Audit, Compliance and Risk Blog

EPA Issues Annual Chemical Review Plan Under the 2016 Amendments to TSCA

Posted by Jon Elliott on Tue, Mar 13, 2018

The Environmental Protection Agency (EPA) has published its second Annual Plan for Chemical Risk Evaluations. These evaluation workplans are required by the 2016 Lautenberg Act amendments to the Toxic Substances Control Act (TSCA), as an expansion of EPA’s long-criticized efforts to evaluate existing chemicals for potential health and safety hazards. This new Annual Plan updates EPA’s efforts since 2016, and continues to formalize procedures.

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Tags: Environmental risks, Environmental, EPA, Hazcom, tsca

EPA’s Latest National TRI Inventory Shows Continuing Reductions in Releases

Posted by Jon Elliott on Thu, Mar 08, 2018

The US Environmental Protection Agency (EPA) requires selected facilities to file Toxic Release Inventory (TRI) reports on either Form R or Form A, electronically to EPA and their state every July 1. These TRI reports are mandated by Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA; also known as SARA Title III since it was enacted as part of the Superfund Amendments and Reauthorization Act of 1986). (I summarized TRI reporting requirements here).

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Tags: Environmental risks, Environmental, EPA, Hazcom

EPA Withdraws “Once in Always in” Policy For Major Air Toxics Sources

Posted by Jon Elliott on Tue, Mar 06, 2018

The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to define “hazardous air pollutants (HAPs)” that may pose acute health hazards, and to impose regulations to reduce those hazards. Controls include permits for “major sources” of HAPs based on “Maximum Achievable Control Technologies (MACT),” and lesser controls for non-major “area sources.” Since 1995, EPA policy has been that every emission source that met major source criteria at the time a MACT became effective is “once in, always in” and cannot requalify as a less-regulated area source even if it accepts legally binding controls that reduce its “potential to emit.” On January 25, 2018 EPA reversed that decades-old policy.

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Tags: Environmental risks, Environmental, EPA, Greenhouse Gas, ghg, climate change, CAA, mact

California Adopts Plan for Greenhouse Gas Controls Through 2030

Posted by Jon Elliott on Tue, Feb 27, 2018

Since enacting AB 32 in 2006, California has pursued aggressive policies to reduce statewide greenhouse gas (GHG) emissions. Primary responsibilities are assigned to the California Air Resources Board (ARB), although other state agencies implement complementary policies within their areas of special jurisdiction. In addition to emissions control regulations, state law assigns ARB to develop a Scoping Plan that identifies the state’s strategic goals, and compiles the many tactical approaches through individual regulatory and incentive programs. ARB issued the first Scoping Plan in 2008, with an update in 2014 and the latest update in 2017. The rest of this note describes changes in the latest Scoping Plan to reflect the state’s ever-expanding GHG reduction goals.

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Tags: Health & Safety, California Legislation, Environmental risks, Environmental, Greenhouse Gas, ghg

EPA Adopts E-Manifest Compliance Deadline and Fees

Posted by Jon Elliott on Tue, Feb 20, 2018

The U.S. Environmental Protection Agency (EPA) has been working for nearly six years to meet a legislative mandate to develop and implement an electronic manifest (“e-manifest”) system to replace the decades-old paper-based system. The Hazardous Waste Electronic Establishment Act of 2012 amended the Resource Conservation and Recovery Act (RCRA) and gave EPA three years, but it’s taken longer. EPA adopted e-manifest rules in 2014, but put them on hold until it could establish a suitable information management system (I wrote about these rules here). In January 2018 EPA published final e-manifest rules, including fees, and set June 30, 2018 as the initial compliance deadline.

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Tags: Environmental, EPA

Regional Greenhouse Gas Initiative Extends Efforts Until 2030

Posted by Jon Elliott on Tue, Feb 13, 2018

One of the longest running sub-national greenhouse gas (GHG) control efforts in the U.S. has been the Regional Greenhouse Gas Initiative (RGGI) program. RGGI provides a cap-and-trade program covering GHG emissions from targeted fossil fuel power plants in participating northeastern states. The program t has just been revised and extended through 2030.

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Tags: Environmental risks, Environmental, Greenhouse Gas, ghg, cap-and-trade

EPA is Expanding Mercury Reporting Requirements

Posted by Jon Elliott on Tue, Jan 30, 2018

On June 22, 2016 President Obama signed the “Frank R. Lautenberg Chemical Safety for the 21st Century Act,” revising the Toxic Substances Control Act (TSCA) TSCA extensively. I’ve written about the major programmatic changes here, here, and here. In addition to those Big Picture changes however, the 2016 Amendments provide a number of targeted revisions.

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Tags: Health & Safety, Environmental risks, Environmental, Hazcom, tsca

California’s New Cleaning Products Right to Know Act – A First Look

Posted by Jon Elliott on Tue, Jan 16, 2018

Does your employer’s Hazard Communication program pay attention to cleaning agents used in the workplace – bleaches, disinfectants, glass cleaners, etc? If it does more than mention their existence and note that they’re probably corrosive and maybe toxic, you’re almost certainly in the minority. In most workplaces, workers who use cleaners are exposed to undisclosed or unexplained chemical hazards. And even if your organization’s employees do receive this information, does your employer contract out janitorial and other service work without ensuring that those night janitors are fully trained and protected?

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Tags: Business & Legal, Employer Best Practices, Employee Rights, Environmental risks, Environmental, Hazcom

EPA Moving to Prevent “Regulation By Litigation”

Posted by Jon Elliott on Tue, Dec 05, 2017

As the Attorney General of Oklahoma, Scott Pruitt made his national reputation suing the Environmental Protection Agency (EPA) to reverse or delay the agency’s attempts to expand environmental controls and the scope of its authority. Now that he’s EPA Administrator, Pruitt is moving to ensure that his agency doesn’t make use of the second major type of agency-defendant litigation, in which an agency is sued and then settles on terms favorable to the plaintiff’s goals. In a Directive and Memorandum issued October 16, Pruitt argues that this “sue and settle” litigation represents collusion between agencies and advocates, bypassing normal legislative and administrative processes and allowing agencies to redirect their efforts through “regulation by litigation.” And because litigation settlements typically involve only the active parties and the judge, these approaches tend to freeze out others – states, groups, and individuals – who lose the opportunities to participate that they’d be provided by normal legislative and regulatory proceedings.

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Tags: Business & Legal, Environmental risks, Environmental, EPA

Is a Zero Waste Christmas Even Possible?

Posted by Jane Dunne on Fri, Dec 01, 2017

Christmas holidays bring joy, laughter and vast amounts of plastic waste and junk into our lives, but the wastefulness can be avoided with just a bit of creativity.

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Tags: Environmental risks, Environmental