Regulatory Updates

Proposed Reclassification of Major Sources as Area Sources Under the Clean Air Act

Comments due November 13, 2023 On September 27, 2023, the EPA introduced a proposed rule known as the Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (MM2A), which sets new requirements for major sources of hazardous air pollutants (HAPs) that opt to reclassify themselves as area sources under the National Emissions Standards for Hazardous Air Pollutants (NESHAP) program. Major sources are defined as those emitting 10 tons per year (tpy) or more of a single …

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National Enforcement and Compliance Initiatives

FY 2024-2027 The EPA’s Office of Enforcement and Compliance Assurance (OECA) updates its national enforcement and compliance initiatives (NECIs) every three years to address difficult environmental and public health challenges. The EPA focuses its enforcement and compliance assurance resources on the most serious environmental violations by developing and implementing NECIs, in addition to the EPA’s core enforcement work. The six NECIs for FY 2024-2027 are: Mitigating climate change (new) Addressing exposure to PFAS (new) Protecting communities from coal ash contamination (new) Reducing …

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Air Emissions Reporting Requirements (AERR) Comment Period Extended

New Comment Period Deadline: November 17, 2023 The U.S. Environmental Protection Agency (EPA) has extended the comment period for the Air Emissions Reporting Requirements (AERR) proposed rule for an additional 30 days to November 17, 2023. Written comments are being accepted here. The EPA’s proposed AERR rule could impact small businesses significantly. With unique emission thresholds for Hazardous Air Pollutants, businesses might need to report even minimal emissions. This poses challenges for recordkeeping and compliance. The Overview Fact Sheet and Key Things to Know About the …

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EPA Issues Technical Corrections to the Hazardous Waste Regulations

On August 9, the U.S. Environmental Protection Agency issued a final rule that corrects typographical errors, incorrect citations, and clarifies ambiguous language in approximately 50 sections of the hazardous waste regulations, including the Generator Improvement Rule, Pharmaceutical Rule, and the Definition of Solid Waste Rule. The rule is effective on December 7, 2023, unless adverse comments are received by October 10, 2023.  Read the rule for more information and contact BEP with any questions.

NDEP seeking comments on proposed amendments to administrative code chapters 445B, 459 and 468A

Virtual Public Meeting: September 28th, 2pm – 5pm The Nevada Division of Environmental Protection (NDEP) will be holding a virtual meeting on Friday, September 28th to discuss proposed changes to the administrative code. NDEP is proposing: 445B: Adding language that relates to its responsibilities to notify the public when ambient air quality standards have been exceeded and the possible health effects of these events. This rule change will bring more awareness to the public about hazardous air quality events and how …

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Air Emissions Reporting Requirements (AERR) Proposed Changes 

Webinar: August 24th from 11:00 am – 12:30 pm PST The U.S. Environmental Protection Agency (EPA) has proposed changes to the Air Emissions Reporting Requirements (AERR). The EPA’s proposed AERR rule could impact small businesses significantly. With unique emission thresholds for Hazardous Air Pollutants, businesses might need to report even minimal emissions. This poses challenges for recordkeeping and compliance. To learn more about how this proposed rule could impact your operations, REGISTER and attend EPA’s small business informational webinar on August 24th from 11:00am …

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Proposed Restricted Use of Perchloroethylene

SBA to Hold Small Business Environmental Roundtable August 2, 2023 As reported previously, the US Environmental Protection Agency (US EPA) has proposed a rule to restrict the use of perchlorethylene under the Toxic Substance Control Act (TSCA) and public comments are due by August 15, 2023. On August 2, 2023, from 2:00pm – 3:00pm EST, the US Small Business Administration Office of Advocacy will be holding a Small Business Environmental Roundtable to present the proposed rule and provide an overview of issues particularly …

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e-Manifest News

User Fees for Fiscal Years 2024 and 2025 The EPA sets user fees based on the manifest usage and processing costs for each manifest type in accordance with its user fee calculation methodology (40 CFR parts 264/265 subpart FF).  The user fees for fiscal years 2024 and 2025 (October 1, 2023 through September 30, 2025) are included below: Manifest Submission Type/Fee per Manifest Scanned Image Upload – $22.00 Data + Image Upload – $10.00 Electronic Manifest (Fully electronic & hybrid) – $6.00 …

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