ENVIRONMENTAL COMPLIANCE
Federal
EPA Proposes to Expand PCB Regulations
October 23, 2021
EPA is proposing to expand the available options for extraction and determinative methods used to characterize and verify the cleanup of polychlorinated biphenyls (PCBs) waste under the PCB regulations. These proposed changes are expected to greatly reduce the amount of solvent used in PCB extraction processes.
Source: Dakota Software
Addition of Certain Chemicals to Community Right-to-Know Toxic Chemical Release Reporting
October 19, 2021
EPA is proposing to add 12 chemicals to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). In addition, EPA is also proposing to classify one of the chemicals (1,3,4,6,7,8-hexahydro-4,6,6,7,8,8-hexamethylcyclopenta[g]-2-benzopyran) as a persistent, bioaccumulative, and toxic (PBT) chemical of special concern with a 100-pound reporting threshold.
Source: EPA
FY 2022-2026 EPA Strategic Plan Draft
October 16, 2021
The Draft FY 2022-2026 EPA Strategic Plan provides the roadmap for accomplishing the EPA's priorities over the next four years. The Draft Plan presents seven strategic goals focused on protecting human health and the environment and four cross-agency strategies that describe the essential ways EPA will work to carry out our mission. Currently, EPA is seeking comments on the Draft Plan from Tribes, states, local governments, industry, the academic community, non-governmental organizations, individual citizens, and all other interested parties. Public comments on the Draft Plan must be received on or before November 12, 2021, and may be submitted to the Federal eRulemaking Portal, identified by Docket Number EPA-HQ-OA-2021-0403, at www.regulations.gov. The agency anticipates submitting the final Plan to Congress in February 2022.
Source: EPA
Training Employees to Sign the Manifest
October 6, 2021
To sign Manifests or other hazardous materials shipping papers, employees must have appropriate training on hazardous waste and/or hazmat transportation regulations. This guide answers a critical question for hazardous waste shippers: What training is required to sign the Manifest?
Source: Lion
Incidental Take of Migratory Birds Once Again a Federal Crime; FWS Considering New Permitting Program
October 7, 2021
The incidental take of migratory birds will again be a federal crime beginning December 3, 2021. Less than 10 months after instituting a final rule declaring that incidental take of birds is not subject to the Migratory Bird Treaty Act’s (MBTA) strict liability criminal prohibitions, the U.S. Department of the Interior (DOI) reversed course, announcing that it is formally rescinding that rule and returning to enforcement discretion for individuals and businesses that inadvertently injure or kill birds when engaged in otherwise legal activities.
Source: The National Law Review
EPA Establishes Allowance Allocation and Trading Program for Phasedown of Hydrofluorocarbons
October 6, 2021
EPA is implementing an allowance allocation and trading program to phase down hydrofluorocarbon (HFC) production and consumption. Portions of the rule related to allowance allocations are effective October 5, 2021, with the remaining portions of the rule effective November 4, 2021.
Source: EPA
Next e-MANIFEST Meetings Set for Fall 2021
October 4, 2021
EPA will host virtual public meetings pertaining to the electronic Hazardous Waste Manifest (e-Manifest) system on October 27 and November 3 from 1 pm – 5 pm EST. The purpose of the meetings is to engage stakeholders and generate ideas about how to increase industry adoption of electronic manifests.
In particular, the Agency wants to discuss three topics:
Current electronic manifest functionality and workflow.
A potential option to allow receiving facilities to upload electronic signatures to EPA.
Other options that may require policy or regulatory change.
Source: Lion
RCRA 2022: Ten Key Changes for Generators
October 4, 2021
The RCRA hazardous waste regulations have changed a lot in the past 10 years. Check out this guide to ten of the most impactful updates for facilities that generate and store hazardous waste. Implementation depends on state authority to administer the federal RCRA rules.
Source: Lion
Texas
TERP LDPLIP Program Now Accepting Grant Applications
October 29, 2021
The Texas Commission on Environmental Quality (TCEQ) Texas Emissions Reduction Plan (TERP) is now accepting applications for the Light-Duty Motor Vehicle Purchase or Lease Incentive Program (LDPLIP). Rebates are available statewide for eligible light-duty motor vehicles purchased or leased in Texas on or after September 1, 2021.
Rebates of up to $5,000 are available for up to 1,000 eligible compressed natural gas (CNG) and liquified petroleum gas (LPG or propane) vehicles.
Rebates of up to $2,500 are available for up to 2,000 eligible electric drive (plug-in or plug-in hybrid) or hydrogen fuel cell vehicles.
Applications will be accepted and considered on a first-come, first-served basis until 5:00 p.m. on January 7, 2023, or until all available funds have been awarded.
Application forms are available on the TERP website: http://www.terpgrants.org.
Source: TCEQ
Emissions Inventory Workshop - Registration Now Open
October 28, 2021
TCEQ will hold a virtual 2022 Emissions Inventory Workshop on January 27. Gain insight on estimating emissions from equipment leak fugitive emissions sources. Learn to report emissions inventories online, and receive updates for the 2021 reporting year. During the event, a form will be provided for Professional Engineers and Professional Geoscientists to claim up to 3 hours of Continuing Education Credits.
Source: TCEQ
Industrial and Hazardous Waste Forms and Guidance
October 25, 2021
TCEQ industrial and hazardous waste permit application new modification forms are mandatory beginning November 1, 2021:
-NEW Class 1 Modification Form h
-NEW Class 1ED Modification Form t
-NEW Class 2 Modification Form t
Source: TCEQ
Three Weeks Left in Multi-Sector General Permit (MSGP) Renewal Period
October 22, 2021
TCEQ issued the new 2021 Multi-Sector General Permit (MSGP) effective August 14, 2021. Facilities with an existing Notice of Intent or No Exposure Certification authorization under the 2016 MSGP have until November 12, 2021, at 11:59 PM CST to renew it. If you continue to operate your facility without renewing your authorization, you may receive a violation. To stay in compliance:
Submit a renewal application by November 12, 2021, in STEERS and pay the $100 application fee.
If you have an NOI, develop and implement an updated Stormwater Pollution Prevention Plan (SWP3) before renewing coverage.
Source: TCEQ
Air Permits Released Version 3.0 of the RAP: TankLoading Workbook
October 22, 2021
The TCEQ issued a New Source Review (NSR) amendment authorizing an increase of throughput for tanks and/or loading at an existing site. The existing equipment must already be authorized by a New Source Review permit. Sources included in this RAP are storage tanks, loading (drum, tote, truck, and rail), and control devices (flare, vapor combustion unit, and carbon absorption system).
Source: TCEQ
2021 Tier II Training Classes Are Now Available
October 19, 2021
TCEQ will be hosting online trainings this year that will be conducted remotely as an online webinar. Draft Annual Tier 2 reports will be available to be created starting November 1st, but you will need to wait until January 1st, 2022 to officially submit the report. As always, these reports will be due by March 1st.
Source: TCEQ
TCEQ Industrial Hazardous Waste Generator and Management Fees Increase
October 16, 2021
The rulemaking will establish increases to the Industrial Hazardous Waste (IHW) generator fee schedule and the IHW management fee schedule. The anticipated effective date is November 25, 2021.
Source: TCEQ
Free Webinars on Developing an Emergency Preparedness Plan (EPP)
October 14, 2021
TCEQ is hosting free online workshops to help affected water utilities understand the requirements of Senate Bill 3 (SB3) Emergency Preparedness Plans (EPPs). Licensed water operators can receive up to 4 hours of continuing education units for attending. Webinar dates and times:
October 28 from 1:00 p.m. to 5:00 p.m. CST
November 5 from 8:00 a.m. to 12:00 p.m. CST
November 8 from 1:00 p.m. to 5:00 p.m. CST
November 18 from 8:00 a.m. to 12:00 p.m. CST
Source: TCEQ
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HEALTH & SAFETY COMPLIANCE
10 Most Cited OSHA Violations (2021)
October 15, 2021
OSHA unveiled the 10 most-cited workplace safety Standards for the fiscal year 2021 this month. The annual Top 10 List cautions employers about specific violations to avoid and offers insight into OSHA's enforcement priorities as 2022 approaches.
Source: Lion
EPA Extends the Submission Deadline for 50 Chemical Substances for TSCA Health and Safety Data Reporting
October 1, 2021
EPA is extending the deadline which requires manufacturers (including importers) of 20 high-priority substances and 30 organohalogen flame retardants to submit certain lists and copies of unpublished health and safety studies to EPA. The new submission deadline is December 1, 2021, for the 20 high-priority substances and January 25, 2022, for the 30 organohalogen flame retardants.
Source: EPA
SUSTAINABILITY, ESG, AND CLIMATE ACTION
A Roadmap to Build a Climate-Resilient Economy
October 14, 2021
On October 14, the Biden administration announced the publication of its comprehensive government-wide strategy to address and mitigate the financial and economic risks of climate change. The report, “A Roadmap to Build a Climate-Resistant Economy,” highlights a broad range of actions being taken by federal government agencies and regulators under the direction of the administration, including integrating climate strategies into their activities, developing and promoting better understating and disclosure of climate risks, and improving the climate resilience of supply chains, among other actions.
Source: The White House
TCFD Releases Guidance for Companies to Disclose Net Zero Transition Plans
October 14, 2021
The Task Force on Climate-related Financial Disclosures (TCFD) has published its 2021 Status Report, indicating a significant jump in the number of companies reporting on climate-related risk. Spelling out the next steps in sustainability disclosure, the TCFD also published updates to its climate risk reporting recommendations, along with guidance for companies to disclose their plans and progress relating to their climate transition strategies. Click here to access the TCFD status report, guidance update annex, and Guidance on Metrics, Targets, and Transition Plans.
Source: ESG Today
SEC Eyes Phased Approach to Climate Reporting, Gensler Says
October 6, 2021
The SEC is considering phasing in its anticipated requirements for companies to report their greenhouse gas emissions and climate change risk management plans. The Securities and Exchange Commission is looking at tiered compliance for small and large companies and the different types of climate disclosures that may be required. The SEC is expected to propose rules as early as this fall that could have companies report their climate risk in their annual 10-Ks or other public filings.
Source: Bloomberg Law
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