ENVIRONMENTAL COMPLIANCE
Federal
EPA Proposes Revisions to Clean Air Act RMP Rules
August 22, 2022
EPA is proposing to strengthen its Risk Management Program (RMP) regulations (40 CFR Part 68) following a review of the existing RMP requirements and after considering information gathered from the 2021 Virtual Public Listening Sessions. These proposed amendments, the Safer Communities by Chemical Accident Prevention (SCCAP) proposed rule, and Proposed revisions to the RMP Prevention Program (Subparts C and D) relate to:
Addressing natural hazards and power loss in hazard reviews and analyses,
Facility siting requirements,
Requiring safer technologies and alternatives analysis (STAA) for petroleum & coal products manufacturing and chemical manufacturing processes (NAICS 324 and 325),
Root cause analysis for RMP-reportable accidents,
Third-party compliance audits following accidents, and
Requiring employee participation and giving employees opportunities to report RMP-reportable accidents or non-compliance issues.
EPA is also proposing to revise the emergency response provisions found in Subpart E of the RMP regulations. Proposed revisions concern informing communities and local responders about RMP accidents, as well as requirements for performing and reporting on emergency response field exercises.
Source: EPA
EPA Releases New Construction Inspection Training Course for CGP Operators
August 18, 2022
Construction site operators permitted under EPA’s 2022 Construction General Permit (CGP) are required to ensure that any individual conducting site inspections is a “qualified person.” The 2022 CGP includes new requirements for qualified persons that apply to all sites that receive permit coverage on or after February 17, 2023. After this date, an individual may be considered a qualified person only if they:
Complete EPA’s construction inspector training course and pass the exam, or
Hold a current valid construction inspection certification or license from a program that, at a minimum, covers principles and practices of erosion control and pollution prevention practices at construction sites; proper installation and maintenance of erosion and sediment controls and pollution prevention practices used at construction sites; and performance of inspections, including the proper completion of required reports and documentation.
EPA’s construction inspection training course and exam are now available for use by any interested individual. The course is available at https://www.epa.gov/npdes/construction-inspection-training-course. Although the 2022 CGP’s new training requirements do not take effect until February 17, 2023, interested individuals are welcome to complete the EPA course any time prior to that date. The training is provided at no cost to the public.
Source: EPA
Texas
The Advocate: TCEQ hosts the Advanced Air Permitting Seminar
August 30, 2022
TCEQ will host an Advanced Air Permitting Seminar on October 18, 2022, with in-person and virtual access.
Source: TCEQ
P2 Planning Due Dates
August 29, 2022
Facilities that have completed a five-year P2 reporting cycle in 2022 must renew a five-year P2 Plan and submit an Executive Summary and Certificate of Completeness and Correctness (C3) to the TCEQ by January 1, 2023.
Additionally, facilities that become subject to P2 Planning must create an initial five-year P2 Plan and submit an Executive Summary and C3 to the TCEQ within 90 days of submitting the first TRI Form R or first Annual Waste Summary, whichever comes first.
Source: TCEQ
Texas Commission on Environmental Quality is Now Inviting Comments on the Texas Natural Gas Vehicle Grants Program (TNGVGP)
August 26, 2022
The TNGVGP program provides grants to encourage an entity that owns and operates a heavy-duty or medium-duty motor vehicle to replace the vehicle with a natural gas vehicle or repower the vehicle with a natural gas engine.
An estimated $34 million in grant funding will be available for this grant round. Grantees will receive a lesser amount of either:
Standardized grant amounts set by TCEQ; or
Ninety percent (90%) of the incremental cost (the eligible costs associated with the qualifying vehicle minus a scrappage value).
TCEQ will use a scrappage value of $1,000 for replacement projects and $250 for repower projects to calculate grant awards.
The program summary for the upcoming TNGVGP grant round can be found on the TNGVGP website. TCEQ requests comments on these no later than September 1, 2022, at 5:00 pm CST.
Final requirements for TNGVGP projects will be published in the TNGVGP Request for Grant Applications (RFGA) upon the opening of the program.
Source: TCEQ
Updated IHW Guidance
August 8, 2022
Guidelines for the Classification and Coding of Industrial and Hazardous Wastes, RG-022
Can I Recycle Some of My Industrial or Hazardous Waste, RG-240
Universal Waste Regulations for Hazardous Lamps in Texas, RG-377
Visit the IHW Program Forms and Guidance webpage to download the latest applications, forms, and guidance.
Source: TCEQ
Updated Part B Application: New Plain Language Summary
August 8, 2022
We've updated The Part B application form. Updates include a substantive revision to include the new plain language summary requirement and minor revisions throughout. The plain language summary form and instructions are located on the IHW Program Forms and Guidance webpage.
Source: TCEQ
APD Has Updated Several PI-1 Guidance Videos
August 2, 2022
TCEQ, to assist applicants with version 5.0 of the Form PI-1 General Application review, the Air Permits Division has updated Modules 2, 3, 7, 8, and 13 of the PI-1 guidance videos. All modules can be found on the TCEQNews YouTube or directly via the playlist link.
Source: TCEQ
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HEALTH & SAFETY COMPLIANCE
DOT Extends Comment Period for Comment Period Hazmat e-Communications
August 26, 2022
US DOT PHMSA is extending the comment period for its notice requesting stakeholder input on potential benefits and drawbacks of electronic hazmat shipping papers, emergency response information, train consists, and other communications until October 24, 2022.
Source: DOT/PHMSA
Final Rule Alert: Hazmat Harmonization Rule HM-215P
August 16, 2022
On August 16, PHMSA issued a correction to its recent Final Rule (HM-215P) to align the Hazardous Materials Regulations with international standards. In the Rule published last month, PHMSA inadvertently removed paragraphs (i) and (ii) from 49 CFR 173.27(c).
Source: DOT/PHMSA
CSB Releases New Free Online Safety Training Application for Hazardous Chemicals
August 1, 2022
The CSB has developed a new interactive training application focused on OSHA's Process Safety Management, or PSM, regulation. The training covers the 14 elements of PSM using the 2005 explosion at BP’s Texas City refinery as a model.
Source: CSB
SUSTAINABILITY, ESG, AND CLIMATE ACTION
The Inflation Reduction Act: Summary of the Budget Reconciliation Act
August 8, 2022
The U.S. Senate on Aug. 7, 2022, passed the Inflation Reduction Act of 2022 (IRA). This comprehensive legislation is the result of many months of negotiations among Democrats to advance some of President Joe Biden's highest policy priorities. The IRA will reduce the deficit and make major investments in healthcare, domestic energy production and manufacturing, and climate change.
Source: Holland & Knight
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