1 Analyses of this federal-register by attorneys

  1. Wrap-Up of Federal and State Chemical Regulatory Developments, June 2023

    Bergeson & Campbell, P.C.June 21, 2023

    the reporting requirement must submit data for activities that occurred during 2022. Companies are required to report if they meet chemical activity thresholds and are either in a covered industry sector and exceed the employee threshold; or are specifically required to report based on a determination by EPA under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313(b)(2). EPA’s TRI Threshold Screening Tool can help companies determine if they are subject to TRI reporting. The tool uses a step-by-step questionnaire to help companies determine whether they meet or exceed the facility, employee, and chemical thresholds established by EPA. For more information, please read our full memorandum.RCRA/CERCLA/CWA/CAA/PHMSA/SDWAProposed Rule Would Address Legacy CCR Surface Impoundments: On May 18, 2023, EPA proposed to establish regulatory requirements for inactive surface impoundments at inactive facilities (legacy coal combustion residuals (CCR) surface impoundments). 88 Fed. Reg. 31982. EPA also proposed to establish groundwater monitoring, corrective action, closure, and post-closure care requirements for all CCR management units (regardless of how or when that CCR was placed) at regulated CCR facilities. EPA also proposed several technical corrections to the existing regulations, such as correcting certain citations and harmonizing definitions. EPA will hold an in-person public hearing on June 28, 2023, and a virtual public hearing on July 12, 2023. Comments are due July 17, 2023.EPA Proposes To Amend NESHAP For Plywood And Composite Wood Products: On May 18, 2023, EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Plywood and Composite Wood Products (PCWP), as required by the Clean Air Act (CAA). 88 Fed. Reg. 31856. To ensure that all emissions of hazardous air pollutants (HAP) from sources in the source category are regulated, EPA proposed HAP standards for processes currently unregulated for total HAP, non-mercu