This regulatory update from CH2M provides summaries of several regulatory actions from the EPA and USFWS in June 2016 across various media and sectors: - The EPA finalized amendments to new source performance standards for the oil and gas sector, clarified definitions regarding air permitting for oil and gas sources, and proposed rules regarding air permits and emergency defense provisions. - The USFWS finalized or proposed listings and critical habitat designations for several species under the Endangered Species Act. - Other rules addressed standards for solid waste incineration units, additions to EPCRA reporting requirements, and effluent limitations for oil and gas extraction wastewater.

1. June 2016
Regulatory Area Affected Entities? Regulation Name Description Link Market
Air (Oil and Gas [O&G]) New, reconstructed and modified
O&G sources
Oil and Natural Gas Sector: Emission
Standards for New, Reconstructed,
and Modified Sources
40 Code of Federal Regulations
(CFR) Part 60 Subpart OOOOa
FINAL RULE 6/3/16
Finalizes amendments to the new source
performance standard (NSPS) and establishes
new standards for greenhouse gases (GHGs) and
volatile organic compounds (VOCs).
Effective date is 8/2/16.
81 FR 35824 Upstream/ Downstream
O&G
Air (O&G) O&G sources in Indian country Federal Implementation Plan (FIP)
for True Minor Sources in Indian
Country in the Oil and Natural Gas
Production and Natural Gas
Processing Segments of the Oil and
Natural Gas Sector; Amendments to
the Federal Minor New Source
Review Program in Indian Country
to Address Requirements for True
Minor Sources in the Oil and Natural
Gas Sector
40 CFR Part 49
PROPOSED RULE 6/3/16
Finalizes a FIP that applies to true minor sources
in the oil and natural gas production and natural
gas processing segments of the oil and natural
gas sector that are located in Indian country. It
also finalizes amendments to the Federal Indian
Country Minor New Source Review (NSR) rule.
Effective date is 8/2/16.
81 FR 35944 Upstream/ Downstream
O&G
Air (O&G) Oil and gas sources Source Determination for Certain
Emission Units in the Oil and
Natural Gas Sector
40 CFR Parts 51, 52, 70, and 71
FINAL RULE 6/3/16
Clarifies the meaning of the term “adjacent” that
is used to determine the scope of a “stationary
source” for purposes of the Prevention of
Significant Deterioration (PSD) and
Nonattainment NSR preconstruction permitting
programs and the scope of a “major source” in
the Title V operating permit program in the
onshore oil and natural gas sector.
Effective date is 8/2/16.
81 FR 35622 Upstream/ Downstream
O&G
80 FR 56700
81 FR 38085
Air Facilities with Title V permits Removal of Title V Emergency
Affirmative Defense Provisions from
State Operating Permit Programs
and Federal Operating Permit
Program
40 CFR Parts 70 and 71
PROPOSED RULE 6/14/16
Proposes to remove the affirmative defense
provisions for emergencies for state and federal
operating permit program regulations.
Comments are due by 8/15/16.
81 FR 38465 All
Air Facilities subject to NSR Rescission of Preconstruction
Permits Issued Under the Clean Air
Act
40 CFR Parts 49 and 52
PROPOSED RULE 6/14/16
Proposes to revise a limitation on the rescission
of stationary source preconstruction permits
that is contained in the NSR regulations. It
amends the PSD regulations to remove a date
restriction from the current permit rescission
previsions.
Comments are due by 7/14/16.
81 FR 38640 All
Air Sources that require air pollution
control
Notice of Availability of the
Environmental Protection Agency’s
(EPA's) Two Updated Chapters in
the EPA Air Pollution Control Cost
Manual
NOTICE OF DATA AVAILABILITY 6/14/16
Provides notice that two chapters of the EPA Air
Pollution Control Cost Manual are finalized and
available to the public. These chapters are:
- Chapter 1, Selective Non-Catalytic Reduction
- Chapter 2, Selective Catalytic Reduction
81 FR 38702 All
Air Solid waste incineration units Standards of Performance for New
Stationary Sources and Emission
Guidelines for Existing Sources:
Commercial and Industrial Solid
Waste Incineration Units (CISWI)
40 CFR Part 60 Subparts CCCC
(CISWI Rule) and DDDD
FINAL RULE 6/23/16
Finalizes proposed actions on the following four
topics:
- Definition of "continuous emission monitoring
system (CEMS) data during startup and
shutdown periods"
- Particulate matter (PM) limit for the waste-
burning kiln subcategory
- Fuel variability factor (FVF) for coal-burning
energy recovery units (ERUs)
-Definition of "kiln"
The effective dates are 6/23/16 for Subpart
DDDD and 12/23/16 for Subpart CCCC.
81 FR 40956 All
81 FR 41282
81 FR 529821
Emergency Planning and
Community Right-to-Know Act
(EPCRA)
Facilities that manufacture,
produce, or use
hexabromocyclododecane (HBCD)
Addition of HBCD Category;
Community Right-to-Know Toxic
Chemical Release Reporting
40 CFR Part 372
PROPOSED RULE 6/2/16
Proposes to add HBCD category to the list of
toxic chemicals subject to EPCRA reporting.
Comments are due by 8/1/16.
81 FR 35275 All
PROPOSED RULE, EXTENSION OF COMMENT
PERIOD 6/24/16
The public comment period for the proposed
rule published in the Federal Register on May 13,
2016 (81 FR 529821), is being extended by 30
days.
Comments are due 7/27/16.
National Emission Standards for
Hazardous Air Pollutants (NESHAP):
Site Remediation (Site Remediation
Rule)
40 CFR Subpart GGGGG: NESHAP
Site Remediation
Comprehensive Environmental
Response, Compensation, and
Liability Act (CERCLA) or Resource
Conservation and Recovery Act
(RCRA) authority remediation
sites, and either:
(1) Is co-located with another
facility that together would be a
40 CFR 63.2 major source, or
(2) By itself would be a 40 CFR
63.2 major source (a major source
emits 10 tons per year of a single
Clean Air Act hazardous air
pollutant [HAP] or 25 tons per year
f HAP bi d)
Air (Site Remediation) All
Environmental, Health, Safety, and Sustainability
EHS&S Business Solutions
This regulatory update does not include all regulatory updates for a monthly period, but is intended to provide general highlights on regulations of most interest or impact to our clients. The specific requirements for each facility will vary.
There are no beneficiaries of this work product other than CH2M and no other person or entity is entitled to rely on the work product without the written consent of CH2M and a written agreement limiting CH2M’s liability. To better
understand how these regulations could affect your operations, contact Rachel Carlson at CH2M (email: Rachel.Carlson@ch2m.com; phone: (865) 560-2905).
U.S. REGULATORY UPDATES
EHS&S Business Solutions tracks
emerging local, regional, and national
regulations related to environment,
health, and safety. The purpose of
these regulatory updates and alerts is
to communicate regulatory changes in
a timely manner so we can help clients
systematically anticipate and comply
with changing environmental
regulations.
For more information or if you have
questions related to this update, please
contact:
• Rachel Carlson (EHS&S Sales Lead)
• Kim Watkins
(Auditing and Compliance Practice
Lead)
FINAL DIRECT RULE 6/13/16
Amends the NESHAP for Secondary Aluminum
that was published on 9/18/15 to:
- Correct inadvertent errors
- Clarify rule requirements for initial performance
tests and submittal of malfunction reports
- Provide an additional option for new round top
furnaces to account for unmeasured emissions
during compliance testing
- Clarify what constitutes a change in furnace
operating mode
Effective date is 9/12/16.
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
for Secondary Aluminum Production
40 CFR Part 63 Subpart RRR
Aluminum production industryAir Manufacturing/ Metals/
Mining/ Transportation

2. EPCRA Facilities subject to Superfund
Amendments and Reauthorization
Act Sections 311 and 312 reporting
Hazardous Chemical Reporting:
Community Right-to-Know;
Revisions to Hazard Categories and
Minor Corrections
40 CFR Part 370
FINAL RULE 6/13/16
Amends the hazardous chemical reporting
regulations to conform to the United Nations
Globally Harmonized System of Classification and
Labeling of Chemicals.
Effective date is 6/13/16; Compliance date is
1/1/18.
81 FR 38104 All
81 FR 35701
81 FR 36708
81 FR 36762
81 FR 40534
81 FR 40632
Endangered Species Listing
Water Facilities that discharge industrial
wastewater to surface waters and
into publicly owned treatment
works
Preliminary 2016 Effluent Guidelines
Program Plan
Clean Water Act, Section 304(m)
NOTICE OF DATA AVAILABILITY 6/27/16
EPA is soliciting comments on the Preliminary
2016 Effluent Guidelines Program Plan
(Preliminary 2016 Plan). The Preliminary 2016
Plan identifies any new or existing industrial
categories selected for effluent guidelines or
pretreatment standards and provides a schedule
for their development.
Comments due by 7/27/2016.
81 FR 41535 All
Water O&G extraction Effluent Limitations Guidelines and
Standards for the Oil and Gas
Extraction Point
40 CFR Part 435
FINAL RULE 6/28/16
Establishes pretreatment standards to prevent
the discharge of pollutants in wastewater from
onshore unconventional O&G extraction facilities
to publicly owned treatment works.
Effective date is 8/29/16.
81 FR 41845 Upstream/ Downstream
O&G
www.ch2mhill.com
Natural Resources (Threatened
and Endangered Species)
Activities that disturb or impact
the natural environment
Endangered and Threatened
Wildlife and Plants
50 CFR Parts 17, 223, and 226
FINAL AND PROPOSED RULES JUNE 2016
The U.S. Fish and Wildlife Service (USFWS) has
amended and is proposing amendments to the
Endangered Species Act (ESA) to add several
animal and plant species and make changes to
the designated habitat for already listed species.
Affected species include:
- Gulf of Maine, New York Bight, and Chesapeake
Bay distinct population segments of Atlantic
sturgeon: Critical Habitat
- Carolina distinct population segment of Atlantic
sturgeon: Critical Habitat
- Zuni bluehead sucker: Critical Habitat
- Elfin-Woods warbler: Threatened and Critical
Habitat
The list of endangered and threatened wildlife
also was amended to include, remove, and revise
several entries based on previously published
determinations.
All