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March 2016 EHS Regulatory Update
1. March 2016
Regulatory Area Affected Entities? Regulation Name Description Link Market
Air (Greenhouse Gas [GHG]) Medium- and heavy-duty vehicles
and engines
GHG Emissions and Fuel Efficiency
Standards for Medium- and Heavy-
Duty Engines and Vehicles - Phase 2 -
Notice of Data Availability
49 Code of Federal Regulations (CFR)
Parts 523, 534, and 535
NOTICE OF DATA AVAILABILITY 3/2/16
Announces availability of new information
related to the proposed Phase 2 Heavy-Duty
National Program to reduce GHG emissions and
fuel consumption for new on-road, heavy-duty
vehicles and engines.
Comments are due by 4/1/16.
81 FR 10822 All
Air (GHG) Entities voluntarily reporting GHG
emissions to EPA-related programs
such as the Climate Leadership
Awards
Updated GHG Guidance Documents NOTICE 3/7/16
The U.S. Environmental Protection Agency (EPA)
has updated three GHG inventory guidance
documents to help calculate emissions for:
- Direct emissions from stationary combustion
- Direct emissions from mobile combustion
sources
- Indirect emissions from purchased electricity
EPA Center for Corporate Climate
Leadership
All
Air (Oil and Gas Wells) Existing oil and gas wells Reducing Methane Emissions from
the Oil and Natural Gas Industry
ADVANCED NOTICE OF PROPOSED
RULEMAKING 3/10/16
EPA will begin developing regulations to limit
methane emissions from existing oil and gas
wells.
EPA Proposed Regulation Upstream/Downstream O&G
Air (Ozone-Depleting
Substances)
Hydrofluorocarbons (HFCs) used in
the refrigeration and air
conditioning, foam blowing, and fire
suppression and explosion
protection industries
Protection of Stratospheric Ozone:
Proposed New Listings of
Substitutes; Changes of
Listing Status; and Reinterpretation
of Unacceptability for Closed Cell
Foam Products
under the Significant New
Alternatives Policy Program; and
Revision of Clean Air Act
Section 608’s Venting Prohibition for
Propane
40 CFR Part 82
PROPOSED RULE 3/29/16
Proposes to list as acceptable, subject to use
restrictions, propane and HFO-1234 in the
refrigeration and air conditioning, and 2-bromo-
3,3,3-trifluoroprop-1-ene in the fire suppression
and explosion protection sectors; unacceptable
certain hydrocarbons and hydrocarbon blends in
specific end-uses in the refrigeration and air
condition sector; and to modify the listing status
for certain high-global warming potential
alternatives for certain end-uses in the
refrigeration and air conditioning, foam blowing,
and fire suppression and explosion protection
sectors.
Comments are due within 45 days of publishing
in the Federal Register .
EPA Proposed Rule All
Air (Risk Management) Facilities that have risk management
plans
Accidental Release Prevention
Requirements: Risk Management
Programs Under the Clean Air Act
40 CFR Part 68
PROPOSED RULE 3/14/16
Proposes amendments to the Risk Management
Program regulations including:
- An additional analysis of safer technology and
alternatives for the process hazard analysis for
some Program 3 processes
- Third-party audits and incident investigation
root cause analysis for Program 2 and 3
processes
- Enhancements to the emergency
preparedness requirements
- Increased public availability of chemical hazard
information
- Several other changes to certain regulatory
definitions and data elements submitted in risk
management plans
Comments are due by 5/13/16.
81 FR 13637 All
Air (Sulfur Dioxide [SO2]) Sources of SO2 EPA Responses to Certain State
Designation Recommendations for
the 2010 SO2 National Ambient Air
Quality Standard (NAAQS): Notice of
Availability and Public Comment
Period
40 CFR Part 81
NOTICE OF AVAILABILITY 3/1/16
Provides notice that responses to certain state
designation recommendations for the 2010 SO2
NAAQS are posted on EPA's website.
Comments are due by 3/31/16.
81 FR 10563 All
Natural Resources (Threatened
and Endangered Species)
Activities that disturb or impact the
natural environment
Proposed Revisions to the U.S. Fish
and Wildlife Service (USFWS)
Mitigation Policy
NOTICE 3/8/16
Announces availability of the draft mitigation
policy that provides a framework for minimizing
adverse impacts of land and water development
projects on wildlife, plants, and habitats.
Comments due by 5/9/16.
81 FR 12379 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)
2. 81 FR 14263
81 FR 17398
81 FR 17789
Endangered Species Listings
Sustainability Federal agencies, operations, and
programs
Guiding Principles for Sustainable
Federal Buildings
NOTICE OF AVAILBILITY 3/2/16
The Council on Environmental Quality (CEQ) has
issued updated guidance to Federal agencies
outlining the key principles and primary
requirements for the design, construction,
modernization, and operation of new and
existing sustainable Federal buildings, as
required under Executive Order 13693 "Planning
for Federal Sustainability in the Next Decade".
The 2016 Guidance updates and replaces the
2008 Guidance and:
- applies to all new federally owned buildings
with more than 5,000 square feet.
- requires compliance for existing buildings with
at least 15% of their existing buildings no later
than FY 2025
- no longer requires leases to be in compliance
with the Guiding Principles.
- includes a new sixth Guiding Principle to
address climate resilience
80 FR 10843 Federal Facilities
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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, March 2016
The USFWS has amended and is proposing
amendments to the Endangered Species Act to
add several animal and plant species, and make
changes to the designated habitat for already
listed species. Affected species include:
- New Mexico meadow jumping mouse : Critical
Habitat
- Tanzanian distinct population segment (DPS)
of African coelacanth (Latimeria chalumnae ) :
Threatened
- 135 listed species on the islands of Maui,
Molokai, and Kahoolawe: 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