP, facilities previously covered by the 2008 MSGP were to submit a Notice of Intent (NOI) by September 2, 2015 (with exceptions of the locations previously mentioned who have alternate deadlines). The 2015 provisions are similar to those issued in 2008 with changes that are intended to streamline permitting and Stormwater Pollution Prevention Plan (SWPPP) documentation; enhance environmental protections; and improve clarity. The most
Summary of Federal Rules and Standards Changes with Impact in 2016
Page 6
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
significant changes include: (1) requiring electronic submissions using the USEPA’s NPDES Electronic Reporting Tool (NeT); (2) making certain information from the SWPPP available to the public; (3) allowing comprehensive site inspection to be combined with routine facility inspections; (4) implementing specific deadlines for required corrective actions; (5) adding the Airport Deicing Effluent Limitation Guideline; and (6) adding saltwater benchmark values for metals. The first annual report is due by January 30, 2016.
For more information visit: http://www.epa.gov/npdes/stormwater-discharges-industrial-activities#msgp
National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule
The final NPDES Electronic Reporting Rule became effective on December 21, 2015. The rule requires regulated facilities to submit NPDES information electronically, including Notices of Intent (NOIs), Discharge Monitoring Reports (DMRs), and other required program reports. The requirements of the rule will be implemented in two phases over a five-year period. The first phase of implementation, which includes electronic submittal of DMRs by NPDES permittees, must be completed by December 21, 2016 (within one year of the effective date of the rule).
For more information visit: http://www.epa.gov/compliance/final-national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule
Update on the Final Clean Water Rule: Definition of “Waters of the United States”
Shortly after the US Army Corps of Engineers (USACE) and USEPA rule defining “Waters of the United States” (WOTUS) was published in the June 29, 2015 Federal Register, it was challenged in several federal district courts which came to different opinions regarding the filed petitions. On October 9, 2015, the US Court of Appeals for the 6th Circuit granted a petition filed by 18 states to stay the rule. As stated in the 6th Circuit Court’s ruling, the stay “preserves the status quo.” In other words, federal jurisdiction once again will be guided by the joint USACE/USEPA “Clean Water Act Jurisdiction Guidance” issued on December 8, 2008.
For more information, including details on the court rulings and USEPA and USACE responses, visit: http://www.trcsolutions.com/resources/regulatory-update/waters-of-the-united-states-back-to-2008
http://www.epa.gov/cleanwaterrule/final-clean-water-rule
Steam Electric Power Generating Point Source Category – Revised
A final rule for Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category was published the Federal Register on November 3, 2015. This rule revises the technology-based effluent limitations guidelines, new source performance standards, and pretreatment standards for new sources of wastewater discharges from steam electric power plants. This rule sets new or additional requirements for wastewater discharges from the following sources: flue gas desulfurization, fly ash, bottom ash, flue gas mercury control, and gasification of fuels such as coal petroleum coke. Steam electric power plants must comply with the revised regulation between 2018 and 2023, depending on the renewal date of the power plant’s wastewater discharge permit.
For more information visit: http://www.epa.gov/eg/steam-electric-power-generating-effluent-guidelines
Clean Water Act Methods Update Rule for the Analysis of Effluent
The USEPA is in the final rule stage of the Methods Update Rule which will revise the “Guidelines Establishing Test Procedures for the Analysis of Pollutants” in 40 CFR Part 136. The Method Update Rule revises analytical procedures and methods that are required to be used for reporting under the NPDES program, including amending the method detection limit (MDL) determination procedure. The proposed rule was published in the Federal Register on February 19, 2015 and is anticipated to be finalized in March 2016.
For more information visit: http://www.epa.gov/cwa-methods/methods-update-rule-2015
http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OW-2014-0797-0164
Summary of Federal Rules and Standards Changes with Impact in 2016
Page 7
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
Proposed Pretreatment Standards for the Oil and Gas Extraction Point Source Category
The USEPA has proposed adding pretreatment standards to the Effluent Limitations Guidelines and Standards for Oil and Gas Extraction Point Source Category under 40 CFR Part 435. The proposed rule is intended to prevent discharges of wastewater pollutants that could disrupt publicly-owned treatment works (POTWs) from existing and new onshore unconventional oil and natural gas (UOG) extraction facilities. The public comment period closed on July 17, 2015 and the final rule is anticipated to be published in August 2016.
For more information visit: http://www.epa.gov/eg/unconventional-extraction-oil-and-gas-industry
Drinking Water Contaminant Candidate Lists (CCL) – Update
The CCL is a USEPA list of drinking water contaminants that are not currently subject to USEPA drinking water regulations, but may occur in public water systems and, as such, may require future regulation under the Safe Drinking Water Act. The draft CCL List 4 (CCL4) was published in the February 4, 2015 Federal Register with the request for comments ending on April 6, 2015. Manganese and nonylphenol were added to the draft CCL4 list and six contaminants are being removed: perchlorate (positive regulatory determination in 2011), strontium (preliminary determination to regulate), and dimethoate, 1, 3-dinitrobenzene, terbufos, and terbufos sulfone (preliminary determination not to regulate).
For more information on current and past CCLs and regulatory determinations visit: http://www.epa.gov/ccl
TANKS
Final Revised Regulations for Underground Storage Tanks (USTs)
The 2015 revised UST regulation and the 2015 state program approval (SPA) regulation became effective October 13, 2015. The revisions strengthen the existing 40 CFR Part 280 UST technical regulations by adding requirements for secondary containment for new and replaced tanks and piping, operator training, periodic operation and maintenance of UST systems,
and ensuring UST system compatibility before storing certain biofuel blends.
The 2015 SPA regulation updates the SPA requirements in 40 CFR Part 280, and incorporates the above-listed changes to the UST technical regulation. The 38 states, District of Columbia, and Puerto Rico, which currently have SPA, are required to reapply within three years in order to retain their SPA status. Owners and operators in SPA jurisdictions must continue to follow their jurisdiction requirements until the jurisdiction changes its requirements or its SPA status changes.
Owners and operators in the non-SPA states, territories and, Indian country are required to implement the 40 CFR Part 280 changes within three years, with the exception of the secondary containment requirements, which must be implemented within 180 days. In addition, these owners and operators will need to follow their state requirements.
For more information visit: http://www2.epa.gov/ust/revising-underground-storage-tank-regulations-revisions-existing-requirements-and-new
http://www.trcsolutions.com/resources/regulatory-update/final-revised-regulations-for-underground-storage-tanks-issued
WASTE
Disposal of Coal Combustion Residuals (CCR) from Electric Utilities Final Rule
On December 19, 2014, the USEPA signed a final rule to regulate the disposal of CCR (commonly known as coal ash) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). The rule establishes minimum criteria for the disposal of CCR in landfills and surface impoundments. The final rule was published in the Federal Register on April 17, 2015 and became effective on October 19, 2015. The final rule applies to CCR landfills and surface impoundments that receive CCR and CCR units at facilities generating electricity on or after the effective date of the rule. Generating facilities shut down before the rule’s effective date, including legacy environmental sites from past operations, will not be subject to the rule. Additionally, inactive surface impoundments, defined as units that ceased receiving CCR prior to the effective date of the rule, but still contain liquids and CCR, that close in accordance with the
Summary of Federal Rules and Standards Changes with Impact in 2016
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Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
rule within two and a half years of the effective date, are not subject to other requirements of the rule.
The rule contains many compliance deadlines beginning with the date the rule became effective on October 19, 2015, with initial deadlines for preparing a fugitive dust control plan, initiating weekly and monthly inspections, providing required notifications, conducting required recordkeeping, and establishing a CCR website. Deadlines are based on the estimated amount of time required to implement the requirements and allow additional time for other technical requirements to be implemented. For instance, existing CCRs have 2 years to initiate a groundwater detection monitoring program and complete sampling events (by October 2017). In addition to these deadlines, the rule includes significant changes and clarifications that will impact a utility’s or Independent Power Producers’ decision to close surface impoundments.
For more information visit: http://www2.epa.gov/coalash/coal-ash-rule
http://www.trcsolutions.com/writable/images/Managing-Coal-Ash-Residuals-and-Wastewater-in-a-Changing-Regulatory-Climate.pdf
Definition of Solid Waste (DSW) Final Rule
The final revisions to the DSW Rule was published in the Federal Register on January 13, 2015 and was effective on July 13, 2015. A summary of this final rule was included in TRC’s 2015 Regulatory Update document. Since January 2015, the USEPA has published answers to frequent questions, interim procedures for submitting notification under the 2015 DSW Final Rule, and additional compliance guidance documents.
For these guidance documents and additional information visit: http://www.epa.gov/hwgenerators/final-rule-2015-definition-solid-waste-dsw
For TRC’s 2015 Regulatory Update document visit: http://www.trcsolutions.com/writable/images/2015-FINAL-Summary-of-Changes-to-Federal-Rules-and-Standards.pdf
Proposed Improvements to Hazardous Waste Generator Regulations
On September 25, 2015, the USEPA proposed revisions to the RCRA hazardous waste generator regulations to amend and re-organize the regulations to improve general understanding. Key revisions to the regulations include less stringent requirements for episodic hazardous waste generation and allowing a conditionally exempt small quantity generator (CESQG) to send hazardous waste to a large quantity generator (LQG) under the same control. The former relates to common events such as periodic clean-out of chemical inventories (e.g., out-of-date chemicals or chemicals no longer used onsite) and demolition activities that may cause an increase in the amount of hazardous waste generated in a given month, which results in a change in the facility’s generator status. Additionally, other proposed rule amendments include revisions to definitions, provisions concerning acute and nonacute hazardous waste, hazardous waste determinations, marking and labeling standards, reporting and recordkeeping requirements, satellite accumulation area requirements, and preparedness, prevention, planning and emergency procedures for LQGs and small quantity generators (SQG). The comment period ended December 24, 2015.
For more information visit: http://www.epa.gov/hwgenerators/proposed-rule-hazardous-waste-generator-improvements
http://www.trcsolutions.com/resources/regulatory-update/usepa-proposes-less-stringent-requirements-for-episodic-hazardous-waste-generators
Proposed Management Standards for Hazardous Waste Pharmaceuticals
On September 25, 2015, the USEPA published a proposed rule on the management and disposal of hazardous waste pharmaceuticals. The proposed rule would revise the regulations to improve the management and disposal of hazardous waste pharmaceuticals and tailor them to address the specific issues that hospitals, pharmacies and other healthcare-related facilities encounter. The revisions are also intended to clarify the regulation of the reverse distribution mechanism used by healthcare facilities for the management of unused and/or expired pharmaceuticals. If finalized, healthcare facilities that are currently SQGs or LQGs and all
Summary of Federal Rules and Standards Changes with Impact in 2016
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Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
pharmaceutical reverse distributors, regardless of their RCRA generator category, will be required to manage their hazardous waste pharmaceuticals under a newly proposed Subpart P under 40 CFR Part 266 (Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities), instead of 40 CFR Part 262. The extended comment period ended December 24, 2015.
For more information visit: http://www.epa.gov/hwgenerators/proposed-rule-management-standards-hazardous-waste-pharmaceuticals
Proposed Additions to the Non-Hazardous Secondary Materials (NHSM) Rule
The NHSM rule generally established standards and procedures for identifying whether NHSM are solid wastes when used as fuels or ingredients in combustion units. In a February 7, 2013 rule, the USEPA listed particular NHSMs as “categorical non-waste fuels” provided certain conditions are met, and indicated that it would consider adding additional NHSMs to the categorical listings. A March 25, 2014, proposed rule seeks to add the following materials to the list of categorical non-waste fuels: construction and demolition wood processed according to best management practices; paper recycling residuals; and creosote-treated railroad ties. It is projected that the final rule will be published in the Federal Register in January 2016.
For more information visit: http://yosemite.epa.gov/opei/rulegate.nsf/byRIN/2050-AG74
http://www3.epa.gov/epawaste/nonhaz/define/
HAZARDOUS CHEMICALS
Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 Toxic Release Inventory (TRI) – Addition of 1-Bromopropane
On November 23, 2015, the USEPA published a final rule that adds 1-bromopropane to the TRI list of reportable chemicals. The rule was effective November 30, 2015, and applies to the 2016 reporting year with the first reports due by July 1, 2017.
For more information visit: http://www.epa.gov/toxics-release-inventory-tri-program/addition-1-bromopropane
EPCRA Section 313 TRI – Addition of a Nonylphenol Category
On September 30, 2014, the USEPA published a final rule that adds a nonylphenol category to the TRI list of reportable chemicals. The rule was effective on September 30, 2014, and applies to the 2015 reporting year with the first reports due by July 1, 2016.
For more information visit: http://www.epa.gov/toxics-release-inventory-tri-program/addition-nonylphenol-category
EPCRA Section 313 TRI – Denial of Petition to Remove Ethylene Glycol Monobutyl Ether (EGBE) from Certain Glycol Ethers Category
As noted in an October 8, 2015 action (80 FR 60818), the USEPA denied a petition to remove EGBE from the category Certain Glycol Ethers under the list of chemicals subject to reporting under EPCRA Section 313.
For more information visit: http://www.epa.gov/toxics-release-inventory-tri-program/ethylene-glycol-monobutyl-ether-egbe-petition
EPCRA Section 313 TRI – Petition to Add the Oil & Gas Extraction Industrial Sector to the List of Sectors Required to Report
On October 22, 2015, the USEPA agreed to commence proposed rulemaking to add natural gas processing plants to the list of facilities subject to the EPCRA Section 313 TRI reporting. The USEPA has not released a timeframe for issuing proposed rules on this expanded TRI reporting for natural gas processing plants. Other facilities like well sites, compressor stations, pipelines, and other smaller facilities that employee fewer than ten people would not be covered by this new requirement.
For more information visit: http://www.epa.gov/toxics-release-inventory-tri-program/response-petition-add-oil-gas-extraction-sector-tri-program
Summary of Federal Rules and Standards Changes with Impact in 2016
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For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
Chemical Facility Anti-Terrorism Standards (CFATS): Guidance for the Expedited Approval Program
The Department of Homeland Security (DHS) published a guidance on May 13, 2015 for the CFATS Expedited Approval Program, which provides an optional process for Tier 3 and 4 facilities to receive an expedited approval of their site security plan. The guidance was effective June 16, 2015.
For more information visit: http://www.dhs.gov/publication/cfats-expedited-approval-program
2016 Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR)
The submission period for the 2016 CDR is June 1, 2016 to September 30, 2016, for the principal reporting year of 2015. Changes to the reporting requirements include:
The report is required if the annual reporting threshold is met during any of the calendar years from 2012 through 2015. If the threshold is met during any of these years, reporting for that substance is required for each year in the reporting period from 2012 through 2015.
The reporting threshold remains at 25,000 lbs of a manufactured substance per site, but a reduced reporting threshold (2,500 lbs) applies to chemical substances subject to certain TSCA actions.
The total annual production volume must now be reported for each calendar year since the last principal reporting year.
The reporting threshold for processing and use information is the same as the general reporting threshold for CDR. Processing and use information are still only required for the principal reporting year (2015).
For more information visit: http://www.epa.gov/chemical-data-reporting/how-report-under-chemical-data-reporting#2016
TSCA Significant New Use Rules (SNUR) for Chemical Substances
The USEPA promulgated SNURs for multiple chemical substances during 2015. Under TSCA, the SNUR can require those who intend to manufacture or import certain substances for an activity designated as a significant new use
to notify the USEPA at least 90 days before commencing such activity. The following summarizes SNURs promulgated in 2015, by their effective date (or date posted for proposed SNUR). Links to websites are provided for more information and to obtain the exact listing of chemicals – all of which are added to the SNUR, except where otherwise indicated.
February 2, 2016 – 29 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2014-0390-0075
December 1, 2015 – Withdrawal of 3 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2015-0388-0116
December 1, 2015 – 30 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2015-0388-0023
November 23, 2015 – hexabromocyclododecane or 1,2,5,6,9,10-hexabromocyclododecane (HBCD): http://www.epa.gov/assessing-and-managing-chemicals-under-tsca/hexabromocyclododecane
September 2, 2015 – Removal of substituted cyclosiloxane that was the subject of a PMN: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2015-0220-0052
August 31, 2015 – 21 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2014-0649-0104
August 4, 2015 – 22 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2015-0220-0001
July 7, 2015 – 25 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2014-0908-0001
June 10, 2015 – Proposed rule for 30 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2014-0390-0068
May 26, 2015 – Revocation of 2 chemical substance: http://www.regulations.gov/#!documentDetail;D=EPA_FRDOC_0001-17085
Summary of Federal Rules and Standards Changes with Impact in 2016
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Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
April 9, 2015 – Proposed rule for 24 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2014-0649-0001
April 6, 2015 – Pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy): http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2011-0941-0180
April 3, 2015 – 27 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2014-0714-0001
January 7, 2015 – Proposed rule for 13 chemical substances: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2014-0760-0001
TSCA Proposed Formaldehyde Standards for Composite Wood Products Act
On June 10, 2013, the USEPA issued two proposed regulations under TSCA Title VI. One proposed regulation will set limits on formaldehyde emissions from composite wood products, while the other proposed regulation will establish the Third-Party Certification Program Framework Rule and the Implementation Rule. The final rule is anticipated to be published in the Federal Register in May 2016.
For more information visit: http://www2.epa.gov/formaldehyde/formaldehyde-emission-standards-composite-wood-products
TSCA Proposed Nanoscale Chemical Substances / Reporting and Recordkeeping Rule
Under TSCA Section 8(a), the USEPA is developing a final rule to require reporting and recordkeeping for certain chemical substances manufactured at the nanoscale. It is anticipated that the final rule will be published in the Federal Register in October 2016.
For more information visit: http://yosemite.epa.gov/opei/rulegate.nsf/byRIN/2070-AJ54#3
TSCA Modernization Act of 2015
In June 2015, the House passed a bill to update TSCA. Referred to as the TSCA Modernization Act of 2015, the bill passed the Senate in December 2015. The legislation, in part, would give the USEPA new authority to address risks from existing chemicals in the marketplace and ensure product safety and consumer confidence, while encouraging innovation.
For more information visit: https://www.congress.gov/bill/114th-congress/house-bill/2576/text
OSHA Globally Harmonized System of Classification and Labeling of Chemicals (GHS) Standard – Deadlines
Employers have until June 1, 2016 to update alternative workplace labeling and hazard communication programs as necessary, under the new GHS Standard, and provide additional employee training for newly identified physical or health hazards. During the transition period before the effective date, employers may comply with either the updated standard or the old rule. To date, employers should have already trained employees on the new standard and be complying with the revised safety data sheets (SDS) requirements. Manufacturers, importers, and distributors should be complying with all provision of the new hazard communication standard (HCS).
OSHA issued a compliance directive in July 2015 to address enforcement of the new GHS standard. In general, where the GHS compliant labels or SDSs are not provided by an upstream supplier, the end user (or downstream user) must demonstrate reasonable due diligence and good faith efforts to obtain the compliant data. Reasonable due diligence and good faith efforts require demonstrated attempt(s) to obtain the necessary SDS through both oral and written communications.
For more information visit: http://osha.gov/dsg/hazcom/global.html
https://www.osha.gov/OshDoc/Directive_pdf/CPL_02-02-079.pdf
Summary of Federal Rules and Standards Changes with Impact in 2016
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Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
Process Safety Management (PSM) Updates
Revised Interpretation for Retail Establishments
In July 2015, OSHA revised an interpretation of the PSM regulations and rescinded all prior policy documents related to the PSM exemption for retail establishments. As a result, only facilities with North American Industry Classification System (NAICS) codes of 44 and 45 – Retail Trade, will now be exempt from the PSM regulations.
Recognizing that it may take some time for some newly regulated facilities to come into compliance with the PSM standard, OSHA issued an enforcement policy to focus efforts on compliance assistance; and in most cases, will not cite newly non-exempted retail facilities for failing to comply with the PSM rule. The only exception to this policy will be if OSHA discovers conditions at such a facility that expose workers to an immediate and severe danger, and OSHA determines that the employer has not made a reasonable good faith effort to eliminate or substantially control the hazard. This policy will last through July 22, 2016.
For more information visit: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=29528
New Interpretation for Covered Concentrations of Highly Hazardous Chemicals
In July 2015, OSHA issued an additional PSM policy change which, unlike the retail exemption, did not allow for a transition period. The new policy shifts from the previous “pure chemical” threshold determination to basing calculations on chemical mixtures containing concentrations of greater than one percent. If the partial pressure of the chemical in the vapor space under handling or storage conditions is less than 10 millimeters of mercury, the weight of the chemical does not need to be included in threshold calculations. When determining threshold quantities, only the weight of the chemical itself is calculated, exclusive of any solvent, solution or carrier.
For more information visit: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=29411
OSHA Rules Anticipated For 2016
Occupational Exposure to Crystalline Silica (29 CFR §1910.1053, Part 1915 and §1926.55)
Under the new rule, workers’ exposures would be limited to a new permissible exposure level (PEL) of 50 micrograms of respirable crystalline silica per cubic meter of air (μg/m3), averaged over an 8-hour day. The new PEL would be the same in all industries covered by the rule. The rule was sent to the Office of Management and Budget (OMB) for final review on December 21, 2015.
For more information visit: https://www.osha.gov/silica/
https://www.gpo.gov/fdsys/pkg/FR-2013-09-12/pdf/2013-20997.pdf#page=2
Tracking of Workplace Injuries and Illnesses (29 CFR Part 1904)
The new rule would require employers to provide OSHA with electronic data regarding their establishment-specific injury and illness data. Three levels of reporting are proposed:
Quarterly – Required for employers with 250 or more employees
Annually – Required for employers with 20 or more employees in certain industries
Upon Request – When requested by OSHA, all employers will be required to electronically submit certain requested information.
For more information visit: https://www.gpo.gov/fdsys/pkg/FR-2013-11-08/pdf/2013-26711.pdf#page=2
Updating OSHA Consensus Standards for Eye and Face Protection (29 CFR §1910.133)
The new rule would incorporate the 2010 edition of the American National Standard, Z87.1 Eye and Face Protection for general industry, shipyard employment, longshoring, marine terminals, and construction industries.
For more information visit: https://www.gpo.gov/fdsys/pkg/FR-2015-03-13/pdf/2015-05521.pdf#page=1
Summary of Federal Rules and Standards Changes with Impact in 2016
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Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
OSHA’s FY2015 Top 10 Cited Violations
1. Fall Protection (29 CFR §1926.501)
2. Hazard Communication (29 CFR §1910.1200)
3. Scaffolding (29 CFR §1926.451)
4. Respiratory Protection (29 CFR §1910.134)
5. Lockout/Tagout (29 CFR §1910.147)
6. Powered Industrial Trucks (29 CFR §1910.178)
7. Ladders (29 CFR §1926.1053)
8. Electrical – Wiring Methods (29 CFR §1910.305)
9. Machine Guarding (29 CFR §1910.212)
10. Electrical – General Requirements (29 CFR §1910.303)
To generate a report on the most frequently cited federal or state OSHA standards by your NAICS code visit: https://www.osha.gov/pls/imis/citedstandard.html
PHMSA
Proposed Safety Regulations for Hazardous Liquid Pipelines
In 80 FR 61610, the PHMSA published a proposed rule to revise the hazardous liquid pipeline safety regulations. The changes proposed to the regulations include:
(1) Extending certain reporting requirements to gravity lines;
(2) Extending certain reporting requirements to all hazardous liquid gathering lines;
(3) Requiring inspections of pipelines in areas affected by extreme weather, natural disasters, and other similar events;
(4) Requiring periodic assessments of pipelines that are not already covered under the integrity management (IM) program requirements;
(5) Expanding the use of leak detection systems on hazardous liquid pipelines to mitigate the effects of failures that occur outside of HCAs;
(6) Modifying the IM repair criteria, both by expanding the list of conditions that require immediate remediation and consolidating the timeframes for remediating all other conditions, and apply those same criteria to pipelines that are not subject to the IM requirements, with an adjusted schedule for performing non-immediate repairs; and,
(7) Increasing the use of inline inspection tools by requiring that any pipeline that could affect a high consequence area be capable of accommodating these devices within 20 years, unless its basic construction will not permit that accommodation.
The comment period for this proposed rulemaking ended January 8, 2016.
For more information visit: http://www.phmsa.dot.gov/portal/site/PHMSA/menuitem.6f23687cf7b00b0f22e4c6962d9c8789/?vgnextoid=a629667abc340510VgnVCM100000d2c97898RCRD&vgnextchannel=f0b8a535eac17110VgnVCM1000009ed07898RCRD&vgnextfmt=print
Policies and Standards
National Enforcement Initiatives (NEIs) for Fiscal Year (FY) 2017-2019
The USEPA solicited comments on proposed NEIs for FY 2017-2019, through October 14, 2015. In addition to current NEIs, the USEPA is proposing new/expanded NEIs that include the following:
Air – Protecting Communities from Exposure to Toxic Air Emissions: The USEPA is considering expanding the initiative to include VOC and hazardous air pollutant (HAP) emissions from large organic liquid storage tanks and air emissions from the handling of hazardous waste (in particular from treatment, storage, and disposal facilities (TSDFs) and LQGs.
Water – Keeping Industrial Pollutants out of National Waters: With this initiative, the USEPA would focus on the top sectors that have many violations and are responsible for contributing to surface water pollution and putting drinking water at risk, including: mining, chemical manufacturing, food processing, and primary metals manufacturing facilities.
Releases – Reducing the Risks and Impacts of Industrial Accidents and Releases: This initiative would be a targeted focus on the facilities and the chemicals that pose the greatest risks, with a goal of increasing industry attention to preventing accidents, instead of addressing problems after accidents happen, thereby reducing the risk of harm to communities and workers.
Summary of Federal Rules and Standards Changes with Impact in 2016
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Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
For all NEIs that are selected for FY 2017-2019, the USEPA intends to incorporate Next Generation Compliance (NGC) approaches – use the most current monitoring technologies, data analytics and transparency, as well as the latest thinking on what drives better compliance, to get better results even in a time of serious resource constraints. With this are concerns that such NGC approaches could be cited as falling under the CAA provision that allows “any credible evidence” to support an enforcement action, rather than only the monitoring methods spelled out in USEPA rules.
For more information visit: https://federalregister.gov/a/2015-23056
USEPA Updated Audit Policy – eDisclosure
In the December 9, 2015 Federal Register, the USEPA announced that it is modernizing the implementation of the Audit Policy by creating a centralized web-based portal, referred to as “eDisclosure,” to receive and automatically process self-disclosed environmental violations. The eDisclosure system uses USEPA’s Central Data Exchange (CDX) to allow large and small businesses to disclose violations and submit compliance certifications under the Audit Policy and Small Business Compliance Policy. The USEPA anticipates that the automated system will make processing disclosures faster and more efficient, and will save time and resources for both regulated entities and the USEPA.
The eDisclosure system will categorize disclosures as simple (Tier 1) or complex (Tier 2). Tier 1 disclosures will be resolved automatically within eDisclosure. Tier 2 disclosures may still require more interaction with the USEPA.
For more information visit: http://www.epa.gov/compliance/epas-audit-policy
Update on International Standards Organization (ISO) 14001, 9001, and 45001
The final ISO 14001:2015 standard for environmental management systems (EMSs) and ISO 9001:2015 standard for quality management systems were published September 15, 2015. Those entities currently certified will have a three-year transition period to migrate their management system to the new standard(s). During the transition period, organizations that opt for third party certification will seek certification
under the 2015 standards, while certification to the prior standards will be rendered obsolete.
Industry-specific standards, such as the RC14001® Technical Specification (2015 edition), have also been revised. The RC14001 standard combines elements of the American Chemistry Council's (ACC) Responsible Care® initiative with those of ISO 14001:2015. It enables a company to obtain certification that its management system conforms to both the ISO 14001 and RC14001 requirements.
ISO 14004:2016, entitled “Environmental management systems – General guidelines on implementation,” is due to be published in March 2016. The standard is a companion to ISO 14001:2015 and will provide guidance on the establishment, implementation, maintenance, and improvement of an effective EMS.
The new occupational health and safety management system standard (ISO 45001) is currently in the Enquiry Stage of development with a target date for publication of October 2016.
All new ISO management system standards follow, or will follow, the High Level Structure (HLS) format. The new approach to management systems incorporates risk based thinking and stresses integration into the overall business strategy. Significant changes include taking into consideration the context of the organization and the needs of interested parties, planning over corrective/preventive actions and a stronger role for top leadership. Strategically aligning these management systems will help organizations to capitalize on efficiencies and further embed sustainability into their business systems and culture.
For more information visit: http://www.iso.org/iso/home/standards/management-standards/mss-list.htm
Sustainability Accounting Standards Board (SASB)
SASB is developing accounting standards on sustainability topics for 80 industries in 10 sectors through 2016. The standards are intended to be used by U.S. and foreign public companies in their annual filings (Form 10-K or 20-F) with the U.S. Securities and Exchange Commission (SEC). Progress on the development process varies by industry sector. In 2015, SASB released standards for the following sectors:
Summary of Federal Rules and Standards Changes with Impact in 2016
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Environmental – Rachel Hamby at 734.585.7816, [email protected] Health & Safety – Jan Baldauf at 609.220.6860, [email protected]
January 2016
Renewable Resources & Alternative Energy (including Forestry & Paper and Renewable Energies) – Released December 16, 2015
Consumption II (including Apparel, Accessories & Footwear; Home & Office Products) – Released September 23, 2015
Consumption I (including Agricultural Products, Food and Beverage, Household and Personal Products) – Released June 30, 2015
Resource Transformation (including Chemicals; Aerospace & Defense; Electrical/Electronic Equipment; Industrial Machinery & Goods; Containers & Packaging) – Released March 25, 2015
The standard for Infrastructure (including Integrated, Electric, Gas & Water Utilities; Waste Management; and Infrastructure Construction) is currently in the public comment period and is anticipated to be released in March 2016.
Additionally, SASB issued a guidance, The SASB Implementation Guide for Companies, on December 1, 2015, to assist users on using the SASB Standards.
For more information visit: http://www.sasb.org/
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