Summary of Federal Rules and Standards Changes with Impact in 2016
Linked Table of Contents
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
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
 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
 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
 2015 Multi-Sector General Permit (MSGP) for Stormwater
Discharges Associated with Industrial Activity Issued
 Chemical Facility Anti-Terrorism Standards (CFATS):
Guidance for the Expedited Approval Program
 National Pollutant Discharge Elimination System (NPDES)
Electronic Reporting Rule
 2016 Toxic Substances Control Act (TSCA) Chemical Data
Reporting (CDR)
 Update on the Final Clean Water Rule: Definition of
“Waters of the United States”
 TSCA Significant New Use Rules (SNUR) for Chemical
Substances
 Steam Electric Power Generating Point Source Category –
Revised
 TSCA Proposed Formaldehyde Standards for Composite
Wood Products Act
 Clean Water Act Methods Update Rule for the Analysis of
Effluent
 TSCA Proposed Nanoscale Chemical Substances/Reporting
and Recordkeeping Rule
 Proposed Pretreatment Standards for the Oil and Gas
Extraction Point Source Category
 TSCA Modernization Act of 2015
 Drinking Water Contaminant Candidate Lists (CCL) – Update
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
Page i
Summary of Federal Rules and Standards Changes with Impact in 2016
Linked Table of Contents
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
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)
 OSHA’s FY2015 Top 10 Cited Violations
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
Page ii
Summary of Federal Rules and Standards Changes with Impact in 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/2015/10/22/201525840/greenhouse-gas-reporting-rule-2015-revisions-andconfidentiality-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/2015/05/07/201510628/prevention-of-significant-deterioration-permitting-forgreenhouse-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-planexisting-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
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
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Summary of Federal Rules and Standards Changes with Impact in 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/regulatoryupdate/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).
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
Page 2
Summary of Federal Rules and Standards Changes with Impact in 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.
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-airpollution-update-rule
Updates to the 2012 PM2.5 NAAQS
Appendix W revisions are expected to become final in mid-2016.
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 visit:
http://www3.epa.gov/scram001/guidance_permit.htm
For more information on the PM2.5 area designations visit:
http://www3.epa.gov/pmdesignations/2012standards/regs.htm
http://www.trcsolutions.com/resources/regulatoryupdate/the-new-path-forward-epas-proposed-revision-ofthe-guideline-on-air-quality-models
Proposed Amendments to Refrigerant Management
Requirements
 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.
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)
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
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
Page 3
Summary of Federal Rules and Standards Changes with Impact in 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:
 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
-
Finalized the proposed alternate definitions of
startup and shutdown and the proposed alternative
work practice standards that must be employed
during those periods;
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:
-
Maintained carbon monoxide (CO) emission limits as
originally promulgated; and

-
Made minor changes to the requirements for PM
continuous parametric monitoring systems (CPMS).
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

Although the rule included a number of changes, the
compliance date of January 31, 2016, for existing sources did
not change.
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

Some important compliance deadlines for existing units to
keep in mind for 2016 are:
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
 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.
 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.
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
Page 4
Summary of Federal Rules and Standards Changes with Impact in 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/20150302aer
rproposal.pdf
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/1446_bqmc.pdf
For more information concerning the Utility NESHAP (MATS)
visit: http://www3.epa.gov/ttn/atw/utility/utilitypg.html
WATER
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 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
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
Page 5
Summary of Federal Rules and Standards Changes with Impact in 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-dischargesindustrial-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-pollutantdischarge-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/regulatoryupdate/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-generatingeffluent-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-rule2015
http://www.regulations.gov/#!documentDetail;D=EPA-HQOW-2014-0797-0164
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
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Summary of Federal Rules and Standards Changes with Impact in 2016
Proposed Pretreatment Standards for the Oil and Gas
Extraction Point Source Category
and ensuring UST system compatibility before storing certain
biofuel blends.
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.
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.
For more information visit:
http://www.epa.gov/eg/unconventional-extraction-oil-andgas-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,
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-storagetank-regulations-revisions-existing-requirements-and-new
http://www.trcsolutions.com/resources/regulatoryupdate/final-revised-regulations-for-underground-storagetanks-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
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
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Summary of Federal Rules and Standards Changes with Impact in 2016
rule within two and a half years of the effective date, are not
subject to other requirements of the rule.
Proposed Improvements to Hazardous Waste
Generator Regulations
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.
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://www2.epa.gov/coalash/coal-ash-rule
http://www.trcsolutions.com/writable/images/ManagingCoal-Ash-Residuals-and-Wastewater-in-a-ChangingRegulatory-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-2015definition-solid-waste-dsw
For TRC’s 2015 Regulatory Update document visit:
http://www.trcsolutions.com/writable/images/2015-FINALSummary-of-Changes-to-Federal-Rules-and-Standards.pdf
For more information visit:
http://www.epa.gov/hwgenerators/proposed-rulehazardous-waste-generator-improvements
http://www.trcsolutions.com/resources/regulatoryupdate/usepa-proposes-less-stringent-requirements-forepisodic-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
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
Page 8
Summary of Federal Rules and Standards Changes with Impact in 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-rulemanagement-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
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-triprogram/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-triprogram/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
Emergency Planning and Community Right-to-Know
Act (EPCRA) Section 313 Toxic Release Inventory (TRI)
– Addition of 1-Bromopropane
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.
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-triprogram/response-petition-add-oil-gas-extraction-sector-triprogram
http://www3.epa.gov/epawaste/nonhaz/define/
HAZARDOUS CHEMICALS
For more information visit:
http://www.epa.gov/toxics-release-inventory-triprogram/addition-1-bromopropane
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
Page 9
Summary of Federal Rules and Standards Changes with Impact in 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-approvalprogram
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=EPAHQ-OPPT-2014-0390-0075
2016 Toxic Substances Control Act (TSCA) Chemical
Data Reporting (CDR)
 December 1, 2015 – Withdrawal of 3 chemical
substances:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-OPPT-2015-0388-0116
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:
 December 1, 2015 – 30 chemical substances:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-OPPT-2015-0388-0023
 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.
 November 23, 2015 – hexabromocyclododecane or
1,2,5,6,9,10-hexabromocyclododecane (HBCD):
http://www.epa.gov/assessing-and-managing-chemicalsunder-tsca/hexabromocyclododecane
 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.
 September 2, 2015 – Removal of substituted
cyclosiloxane that was the subject of a PMN:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-OPPT-2015-0220-0052
 The total annual production volume must now be
reported for each calendar year since the last principal
reporting year.
 August 31, 2015 – 21 chemical substances:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-OPPT-2014-0649-0104
 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).
 August 4, 2015 – 22 chemical substances:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-OPPT-2015-0220-0001
For more information visit: http://www.epa.gov/chemicaldata-reporting/how-report-under-chemical-datareporting#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
 July 7, 2015 – 25 chemical substances:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-OPPT-2014-0908-0001
 June 10, 2015 – Proposed rule for 30 chemical substances:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-OPPT-2014-0390-0068
 May 26, 2015 – Revocation of 2 chemical substance:
http://www.regulations.gov/#!documentDetail;D=EPA_FR
DOC_0001-17085
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
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Summary of Federal Rules and Standards Changes with Impact in 2016
 April 9, 2015 – Proposed rule for 24 chemical substances:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-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=EPAHQ-OPPT-2011-0941-0180
 April 3, 2015 – 27 chemical substances:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-OPPT-2014-0714-0001
 January 7, 2015 – Proposed rule for 13 chemical
substances:
http://www.regulations.gov/#!documentDetail;D=EPAHQ-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/formaldehydeemission-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/2070AJ54#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/housebill/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
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
Page 11
Summary of Federal Rules and Standards Changes with Impact in 2016
Process Safety Management (PSM) Updates
OSHA Rules Anticipated For 2016
 Revised Interpretation for Retail Establishments
 Occupational Exposure to Crystalline Silica (29 CFR
§1910.1053, Part 1915 and §1926.55)
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_docu
ment?p_table=INTERPRETATIONS&p_id=29528
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-2013-0912/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
 New Interpretation for Covered Concentrations of Highly
Hazardous Chemicals
 Annually – Required for employers with 20 or more
employees in certain industries
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.
 Upon Request – When requested by OSHA, all
employers will be required to electronically submit
certain requested information.
For more information visit:
https://www.osha.gov/pls/oshaweb/owadisp.show_docu
ment?p_table=INTERPRETATIONS&p_id=29411
For more information visit:
https://www.gpo.gov/fdsys/pkg/FR-2013-1108/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-2015-0313/pdf/2015-05521.pdf#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
Page 12
Summary of Federal Rules and Standards Changes with Impact in 2016
OSHA’s FY2015 Top 10 Cited Violations
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Fall Protection (29 CFR §1926.501)
Hazard Communication (29 CFR §1910.1200)
Scaffolding (29 CFR §1926.451)
Respiratory Protection (29 CFR §1910.134)
Lockout/Tagout (29 CFR §1910.147)
Powered Industrial Trucks (29 CFR §1910.178)
Ladders (29 CFR §1926.1053)
Electrical – Wiring Methods (29 CFR §1910.305)
Machine Guarding (29 CFR §1910.212)
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.6f2
3687cf7b00b0f22e4c6962d9c8789/?vgnextoid=a629667abc34
0510VgnVCM100000d2c97898RCRD&vgnextchannel=f0b8a53
5eac17110VgnVCM1000009ed07898RCRD&vgnextfmt=print
Policies and Standards
National Enforcement Initiatives (NEIs) for Fiscal Year
(FY) 2017-2019
The USEPA solicited comments on proposed NEIs for FY 20172019, 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.
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
Page 13
Summary of Federal Rules and Standards Changes with Impact in 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/managementstandards/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:
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
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Summary of Federal Rules and Standards Changes with Impact in 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
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/
 Resource Transformation (including Chemicals; Aerospace
& Defense; Electrical/Electronic Equipment; Industrial
Machinery & Goods; Containers & Packaging) – Released
March 25, 2015
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
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