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Are you ready for the impending entry-level driver training change?

2021-12-22T06:00:00Z

With the entry-level driver training (ELDT) rule change happening soon, the big question is, are you ready? But there are other questions you need to consider, too.

What’s the impact of this rule?

This rule will require everyone entering the CDL-required segment of the industry to go through a training program that meets minimum requirements BEFORE taking the CDL skills testing (and the hazardous materials endorsement written test). The skills tests covered by this rule include the Class A, Class B, passenger, and school bus tests.

The main impact is that it will limit the avenues available for a new driver to enter the industry. The days of putting a new driver on the road with an experienced driver for a few weeks and then sending the new driver for the CDL test are coming to an end.

Am I covered by this rule?

The answer to this is straightforward. If you are involved in training drivers who have their commercial learner’s permit (CLP) and you prepare them for their CDL testing, then you are covered. If you only hire drivers that already have their CDLs, then you are not covered.

What’s required if I want to do ELDT?

To conduct the covered ELDT after February 7, 2022, you will need to be listed on the Training Provider Registry (TPR). This will require you to complete the TPR application and to certify that you have:

  • A curriculum that matches the requirements in the appropriate Appendix to Part 380 and includes assessments and evaluations the student must pass,
  • Facilities that meet the requirements and any state and local requirements,
  • Equipment that matches the vehicle type your students will be testing in,
  • Qualified instructors
  • The ability to submit completion records to the FMCSA, and
  • Met any state or local training institution requirements that apply to your operation.

You must also have a recordkeeping system that maintains the records required in 380.725 and by any state agency. Entities listed on the TPR will be subject to audits at any time to verify that all the above requirements are in place.

What if I hire drivers with CLPs, but don’t want to do the training myself?

If this is your situation, you will need to form an alliance with an entity that is following the ELDT regulations and is listed on the TPR. This could involve:

  • Hiring another entity to do the training for you,
  • Setting up a direct tuition reimbursement program with a truck driving school in your area, or
  • Setting up a training co-op with other carriers.

The other option if you do not want to continue training CLP drivers is to change your hiring practices and only hire drivers who already have their CDL.

Key to remember: There is a lot to consider when it comes to ELDT and a lot to do to get onto the TPR, and time is running out.

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Most Recent Highlights In Environmental

2024-02-29T06:00:00Z

EPA Final Rule: Request From States for Removal of Gasoline Volatility Waiver

Pursuant to provisions specified by the Clean Air Act (CAA), the Governors of Illinois, Iowa, Minnesota, Missouri, Nebraska, Ohio, South Dakota, and Wisconsin submitted petitions requesting that EPA remove the 1-pound per square inch (psi) Reid vapor pressure (RVP) waiver for summer gasoline-ethanol blended fuels containing 10 percent ethanol (E10). EPA is acting on those petitions by removing the 1-psi waiver in those States effective April 28, 2025. This action also finalizes regulatory amendments to implement the removal of the 1-psi waiver for E10 in those States, as well as a regulatory process by which a State may request to reinstate the 1-psi waiver. Finally, consistent with a decision issued by the United States Court of Appeals for the D.C. Circuit on July 2, 2021, this action removes regulations that extended the 1-psi waiver to gasoline-ethanol blends between 10 and 15 percent ethanol (E15).

DATES: This rule is effective on April 29, 2024, published in the Federal Register February 29, 2024, page 14760.

§1090.215 Gasoline RVP standards.
(b)(2) and (b)(3)RevisedView text
§1090.297 Procedures for reinstating the 1.0 psi RVP allowance for E10.
Entire sectionAddedView text
§1090.1010 Designation requirements for gasoline and regulated blendstocks.
(a)(2)(iii) as (a)(2)(iv)RedesignatedView text
New (a)(2)(iii)AddedView text
§1090.1110 PTD requirements for gasoline, gasoline additives, and gasoline regulated blendstocks.
(b)(2)(i)(C) as (b)(2)(i)(D) RedesignatedView text
New (b)(2)(i)(C)AddedView text
§1090.1720 Affirmative defense provisions.
(e) introductory text and (e)(2)RevisedView text

New Text

§1090.215 Gasoline RVP standards.

* * * * *

(b) * * *

(2) To qualify for the special regulatory treatment specified in paragraph (b)(1) of this section, gasoline must meet the applicable RVP per-gallon standard in paragraph (a)(1) or (2) of this section prior to the addition of ethanol and must contain ethanol at a concentration of at least 9 volume percent and no more than 10 volume percent.

(3)(i) RFG and SIP-controlled gasoline that does not allow for the ethanol 1.0 psi waiver does not qualify for the special regulatory treatment specified in paragraph (b)(1) of this section.

(ii) Gasoline subject to the 9.0 psi maximum RVP per-gallon standard in paragraph (a)(1) of this section in the following areas is excluded from the special regulatory treatment specified in paragraph (b)(1) of this section:

Table 2 to Paragraph (b)(3)(ii)—Areas Excluded From the Ethanol 1.0 Waiver
StateCountiesEffective date
IllinoisAllApril 28, 2025.
IowaAllApril 28, 2025.
MinnesotaAllApril 28, 2025.
MissouriAllApril 28, 2025.
NebraskaAllApril 28, 2025.
OhioAllApril 28, 2025.
South DakotaAllApril 28, 2025.
WisconsinAllApril 28, 2025.

* * * * *

§1090.1720 Affirmative defense provisions.

* * * * *

(e) In addition to the defenses provided in paragraphs (a) through (d) of this section, in any case in which an oxygenate blender, distributor, reseller, carrier, retailer, or WPC would be in violation under §1090.1715 as a result of gasoline that contains between 9 and 1 percent ethanol (by volume) but exceeds the applicable standard by more than 1.0 psi, the oxygenate blender, distributor, reseller, carrier, retailer, or WPC will not be deemed in violation if such person can demonstrate, by showing receipt of a certification from the facility from which the gasoline was received or other evidence acceptable to EPA, all the following:

* * * * *

(2) The ethanol portion of the blend does not exceed 10 percent (by volume).

* * * * *

EPA’s 2024-27 national enforcement targets: 6 initiatives in the bull’s-eye
2024-02-28T06:00:00Z

EPA’s 2024-27 national enforcement targets: 6 initiatives in the bull’s-eye

The Environmental Protection Agency (EPA) develops regulations to implement the environmental laws established by the U.S. Congress, and the agency also enforces them. The standards work to eliminate or control significant risks, so noncompliance with the regulations can have devastating effects on communities and endanger the health of people and the environment.

Formal enforcement remains the key tool EPA uses to address and deter serious noncompliance. However, the agency’s resources aren’t unlimited. So, through National Enforcement and Compliance Initiatives (NECIs), EPA focuses its enforcement resources on the most serious violations that typically require additional resources and a coordinated effort among the agency and its state partners.

After achieving some of the highest enforcement levels in years during fiscal year (FY) 2023 (i.e., October 1, 2022, to September 30, 2023), EPA’s new cycle of initiatives is underway. Let’s look at each compliance initiative.

EPA’s enforcement targets

For FYs 2024 to 2027, EPA selected six NECIs that address environmental problems related to air, water, and toxics.

1. Mitigate climate change.

The initiative addresses three contributors to climate change, including:

  • Methane emissions from oil and gas facilities,
  • Methane emissions from landfills, and
  • Hydrofluorocarbons (HFCs).

Widespread noncompliance in the above areas is well-documented, which means thousands of tons of pollutants may have been emitted beyond lawful limits. The agency will focus on enforcing long-standing air emissions requirements, like New Source Performance Standards, and any relevant regulations developed. Additionally, EPA will ensure the phasedown of harmful HFCs remains on the schedule required by the American Innovation and Manufacturing Act.

2. Address per- and polyfluoroalkyl substances (PFAS) exposure.

PFAS are toxic and persistent chemicals. The agency’s key goals in addressing exposure to the chemicals are to:

  • Achieve site characterization of PFAS contamination,
  • Control ongoing PFAS releases that pose a threat to the health of humans and the environment,
  • Ensure compliance with permits and other agreements regarding PFAS contamination, and
  • Address endangerment issues that arise.

EPA will take additional enforcement actions where appropriate beginning in FY 2025.

3. Protect communities from coal ash contamination.

Coal ash has many contaminants, like mercury and arsenic, that pose serious health effects. The Resource Conservation and Recovery Act regulates facilities that generate coal ash, but EPA has found widespread noncompliance among the facilities. To address this issue, the agency will:

  • Conduct investigations at regulated facilities;
  • Take enforcement actions at facilities in violation; and
  • Protect and clean up contaminated groundwater, surface water, and drinking water resources.

4. Reduce air toxics in overburdened communities.

Carried over from the previous initiative cycle and modified, this initiative originally centered on violations of the National Ambient Air Quality Standards for ozone, specifically emissions of volatile organic compounds and hazardous air pollutants (HAPs) that contribute to ozone.

The new initiative prioritizes reducing emissions of air toxics in communities with higher levels or multiple sources of toxic air emissions (referred to as overburdened communities) from HAPs.

5. Increase drinking water standards compliance.

EPA continued this initiative from the preceding NECIs, which was designed to ensure that Community Water Systems (CWSs) complied with the Safe Drinking Water Act. While compliance improved among the regulated systems (about 50,000 total), CWSs continue to violate drinking water standards.

The agency will:

  • Increase its field presence,
  • Use strategic enforcement to reduce noncompliance, and
  • Provide more compliance assistance.

6. Reduce chemical accident risk.

The final initiative was also carried over since EPA found that many facilities regulated under the Clean Air Act’s Risk Management Program weren’t sufficiently managing the posed risks or ensuring the facilities were safe.

The initiative focuses on conducting inspections for noncompliance with risk management requirements, specifically for anhydrous ammonia and hydrogen fluoride, both of which are extremely hazardous substances that pose high risk to communities. The agency will address violations and hold facilities criminally responsible.

How does this impact your facility?

If any of the NECIs involve regulations covering your facility, expect stronger enforcement actions, such as more frequent inspections and investigations, especially if the facility is in an overburdened community.

Remember that EPA enforces all environmental standards, not just the prioritized compliance initiatives. Maintaining compliance with all regulations helps your business:

  • Protect the health of communities and the environment where your facilities operate;
  • Avoid potential legal costs, monetary penalties, and costly, time-consuming corrective actions; and
  • Prevent damage to your company’s reputation.

Key to remember: EPA’s 2024 to 2027 National Enforcement and Compliance Initiatives target compliance with certain regulations related to air, water, and toxics.

2024-02-21T06:00:00Z

Final Rule: Fees for the Administration of the Toxic Substances Control Act

The Environmental Protection Agency (EPA) is finalizing amendments to the 2018 final rule that established fees for the administration of the Toxic Substances Control Act (TSCA). Specifically, EPA is finalizing changes to the fee amounts and EPA's total costs for administering TSCA; exemptions for entities subject to the EPA-initiated risk evaluation fees; exemptions for test rule fee activities; modifications to the self-identification and reporting requirements of EPA-initiated risk evaluation and test rule fees; modifications to EPA's proposed methodology for the production-volume-based fee allocation for EPA-initiated risk evaluation fees in any scenario in which a consortium is not formed; expanded fee requirements to companies required to submit information for test orders; modifications to the fee payment obligations of processors subject to test orders and enforceable consent agreements (ECA); and extended timeframes for certain fee payments and notices.

DATES: This rule is effective on April 22, 2024, published in the Federal Register February 21, 2024, page 12961.

View final rule.

§700.43 Definitions applicable to this subpart.
Definitions of “Production volume” and “Small quantities solely for research and development.”AddedView text
§700.45 Fee payments
(a)(2), (3)RevisedView text
(b)(5), (7)RevisedView text
(b)(10)AddedView text
(c)-(d)RevisedView text
(f)(2)(i)RevisedView text
(f)(3)(i)RevisedView text
(f)(4)-(5)RevisedView text
(f)(6)AddedView text
(g)(3)(i)RevisedView text
(g)(3)(iv)RevisedView text
(g)(5), (6)RevisedView text

New Text

§700.45 Fee payments

(a)* * *

(2) Manufacturers and processors of chemical substances and mixtures required to submit information for these chemical substances and mixtures under a TSCA section 4(a) test order or enforceable consent agreement, or manufacturers of chemical substances and mixtures required to submit information for these chemical substance and mixtures under a TSCA section 4(a) test rule, shall remit for each such test rule, order, or enforceable consent agreement the applicable fee identified in paragraph (c) of this section in accordance with the procedures in paragraphs (f) and (g) of this section. Manufacturers of a chemical substance subject to a test rule under TSCA section 4(a) are exempted from fee payment requirements in this section, if they meet one or more of the exemptions under this paragraphs (a)(2)(i) through (v) of this section on or after the certification cutoff date identified in paragraph (b)(6) of this section and do not conduct manufacturing outside of those exemptions after the certification cutoff dates or if they meet the exemptions under paragraph (a)(2)(vi) of this section for the five-year period preceding publication of the preliminary list and do not conduct manufacturing outside of that exemption during the five-year period preceding publication of the preliminary list; and the exemptions are only available if the manufacturer will meet one or more of the exemptions in this paragraph (a)(2)(i) through (vi) in the successive five years; and will not conduct manufacturing outside of the exemptions in paragraphs (a)(2)(i) through (v) of this section in the successive five years or will meet the exemption in paragraph (a)(2)(vi) of this section in the successive five years:

(i) Import articles containing that chemical substance;

(ii) Produce that chemical substance as a byproduct that is not later used for commercial purposes or distributed for commercial use;

(iii) Manufacture that chemical substance as an impurity as defined in 40 CFR 704.3;

(iv) Manufacture that chemical substance as a non-isolated intermediate as defined in 40 CFR 704.3;

(v) Manufacture small quantities of that chemical substance solely for research and development, as defined in 40 CFR 700.43; or

(vi) Manufacture that chemical substance in quantities below a 1,100 lbs annual production volume as described in §700.43, unless all manufacturers of that chemical substance manufacture that chemical in quantities below a 1,100 lbs annual production volume as defined in §700.43, in which case this exemption is not applicable.

(3) Manufacturers of a chemical substance that is subject to a risk evaluation under section 6(b) of the Act, shall remit for each such chemical risk evaluation the applicable fee identified in paragraph (c) of this section in accordance with the procedures in paragraphs (f) and (g) of this section. Manufacturers of a chemical substance subject to risk evaluation under section 6(b) of the Act are exempted from fee payment requirements in this section, if they meet one or more of the exemptions under paragraphs (a)(3)(i) through (v) of this section on or after the certification cutoff date identified in paragraph (b)(6)(i) of this section and do not conduct manufacturing outside of those exemptions after the certification cutoff dates or if they meet the exemptions under paragraph (a)(3)(vi) of this section for the five-year period preceding publication of the preliminary list and do not conduct manufacturing outside of that exemption during the five-year period preceding publication of the preliminary list; and the exemptions are only available if the manufacturer will meet one or more of the exemptions in paragraphs (a)(3)(i) through (vi) of this section in the successive five years and will not conduct manufacturing outside of the exemptions in paragraphs (a)(3)(i) through (v) of this section in the successive five years or will meet the exemption in paragraph (a)(3)(vi) of this section in the successive five years:

(i) Import articles containing that chemical substance;

(ii) Produce that chemical substance as a byproduct that is not later used for commercial purposes or distributed for commercial use;

(iii) Manufacture that chemical substance as an impurity as defined in 40 CFR 704.3;

(iv) Manufacture that chemical substance as a non-isolated intermediate as defined in 40 CFR 704.3;

(v) Manufacture small quantities of that chemical substance solely for research and development, as defined in §700.43; or

(vi) manufacture that chemical substance in quantities below a 2,500 lbs annual production volume as described in §700.43, unless all manufacturers of that chemical substance manufacture that chemical in quantities below a 2,500 lbs annual production volume as defined in §700.43, in which case this exemption is not applicable.

* * * * *

(b) * * *

(5) Self-identification. All manufacturers other than those listed in paragraphs (a)(2)(i) through (iii) and (a)(3)(i) through (iii) of this section who have manufactured (including imported) the chemical substance in the previous five years must submit notice to EPA, irrespective of whether they are included in the preliminary list specified in paragraph (b)(3) of this section. The notice must be submitted electronically via EPA's Central Data Exchange (CDX), the Agency's electronic reporting portal, using the Chemical Information Submission System (CISS) reporting tool, and must contain the following information:

(i) Contact information. The name and address of the submitting company, the name and address of the authorized official for the submitting company, and the name and telephone number of a person who will serve as technical contact for the submitting company and who will be able to answer questions about the information submitted by the company to EPA.

(ii) Certification of cessation. If a manufacturer has manufactured in the five-year period preceding publication of the preliminary list but has ceased manufacture prior to the certification cutoff dates identified in paragraph (b)(6) of this section and will not manufacture the substance again in the successive five years, the manufacturer may submit a certification statement attesting to these facts. If EPA receives such a certification statement from a manufacturer, the manufacturer will not be included in the final list of manufacturers described in paragraph (b)(7) of this section and will not be obligated to pay the fee under this section.

(iii) Certification of no manufacture. If a manufacturer is identified on the preliminary list but has not manufactured the chemical in the five-year period preceding publication of the preliminary list, the manufacturer may submit a certification statement attesting to these facts. If EPA receives such a certification statement from a manufacturer, the manufacturer will not be included in the final list of manufacturers described in paragraph (b)(7) of this section and will not be obligated to pay the fee under this section.

(iv) Certification of meeting exemption. If a manufacturer is identified on the preliminary list and exclusively meets one or more of the exemptions as described in paragraph (a)(2) or (a)(3) of this section, the manufacturer must submit a certification statement attesting to these facts in order to not be included in the final list of manufacturers described in paragraph (b)(7) of this section. If a manufacturer is not on a preliminary list and exclusively meets one or more of the exemptions as described in paragraph (a)(2) or (a)(3) of this section, the manufacturer may submit a certification statement attesting to these facts. If EPA receives such a certification statement from a manufacturer, the manufacturer will not be included in the final list of manufacturers described in paragraph (b)(7) of this section and will not be obligated to pay the fee under this section, unless all manufacturers of that chemical substance meet the exemption as described in (a)(2)(vi) or (a)(3)(vi) of this section.

(v) Production volume. If a manufacturer has not submitted certification of cessation, as described in paragraph (b)(5)(ii) of this section, or certification of no manufacture, as described in paragraph (b)(5)(iii) of this section, for purposes of identifying manufacturers subject to fees for TSCA section 6 EPA-initiated risk evaluations and does not meet one or more of the exemptions in paragraph (a)(3)(i) through (v) of this section, the manufacturer must submit their production volume as defined in 40 CFR 700.43 for the applicable substance for the three calendar years prior to publication of the preliminary list. Only production volume reported to EPA prior to the final list being published will be used in determining fees described in §700.45(f).

* * * * *

(7) Publication of final list. EPA expects to publish a final list of manufacturers to identify the specific manufacturers subject to the applicable fee. This list will indicate if additional manufacturers self-identified pursuant to paragraph (b)(5) of this section, if other manufacturers were identified through credible public comment, and if manufacturers submitted certification of cessation, no manufacture, or meeting exemption pursuant to paragraph (b)(5)(ii), (iii), or (iv) of this section. The final list will be published no later than concurrently with the final scope document for risk evaluations initiated by EPA under TSCA section 6, and with the final test rule for test rules under TSCA section 4. EPA may modify the list after the publication of the final list.

* * * * *

* * * * *

(c) Fees for the 2024, 2025, and 2026 fiscal years. Persons shall remit fee payments to EPA as follows:

(1) Small business concerns. Small business concerns shall remit fees as follows:

(i) Premanufacture notice and consolidated premanufacture notice. Persons shall remit a fee totaling $6,480 for each premanufacture notice (PMN) or consolidated PMN submitted in accordance with part 720 of this chapter.

(ii) Significant new use notice. Persons shall remit a fee totaling $6,480 for each significant new use notice (SNUN) submitted in accordance with part 721 of this chapter.

(iii) Exemption application. Persons shall remit a fee totaling $2,180 for each of the following exemption requests submitted under TSCA section 5:

(A) Low releases and low exposures exemption or LoREX request submitted to EPA pursuant to section 5(a)(1) of the Act in accordance with §723.50(a)(1)(ii) of this chapter.

(B) Low volume exemption or LVE request submitted to EPA pursuant to section 5(a)(1) of the Act in accordance with §723.50(a)(1)(i) of this chapter.

(C) Test marketing exemption or TME application submitted to EPA pursuant to section 5 of the Act in accordance with §§725.300 through 725.355 of this chapter.

(D) TSCA experimental release application or TERA application submitted to EPA pursuant to section 5 of the Act for research and development activities involving microorganisms in accordance with §§725.200 through 725.260 of this chapter.

(E) Tier II exemption application submitted to EPA pursuant to section 5 of the Act in accordance with §§725.428 through 725.455 of this chapter.

(iv) Instant photographic film article exemption notice. Persons shall remit a fee totaling $2,180 for each instant photographic film article exemption notice submitted in accordance with §723.175 of this chapter.

(v) Microbial commercial activity notice and consolidated microbial commercial activity notice. Persons shall remit a fee totaling $6,480 for each microbial commercial activity notice (MCAN) or consolidated MCAN submitted in accordance with §§725.25 through 725.36 of this chapter.

(vi) Persons shall remit a total of twenty percent of the applicable fee under paragraph (c)(2)(vi), (vii) or (viii) of this section for a test rule, test order, or enforceable consent agreement.

(vii) Persons shall remit a total fee of twenty percent of the applicable fee under paragraphs (c)(2)(ix) of this section for an EPA-initiated risk evaluation.

(viii) Persons shall remit the total fee under paragraph (c)(2)(x) or (xi) of this section, as applicable, for a manufacturer-requested risk evaluation.

(2) Others. Persons other than small business concerns shall remit fees as follows:

(i) PMN and consolidated PMN. Persons shall remit a fee totaling $37,000 for each PMN or consolidated PMN submitted in accordance with part 720 of this chapter.

(ii) SNUN. Persons shall remit a fee totaling $37,000 for each significant new use notice submitted in accordance with part 721 of this chapter.

(iii) Exemption applications. Persons shall remit a fee totaling $10,870 for each of the following exemption requests, and modifications to previous exemption requests, submitted under section 5 of the Act:

(A) Low releases and low exposures exemption or LoREX request submitted to EPA pursuant to section 5(a)(1) of the Act in accordance with §723.50(a)(1)(ii) of this chapter.

(B) Low volume exemption or LVE request submitted to EPA pursuant to section 5(a)(1) of the Act in accordance with §723.50(a)(1)(i) of this chapter.

(C) Test marketing exemption or TME application submitted to EPA pursuant to section 5 of the Act in accordance with §§725.300 through 725.355 of this chapter, unless the submitting company has graduated from EPA's Sustainable Futures program, in which case this exemption fee is waived.

(D) TSCA experimental release application or TERA application submitted to EPA pursuant to section 5 of the Act for research and development activities involving microorganisms in accordance with §§725.200 through 725.260 of this chapter.

(E) Tier II exemption application submitted to EPA pursuant to section 5 of the Act in accordance with §§725.428 through 725.455 of this chapter.

(iv) Instant photographic film article exemption notice. Persons shall remit a fee totaling $10,870 for each exemption notice submitted in accordance with §723.175 of this chapter.

(v) MCAN and consolidated MCAN. Persons shall remit a fee totaling $37,000 for each MCAN or consolidated MCAN submitted in accordance with §§725.25 through 725.36 of this chapter.

(vi) Test rule. Persons shall remit a fee totaling $50,000 for each test rule.

(vii) Test order. Persons shall remit a fee totaling $25,000 for each test order.

(viii) Enforceable consent agreement. Persons shall remit a fee totaling $50,000 for each enforceable consent agreement.

(ix) EPA-initiated chemical risk evaluation. Persons shall remit a fee totaling $4,287,000.

(x) Manufacturer-requested risk evaluation of a Work Plan Chemical. Persons shall remit an initial fee of $1,414,924, a second payment of $1,414,924, and final payment to total 50% of the actual costs of this activity, in accordance with the procedures in paragraph (g) of this section. The final payment amount will be determined by EPA, and invoice issued to the requesting manufacturer.

(xi) Manufacturer-requested risk evaluation of a non-work plan chemical. Persons shall remit an initial fee of $2,829,847, a second payment of $2,829,847, and final payment to total 100% of the actual costs of the activity, in accordance with the procedures in paragraph (g) of this section. The final payment amount will be determined by EPA, and invoice issued to the requesting manufacturer.

(d) Fees for 2026 fiscal year and beyond. (1) Fees for the 2026 and later fiscal years will be adjusted on a three-year cycle by multiplying the fees in paragraph (c) of this section by the current PPI index value with a base year of 2024 using the following formula:

FA = F × I

Where:

FA = the inflation-adjusted future year fee amount.

F = the fee specified in paragraph (c) of this section.

I = Producer Price Index for Chemicals and Allied Products inflation value with 2024 as a base year.

(2) Updated fee amounts for PMNs, SNUNs, MCANs, exemption notices, exemption applications, and manufacturer-requested risk evaluation requests apply to submissions received by the Agency on or after October 1 of every three-year fee adjustment cycle beginning in fiscal year 2024 (October 1, 2023). Updated fee amounts also apply to test rules, test orders, enforceable consent agreements and EPA-initiated risk evaluations that are “noticed” on or after October 1 of every three-year fee adjustment cycle, beginning in fiscal year 2026.

(3) The Agency will initiate public consultation through notice-and-comment rulemaking prior to making fee adjustments beyond inflation. If it is determined that no additional adjustment is necessary beyond for inflation, EPA will provide public notice of the inflation-adjusted fee amounts through posting to the Agency's web page by the beginning of each three-year fee adjustment cycle (October 1, 2026, October 1, 2029, etc.). If the Agency determines that adjustments beyond inflation are necessary, EPA will provide public notice of that determination and the process to be followed to make those adjustments.

* * * * *

(f) * * *

(2) * * *

(i) The consortium must identify a principal sponsor and provide notification to EPA that a consortium has formed. The notification must be accomplished within 90 days of the publication date of a test rule under section 4 of the Act, or within 90 days of the effective date of a test order under section 4 of the Act, or within 90 days of the signing of an enforceable consent agreement under section 4 of the Act. EPA may permit additional entities to join an existing consortium after the expiration of the notification period if the principal sponsor provides updated notification.

* * * * *

(3) * * *

(i) Notification must be provided to EPA that a consortium has formed. The notification must be accomplished within 90 days of the publication of the final scope of a chemical risk evaluation under section 6(b)(4)(D) of the Act or within 90 days of EPA providing notification to a manufacturer that a manufacturer-requested risk evaluation has been granted. EPA may permit additional entities to join an existing consortium after the expiration of the notification period if the principal sponsor provides updated notification.

* * * * *

(4) If multiple persons are subject to fees triggered by section 4 or 6(b) of the Act and no consortium is formed, EPA will determine the portion of the total applicable fee to be remitted by each person subject to the requirement.

(i) Each person's share of the applicable fees triggered by section 4 of the Act specified in paragraph (c) of this section shall be in proportion to the total number of manufacturers and/or processors of the chemical substance, with lower fees for small businesses:



Where:

P s = the portion of the fee under paragraph (c) of this section that is owed by a person who qualifies as a small business concern under §700.43 of this chapter.

P o = the portion of the fee owed by a person other than a small business concern.

F = the total fee required under paragraph (c) of this section.

M t = the total number of persons subject to the fee requirement.

M s = the number of persons subject to the fee requirement who qualify as a small business concern.

(ii) Each person's share of the applicable fees triggered by section 6(b) of the Act specified in paragraph (c) of this section shall be in proportion to the total number of manufacturers and their reported production volume as described in §700.45(b)(v) of the chemical substance, with lower fees for small businesses:



(iii) Remaining manufacturers ( i.e., those that do not qualify as a small business concern) are then ranked in ascending order (from lowest to highest) based on reported production volume as described in §700.45(b)(v). Each remaining manufacturer is assigned a number with 1 for lowest production volume, 2 for second lowest production volume, etc.

Table 1 to Paragraph(f)(4)(iii)—Example of Placing Manufacturers That Do Not Qualify as a Small Business Concern in Ascending Order
Manufacturer(s)Assigned No. (N)
Manufacturer with lowest production volume1
Manufacturer with 2nd lowest production volume2
Manufacturer with 3rd lowest production volume3
. . . etc.



Where:

P s = the portion of the fee under paragraph (c) of this section that is owed by a person who qualifies as a small business concern under §700.43 of this chapter.

P ≥20th = the portion of the fee owed by a person other than a small business concern in the top 20th percentile.

P <20th = the portion of the fee owed by a person other than a small business concern not in the top 20th percentile.

F = the total fee required under paragraph (c) of this section.

M t = the total number of persons subject to the fee requirement.

M s = the number of persons subject to the fee requirement who qualify as a small business concern.

N 20th = The assigned number as illustrated in Table 1 to the manufacturer(s) with a production volume as described in §1.45(b)(v) at which the manufacturers with production volume greater than or equal to are in the top 20th percentile.

M ≥20th = the total number of persons with production volume as described in 700.45(b)(v) greater than or equal to the manufacturer(s) with a production volume as N 20th .

M <20th = the total number of persons with production volume as described in 700.45(b)(v) less than the manufacturer(s) with a production volume as N 20th .

F o = the total fee required under paragraph (c) of this section by all person(s) other than a small business concern.

(iv) In the event there are three or less manufacturers identified for a chemical substance, EPA will distribute the fee evenly among those three or less fee payers, regardless of production volume.

(v) In the event the number assigned to the top 20th percentile is not an integer, EPA will round to the nearest integer to determine the manufacturer(s) with the reported production volume as described in §700.45(b)(v) greater than or equal to the top 20th percentile.

(vi) In the event multiple manufacturers report the same production volume as described in §700.45(b)(v) and are greater than or equal to the top 20th percentile, EPA will include all manufacturers with that same production volume in the fee calculation for the top 20th percentile group.

(5) If multiple persons are subject to fees triggered by section 4 of the Act and some inform EPA of their intent to form a consortium while others choose not to associate with the consortium, EPA will take the following steps to allocate fee amounts:

(i) Count the total number of manufacturers, including the number of manufacturers within any consortia; divide the total fee amount by the total number of manufacturers; and allocate equally on a per capita basis to generate a base fee;

(ii) Provide all small businesses who are either not associated with a consortium, or associated with an all- small business consortium, with an 80% discount from the base fee referenced previously;

(iii) Calculate the total remaining fee and total number of remaining manufacturers by subtracting out the discounted fees and the number of small businesses identified;

(iv) Reallocate the remaining fee across those remaining individuals and groups in equal amounts, counting each manufacturer in a consortium as one person; and

(v) Inform consortia and individuals of their requisite fee amount. Small businesses in a successfully-formed consortium, other than a consortium of all small businesses, will not be afforded the 80% discount by EPA, but consortia managers are strongly encouraged to provide a discount for small business concerns.

* * * * *

(g) * * *

(3) * * *

(i) Test orders and test rules. The applicable fee specified in paragraph (c) of this section shall be paid in full not later than 180 days after the effective date of a test rule or test order under section 4 of the Act.

* * * * *

(iv) Risk evaluations. (A) For EPA-initiated risk evaluations, the applicable fee specified in paragraph (c) of this section shall be paid in two installments, with the first payment of 50% due 180 days after publishing the final scope of a risk evaluation and the second payment for the remainder of the fee due 545 days after publishing the final scope of a risk evaluation under section 6(b)(4)(D) of the Act.

(B) For manufacturer-requested risk evaluations under section 6(b)(4)(C)(ii) of the Act, the applicable fees specified in paragraph (c) of this section shall be paid as follows:

( 1 ) The applicable fee specified in paragraph (c) of this section shall be paid in three installments. The first payment shall be due no later than 180 days after EPA provides the submitting manufacture(s) notice that it has granted the request.

( 2 ) The second payment shall be due no later than 545 days after EPA provides the submitting manufacturer(s) notice that it has granted the request.

( 3 ) The final payment shall be due no later than 30 days after EPA publishes the final risk evaluation.

* * * * *

(5) Small business certification. (i) Each person who remits the fee identified in paragraph (c)(1) of this section for a PMN, consolidated PMN, or SNUN shall insert a check mark for the statement, “The company named in part 1, section A is a small business concern under 40 CFR 700.43 and has remitted a fee of $6,480 in accordance with 40 CFR 700.45(c).” under “CERTIFICATION” on page 2 of the Premanufacture Notice for New Chemical Substances (EPA Form 7710–25).

(ii) Each person who remits the fee identified in paragraph (c)(1) of this section for a LVE, LoREX, TERA, TME, or Tier II exemption request under TSCA section 5 shall insert a check mark for the statement, “The company named in part 1, section A is a small business concern under 40 CFR 700.43 and has remitted a fee of $2,180 in accordance with 40 CFR 700.45(c).” in the exemption application.

(iii) Each person who remits the fee identified in paragraph (c)(1) of this section for an exemption notice under §723.175 of this chapter shall include the words, “The company or companies identified in this notice is/are a small business concern under 40 CFR 700.43 and has/have remitted a fee of $2,180 in accordance with 40 CFR 700.45(c).” in the certification required in §723.175(i)(1)(x) of this chapter.

(iv) Each person who remits the fee identified in paragraph (c)(1) of this section for a MCAN or consolidated MCAN for a microorganism shall insert a check mark for the statement, “The company named in part 1, section A is a small business concern under 40 CFR 700.43 and has remitted a fee of $6,480 in accordance with 40 CFR 700.45(c).” in the certification required in §725.25(b) of this chapter.

(6) Payment certification statement. (i) Each person who remits a fee identified in paragraph (c)(2) of this section for a PMN, consolidated PMN, or SNUN shall insert a check mark for the statement, “The company named in part 1, section A has remitted the fee of $37,000 specified in 40 CFR 700.45(c).” under “CERTIFICATION” on page 2 of the Premanufacture Notice for New Chemical Substances (EPA Form 7710–25).

(ii) Each person who remits a fee identified in paragraph (c)(2) of this section for a LVE, LoREX, TERA, TME, or Tier II exemption request under TSCA section 5 shall insert a check mark for the statement, “The company named in part 1, section A has remitted the fee of $10,870 specified in 40 CFR 700.45(c).” in the exemption application.

(iii) Each person who remits the fee identified in paragraph (c)(2) of this section for an exemption notice under §723.175 of this chapter shall include the words, “The company or companies identified in this notice has/have remitted a fee of $10,870 in accordance with 40 CFR 700.45(c).” in the certification required in §723.175(i)(1)(x) of this chapter.

(iv) Each person who remits the fee identified in paragraph (c)(2) of this section for a MCAN for a microorganism shall insert a check mark for the statement, “The company named in part 1, section A has remitted the fee of $37,000 in accordance with 40 CFR 700.45(c).” in the certification required in §725.25(b) of this chapter.

2024-02-16T06:00:00Z

EPA Final Rule: Requirements for Polymer Exemption Reports and Accompanying Claims; Extension of Deadline for 2024

The Environmental Protection Agency (EPA) is amending the Toxic Substances Control Act (TSCA) regulations for polymers manufactured under the terms of the polymer exemption by extending the submission deadline for reporting. The regulations require that manufacturers (includes importers) of polymers manufactured under the terms of the exemption submit a report of manufacture or import by January 31 of the year subsequent to initial manufacture. On June 7, 2023, EPA amended the exemption reporting requirement to require that the exemption report and accompanying confidentiality claims be submitted electronically. Because EPA experienced technical difficulties with the launch of the new electronic reporting tool, EPA is extending the reporting period for 2024 from January 31 to March 31 to allow manufacturers additional time to submit their reports and accompanying claims to EPA using the electronic reporting tool.

DATES: This final rule is effective on February 16, 2024, published in the Federal Register February 16, 2024, page 12248.

View final rule.

§723.250 Polymers.
(f) introductory textRevisedView text

Previous Text

§723.250 Polymers.

* * * * *

(f) Exemption report for polymers manufactured under the terms of this section. For substances exempt under paragraphs (e)(1) through (3) of this section a report of manufacture or import must be submitted by January 31 of the year subsequent to initial manufacture. The report and accompanying claims must be submitted via CDX (https://cdx.epa.gov/), using the TSCA Section 5 Notices and Supports—ePMN application. See §720.40(a)(2)(ii) of this subchapter for information on how to access e-PMN software. The notice must include:

* * * * *

2024-02-16T06:00:00Z

EPA Final Rule: Deletion From the National Priorities List

The Environmental Protection Agency (EPA) announces the deletion of one site and partially deletion of two sites from the Superfund National Priorities List (NPL). The NPL, created under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the States, through their designated State agencies, have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

DATES: The document is effective February 16, 2024, published in the Federal Register February 16, 2024, page 12246.

Appendix B to Part 300—National Priorities List
Table 1 entry for “NJ”, “Universal Oil Products (Chemical Division”, “East Rutherford”RevisedView text
Table 2 entry for “ME”, “Portsmouth Naval Shipyard”, “Kittery”RemovedView text

Previous Text

Appendix B to Part 300—National Priorities List

Table 1—General Superfund Section
StateSite nameCity/countyNotes (a)
* * * ** * * ** * * ** * * *
NJUniversal Oil Products (Chemical Division)East Rutherford
* * * ** * * ** * * ** * * *
*P = Sites with partial deletion(s).
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Most Recent Highlights In Transportation

2024-02-14T06:00:00Z

EPA Final Rule: New Source Performance Standards Review for Steel Plants

The Environmental Protection Agency (EPA) is taking interim final action on corrections and clarifications to the new source performance standards (NSPS) for electric arc furnaces and argon-oxygen decarburization vessels in the steel industry. The corrections and clarifications are being made to address unintended and inadvertent errors in the recently finalized standards.

DATES: This interim final rule is effective on February 14, 2024, published in the Federal Register February 14, 2024, page 11198.

View final rule.

§60.273 Emission monitoring.
(c) and (d)(2) Revised View text
§60.274 Monitoring of operations.
(b)(1), (b)(3), and (c)Revised View text
(i)(9)Revised View text
§60.276 Recordkeeping and reporting requirements.
(a)Revised View text
§60.273a Emission monitoring.
(c) and (d)(2) Revised View text
§60.274a Monitoring of operations.
(b)(1), (b)(3), and (c)Revised View text
(h)(9)Revised View text
§60.276a Recordkeeping and reporting requirements.
(c)Revised View text
§60.271b Definitions.
definition “Shop opacity”Revised View text
§60.272b Standard for particulate matter.
(a)(3)Revised View text
§60.273b Emission monitoring.
(c), (d)(2), (d)(3), and (e) introductory textRevised View text
§60.274b Monitoring of operations.
(b) and (c) Revised View text
(h)(9)Revised View text
§60.276b Recordkeeping and reporting requirements.
(c)Revised View text

Previous Text

§60.273 Emission monitoring.

* * * *

(c) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) is not required on any modular, multi-stack, negative-pressure or positive- pressure fabric filter or on any single-stack fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer and the owner installs and operates a bag leak detection system according to paragraph (e) of this section whenever the control device is being used to remove particulate matter from the EAF. Visible emission observations shall be conducted at least once per day of the control device for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with EPA Method 9 of appendix A to this part, or, as an alternative, according to ASTM D7520–16 (incorporated by reference, see §60.17), with the caveats described under Shop opacity in §60.271. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission points relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the EPA Method 9 observations must be made for the point of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272(a)(2).

(d) * * *

(2) No less than once per week, commencing from the tap of one EAF heat cycle to the tap of the following heat cycle. A melt shop with more than one EAF shall conduct these readings while both EAFs are in operation. Both EAFs are not required to be on the same schedule for tapping.

* * * *

§60.274 Monitoring of operations.

* * * *

(b) * * *

(1) Monitor and record on a continuous basis the rolling 15-minute average furnace static pressure (if a DEC system is in use, and a furnace static pressure gauge is installed according to paragraph (f) of this section) and either:

(i) Install, calibrate, and maintain a monitoring device that continuously records the capture system fan motor amperes and damper position(s);

(ii) Install, calibrate, and maintain a monitoring device that continuously records on a rolling 15-minute average basis either the volumetric flow rate through each separately ducted hood; or

(iii) Install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and continuously record damper position(s).

* * * *

(3) Parameters monitored pursuant to this paragraph, excluding damper position, shall be recorded on a rolling averaging period not to exceed 15 minutes.

(c) When the owner or operator of an affected facility is required to demonstrate compliance with the standards under §60.272(a)(3) and at any other time that the Administrator may require (under section 114 of the CAA, as amended), the owner or operator shall determine during periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section, either:

(1) Monitor and record the fan motor amperes at each damper position, and damper position consistent with paragraph (i)(5) of this section;

(2) install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or

(3) install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and monitor and record the damper position consistent with paragraph (i)(5) of this section.

(4) Parameters monitored pursuant to this paragraph, excluding damper position, shall be recorded on a rolling averaging period not to exceed 15 minutes.

(5) The owner or operator may petition the Administrator or delegated authority for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's or delegated authority's satisfaction that the EAF operating conditions upon which the parameters were previously established are no longer applicable. The values of the parameters as determined during the most recent demonstration of compliance shall be the appropriate operational range or control set point throughout each applicable period. Operation at values beyond the accepted operational range or control set point may be subject to the requirements of §60.276(a).

* * * *

(i) * * *

(9) Parameters monitored pursuant to paragraphs (i)(6)–(8) of this section shall be recorded on a rolling averaging period not to exceed 15 minutes.

* * * *

§60.276 Recordkeeping and reporting requirements.

(a) Continuous operation at a furnace static pressure that exceeds the operational range or control setting under §60.274(g), for owners and operators that elect to install a furnace static pressure monitoring device under §60.274(f) or operation at flow rates lower than those established under §60.274(c) may be considered by the Administrator or delegated authority to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator or delegated authority semiannually.

* * * *

§60.273a Emission monitoring.

* * * *

(c) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) is not required on any modular, multi-stack, negative-pressure or positive-pressure fabric filter or on any single-stack fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer and the owner installs and operates a bag leak detection system according to paragraph (e) of this section whenever the control device is being used to remove particulate matter from the EAF or AOD. Visible emission observations shall be conducted at least once per day of the control device for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with EPA Method 9, or, as an alternative, according to ASTM D7520–16 (incorporated by reference, see §60.17), with the caveats described under Shop opacity in §60.271. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission points relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the EPA Method 9 observations must be made for the point of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272a(a)(2).

* * * *

(d)* * *

(2) No less than once per week, commencing from the tap of one EAF heat cycle to the tap of the following heat cycle. A melt shop with more than one EAF shall conduct these readings while both EAFs are in operation. Both EAFs are not required to be on the same schedule for tapping.

* * * *

§60.274a Monitoring of operations.

* * * *

(b) * * *

(1) Monitor and record on a continuous basis the rolling 15-minute average furnace static pressure (if a DEC system is in use, and a furnace static pressure gauge is installed according to paragraph (f) of this section) and either:

(i) Install, calibrate, and maintain a monitoring device that continuously records the capture system fan motor amperes and damper position(s);

(ii) Install, calibrate, and maintain a monitoring device that continuously records on a rolling 15-minute average basis either the volumetric flow rate through each separately ducted hood; or

(iii) Install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet continuously record damper positions(s).

* * * *

(3) Parameters monitored pursuant to this paragraph, excluding damper position, shall be recorded on a rolling averaging period not to exceed 15 minutes.

(c) When the owner or operator of an affected facility is required to demonstrate compliance with the standards under §60.272a(a)(3) and at any other time that the Administrator may require (under section 114 of the CAA, as amended), the owner or operator shall determine during periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section, all damper positions and either the:

(1) Monitor and record the fan motor amperes at each damper position, and damper position consistent with paragraph (h)(5) of this section;

(2) Install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or

(3) Install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and monitor and record the damper position consistent with paragraph (h)(5) of this section.

(4) Parameters monitored pursuant to this paragraph, excluding damper position, shall be recorded on a rolling averaging period not to exceed 15 minutes.

(5) The owner or operator may petition the Administrator or delegated authority for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's or delegated authority's satisfaction that the affected facility operating conditions upon which the parameters were previously established are no longer applicable. The values of the parameters as determined during the most recent demonstration of compliance shall be the appropriate operational range or control set point throughout each applicable period. Operation at values beyond the accepted operational range or control set point may be subject to the requirements of §60.276a(c).

* * * *

(h) * * *

(9) Parameters monitored pursuant to paragraphs (h)(6) through (8) of this section shall be recorded on a rolling averaging period not to exceed 15 minutes.

§60.276a Recordkeeping and reporting requirements.

* * * *

(c) Continuous operation at a furnace static pressure that exceeds the operational range or control setting under §60.274a(g), for owners and operators that elect to install a furnace static pressure monitoring device under §60.274a(f) or operation at flow rates lower than those established under §60.274a(c) may be considered by the Administrator or delegated authority to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator or delegated authority semiannually.

* * * *

§60.271b Definitions.

* * * *

Shop opacity means the arithmetic average of 24 observations of the opacity of any EAF or AOD emissions emanating from, and not within, the shop, during melting and refining, and during tapping, taken in accordance with EPA Method 9 of appendix A of this part, and during charging, according to the procedures in section 2.5 of Method 9 in appendix A to part 60 of this chapter, with the modification to determine the 3-minute block average opacity from the average of 12 consecutive observations recorded at 15-second intervals. For the daily opacity observation during melting and refining, during charging, and during tapping, facilities may measure opacity by EPA Method 22 of appendix A of this part, modified to require the recording of the aggregate duration of visible emissions at 15 second intervals. Alternatively, ASTM D7520–16 (incorporated by reference, see §60.17), may be used with the following five conditions:

(1) During the digital camera opacity technique (DCOT) certification procedure outlined in Section 9.2 of ASTM D7520–16 (incorporated by reference, see §60.17), the owner or operator or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree stand);

(2) The owner or operator must also have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in Section 8.1 of ASTM D7520–16 (incorporated by reference, see §60.17);

(3) The owner or operator must follow the recordkeeping procedures outlined in §60.7(f) for the DCOT certification, compliance report, data sheets, and all raw unaltered JPEGs used for opacity and certification determination;

(4) The owner or operator or the DCOT vendor must have a minimum of four independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity of anyone reading and the average error must not exceed 7.5 percent opacity;

(5) Use of this approved alternative does not provide or imply a certification or validation of any vendor's hardware or software. The onus to maintain and verify the certification and/or training of the DCOT camera, software, and operator in accordance with ASTM D7520–16 (incorporated by reference, see §60.17) and these requirements is on the facility, DCOT operator, and DCOT vendor.

* * * *

§60.272b Standard for particulate matter.

(a) * * *

(3) Exit from a shop and, due solely to the operations of any affected EAF(s) or AOD vessel(s) during melting and refining exhibit greater than 0 percent opacity, and during charging exhibit greater than 6 percent opacity, as measured in accordance with EPA Method 9 of appendix A of this part, and during charging, exhibit greater than 6 percent opacity, as measured according to the procedures in section 2.5 of Method 9 in appendix A to part 60 of this chapter, with the modification of this section of Method 9 to determine the 3-minute block average opacity from the average of 12 consecutive observations recorded at 15-second intervals; or, as an alternative, according to ASTM D7520–16 (incorporated by reference, see §60.17), with the caveats described under Shop opacity in §60.271 or, for the daily opacity observations, exhibit 0 seconds of visible emissions as measured by EPA Method 22 of appendix A of this part, modified to require the recording of the aggregate duration of visible emissions at 15 second intervals. Shop opacity shall be recorded for any point(s) during melting and refining, during charging, and during tapping where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of visible emissions during melting and refining, during charging, or during tapping, only one observation of shop opacity or visible emissions will be required during melting and refining, during charging, or during tapping. In this case, the shop opacity or visible emissions observations must be made for the point of highest emissions during melting and refining, during charging, or during tapping that directly relates to the cause (or location) of visible emissions observed during a single incident.

* * * *

§60.273b Emission monitoring.

* * * *

(c) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) is not required on any modular, multi-stack, negative-pressure or positive-pressure fabric filter or on any single-stack fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer and the owner installs and operates a bag leak detection system according to paragraph (e) of this section whenever the control device is being used to remove particulate matter from the EAF or AOD. Visible emission observations shall be conducted at least once per day on the control device for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with EPA Method 9, or, as an alternative, according to ASTM D7520–16 (incorporated by reference, see §60.17), with the caveats described under Shop opacity in §60.271. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission points relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the EPA Method 9 observations must be made for the point of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272b(a)(2).

(d)* * *

(2) No less than once per week, commencing from the tap of one EAF heat cycle to the tap of the following heat cycle. A melt shop with more than one EAF shall conduct these readings while both EAFs are in operation. Both EAFs are not required to be on the same schedule for tapping.

(3) Shop opacity shall be determined as the arithmetic average of 24 consecutive 15-second opacity observations of emissions from the shop taken in accordance with EPA Method 9 during melting and refining and during tapping; and during charging determined according to the procedures in section 2.5 of Method 9 in appendix A to part 60 of this chapter, with the modification to determine the 3-minute block average opacity from the average of 12 consecutive observations recorded at 15-second intervals; or, as an alternative, according to ASTM D7520–16 (incorporated by reference, see §60.17), with the caveats described under Shop opacity in §60.271, or as the total duration of visible emissions measured according to EPA Method 22 over a six minute period, modified to require the recording of the aggregate duration of visible emissions at 15 second intervals. Shop opacity shall be recorded for any point(s) where visible emissions are observed. Where it is possible to determine that a number of visible emission points relate to only one incident of visible emissions, only one observation of shop opacity will be required. In this case, the shop opacity observations must be made for the point of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Shop opacity shall be determined daily during melting and refining, during charging, and during tapping.

(e) A bag leak detection system must be installed on all fabric filters and operated on all single-stack fabric filters whenever the control device is being used to remove particulate matter from the EAF or AOD vessel if the owner or operator elects not to install and operate a continuous opacity monitoring system as provided for under paragraph (c) of this section. In addition, the owner or operator shall meet the visible emissions observation requirements in paragraph (c) of this section. The bag leak detection system must meet the specifications and requirements of paragraphs (e)(1) through (8) of this section.

§60.274b Monitoring of operations.

* * * *

(b) Except as provided under paragraph (e) of this section, the owner or operator subject to the provisions of this subpart shall conduct the following monitoring of the capture system to demonstrate continuous compliance:

(1) If a DEC system is in use, according to paragraph (f) of this section, monitor and record on a continuous basis the furnace static pressure and any one of (2) through (4) in this paragraph:

(2) Monitor and record the fan motor amperes at each damper position, and damper position consistent with paragraph (h)(5) of this section;

(3) Install, calibrate, and maintain a monitoring device that continuously records the volumetric air flow rate or static pressure at each separately ducted hood; or

(4) Install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and monitor and record the damper position consistent with paragraph (h)(5) of this section.

(5) The static pressure monitoring device(s) shall be installed in an EAF or DEC duct prior to combining with other ducts and prior to the introduction of ambient air, at a location that has no flow disturbance due to the junctions.

(6) The volumetric flow monitoring device(s) may be installed in any appropriate location in the capture system such that reproducible flow rate monitoring will result. The flow rate monitoring device(s) shall have an accuracy of ±10 percent over its normal operating range and shall be calibrated according to the manufacturer's instructions. The Administrator may require the owner or operator to demonstrate the accuracy of the monitoring device(s) relative to EPA Methods 1 and 2 of appendix A of this part.

(7) Parameters monitored pursuant to this paragraph, excluding damper position, shall be recorded on a rolling averaging period not to exceed 15 minutes.

(c) When the owner or operator of an affected facility is required to demonstrate compliance with the standards under §60.272b(a)(3) and at any other time that the Administrator may require (under section 114 of the CAA, as amended), the owner or operator shall determine during all periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section, either:

(1) Monitor and record the fan motor amperes at each damper position, and damper position consistent with paragraph (h)(5) of this section;

(2) install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or

(3) install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and monitor and record the damper position consistent with paragraph (h)(5) of this section.

(4) Parameters monitored pursuant to this paragraph, excluding damper position, shall be recorded on a rolling averaging period not to exceed 15 minutes.

(5) The owner or operator may petition the Administrator or delegated authority for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's or delegated authority's satisfaction that the affected facility operating conditions upon which the parameters were previously established are no longer applicable. The values of the parameters as determined during the most recent demonstration of compliance shall be the appropriate operational range or control set point throughout each applicable period. Operation at values beyond the accepted operational range or control set point may be subject to the requirements of §60.276b(c).

* * * *

(h) * * *

(9) Parameters monitored pursuant to paragraphs (h)(6)–(8) of this section shall be recorded on a rolling averaging period not to exceed 15 minutes.

§60.276b Recordkeeping and reporting requirements.

* * * *

(c) Operation at a furnace static pressure that exceeds the operational range or control setting under §60.274b(g), for owners and operators that elect to install a furnace static pressure monitoring device under 60.274b(f) or operation ranges or control settings outside of those established under §60.274b(c) may be considered by the Administrator or delegated authority to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator or delegated authority semiannually.

* * * *

Clearing the air: EPA's latest move to combat fine particulate matter
2024-02-14T06:00:00Z

Clearing the air: EPA's latest move to combat fine particulate matter

On February 7, 2024, the Environmental Protection Agency (EPA) made a significant move to improve air quality by finalizing a rule that lowers the National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5). This marks the first time in a decade that such a change has been implemented. The new rule reduces the primary annual PM2.5 standard from 12.0 micrograms per cubic meter to 9.0 micrograms per cubic meter.

It's important to note that this adjustment focuses on the primary annual PM2.5 standard. Other air quality standards for PM remain unchanged, including the primary 24-hour PM2.5 standard, the primary 24-hour coarse PM (PM10) standard, and the secondary PM2.5 and PM10 standards. This development underscores EPA's commitment to safeguarding public health and the environment.

Key changes

The final rule:

  • Lowers the primary annual PM2.5 standard. This stricter standard reflects the latest scientific evidence and is expected to prevent thousands of premature deaths and improve public health across the country.
  • Makes targeted improvements. EPA is also taking steps to address air quality disparities by focusing on monitoring and pollution-reduction efforts in communities disproportionately affected by PM2.5.
  • Enhances communication. The agency is revising the Air Quality Index to better communicate the health risks associated with different PM2.5 levels.

EPA establishes standards for six harmful pollutants (called criteria pollutants), including carbon monoxide, lead, PM, ozone, nitrogen dioxide, and sulfur dioxide. These standards are based solely on protecting public health and welfare without considering the cost of making changes.

PM2.5, also known as "soot," comes from various sources, such as vehicles, industrial facilities, construction sites, and fires. It’s associated with serious health issues like heart attacks, respiratory illnesses, and premature death. EPA estimates the new standard will prevent around 4,500 premature deaths and 290,000 lost workdays annually by 2032. Additionally, it’s expected to generate approximately $46 billion in net health benefits each year.

Regulatory process

The Clean Air Act requires that EPA review the NAAQS every five years to ensure their adequacy. The process is a multistage, robust review of the current science that requires significant expert input. If a standard is tightened, there’s a cascading effect on air quality policies and programs across the country. States and local regions must ensure that the sources of pollution in their area decrease their emissions so that the region can meet the new, more stringent national standard.

The effective date of the strengthened PM2.5 standard isn’t immediate. The rule becomes officially effective 60 days after it’s published in the Federal Register. This is expected to happen sometime in April 2024.

Implementation is a multiphase process driven by requirements in the Clean Air Act. In the first phase, EPA makes initial designations of whether areas meet the revised standards. States then develop and submit State Implementation Plans (or SIPs) outlining how to achieve the new standards. This phase, which must be done within three years, involves identifying emission sources, setting regulations, and implementing control measures.

Potential impacts

An industrial source with high emissions must apply for a permit to build a facility or expand operations in a way that increases air pollution. Here’s how your facility may be affected:

  • If your facility has a final permit in hand before the effective date of the new standard, no new permitting requirements will apply.
  • If your facility has a permit in process when the new standard takes effect, you must conduct an air quality analysis that considers the revised standard.
  • If you have plans to build a new facility or expand an existing one, you need to work with the permitting agency to estimate how much particle pollution will be emitted and choose the best available air pollution control technology to meet the new standard.

Key to remember: EPA finalized a rule to tighten the NAAQS for fine particulate matter, lowering the primary annual standard from 12.0 to 9.0 micrograms per cubic meter.

Cash-strapped EPA hikes TSCA fees for chemical activities
2024-02-13T06:00:00Z

Cash-strapped EPA hikes TSCA fees for chemical activities

Inside EPA, the Toxic Substances Control Act (TSCA) program may have, for years, looked much like a scene from an episode of “I Love Lucy,” where Lucy and Ethel take jobs at a chocolate factory. Instead of wrapping chocolates that whizzed by on a production line, however, EPA scientists faced an avalanche of new chemical submissions. A final rule, though, set to appear in the Federal Register may give these scientists some relief.

Funding problem

Prior to 2016, the agency had been reviewing just 20 percent of all new chemicals in 90 days before they entered commerce. The remaining 80 percent sailed through the new chemical submittal process without as much scrutiny and were stamped approved in 90 days.

Then, in 2016, a new law stepped things up. It mandated the review of 100 percent of new chemical submissions in the 90-day time frame. Despite the increase in duties, the agency suffered insufficient funding and staffing for the TSCA program. That meant many chemicals were stuck in review and could not go to market. Even those chemicals needed for modern technologies like semiconductors, batteries, and biotech faced the same bottleneck. Stakeholders on all sides were frustrated.

In a Congressional hearing on January 24 this year, EPA Assistant Administrator Michal Freedhoff, Ph.D., concluded: “The truth is we’re not able to achieve all that TSCA was expected to. The problem’s clear. TSCA’s underfunded … We don’t need to change the law. We need funding to implement the law we have.”

New final rule

Now, though, EPA posted a pre-publication version of a final rule to increase TSCA fees, as authorized under the law. The rule updates how EPA will recover authorized costs and ensure that collected fees provide the agency with 25 percent of authorized costs. It takes effect 60 days after the rule is published in the Federal Register.

Fee triggers

The rule would require payment of fees for eight categories of activities or events under TSCA sections 4, 5, and 6:

  • Test rules under TSCA section 4;
  • Enforceable consent agreements under TSCA section 4;
  • Test orders under TSCA section 4;
  • Pre-manufacture notices (PMNs), significant new use notices (SNUNs), and microbial commercial activity notices (MCANs) under TSCA section 5;
  • New chemical exemption applications (for low volumes, test marketing, TSCA environmental releases, etc.) under TSCA section 5;
  • EPA-initiated risk evaluations under TSCA section 6;
  • Manufacturer-requested risk evaluations for chemicals on the TSCA work plan; and
  • Manufacturer-requested risk evaluations for chemicals not on the TSCA work plan.

Who pays?

Most fee responsibilities under the rule are assigned to chemical manufacturers (including importers). In certain cases, fees may also apply to chemical processors. An example would be when a processor submits a SNUN under TSCA section 5 or is identified in a TSCA section 4 test order.

Entities that meet the definition of a “small business concern,” as defined, can receive a discount of approximately 80 percent.

Where multiple entities are subject to a fee, the final rule allows those entities to pay individually or through a consortium of payers. EPA will divide the total fee amongst responsible individual and joint payers per a formula and process described in the rule.

Fees may change in the future

During fiscal years 2024-2026, EPA says it will work to track actual TSCA implementation costs and use that data to adjust future fees, if appropriate. As required by law, EPA will evaluate and re-adjust the fees, if necessary, every three years. Note that the TSCA program is also funded, in part, by the Congressional budget.

More information

For TSCA funding and fees information, visit our TSCA Fees discussion and EPA’s “Toxic Substances Control Act (TSCA) Administration Fees” webpage.

Also check out the archived webcast, “Oversight of Toxic Substances Control Act Amendments Implementation,” a hearing held by the Senate Committee on Environment & Public Works on January 24. That hearing covered “all things TSCA related,” including the ever-controversial topic of worker protections.

In fact, when asked by one Senator why the TSCA Program is suffering “mission creep” into the OSHA arena, Freedhoff explained, “TSCA says that we have to consider the risks to ‘potentially exposed and susceptible subpopulations,’ and that term is explicitly defined to include workers.” She added that OSHA standards don’t protect everyone. By that she meant they don’t cover self-employed workers nor public workers that are not subject to a state OSHA plan. TSCA, then, can fill that gap.

The Senator replied that given the funding issues, “staying in the lane would probably be helpful.”

Key to remember

EPA posted a pre-publication version of a final rule to increase TSCA fees. It takes effect 60 days after publication in the Federal Register.

EHS Monthly Round Up - January 2024

EHS Monthly Round Up - January 2024

In this monthly video, we'll review the most impactful environmental, health, and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll go over the most impactful environmental, health, and safety news. Please view the content links in the transcript for more information about the topics I’ll be covering today. Let’s get started!

Effective January 15, OSHA penalties increased 3.2 percent for inflation. Most penalties increased to $16,131. Willful and serious violations, however, increased to $161,323.

Construction workers aged 45 and older suffer more severe injuries and higher associated costs than other age groups. Most injuries are due to slips, trips, and falls.

Washington State updated its process safety management rules to better protect workers in petroleum refineries from the hazards of volatile chemicals. The rules take effect December 27, 2024.

Bloodborne pathogens topped the list of OSHA violations for the healthcare industry in 2023. Hazard Communication was the second most cited standard, followed by respiratory protection.

OSHA Region 2 launched a regional emphasis program that targets tree trimming, tree removal, and land clearing operations. Region 2 includes New York, New Jersey, Puerto Rico, and the U.S. Virgin Islands.

EPA continues to strengthen its regulation of per- and polyfluoroalkyl — or PFAS — substances. A new rule prevents facilities from using any of the 300+ inactive PFAS before EPA conducts a risk determination and, if necessary, regulates the activity.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

EPA strengthens fine particulate matter air quality standards
2024-02-08T06:00:00Z

EPA strengthens fine particulate matter air quality standards

The Environmental Protection Agency (EPA) finalized its reconsideration of the National Ambient Air Quality Standards for Particulate Matter (NAAQS PM), strengthening the annual primary emissions limit of fine particulate matter (PM2.5), also known as soot.

What changed?

Under the Clean Air Act, EPA sets primary and secondary NAAQS. Primary standards focus on protecting human health, while secondary standards concentrate on protecting public welfare (e.g., preventing environmental damage).

In the finalized NAAQS, EPA strengthened the primary annual PM2.5 standard from 12 micrograms per cubic meter to 9 micrograms per cubic meter. The agency also:

  • Revised the Air Quality Index to improve public communications about health risks from PM2.5 exposures, and
  • Added a monitoring factor to better protect air quality in communities overburdened by air pollution.

What didn’t change?

The agency maintained:

  • The secondary annual PM2.5 standards,
  • The primary and secondary 24-hour PM2.5 standards, and
  • The primary and secondary coarse particulate matter (or PM10) standards.

Does this affect my facility?

Upon the effective date of the final rule, all applicants for permits to construct a new major source or make a major modification to an existing stationary source must conduct an air quality analysis that considers the revised PM2.5 NAAQS. Facilities with a Prevention of Significant Deterioration (PSD) permit in progress must show the new or modified source won’t violate or cause a violation of the new annual primary PM2.5 NAAQS.

When EPA establishes a new NAAQS or revises an existing one, it begins a years-long process to implement the new standards in states:

  • EPA designates areas as either meeting (attainment) or not meeting (nonattainment) the new standards.
  • State and local air agencies develop and submit to EPA infrastructure State Implementation Plans (SIPs) to confirm air quality management programs are in place.
  • Once EPA designates areas, state and local air agencies with nonattainment areas develop and submit to the agency SIPs with the strategies and emissions control measures planned to meet the NAAQS.
  • EPA then reviews the SIPs. It either approves all or parts of a SIP or disapproves the plan. Any control measures EPA approves are immediately enforceable in federal court.

Now is the time to proactively consider ways your facility can further limit PM2.5 emissions. Your organization will be better prepared to comply with any future PM emissions control regulations.

Key to remember: EPA strengthened the annual primary standards for fine particulate matter, also known as soot.

See More

Most Recent Highlights In Safety & Health

2024-02-08T06:00:00Z

EPA Proposed Rule: Listing of Specific PFAS as Hazardous Constituents

The Environmental Protection Agency (EPA or the Agency) is proposing to amend its regulation under the Resource Conservation and Recovery Act (RCRA) by adding nine specific per-and polyfluoroalkyl substances (PFAS), their salts, and their structural isomers, to its list of hazardous constituents. These nine PFAS are perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorobutanesulfonic acid (PFBS), hexafluoropropylene oxide-dimer acid (HFPO–DA or GenX), perfluorononanoic acid (PFNA), perfluorohexanesulfonic acid (PFHxS), perfluorodecanoic acid (PFDA), perfluorohexanoic acid (PFHxA), and perfluorobutanoic acid (PFBA). EPA's criteria for listing substances as hazardous constituents under RCRA require that they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. EPA reviewed and evaluated key toxicity and epidemiological studies and assessments for the nine PFAS to determine whether the available data for these PFAS meet the Agency's criteria for listing substances as hazardous constituents under RCRA. Based on EPA's evaluation, the above nine PFAS, their salts, and their structural isomers meet the criteria for being listed as RCRA hazardous constituents. As a result of this proposed rule, if finalized, when corrective action requirements are imposed at a facility, these PFAS would be among the hazardous constituents expressly identified for consideration in RCRA facility assessments and, where necessary, further investigation and cleanup through the RCRA corrective action process at RCRA treatment, storage, and disposal facilities.

DATES: This proposed rule is published in the Federal Register February 8, 2024, page 8606.

View proposed rule.

2024-02-08T06:00:00Z

EPA Proposed Rule: Revision to Hazardous Waste Definition

This proposed rule would amend the definition of hazardous waste applicable to corrective action to address releases from solid waste management units at RCRA-permitted treatment, storage, and disposal facilities and make related conforming amendments, thereby providing clear regulatory authority to fully implement the Resource Conservation and Recovery Act (RCRA) statutory requirement that permitted facilities conduct corrective action to address releases not only of substances listed or identified as hazardous waste in the regulations but of any substance that meets the statutory definition of hazardous waste. The proposed rule would also provide notice of EPA's interpretation that the statutory definition of hazardous waste applies to corrective action for releases from solid waste management units at permitted and interim status facilities.

DATES: This proposed rule is published in the Federal Register February 8, 2024, page 8598.

View proposed rule.

2024-02-08T06:00:00Z

EPA Final Rule: Final Authorization of State Hazardous Waste Management Program for South Dakota

The State of South Dakota Department of Agriculture and Natural Resources has applied to the Environmental Protection Agency (EPA) for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through this direct final action. The EPA uses the regulations entitled, “Approved State Hazardous Waste Management Programs” to provide notice of the authorization status of State programs and to incorporate by reference those provisions of State statutes and regulations that will be subject to the EPA's inspection and enforcement. This rule also codifies in the regulations the approval of South Dakota's hazardous waste management program and incorporates by reference authorized provisions of the State's regulations.

DATES: This direct final rule is effective on April 8, 2024 is published in the Federal Register February 8, 2024, page 8540.

§272.2101 South Dakota State-administered program: Final authorization.
Entire section RevisedView text
Appendix A to Part 272—State Requirements
Listing for “South Dakota” RevisedView text

New Text

§272.2101 South Dakota State-administered program: Final authorization.

(a) History of the State of South Dakota authorization. Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), South Dakota has final authorization for the following elements as submitted to EPA in South Dakota's base program application for final authorization which was approved by EPA effective on November 2, 1984. Subsequent program revision applications were approved effective on June 17, 1991, November 8, 1993, March 11, 1994, September 23, 1996, June 8, 2000, May 24, 2004, March 8, 2006, August 8, 2012, August 23, 2016, and April 8, 2024.

(b) Enforcement authority. The State of South Dakota has primary responsibility for enforcing its hazardous waste management program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, and any other applicable statutory and regulatory provisions, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.

(c) State statutes and regulations —(1) Incorporation by reference. The South Dakota regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for inspection at the EPA and at the National Archives and Records Administration (NARA). You may inspect a copy at EPA Region 8, 1595 Wynkoop Street, Denver, Colorado, phone number (303) 312–6667. For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. You may obtain copies of the South Dakota regulations that are incorporated by reference in this paragraph from South Dakota Legislative Research Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre, SD 57501, phone number 605–773–3251.

(i) EPA-Approved South Dakota Regulatory Requirements Applicable to the Hazardous Waste Management Program, dated June 2022.

(ii) [Reserved]

(2) Legal basis. The following provisions provide the legal basis for the State's implementation of the hazardous waste program, but they are not being incorporated by reference and do not replace Federal authorities:

(i) South Dakota Codified Laws (SDCL), as amended, 2021 Revision, Title 1, State Affairs and Government: Chapter 1–26, Administrative Procedures and Rules, sections 1–26–1(1), 1–26–1(4), 1–26–1(8) introductory paragraph, 1–26–1(8)(a), 1–26–2, 1–26–6.6, 1–26–16 through 1–26–19, 1–26–19.1, 1–26–19.2, 1–26–21, 1–26–27, 1–26–29, 1–26–30, 1–26–30.1, 1–26–30.2, 1–26–30.4, 1–26–31, 1–26–31.1, 1–26–31.2, 1–26–31.4, 1–26–35 and 1–26–36; Chapter 1–27, Public Records and Files, sections 1–27–1, 1–27–3, 1–27–9(2) and 1–27–28, 1–27–31; Chapter 1–32, Executive Reorganization, section 1–32–1(1); Chapter 1–41, Department of Agriculture and Natural Resources, sections 1–41–3.4, 1–41–18, 1–41–24 and 1–41–25.1.

(ii) SDCL, as amended, 2021 Revision, Title 15, Civil Procedure: Chapter 15–6, Rules of Procedure in Circuit Courts, section 15–6–24(a)–(c).

(iii) SDCL, as amended, 2021 Revision, Title 19, Evidence: Chapter 19–13, Privileges, sections 19–19–502(1), 19–19–502(5), 19–19–502(b), 19–19–507 and 19–19–509.

(iv) SDCL, as amended, 2021 Revision, Title 21, Judicial Remedies: Chapter 21–8, Injunction, section 21–8–1.

(v) SDCL, as amended, 2021 Revision, Title 22, Crimes: Chapter 22–6, Authorized Punishments, sections 22–6–1 introductory paragraph and 22–6–1(7).

(vi) SDCL, as amended, 2021 Revision, Title 23, Law Enforcement: Chapter 23–5, Criminal Identification, sections 23–5–1, 23–5–10(1), 23–5–10(3), 23–5–10(4) and 23–5–11 first sentence; Chapter 23–6, Criminal Statistics, section 23–6–4.

(vii) SDCL, as amended, 2021 Revision, Title 34, Public Health and Safety: Chapter 34–21, Radiation and Uranium Resources Exposure Control, section 34–21–2(7).

(viii) SDCL, as amended, 2021 Revision, Title 34A, Environmental Protection: Chapter 34A–6, Solid Waste Disposal, section 34A–6–1.3(17); Chapter 34A–10, Remedies for Protection of Environment, sections 34A–10–1, 34A–10–2, 34A–10–2.5, 34A–10–5, 34A–10–11, 34A–10–14 and 34A–10–16, Chapter 34A–11, Hazardous Waste Management, sections 34A–11–1, 34A–11–2 through 34A–11–4, 34A–11–5, 34A–11–8 through 34A–11–12, 34A–11–13 through 34A–11–16, 34A–11–17 through 34A–11–19, 34A–11–21 and 34A–11–22; Chapter 34A–12, Regulated Substance Discharges, sections 34A–12–1(8), 34A–12–4, 34A–12–6, 34A–12–8 through 34A–12–13, 34A–12–13.1 and 34A–12–14.

(ix) SDCL, as amended, 2021 Revision, Title 37, Trade Regulation, Chapter 37–29, Uniform Trade Secrets Act, section 37–29–1(4).

(x) Administrative Rules of South Dakota (ARSD), Article 74:08, Administrative Fees, effective April 19, 2021: Chapter 74:08:01, Fees for Records Reproduction, sections 74:08:01:01, 74:08:01:03, 74:08:01:04, 74:08:01:05.

(3) Related legal provisions. The following statutory provisions are broader in scope than the Federal program, are not part of the authorized program, are not incorporated by reference, and are not federally enforceable:

(i) SDCL, as amended, 2021 Revision, Title 34A, Environmental Protection, Chapter 34A–11, Hazardous Waste Management, sections 34A–11–12.1, 34A–11–16.1, 34A–11–25 and 34A–11–26.

(ii) [Reserved]

(4) Unauthorized State amendments. South Dakota has adopted but is not authorized for the following Federal final rules:

(i) Hazardous Waste Management System; User Fees for the Electronic Waste Manifest System and Amendments to Manifest Regulations (Non-HSWA), published in the Federal Register of 1/3/18.

(ii) Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (HSWA/Non-HSWA), published in the Federal Register of 2/22/19.

(iii) Those Federal rules written under RCRA provisions that predate HSWA (non-HSWA) which the State has adopted, but for which it is not authorized, are not federally enforceable. In contrast, EPA will continue to enforce the Federal HSWA standards for which South Dakota is not authorized until the State receives specific authorization from EPA.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 8 and the State of South Dakota, signed by the Secretary of the South Dakota Department of Agriculture and Natural Resources Secretary on March 20, 2023, and by the EPA Region 8 Regional Administrator on March 10, 2023, although not incorporated by reference, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

(6) Statement of legal authority. “Attorney General's Statement for Final Authorization”, signed by the Attorney General of South Dakota on May 24, 1984, and revisions, supplements and addenda to that Statement dated January 14, 1991, September 11, 1992, September 25, 1992, April 1, 1993, September 24, 1993, December 29, 1994, September 5, 1995, October 23, 1997, October 27, 1997, October 28, 1997, November 5, 1999, June 26, 2000, June 18, 2002, October 19, 2004, May 11, 2009, May 5, 2015, and November 29, 2021, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

(7) Program Description. The Program Description and any other materials submitted as supplements thereto, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

Appendix A to Part 272—State Requirements

* * * * *

South Dakota

The regulatory provisions include:

Administrative Rules of South Dakota (ARSD), Article 74:28, Hazardous Waste, as amended effective April 19, 2021, adopting by reference the Federal regulations as of July 1, 2018, and 83 FR 61552 (November 30, 2018).

Sections 74:28:21:01 (except the reference to “260.4 and 260.5” at 74:28:21:01(3)(b)(xii), and (14)(f)), 74:28:21:02, 74:28:21:03, 74:28:22:01 (except the phrase “; and 84 FR 36, 5938–5950 (February 22, 2019)”), 74:28:23:01, 74:28:24:01, 74:28:25:01 (except the phrase “; and 84 FR 36, 5938–5950 (February 22, 2019)”), 74:28:25:02 through 74:28:25:05, 74:28:26:01 (except the phrase “; and 84 FR 36, 5938–5950 (February 22, 2019)” in the introductory paragraph), 74:28:27:01 (except the phrase “; 84 FR 36, 5938–5950 (February 22, 2019)” in the introductory paragraph), 74:28:28:01 (except the phrase “; and 84 FR 36, 5938–5950 (February 22, 2019)”), 74:28:28:02 through 74:28:28:05, 74:28:29:01, 74:28:30:01 (except the phrase “; and 84 FR 36, 5938–5950 (February 22, 2019)”) and 74:28:33:01 (except the phrase “; and 84 FR 36, 5938–5950 (February 22, 2019)”); Article 74:36, Air Pollution Control Program, section 74:36:11:01.

Copies of the South Dakota regulations that are incorporated by reference are available from South Dakota Legislative Research Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre, SD 57501, (Phone: 605–773–3251).

* * * * *

Avoid NESHAP Mishaps: Determine whether your facility must comply
2024-02-05T06:00:00Z

Avoid NESHAP Mishaps: Determine whether your facility must comply

The Office of Management and Budget (OMB) recently completed its review of the proposed rule to expand the National Emission Standards for Hazardous Air Pollutants (NESHAP) for lime manufacturing plants. If the Environmental Protection Agency (EPA) finalizes the rule, it will regulate four additional hazardous air pollutants (HAPs). The OMB also has many other proposed NESHAP-strengthening rules queued for review.

This news likely brings up some questions. What exactly is a NESHAP? Is your facility subject to NESHAP regulations? Let’s take a closer look.

Defining NESHAP terms

EPA limits the amount of HAPs a facility can release into the air (or emit) through NESHAPs. The regulations apply to stationary sources, which are any buildings, structures, facilities, or installations that emit or may emit a HAP.

The agency puts stationary sources into industrial groups called source categories. Examples of the categories include asbestos, lead acid battery manufacturing, and petroleum refineries. EPA provides on its website a complete list of the source categories and where to find each category in the regulations.

Is my facility subject to NESHAPs?

The first potential mishap a facility faces is not knowing whether it’s covered by a NESHAP.

EPA controls HAP emissions in two ways. The rules under 40 CFR Part 61 regulate emissions by the type of HAPs released through specific activities, like removing asbestos when renovating a building. Part 63 regulates emissions based on the source categories, such as integrated iron and steel manufacturing.

To determine whether any NESHAPs apply to your facility, answer these questions.

1. Does your facility conduct any of the activities regulated under Part 61?

If your facility conducts any activities covered by Part 61, you must comply with the NESHAP for that specific activity and HAP. For example, a plant that produces vinyl chloride by any process is subject to the NESHAP for vinyl chloride (Part 61 Subpart F).

If your facility does not conduct any activities covered under Part 61, it’s not subject to the NESHAP regulations under Part 61.

2. Does a source category under Part 63 cover your facility?

If your facility does not fall under any source category identified in Part 63, it’s not subject to a NESHAP. However, if your facility is covered by a source category, you must then determine whether your facility is a major source or an area source.

Note that most source categories are regulated under Part 63, but a few are regulated under Part 61 in Subparts BB, C, D, E, F, FF, L, M, N, O, and P.

3. Does your facility qualify as a major source or an area source under Part 63?

A major source is any facility or group of facilities located on the same property under common control that emits or has the potential to emit either:

  • 10 tons or more per year of any HAP, or
  • 25 tons or more per year of any combination of HAPs.

An area source is any facility or group of facilities that emit HAPs below the major source thresholds.

It’s important to distinguish between major and area sources because both types have applicable NESHAPs based on different standards. Maximum Achievable Control Technology (MACT) standards apply to major sources and reflect the maximum degree of HAP emission reduction possible. Some area sources are subject to Generally Available Control Technologies standards, which are typically less stringent than MACT standards and require minimum management practices to reduce HAP emissions.

If your facility falls under a source category and is either a major source or an area source with an applicable NESHAP, it’s subject to the NESHAP regulations under Part 63.

Tips to avoid NESHAP mishaps

Help keep your facility compliant with these tips:

  • Remember that NESHAPs are different from Title V operating permits, which require different compliance actions. Major sources and some area sources are required to obtain Title V operating permits.
  • Check EPA’s Federal Register page regularly for proposed and final rules about NESHAPs. Determine whether your facility could or will be affected. Note any new NESHAP compliance deadlines to ensure your facility stays on track to meet the requirements.
  • Evaluate the state requirements. EPA has delegated authority to many states to implement and enforce NESHAPs, and states may make minor changes to the rules.

Key to remember: The first step of compliance with the National Emission Standards for Hazardous Air Pollutants is to determine whether your facility is covered by the regulations.

2024-01-30T06:00:00Z

EPA Final Rule: Safe Drinking Water Act Test Procedures Amendments

This action announces the Environmental Protection Agency's (EPA's) approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register . EPA is using this streamlined authority to make 93 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection.

DATES: This action is effective January 30, 2024, published in the Federal Register January 30, 2024, page 5773.

View final rule.

Appendix A to Subpart C of Part 141—Alternative Testing Methods Approved for Analyses Under the Safe Drinking Water Act
Table Alternative Testing Methods for Contaminants Listed at 40 CFR 141.23(k)(1)RevisedView text
Table Alternative Testing Methods for Contaminants Listed at 40 CFR 141.24(e)(1)RevisedView text
Table Alternative Testing Methods for Contaminants Listed at 40 CFR 141.25(a)RevisedView text
Table Alternative Testing Methods for Contaminants Listed at 40 CFR 141.74(a)(1)RevisedView text
Table Alternative Testing Methods for Disinfectant Residuals Listed at 40 CFR 141.74(a)(2)RevisedView text
Table Alternative Testing Methods for Contaminants Listed at 40 CFR 141.131(b)(1)RevisedView text
Table Alternative Testing Methods for Disinfectant Residuals Listed at 40 CFR 141.131(c)(1)RevisedView text
Table Alternative Testing Methods for Parameters Listed at 40 CFR 141.131(d)RevisedView text
Table Alternative Testing Methods for Contaminants Listed at 40 CFR 141.402(c)(2)RevisedView text
Table Alternative Testing Methods for Contaminants Listed at 40 CFR 141.852(a)(5)RevisedView text
Table Alternative Testing Methods for Contaminants Listed at 40 CFR 143.4(b) RevisedView text

Previous Text

Appendix A to Subpart C of Part 141—Alternative Testing Methods Approved for Analyses Under the Safe Drinking Water Act

* * * *

Alternative Testing Methods for Contaminants Listed at 40 CFR 141.23(k)(1)
ContaminantMethodologyEPA method SM 21st edition 1 SM 22nd edition 28 SM 23rd edition 49 SM Online 3 ASTM 4Other
AlkalinityTitrimetric2320 B2320 B2320 BD1067-06 B, 11 B, 16 B
AntimonyHydride—Atomic AbsorptionD 3697-07, -12, -17
Atomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
ArsenicAtomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10D 2972-08 C, -15 C
Hydride Atomic Absorption3114 B3114 B3114 B3114 B-09D 2972-08 B, -15 B
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
BariumInductively Coupled Plasma3120 B3120 B3120 B
Atomic Absorption; Direct3111 D3111 D3111 D
Atomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
BerylliumInductively Coupled Plasma3120 B3120 B3120 B
Atomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10D 3645-08 B, -15 B
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
CadmiumAtomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
CalciumEDTA titrimetric3500-Ca B3500-Ca B3500-Ca BD 511-09, -14 A
Atomic Absorption; Direct Aspiration3111 B3111 B3111 BD 511-09, -14 B
Inductively Coupled Plasma3120 B3120 B3120 B
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
Ion ChromatographyD 6919-09, -17
ChromiumInductively Coupled Plasma3120 B3120 B3120 B
Atomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
CopperAtomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10D 1688-07, -12 C, -17 C
Atomic Absorption; Direct Aspiration3111 B3111 B3111 BD 1688-07, -12 A, -17 A
Inductively Coupled Plasma3120 B3120 B3120 B
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
Colorimetry Hach Method 8026. 35 Hach Method 10272 36
ConductivityConductance2510 B2510 B2510 BD 1125-14 A
Cyanide Manual Distillation with MgCl 2 followed by: 4500-CN C4500-CN C4500-CN C4500-CN C-99D 2036-06 A
Spectrophotometric, Amenable4500-CN G4500-CN G4500-CN GD 2036-06 B
Spectrophotometric Manual4500-CN E4500-CN E4500-CN ED2036-06 A
Selective Electrode4500-CN F4500-CN F4500-CN F
Gas Chromatography/Mass Spectrometry Headspace ME355.01. 7
FluorideIon Chromatography4110 B4110 B4110 BD 4327-11, -17
Manual Distillation; Colorimetric SPADNS4500-F B, D4500-F B, D4500-F B, D
Manual Electrode4500-F C4500-F C4500-F CD 1179-04, 10 B, 16 B
Automated Alizarin4500-F E4500-F E4500-F E
Arsenite-Free Colorimetric SPADNS Hach SPADNS. 2 Method 10225. 22
LeadAtomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10D 3559-08 D, -15 D
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
Differential Pulse Anodic Stripping Voltametry Method 1001, Rev. 1.1 57
MagnesiumAtomic Absorption3111 B3111 B3111 BD 511-09, -14 B
Inductively Coupled Plasma3120 B3120 B3120 B
Complexation Titrimetric Methods3500-Mg B3500-Mg B3500-Mg BD 511-09, -14 A
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
Ion ChromatographyD 6919-09, -17
MercuryManual, Cold Vapor3112 B3112 B3112 B3112 B-09D 3223-12, -17
NickelInductively Coupled Plasma3120 B3120 B3120 B
Atomic Absorption; Direct3111 B3111 B3111 B
Atomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
NitrateIon Chromatography4110 B4110 B4110 BD 4327-11, -17
Automated Cadmium Reduction 4500-NO 3 F 4500-NO 3 F 4500-NO 3 F
Manual Cadmium Reduction 4500-NO 3 E 4500-NO 3 E 4500-NO 3 E
Ion Selective Electrode 4500-NO 3 D 4500-NO 3 D 4500-NO 3 D
Reduction/Colorimetric Systea Easy (1-Reagent). 8 NECi Nitrate-Reductase. 40
Colorimetric; Direct Hach TNTplus TM 835/836 Method 10206. 23
Capillary Ion ElectrophoresisD 6508-15
NitriteIon Chromatography4110 B4110 B4110 BD 4327-11, -17
Automated Cadmium Reduction 4500-NO 3 F 4500-NO 3 F 4500-NO 3 F
Manual Cadmium Reduction 4500-NO 3 E 4500-NO 3 E 4500-NO 3 E
Spectrophotometric 4500-NO 2 B 4500-NO 2 B 4500-NO 2 B
Reduction/Colorimetric Systea Easy (1-Reagent). 8 NECi Nitrate-Reductase. 40
Capillary Ion ElectrophoresisD 6508-15
Ortho-phosphateIon Chromatography4110 B4110 B4110 BD 4327-11, -17
Colorimetric, ascorbic acid, single reagent4500-P E4500-P E4500-P E4500-P E-99
Colorimetric, Automated, Ascorbic Acid4500-P F4500-P F4500-P F4500-P F-99 Thermo Fisher Discrete Analyzer. 41
Capillary Ion ElectrophoresisD 6508-15
pHElectrometric 150.3 484500-H + B4500-H + B4500-H + BD 1293-12, -18
SeleniumHydride-Atomic Absorption3114 B3114 B3114 B3114 B-09D 3859-08 A, -15 A
Atomic Absorption; Furnace3113 B3113 B3113 B3113 B-04, B-10D 3859-08 B, -15 B
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
SilicaColorimetricD859-05, 10, 16
Molybdosilicate 4500-SiO 2 C 4500-SiO 2 C 4500-SiO 2 C
Heteropoly blue 4500-SiO 2 D 4500-SiO 2 D 4500-SiO 2 D
Automated for Molybdate-reactive Silica 4500-SiO 2 E 4500-SiO 2 E 4500-SiO 2 E
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
Inductively Coupled Plasma3120 B3120 B3120 B
SodiumAtomic Absorption; Direct Aspiration3111 B3111 B3111 B
Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2 2
Ion ChromatographyD 6919-09, -17
TemperatureThermometric2550255025502550-10

Alternative Testing Methods for Contaminants Listed at 40 CFR 141.24(e)(1)
ContaminantMethodologyEPA method SM 21st edition 1 SM 22nd edition, 28 SM 23rd edition 49 SM Online 3 ASTM 4Other
BenzenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
Carbon tetrachloridePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
ChlorobenzenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
1,2-DichlorobenzenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
1,4-DichlorobenzenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
1,2-DichloroethanePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
cis-DichloroethylenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
trans-DichloroethylenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
DichloromethanePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
1,2-DichloropropanePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
EthylbenzenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
StyrenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
TetrachloroethylenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
1,1,1-TrichloroethanePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
TrichloroethylenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
ToluenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
1,2,4-TrichlorobenzenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
1,1-DichloroethylenePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
1,1,2-TrichlorethanePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
Vinyl chloridePurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
Xylenes (total)Purge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.
2,4-DGas Chromatography/Electron Capture Detection (GC/ECD)6640 B6640 B6640 B-01, B-06D 5317-20.
2,4,5-TP (Silvex)Gas Chromatography/Electron Capture Detection (GC/ECD)6640 B6640 B6640 B-01, B-06D 5317-20.
AlachlorSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
AtrazineLiquid Chromatography Electrospray Ionization Tandem Mass Spectrometry (LC/ESI-MS/MS)25 536.
Solid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3, 26 523.
Benzo(a)pyreneSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
CarbofuranHigh-performance liquid chromatography (HPLC) with post-column derivatization and fluorescence detection6610 B6610 B6610 B-04.
Liquid Chromatography/Mass Spectrometry58 ME 531
ChlordaneSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3
DalaponIon Chromatography Electrospray Ionization Tandem Mass Spectrometry (IC-ESI-MS/MS)14 557.
Gas Chromatography/Electron Capture Detection (GC/ECD)6640 B6640 B6640 B-01, B-06.
Di(2-ethylhexyl)adipateSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
Di(2-ethylhexyl)phthalateSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
Dibromochloropropane (DBCP)Purge &Trap/Gas Chromatography/Mass Spectrometry9 524.3.
DinosebGas Chromatography/Electron Capture Detection (GC/ECD)6640 B6640 B6640 B-01, B-06.
EndrinSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
Ethyl dibromide (EDB)Purge &Trap/Gas Chromatography/Mass Spectrometry9 524.3.
GlyphosateHigh-Performance Liquid Chromatography (HPLC) with Post-Column Derivatization and Fluorescence Detection6651 B6651 B6651 B-00, B-05.
HeptachlorSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
Heptachlor EpoxideSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
HexachlorobenzeneSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
Hexachlorocyclo-pentadieneSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
LindaneSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
MethoxychlorSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
OxamylHigh-performance liquid chromatography (HPLC) with post-column derivatization and fluorescence detection6610 B6610 B6610 B-04.
Liquid Chromatography/Mass Spectrometry58 ME 531.
PCBs (as Aroclors)Solid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
PentachlorophenolGas Chromatography/Electron Capture Detection (GC/ECD)6640 B6640 B6640 B-01, B-06D 5317-20.
Solid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
PicloramGas Chromatography/Electron Capture Detection (GC/ECD)6640 B6640 B6640 B-01, B-06D 5317-20.
SimazineLiquid Chromatography Electrospray Ionization Tandem Mass Spectrometry (LC/ESI-MS/MS)25 536.
Solid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3, 26 523.
ToxapheneSolid Phase Extraction/Gas Chromatography/Mass Spectrometry (GC/MS)24 525.3.
Total TrihalomethanesPurge &Trap/Gas Chromatography/Mass Spectrometry9 524.3, 29 524.4.

Alternative Testing Methods for Contaminants Listed at 40 CFR 141.25(a)
ContaminantMethodologyEPA method SM 21st edition 1 SM 22nd edition, 28 SM 23rd edition 49 ASTM 4 SM Online 3
Naturally Occurring:
Gross alpha and betaEvaporation 900.0, Rev. 1.0 507110 B7110 B
Liquid ScintillationD 7283-177110 D-17.
Gross alphaCoprecipitation7110 C7110 C
Radium 226Radon emanation 903.1, Rev. 1.0 537500-Ra C7500-Ra CD 3454-05, -18
Radiochemical 903.0, Rev. 1.0 547500-Ra B7500-Ra BD 2460-07
Gamma Spectrometry7500-Ra E7500-Ra E-07.
Radium 228 Radiochemical 904.0, Rev. 1.0  627500-Ra D7500-Ra D.
Gamma Spectrometry7500-Ra E7500-Ra E-07.
UraniumRadiochemical7500-U B7500-U B
ICP-MS3125D 5673-05, 10, 16
Alpha spectrometry7500-U C7500-U CD 3972-09
Laser PhosphorimetryD 5174-07
Alpha Liquid Scintillation SpectrometryD 6239-09
Man-Made:
Radioactive CesiumRadiochemical7500-Cs B7500-Cs B
Gamma Ray Spectrometry71207120D 3649-06
Radioactive Iodine Radiochemical7500-I B, 7500-I C, 7500-I D7500-I B, 7500-I C, 7500-I DD 3649-06.
Gamma Ray Spectrometry71207120D 4785-08, -20.
Radioactive Strontium 89, 90Radiochemical7500-Sr B7500-Sr B
Tritium Liquid Scintillation 7500- 3 H B 7500- 3 H B D 4107-08, -20
Gamma Emitters Gamma Ray Spectrometry7120, 7500-Cs B, 7500-I B7120, 7500-Cs B, 7500-I BD 3649-06, D 4785-08, -20

Alternative Testing Methods for Contaminants Listed at 40 CFR 141.74(a)(1)
OrganismMethodology SM 21st edition 1 SM 22nd edition 28 SM 23rd edition 49 SM Online 3Other
Total ColiformTotal Coliform Fermentation Technique9221 A, B, C9221 A, B, C9221 A, B, C9221 A,B,C-06
Total Coliform Membrane Filter Technique9222 A, B, C9222 A, B, C.
ONPG-MUG Test92239223 B9223 B9223 B-04.
Fecal ColiformsFecal Coliform Procedure9221 E9221 E9221 E9221 E-06.
Fecal Coliform Filter Procedure9222 D9222 D9222 D9222 D-06.
Heterotrophic bacteriaPour Plate Method9215 B9215 B9215 B9215 B-04.
Turbidity Nephelometric Method2130 B2130 B2130 B Hach Method 8195, Rev. 3.0. 52
Laser Nephelometry (on-line) Mitchell M5271, 10 Mitchell M5331, Rev. 1.2, 42 Lovibond PTV 6000. 46
LED Nephelometry (on-line) Mitchell M5331, 11 Mitchell M5331, Rev. 1.2  42 , Lovibond PTV 2000. 45
LED Nephelometry (on-line) AMI Turbiwell, 15 Lovibond PTV 1000. 44
LED Nephelometry (portable) Orion AQ4500, 12 Lovibond TB 3500, 64 Lovibond TB 5000. 65
Laser Nephelometry (portable) Lovibond TB 6000  63.
360° Nephelometry Hach Method 10258, Rev. 1.0, 39 Hach Method 10258, Rev. 2.0. 51

Alternative Testing Methods for Disinfectant Residuals Listed at 40 CFR 141.74(a)(2)
ResidualMethodologyEPA methods SM 21st edition 1 SM 22nd edition 28 , SM 23rd edition 49 ASTM 4Other
Free ChlorineAmperometric Titration4500-Cl D4500-Cl DD 1253-08, -14
DPD Ferrous Titrimetric4500-Cl F4500-Cl F
DPD Colorimetric4500-Cl G4500-Cl G Hach Method 10260. 31
Indophenol Colorimetric Hach Method 10241. 34
Syringaldazine (FACTS)4500-Cl H4500-Cl H
On-line Chlorine Analyzer 334.0 16
Amperometric Sensor ChloroSense 17 , ChloroSense Rev. 1.1. 59
Total ChlorineAmperometric Titration4500-Cl D4500-Cl DD 1253-08, -14
Amperometric Titration (Low level measurement)4500-Cl E4500-Cl E
DPD Ferrous Titrimetric4500-Cl F4500-Cl F
DPD Colorimetric4500-Cl G4500-Cl G Hach Method 10260. 31
Iodometric Electrode4500-Cl I4500-Cl I
On-line Chlorine Analyzer 334.0 16
Amperometric Sensor ChloroSense 17 , ChloroSense, Rev. 1.1. 59
Indophenol Colorimetric 127. 55
Chlorine DioxideAmperometric Titration 4500-ClO 2 C 4500-ClO 2 C
Amperometric Titration 4500-ClO 2 E 4500-ClO 2 E
Amperometric Sensor ChlordioX Plus 32 , ChlordioX Plus, Rev. 1.1. 60
OzoneIndigo Method 4500-O 3 B 4500-O 3 B

Alternative Testing Methods for Contaminants Listed at 40 CFR 141.131(b)(1)
ContaminantMethodologyEPA method ASTM 4 SM online 3 SM 21st edition 1 SM 22nd edition, 28 SM 23rd edition 49Other
TTHMP&T/GC/MS 524.3, 9 524.4. 29
HAA5LLE (diazomethane)/GC/ECD6251 B-076251 B6251 B.
Ion Chromatography Electrospray Ionization Tandem Mass Spectrometry (IC-ESI-MS/MS) 557. 14
Two-Dimensional Ion Chromatography (IC) with Suppressed Conductivity Detection Thermo Fisher 557.1. 47
BromateTwo-Dimensional Ion Chromatography (IC) 302.0. 18
Ion Chromatography Electrospray Ionization Tandem Mass Spectrometry (IC-ESI-MS/MS) 557. 14
Chemically Suppressed Ion ChromatographyD 6581-08 A.
Electrolytically Suppressed Ion ChromatographyD 6581-08 B.
ChloriteChemically Suppressed Ion ChromatographyD 6581-08 A.
Electrolytically Suppressed Ion ChromatographyD 6581-08 B.
Chlorite—daily monitoring as prescribed in 40 CFR 141.132(b)(2)(i)(A)Amperometric Titration Amperometric Sensor 4500-ClO 2 E 4500-ClO 2 E ChlordioX Plus 32 , ChlordioX Plus, Rev. 1.1. 60

Alternative Testing Methods for Disinfectant Residuals Listed at 40 CFR 141.131(c)(1)
ResidualMethodology SM 21st edition 1 SM 22nd edition, 28 SM 23rd edition 49 ASTM 4Other
Free ChlorineAmperometric Titration4500-Cl D4500-Cl DD 1253-08, -14
DPD Ferrous Titrimetric4500-Cl F4500-Cl F
DPD Colorimetric4500-Cl G4500-Cl G Hach Method 10260. 31
Indophenol Colorimetric Hach Method 10241. 34
Syringaldazine (FACTS)4500-Cl H4500-Cl H
Amperometric Sensor ChloroSense 17 , ChloroSense, Rev. 1.1. 59
On-line Chlorine Analyzer EPA 334.0. 16
Combined ChlorineAmperometric Titration4500-Cl D4500-Cl DD 1253-08, -14.
DPD Ferrous Titrimetric4500-Cl F4500-Cl F
DPD Colorimetric4500-Cl G4500-Cl G Hach Method 10260. 31
Total ChlorineAmperometric Titration4500-Cl D4500-Cl DD 1253-08, -14
Low level Amperometric Titration4500-Cl E4500-Cl E
DPD Ferrous Titrimetric4500-Cl F4500-Cl F
DPD Colorimetric4500-Cl G4500-Cl G Hach Method 10260. 31
Iodometric Electrode4500-Cl I4500-Cl I
Amperometric Sensor ChloroSense, 17 ChloroSense, Rev. 1.1. 59
On-line Chlorine Analyzer
On-line Chlorine Analyzer EPA 334.0. 16
Chlorine DioxideAmperometric Method II 4500-ClO 2 E 4500-ClO 2 E
Amperometric Sensor ChlordioX Plus, 32 ChlordioX Plus, Rev. 1.1. 60

Alternative Testing Methods for Parameters Listed at 40 CFR 141.131(d)
ParameterMethodology SM 21st edition 1 SM 22nd edition 28 SM 23rd edition 49 SM online 3EPAOther
Total Organic Carbon (TOC)High Temperature Combustion5310 B5310 B5310 B 415.3, Rev 1.2. 19
Persulfate-Ultraviolet or Heated Persulfate Oxidation5310 C5310 C5310 C 415.3, Rev 1.2. 19 Hach Method 10267. 38
Wet Oxidation5310 D5310 D 415.3, Rev 1.2. 19
Ozone Oxidation Hach Method 10261. 37
Specific Ultraviolet Absorbance (SUVA) Calculation using DOC and UV 254 data 415.3, Rev 1.2. 19
Dissolved Organic Carbon (DOC)High Temperature Combustion5310 B5310 B5310 B 415.3, Rev 1.2. 19
Persulfate-Ultraviolet or Heated Persulfate Oxidation5310 C5310 C5310 C 415.3, Rev 1.2. 19
Wet Oxidation5310 D5310 D 415.3, Rev 1.2. 19
Ultraviolet absorption at 254 nm (UV 254) Spectrophotometry5910 B5910 B5910 B5910 B-11 415.3, Rev 1.2. 19

Alternative Testing Methods for Contaminants Listed at 40 CFR 141.402(c)(2)
OrganismMethodology SM 20th edition 6 SM 21st edition 1 SM 22nd edition 28 SM 23rd edition 49 SM online 3Other
E. coliColilert9223 B9223 B9223 B9223 B-97, B-04
Colisure9223 B9223 B9223 B9223 B-97, B-04
Colilert-189223 B9223 B9223 B9223 B9223 B-97, B-04
Readycult® Readycult®. 20
Colitag Modified Colitag 13 , Modified Colitag, Version 2.0. 61
Chromocult® Chromocult®. 21
EC-MUG9221 F9221 F9221 F-06
NA-MUG9222 I
m-ColiBlue24 Test9222 J
EnterococciMultiple-Tube Technique9230 B-04.
Membrane Filter Techniques9230 C.
Fluorogenic Substrate Enterococcus Test (using Enterolert)9230 D.
ColiphageTwo-Step Enrichment Presence-Absence Procedure Fast Phage. 30

Alternative Testing Methods for Contaminants Listed at 40 CFR 141.852(a)(5)
OrganismMethodology categoryMethod SM 20th, 21st editions 1 6 SM 22nd edition 28 SM 23rd edition 49 SM online 3
Total ColiformsLactose Fermentation MethodsStandard Total Coliform Fermentation Technique9221 B.1, B.29221 B.1, B.2, B.3, B.49221 B.1, B.2-06.
Presence-Absence (P-A) Coliform Test9221 D.1, D.2, D.3
Membrane Filtration MethodsStandard Total Coliform Membrane Filter Procedure using Endo Media9222 B, C.
Simultaneous Detection of Total Coliforms and E. coli by Dual Chromogen Membrane Filter Procedure (using mColiBlue24 medium) 9222 J.
Simultaneous Detection of Total Coliform Bacteria and Escherichia coli Using RAPID' E.coli (REC2) in Drinking Water. 56
Enzyme Substrate MethodsColilert®9223 B9223 B9223 B-04
Colisure®9223 B9223 B9223 B-04.
Colilert-189223 B9223 B9223 B9223 B-04.
Tecta EC/TC. 33 43
Modified Colitag TM , Version 2.0. 61
Escherichia coliEscherichia coli Procedure (following Lactose Fermentation Methods) EC-MUG medium9221 F.19221 F.19221 F.1-06.
Escherichia coli Partitioning Methods (following Membrane Filtration Methods) EC broth with MUG (EC-MUG)9222 H.
NA-MUG medium9222 I.
Simultaneous Detection of Total Coliforms and E. coli by Dual Chromogen Membrane Filter Procedure mColiBlue24 medium9222 J.
Membrane Filtration Method Simultaneous Detection of Total Coliform Bacteria and Escherichia coli Using RAPID' E.coli (REC2) in Drinking Water. 56
Enzyme Substrate MethodsColilert®9223 B9223 B9223 B-04.
Colisure®9223 B9223 B9223 B-04.
Colilert-189223 B9223 B9223 B9223 B-04.
Tecta EC/TC. 33 43
Modified Colitag TM , Version 2.0. 61

Alternative Testing Methods for Contaminants Listed at 40 CFR 143.4(b)
ContaminantMethodologyEPA method ASTM 4 SM 21st edition 1 SM 22nd edition, 28 SM 23rd edition 49 SM online 3
AluminumAxially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2. 2
Atomic Absorption; Direct3111 D3111 D.
Atomic Absorption; Furnace3113 B3113 B3113 B-04, B-10.
Inductively Coupled Plasma3120 B3120 B.
ChlorideSilver Nitrate TitrationD 512-04 B, 12 B 4500-Cl - B 4500-Cl - B
Ion ChromatographyD 4327-11, -174110 B4110 B
Potentiometric Titration 4500-Cl - D 4500-Cl - D
ColorVisual Comparison2120 B2120 B.
Foaming AgentsMethylene Blue Active Substances (MBAS)5540 C5540 C.
IronAxially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2. 2
Atomic Absorption; Direct3111 B3111 B.
Atomic Absorption; Furnace3113 B3113 B3113 B-04, B-10.
Inductively Coupled Plasma3120 B3120 B.
ManganeseAxially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2. 2
Atomic Absorption; Direct3111 B3111 B.
Atomic Absorption; Furnace3113 B3113 B3113 B-04, B-10.
Inductively Coupled Plasma3120 B3120 B.
OdorThreshold Odor Test2150 B2150 B.
SilverAxially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2. 2
Atomic Absorption; Direct3111 B3111 B.
Atomic Absorption; Furnace3113 B3113 B3113 B-04, B-10.
Inductively Coupled Plasma3120 B3120 B.
SulfateIon ChromatographyD 4327-11, -174110 B4110 B
Gravimetric with ignition of residue 4500-SO 4- C 4500-SO 4- C 4500-SO 4- C-97.
Gravimetric with drying of residue 4500-SO 4- D 4500-SO 4- D 4500-SO 4- D-97.
Turbidimetric methodD 516-07, 11, 16 4500-SO 4- E 4500-SO 4- E 4500-SO 4- E-97.
Automated methylthymol blue method 4500-SO 4- F 4500-SO 4- F 4500-SO 4- F-97.
Total Dissolved SolidsTotal Dissolved Solids Dried at 180 deg C2540 C2540 C.
ZincAxially viewed inductively coupled plasma-atomic emission spectrometry (AVICP-AES) 200.5, Revision 4.2. 2
Atomic Absorption; Direct Aspiration3111 B3111 B.
Inductively Coupled Plasma3120 B3120 B.
See More

Most Recent Highlights In Human Resources

From sunlight to sediment: EPA enforces the Clean Water Act
2024-01-29T06:00:00Z

From sunlight to sediment: EPA enforces the Clean Water Act

In a recent settlement case, the EPA alleges that a construction company violated the Clean Water Act (CWA) and related state laws during the construction of solar farms in Alabama, Idaho, and Illinois between 2016 and 2022. In total the company will pay just over two million dollars to resolve the allegations. The states of Alabama and Illinois joined the EPA in the settlement. The amount to be paid will include civil penalties, mitigation, and restoration projects.

Case Study

Specifically, the company failed to comply with National Pollutant Discharge Elimination System (NPDES) permits, designed to regulate construction site runoff. Solar farm construction involves clearing and grading large sections of land, which can lead to significant erosion and major runoff of sediment into waterways if stormwater controls at the site are inadequate. A complaint filed with the settlement alleges that during its construction of solar farms near American Falls, Idaho, Lafayette, Alabama, and Perry and White Counties, Illinois, the construction company failed to use proper stormwater controls, did not conduct regular site inspections by qualified personnel and did not accurately report and address stormwater issues. These are all requirements of the NPDES Construction General Permit. These combined breaches put waterways at risk from sediment-laden runoff, potentially harming aquatic life and jeopardizing downstream drinking water quality.

Learn more about stormwater in our EzExplanation

What is an NPDES permit?

The CWA bans discharging any type of industrial, municipal, and agricultural waste through a point source into a water of the United States unless they have an NPDES permit. The permit contains limits on what you can discharge, monitoring and reporting requirements, and other provisions to ensure that the discharge does not impact water quality. The permit interprets general requirements of the CWA into specific provisions tailored to the operations related to discharging pollutants. NPDES permits make sure that a state's mandatory standards for clean water and the federal minimums are being met.

CGP requirements

When it rains, water washes over the soil and things stored outside on a construction site. This water can pick up dirt, trash, and chemicals from the soil and carry them to nearby sewers or bodies of water. The CGP ensures that site operators have measures in place to prevent this pollution and keep the water clean for the community and the environment. Typically, if your construction activities disturb one or more acres of land, or will disturb less than one acre of land but are part of a common plan of development you will need to file for coverage under the CGP. Before submitting your Notice of Intent (NOI), the form you file to obtain coverage under the CGP, you must develop a Stormwater Pollution Prevention Plan (SWPPP) outlines how you plan to implement erosion and sediment controls and meet other requirements of the permit on your construction site.

Additional CGP requirements include:

  • Inspections to verify compliance with permit. Inspections must be conducted by a qualified person who has either completed the EPA construction inspection course or similar program and passed the exam. Inspection records must be kept for at least three years after permit coverage is terminated or expires.
  • Routine maintenance and corrective action to fix problems with controls or discharges.
  • Turbidity monitoring requirements for dewatering discharges to sensitive waters (if applicable).
  • There might also be state, tribal or territory specific requirements.

Key to remember

Solar farms are important for helping to reduce the impact of climate change. However, the companies that build these solar farms need to follow certain rules to protect the environment, just like any other construction project.

2024-01-26T06:00:00Z

EPA Proposed Rule: Waste Emissions Charge for Petroleum and Natural Gas Systems

The Environmental Protection Agency (EPA) is proposing a regulation to implement the requirements of the Clean Air Act (CAA) as specified in the Methane Emissions Reduction Program of the Inflation Reduction Act. This program requires the EPA to impose and collect an annual charge on methane emissions that exceed specified waste emissions thresholds from an owner or operator of an applicable facility that reports more than 25,000 metric tons of carbon dioxide equivalent of greenhouse gases emitted per year pursuant to the petroleum and natural gas systems source category requirements of the Greenhouse Gas Reporting Rule. The proposal would implement calculation procedures, flexibilities, and exemptions related to the waste emissions charge and proposes to establish confidentiality determinations for data elements included in waste emissions charge filings.

DATES: This proposed rule is published in the Federal Register January 26, 2024, page 5318.

View proposed rule.

2024-01-23T06:00:00Z

EPA Proposed Rule: Revision of Effluent Limitations Guidelines and Standards for the Meat and Poultry Products

The Environmental Protection Agency (EPA or the Agency) is proposing a regulation to revise the technology-based effluent limitations guidelines and standards (ELGs) for the meat and poultry products (MPP) point source category. The proposed rule would improve water quality and protect human health and the environment by reducing the discharge of nutrients and other pollutants to the nation's surface waters. EPA is proposing several regulatory options, including the preferred option discussed in this notice. The preferred option is estimated to cost $232 million annually and reduce pollutant discharges by approximately 100 million pounds per year.

DATES: This proposed rule is published in the Federal Register January 23, 2024, page 4474.

View proposed rule.

Inactive PFAS rule activated: EPA must review before use
2024-01-19T06:00:00Z

Inactive PFAS rule activated: EPA must review before use

The Environmental Protection Agency (EPA) continues to add regulations to per- and polyfluoroalkyl substances (PFAS). The new rule finalized in January 2024 prevents facilities from using inactive PFAS before EPA reviews the planned use and makes a risk determination.

This significant new use rule (SNUR) applies to the 329 PFAS designated as inactive on the Toxic Substances Control Act (TSCA) Chemical Substance Inventory and aren’t yet subject to an existing SNUR. An inactive PFAS hasn’t been manufactured (including imported) or processed in the U.S. since June 21, 2006.

What are PFAS?

Also called “forever chemicals,” PFAS are a group of thousands of manufactured chemicals that are used widely in industry and consumer products. Many take a long time to break down and build up over time. They’re found nearly everywhere in water, air, soil, and consumer products, such as nonstick cookware, food packaging, clothing, and shampoo.

Some studies suggest that exposure to PFAS may lead to health issues. However, research continues since much remains unknown about the chemical substances. EPA regulates PFAS to prevent them from entering air, land, and water at levels that may harm human health and the environment.

What are the new SNUR requirements?

Under TSCA, EPA can determine that a certain use of a chemical substance is a “significant new use” and require anyone who wants to use the chemical substance for that purpose to first notify the agency. EPA will then conduct a review and risk determination. The new SNUR requires EPA to conduct reviews and risk determinations of the inactive PFAS before they can be used again.

If your facility wants to manufacture (including import) or process an inactive PFAS, notify EPA at least 90 days through a significant new use notice before beginning use. Once EPA receives the notification, the agency will:

  • Conduct a review to determine whether the new use presents an unreasonable risk to human health or the environment, and
  • Make a risk determination.

If the new use doesn’t present an unreasonable risk and EPA makes an affirmative determination, your facility can use the PFAS. However, if the new use presents an unreasonable risk, the agency must first regulate the activity before you can use the PFAS.

What are other recent regulations of PFAS?

Over the past three years, EPA has implemented the 2021–2024 PFAS Strategic Roadmap, the agency's comprehensive strategy to address the risks of PFAS exposure and contamination through specific regulatory actions. The agency focuses on three directives: researching the forever chemicals, restricting the release of them into the environment, and cleaning up PFAS-contaminated sites.

This final rule joins EPA’s other actions taken via the PFAS Strategic Roadmap. These include:

  • Designating all PFAS as chemicals of special concern, eliminating the de minimis reporting exemption that allowed facilities to avoid reporting PFAS used in small quantities;
  • Removing the de minimis supplier notification exemption for all listed chemicals of special concern to require suppliers to notify users of any chemicals of special concern present in mixtures; and
  • Requiring all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information on uses, production volumes, disposals, exposures, and hazards.

How does this affect you?

If your facility manufactures (including imports) or processes PFAS, you’ll likely face more regulations and reporting requirements. So, how can you remain compliant? Stay informed of EPA’s latest regulatory actions regarding PFAS. Consider these best practices:

  • Check EPA’s final rules published in the Federal Register regularly for PFAS-related regulations.
  • Review EPA’s proposed rules (also published in the Federal Register) to prepare for potential upcoming regulations.
  • Identify any applicable state PFAS regulations.

Also, consider the proactive approach to search for safer alternative chemicals you can substitute for PFAS. It’s vital to choose chemicals already reviewed by EPA to ensure the alternative option doesn’t also present an unreasonable risk to human health and the environment.

Key to remember: EPA continues to strengthen its regulation of PFAS. A new rule now prevents facilities from using any of the 300+ inactive PFAS before EPA conducts a risk determination and, if necessary, regulates the activity.

2024-01-18T06:00:00Z

EPA Final Rule: Mississippi: Final Approval of State Underground Storage Tank Program Revisions

The State of Mississippi (Mississippi or State) has applied to the Environmental Protection Agency (EPA) for final approval of revisions to its Underground Storage Tank Program (UST Program) under subtitle I of the Resource Conservation and Recovery Act (RCRA). Pursuant to RCRA, the EPA is taking direct final action, subject to public comment, to approve revisions to the UST Program. The EPA has reviewed Mississippi's revisions and has determined that these revisions satisfy all requirements needed for approval. In addition, this action also codifies the EPA's approval of Mississippi's revised UST Program and inCcorporates by reference those provisions of the State statutes and regulations that the EPA has determined meet the requirements for approval.

DATES:

This rule is effective March 18, 2024, published in the Federal Register January 18, 2024, page 3354.

View final rule.

§282.2 Incorporation by reference.
(b)(4)RevisedView text
§282.74 Mississippi State-Administered Program.
Entire sectionRevisedView text
Appendix A to Part 282 - State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations
Entry for MississippiRevisedView text

New Text

§282.2 Incorporation by reference.

* * * *

(b)(4) Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee): 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960; Phone Number: (404) 562-9900.

§282.74 Mississippi State-Administered Program.

(a) History of the approval of Mississippi's program. The State of Mississippi (Mississippi or State) is approved to administer and enforce an underground storage tank (UST) program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's Underground Storage Tank Program (UST Program), as administered by the Mississippi Department of Environmental Quality (MDEQ), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Mississippi UST Program on June 11, 1990, and it was effective on July 11, 1990. A subsequent program revision was approved by EPA and became effective March 18, 2024.

(b) Enforcement authority. Mississippi has primary responsibility for administering and enforcing its federally approved UST Program. However, EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, as well as under any other applicable statutory and regulatory provisions.

(c) Retention of program approval. To retain program approval, Mississippi must revise its approved UST Program to adopt new changes to the Federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Mississippi obtains approval for revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register .

(d) Final approval. Mississippi has final approval for the following elements of its UST Program submitted to EPA and approved effective June 11, 1990, and the program revisions approved by EPA effective on March 18, 2024:

(1) State statutes and regulations— (i) Incorporation by reference. The Mississippi materials cited in this paragraph (d)(1)(i), and listed in appendix A to this part, are incorporated by reference as part of the UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See §282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the Mississippi statutes and regulations that are incorporated by reference in this paragraph (d)(1)(i) from the Mississippi Department of Environmental Quality, P.O. Box 2261, Jackson, MS 29335; Phone number: (601) 961–5171; website: https://www.mdeq.ms.gov/water/groundwater-assessment-and-remediation/underground-storage-tanks/.

(A) “Mississippi Statutory Requirements Applicable to the Underground Storage Tank Program,” dated September 5, 2023.

(B) “Mississippi Regulatory Requirements Applicable to the Underground Storage Tank Program,” dated September 5, 2023.

(ii) Legal basis. EPA considered the following statutes and regulations which provide the legal basis for the State's implementation of the UST Program, but do not replace Federal authorities. Further, these provisions are not being incorporated by reference, unless the provisions place requirements on regulated entities.

(A) Mississippi Underground Storage Tank Act (the UST Act) of 1988, Miss. Code Ann. sections 49–17–401 to 49–17–435 (2022).

(1) Section 49–17–409, as to the first sentence, insofar as it provides for compliance monitoring and the promulgation of regulations for the reporting of releases.

(2) Section 49–17–413(1), insofar as it provides for compliance monitoring, and the promulgation of regulations for the implementation of the State UST Program.

(3) Section 49–17–415, insofar as it provides for compliance monitoring and establishes authority to conduct inspections, tests, and obtain information from owners.

(4) Section 49–17–419, insofar as it establishes authority over corrective action.

(5) Section 49–17–425, insofar as it provides for the sharing of information with EPA.

(6) Section 49–17–427, insofar as it provides for enforcement response, enforcement of orders, assessment of penalties under the UST Act, proceedings before the commission, and limitations on liability.

(7) Section 49–17–431, insofar as it provides for appeal of any decision by the commission or the director.

(B) Mississippi Air and Water Pollution Control Law, Miss. Code Ann. sections 49–17–27 and 49–17–31 to 49–17–41 (2020).

(1) Section 49–17–27, insofar as it provides for enforcement response and injunctive relief.

(2) Section 49–17–31, insofar as it provides for enforcement response, notice of violations, enforcement of regulations and orders, procedures for contested cases, and assessment of penalties.

(3) Section 49–17–33, insofar as it provides for hearing procedures, issuance of orders, and penalties.

(4) Section 49–17–35, insofar as it provides for enforcement response, public participation, and citizen intervention.

(5) Section 49–17–37, insofar as it provides for hearing procedures and transcripts.

(6) Section 49–17–39, insofar as it provides for the sharing of information with EPA.

(7) Section 49–17–41, insofar as it provides for appeal rights for aggrieved parties.

(C) Mississippi's Underground Storage Tank Regulations, 11 Miss. Admin. Code Pt. 5, Ch. 2 (2018).

(1) R. 2.3, 280.36, insofar as it provides for delivery prohibition and enforcement of the State UST Program.

(2) R. 2.6, 280.67, insofar as it provides for public participation in the corrective action process.

(D) Rule 24(a)(2) of the Mississippi Rules of Civil Procedure (1982), insofar as it provides for citizen intervention and public participation in the State enforcement process.

(iii) Other provisions not incorporated by reference. The following statutory and regulatory provisions applicable to the Mississippi UST Program are broader in scope than the Federal program, external to the State UST program approval requirements, or are being excluded for other reasons as noted below. Therefore, these provisions are not part of the approved UST Program and are not incorporated by reference in this section:

(A) Mississippi Underground Storage Tank Act (the UST Act) of 1988, Miss. Code Ann. sections 49–17–401 to 49–17–435 (2022).

(1) 49–17–403(b) is broader in scope as to the definition of “Bonded distributor,” insofar as it is associated with the regulation of entities other than owners and operators as these terms are defined in 40 CFR 280.12.

(2) Section 49–17–403(o) is broader in scope as to the definition of “Response action contractor,” insofar as it is associated with the regulation of entities other than owners and operators as these terms are defined in 40 CFR 280.12.

(3) Section 49–17–403(p) is broader in scope as to the definition of “Retailer,” insofar as it is associated with the regulation of entities other than owners and operators as these terms are defined in 40 CFR 280.12.

(4) Section 49–17–403(q) is broader in scope as to the definition of “Substantial compliance,” insofar as it relates to a State fund.

(5) Section 49–17–405 is broader in scope insofar as it provides for the creation of the Mississippi Groundwater Protection Trust Fund (State Fund), promulgation of regulations regarding the State Fund, criteria for qualified expenditure of funds, and liability of owners for fund expenditures.

(6) Section 49–17–407 is broader in scope insofar as it creates an environmental protection fee, provides limits on use of the State Fund, and addresses third party claims.

(7) Section 49–17–409 is broader in scope, all except for the first sentence, insofar as it provides for the eligibility requirements of the State Fund and reimbursement of costs from owners.

(8) Section 49–17–421 is broader in scope insofar as it establishes an annual tank regulatory fee.

(9) Section 49–17–422 is broader in scope insofar as it creates an Underground Storage Tank Advisory Council.

(10) Section 49–17–423 is broader in scope insofar as it pertains to the commission's administration of funds from the Leaking Underground Storage Tank Trust Fund.

(11) Section 49–17–429 is broader in scope insofar as it requires the certification of individuals to install, alter, or remove underground storage tanks and provides for the promulgation of regulations setting forth certification requirements.

(12) Section 49–17–433 is external insofar as it pertains to the severability of the State UST Act.

(13) Section 49–17–435 is external insofar as it contains reporting obligations on the State agency, not a regulated entity.

(B) Mississippi Air and Water Pollution Control Law, Miss. Code Ann. sections 49–17–27 and 49–17–31 to 49–17–41 (2020).

(1) Section 49–17–32 is external insofar as it does not pertain to the State UST Program.

(2) Section 49–17–34 is external insofar as it does not pertain to the State UST Program.

(3) Section 49–17–36 is external insofar as it does not pertain to the State UST Program.

(C) Mississippi's Groundwater Protection Trust Fund Regulations, 11 Miss. Admin. Code Pt. 5, Ch. 1 (2009) is broader in scope insofar as these provisions regulate Immediate Response Action Contractors, Environmental Response Action Contractors, and the State Fund.

(D) Mississippi's Underground Storage Tank Regulations, 11 Miss. Admin. Code Pt. 5, Ch. 2 (2018).

(1) R. 2.1, 280.12 is broader in scope as to the definition of “Ancillary equipment,” insofar as it pertains to dispensers.

(2) R. 2.1, 280.12 is broader in scope as to the definition of “Certificate of Operation,” insofar as it requires UST systems to be permitted by MDEQ and the payment of tank regulatory fees.

(3) R. 2.1, 280.12 is broader in scope as to the definition of “Motor fuel,” insofar as it includes 100% biodiesel or ethanol.

(4) R. 2.1, 280.12 is broader in scope as to the definition of “New tank system,” insofar as it includes dispensers as part of the new tank system.

(5) R. 2.1, 280.12 is broader in scope as to the definition of “Register,” insofar as it requires notification for installation, replacement, and change in operational status of a dispenser.

(6) R. 2.1, 280.12 is broader in scope as to the definition of “Replace,” insofar as it considers replacement of a dispenser to constitute a new UST system.

(7) R. 2.2, 280.20(j) is broader in scope insofar as it regulates shear valves.

(8) R. 2.2, 280.22(a) and (b) are broader in scope insofar as these provisions regulate dispensers.

(9) R. 2.3, 280.34(g) through (i) are broader in scope insofar as these provisions regulate dispensers.

(10) R. 2.3, 280.35(a)(4) is broader in scope insofar as it regulates dispensers.

(11) R. 2.3, 280.35(b)(1) is broader in scope insofar as it regulates shear valves.

(12) R. 2.3, 280.38(b)(1)(iii) is broader in scope insofar as it regulates shear valves.

(13) R. 2.8, 280.91(e) and (f), are excluded for other reasons. Paragraph (e) is excluded only insofar as it includes Indian tribes as a “local government entity,” and paragraph (f) is excluded insofar as EPA retains responsibility for implementing the Federal UST program in Indian country.

Note 1 to paragraph (d)(1)(iii)(D)(13).

MDEQ does not regulate any USTs on Indian lands and EPA retains responsibility for implementing the Federal UST program in Indian country. In a subsequent rulemaking, MDEQ will revise these provisions to remove references to the State's regulation of USTs in Indian country.

(14) R. 2.8, 280.92, is excluded for other reasons only insofar as the definition of “Local government” includes Indian tribes.

Note 2 to paragraph (d)(1)(iii)(D)(14).

MDEQ does not regulate any USTs on Indian lands and the EPA retains responsibility for implementing the Federal UST program in Indian country. In a subsequent rulemaking, MDEQ will revise the definition of “Local government” to exclude Indian tribes.

(15) R. 2.8, 280.100 is external insofar as it is not applicable in a State with an approved UST program.

(E) Mississippi's Underground Storage Tank Regulations for the Certification of Persons Who Install, Alter, and Remove Underground Storage Tanks, 11 Miss. Admin. Code Pt. 5, Ch. 3 (2018) is broader in scope insofar as these provisions provide for the certification and regulation of persons who install, alter, test, and permanently close underground storage tanks.

(2) Statement of legal authority. The Attorney General's Statement, signed by the Mississippi Attorney General on July 27, 2023, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Adequate Enforcement Procedures” submitted in the application dated July 31, 2023, as amended on August 17, 2023, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description submitted in the application dated July 31, 2023, as amended on August 17, 2023, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 4 and the MDEQ, signed by the EPA Regional Administrator on October 12, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

Appendix A to Part 282 - State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations

* * * *

Mississippi

(a) The statutory provisions include:

Mississippi Underground Storage Tank Act (the UST Act) of 1988, Miss. Code Ann. sections 49–17–401 to 49–17–435 (2022):

49–17–401 Short Title.

49–17–403 Definitions, except (b), (o), (p), and (q).

49–17–411 Compliance with regulations.

49–17–413 Rules and regulations, except for (1).

49–17–417 Repealed.

Note to paragraph (a) of Appendix A to Part 282.

Miss. Code Ann. section 49–17–413(2) is approved as part of the State UST Program to the extent that Mississippi will not grant a variance that makes its UST Program less stringent than the Federal regulations. In practice, Mississippi does not grant variances for the UST Program. Mississippi has agreed to execute a revised Memorandum of Agreement with EPA stating that Mississippi will limit the scope of its variance authority to only those situations where the Federal regulations allow the implementing agency to approve flexibilities.

(b) The regulatory provisions include:

Mississippi's Underground Storage Tank Regulations, 11 Miss. Admin. Code Pt. 5, Ch. 2 (2018):

Rule 2.1 Program Scope and Interim Prohibition

280.10 Applicability.

280.11 Installation requirements for partially excluded UST systems.

280.12 Definitions, except for “dispensers” in the definition of “Ancillary equipment;” the definition of “Certificate of Operation;” “including 100% biodiesel or ethanol” from the definition of “Motor fuel;” “dispensers” and (c) from the definition of “New tank system;” “dispensers” from the definition of “Register;” “dispensers” and (c) from the definition of “Replace.”

280.13 Industry codes and recommended practices.

Rule 2.2 UST Systems: Design, Construction, Installation and Notification

280.20 Performance Standards for new UST systems, except for (j).

280.21 Upgrading of existing UST systems.

280.22 Notification requirements, except as applied to “dispensers” in (a) and (b).

Rule 2.3 General Operating Requirements

280.30 Operation and maintenance of spill and overfill prevention.

280.31 Operation and maintenance of secondary containment.

280.32 Operation and maintenance of corrosion protection.

280.33 Compatibility.

280.34 Repairs and replacements, except as applied to “dispenser(s)” in (g), (h), and (i).

280.35 Reporting recordkeeping, except as applied to “dispensers” in (a)(4); and except as applied to “shear valves” in (b)(1).

280.37 Operator training.

280.38 Operation and maintenance walkthrough inspections, except for (b)(1)(iii).

Rule 2.4 Leak Detection

280.40 General requirements for all UST systems.

280.41 Requirements for petroleum UST systems.

280.42 Requirements for hazardous substance UST systems.

280.43 Methods of leak detection for tanks.

280.44 Methods of leak detection for piping.

280.45 Leak detection recordkeeping.

Rule 2.5 Leak Reporting, Release Reporting, Investigation, and Confirmation

280.50 Reporting of leaks and suspected releases.

280.51 Investigation due to off-site impacts.

280.52 Release investigation and confirmation steps.

280.53 Reporting and cleanup of spills and overfills.

Rule 2.6 Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

280.60 General.

280.61 Initial response.

280.62 Initial abatement measures and site check.

280.63 Initial site characterization.

280.64 Free product removal.

280.65 Investigations for soil and ground-water cleanup.

280.66 Corrective action plan.

Rule 2.7 Out-of-Service UST Systems and Closure

280.70 Temporary closure.

280.71 Permanent closure and changes-in-service.

280.72 Assessing the site at closure or change-in-service.

280.73 Applicability to previously closed UST systems.

280.74 Closure records.

Rule 2.8 Financial Responsibility

280.90 Applicability.

280.91 Compliance dates, except for “including Indian tribes” in (e), and (f).

280.92 Definition of terms, except for “and includes Indian tribes” from the definition of “Local government.”

280.93 Amount and scope of required financial responsibility.

280.94 Allowable mechanisms and combinations of mechanisms.

280.95 Financial test of self-insurance.

280.96 Guarantee.

280.97 Insurance and risk retention group coverage.

280.98 Surety bond.

280.99 Letter of credit.

280.101 State fund or other State assurance.

280.102 Trust fund.

280.103 Standby trust fund.

280.104 Local government bond rating test.

280.105 Local government financial test.

280.106 Local government guarantee.

280.107 Local government fund.

280.108 Substitution of financial assurance mechanisms by owner or operator.

280.109 Cancellation or nonrenewal by a provider of financial assurance.

280.110 Reporting by owner or operator.

280.111 Recordkeeping.

280.112 Drawing on financial assurance mechanisms.

280.113 Release from the requirements.

280.114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

280.115 Replenishment of guarantees, letters of credit, or surety bonds.

280.116 Suspension of enforcement. [Reserved]

Rule 2.9 Lender Liability

280.120 Definitions.

280.121 Participation in management.

280.122 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located.

280.123 Operating an underground storage tank or underground storage tank system.

Rule 2.10 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems.

280.130 Definitions.

280.131 General requirements.

280.132 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.

Note to paragraph (b) of Appendix A to Part 282.

11 Miss. Admin. Code Pt. 5, Ch. 2, 280.42(b)(5) is approved as part of the UST Program only to the extent that Mississippi will not allow alternate release detection methods for hazardous substance UST systems installed on or after October 13, 2015. Sections 40 CFR 281.33(e) and 280.42(e) of the Federal regulations only allow alternate release detection methods for hazardous substance UST systems installed prior to October 13, 2015. Mississippi's section 280.42(b)(5) does not contain an analogous limitation on the use of alternative release detection methods. In practice, MDEQ does not allow alternative release detection methods for hazardous substance tanks installed after October 1, 2008. In a subsequent rulemaking, MDEQ will revise 11 Miss. Admin. Code Pt. 5, Ch. 2, R. 2.4, section 280.42(b)(5) to clarify this point.

(C) Copies of the Mississippi statutes and regulations that are incorporated by reference are available from the Mississippi Department of Environmental Quality, P.O. Box 2261, Jackson, MS 29335; Phone number: (601) 961–5171; website: https://www.mdeq.ms.gov/water/groundwater-assessment-and-remediation/underground-storage-tanks/.

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