Monthly summary of US environmental, health, and safety regulatory and policy developments

1. January 2016
Regulatory Area Affected Entities? Regulation Name Description Link Market
Air (Greenhouse Gas [GHG]) Power plants, refineries, chemical
plants, underground coal mines and
other large facilities that report
their GHG emissions
2015 Revisions and Confidentiality
Determinations for Data Elements
Under the GHG Reporting Rule
40 Code of Federal Regulations
(CFR) Part 98
PROPOSED RULE 1/15/16
Proposes changes for how facilities are required
to report their GHG emissions. Also proposes
confidentiality determinations for reporting
certain data elements to the program.
Comments are due by 2/29/16.
81 FR 2535 All
Air (GHG) Petroleum and natural gas systems Greenhouse Gas Reporting Rule:
Leak Detection Methodology
Revisions and Confidentiality
Determinations for Petroleum and
Natural Gas Systems
40 CFR Part 98
PROPOSED RULE 1/29/16
Proposes revisions and confidentiality
determinations for the petroleum and natural
gas systems source category of the GHG
Reporting Program. It proposes adding:
- New monitoring methods for detecting leaks
from oil and gas equipment
- Emission factors for leaking equipment to
calculate and report GHG emissions resulting
from equipment leaks
- Reporting requirements and confidentiality
determinations for nine new or substantially
revised data elements
Comments are due by 2/29/16.
81 FR 4987 Upstream/Downstream O&G
Air (Particulate Matter 10
microns or less in diameter
[PM10])
Facilities required to measure
concentrations of PM10 in ambient
air
Ambient Air Monitoring Reference
and Equivalent Methods:
Designation of a New Equivalent
Method
NOTICE OF THE DESIGNATION OF A NEW
EQUIVALENT METHOD FOR MONITORING
AMBIENT AIR QUALITY 1/26/16
In accordance with 40 CFR Part 53, designates
one new reference method for measuring
concentrations of PM10 in ambient air.
81 FR 4294 All
Oil and Hazardous Materials Industries that report to the
National Response Center
Federal departments and agencies
that participate in responding to
incidents under the National Oil and
Hazardous Substances Pollution
Contingency Plan
National Oil and Hazardous
Substances Pollution Contingency
Plan Revisions to Align with the
National Response Framework
40 CFR Part 300
PROPOSED RULE 1/25/16
Proposes revisions to the National Oil and
Hazardous Substances Pollution Contingency
Plan to align with the Department of Homeland
Security's National Response Framework and
National Incident Management System.
Comments are due by 3/25/16.
81 FR 3982 All
Natural Resources (Threatened
and Endangered Species)
Activities that disturb or impact the
natural environment
Endangered and Threatened
Wildlife and Plants; 4(d) Rule for the
Northern Long-Eared Bat
50 CFR Part 17
FINAL RULE 1/14/16
Finalizes rule aimed at protecting the northern
long-eared bat that is found in 37 states in the
United States. The rule broadens the
exemptions for "incidental take" and imposes
restrictions on tree cutting.
Effective date is 2/16/16.
81 FR 1900 All
81 FR 3023
81 FR 3865
81 FR 4837
Endangered Species Listings
Water (Stormwater) Small municipal separate storm
sewer systems (MS4)
National Pollutant Discharge
Elimination System (NPDES)
Municipal Separate Storm Sewer
System General Permit Remand
40 CFR Part 122
PROPOSED RULE 1/6/16
Revises the small MS4 regulations to ensure the
permitting authority determines the adequacy
of best management practices and other
requirements and provides public notice and
the opportunity to request a public hearing on
the requirements.
Comments are due by 3/21/16.
81 FR 415 All
Water (Stormwater) Point source discharges from the
application of pesticides to waters
of the United States
Agriculture
Utilities
Pesticide manufacturing
Draft NPDES Pesticide General
Permit (PGP) for Point Source
Discharges from the Application of
Pesticides; Reissuance
NOTICE OF DRAFT PERMIT 1/26/16
The draft 2016 NPDES PGP is available for
review and comment. This permit will replace
the current permit that expires on 10/31/16. It
has the same conditions and requirements as
the 2011 NPDES PGP.
Comments are due by 3/11/16.
81 FR 4289 All
Environmental, Health, Safety, and Sustainability
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EHS&S Business Solutions
This regulatory update does not include all regulatory updates for a monthly period, but is intended to provide general highlights on regulations of most interest or impact to our clients. The specific requirements for each facility will vary.
There are no beneficiaries of this work product other than CH2M and no other person or entity is entitled to rely on the work product without the written consent of CH2M and a written agreement limiting CH2M’s liability. To better
understand how these regulations could affect your operations, contact Rachel Carlson at CH2M (email: Rachel.Carlson@ch2m.com; phone: (865) 560-2905).
U.S. REGULATORY UPDATES
Natural Resources (Threatened
and Endangered Species)
Activities that disturb or impact the
natural environment
Endangered and Threatened
Wildlife and Plants
50 CFR Parts 223, 17, and 226
FINAL AND PROPOSED RULES, January 2016
The U.S. Fish and Wildlife Services and National
Marine Fisheries Service have amended and are
proposing amendments to the ESA to add
several animal and plant species and make
changes to the designated habitat for already
listed species. Affected species include:
- Pterapogon kauderni (Banggai cardinalfish):
Threatened
- Consolea corallicola (Florida semaphore
cactus): Critical habitat
- Harrisia aboriginum (Aboriginal prickly apple
cactus): Critical habitat
- Eubalaena glacialis (North Atlantic right
whale): Critical habitat
The list of endangered and threatened wildlife
also was amended to include, remove, and
revise several entries based on previously
published determinations.
All
EHS&S Business Solutions tracks
emerging local, regional, and national
regulations related to environment,
health, and safety. The purpose of these
regulatory updates and alerts is to
communicate regulatory changes in a
timely manner so we can help clients
systematically anticipate and comply
with changing environmental
regulations.
For more information or if you have
questions related to this update, please
contact:
• Rachel Carlson (EHS&S Sales Lead)
• Kim Watkins
(Auditing and Compliance Practice Lead)