This regulatory update from CH2M provides summaries of proposed and final rules across multiple regulatory areas from the EPA and other agencies in September 2015. Rules address air pollution standards for electric generating units, oil and gas production in Indian country, hazardous waste management and pharmaceuticals, endangered species listings, and electronic reporting under the Clean Water Act. The update is intended to help clients anticipate and comply with changing environmental regulations.

1. September 2015
Regulatory Area Affected Entities? Regulation Name Description Link Market
Air Electric generating units Allocations of Cross-State Air
Pollution Rule (CSAPR) Allowances
From New Unit Set-Asides for 2015
Control Periods
40 CFR Part 97
NOTICE OF DATA AVAILABILITY 9/14/15
Announces availability of preliminary lists of
units eligible for allocations of emission
allowances under the CSAPR.
Comments are due by 10/14/15.
80 FR 55061 Power
Air (Indian Country) Oil and natural gas industry located
in Indian country
Review of New Sources and
Modifications in Indian Country:
Federal Implementation Plan for
Managing Air Emissions from True
Minor Sources Engaged in Oil and
Natural Gas Production in Indian
Country
40 Code of Federal Regulations
(CFR) Part 49
PROPOSED RULE 9/18/15
Proposes a federal implementation plan for
minor sources in the production segment of the
oil and natural gas sectors in Indian country.
The FIP would be used instead of site-specific
permits to fulfill the EPA's obligation under the
Federal Indian Country Minor NSR rule to issue
minor NSR preconstruction permits. Plan would
also require compliance with four NSPS and
two national emission standards for hazardous
air pollutants (NESHAP).
Comments are due by 11/17/15.
80 FR 56553 Upstream/ Downstream
O&G
Air (National Emission
Standards for Hazardous Air
Pollutants [NESHAP])
Aluminum production industry NESHAP for Secondary Aluminum
Production
40 CFR Part 63 Subpart RRR
FINAL RULE 9/18/15
Finalizes amendments to the NESHAP for
Secondary Aluminum Production, including:
- Requirement to report performance testing
through the Electronic Reporting Tool
- Provisions allowing changes to furnace
classifications
- Requirements to account for unmeasured
emissions during compliance testing
- Alternative compliance options for the
operating and monitoring requirements for
sweat furnaces
- Compliance provisions for hydrogen fluoride
- Provisions addressing emissions during
periods of startup, shutdown, and malfunction
Effective date is 9/18/15.
80 FR 56699 Manufacturing/ Metals/
Mining/ Transportation
Air (Oil and Gas) Oil and natural gas industry Oil and Natural Gas Sector: Emission
Standards for New and Modified
Sources
40 CFR Part 60 Subparts KKK, LLL,
and OOOO
PROPOSED RULE 9/18/15
Proposes amendments to the New Source
Performance Standards (NSPS) for the oil and
natural gas source category by setting
standards for methane and volatile organic
compounds (VOC) for certain equipment,
processes, and activities. Emission sources can
include those that are currently unregulated
under the current NSPS; those that are
currently regulated for VOC but not for
methane; and certain equipment that are used
across the source category, but which the
current NSPS regulates VOC emissions from
only a subset of these equipment.
Comments are due by 11/17/15.
80 FR 56593 Upstream/Downstream O&G
Air (Oil and Gas) Oil and natural gas industry Source Determination for Certain
Emission Units in the Oil and Natural
Gas Sector
40 CFR Parts 49, 51, 52, et al.
PROPOSED RULE 9/18/15
Proposes to clarify the term "adjacent" in the
definitions of "building, structure, facility or
installation" used to determine the "stationary
source" for purposes of the Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review (NNSR)
programs and "major source" in the Title V
program as applied to the oil and natural gas
sector.
80 FR 56579
Air (Oil and Gas) Oil and natural gas industry Release of Draft Control Techniques
Guidelines for the Oil and Natural
Gas Industry
NOTICE OF AVAILABILITY 9/18/15
Announces the availability of a draft Control
Techniques Guidelines document for select oil
and natural gas industry emission sources. This
provides information to assist in determining
reasonably available control technology (RACT)
for VOC emissions from sources.
80 FR 56577 Upstream/Downstream O&G
Hazardous Materials Facilities that transport hazardous
materials
Hazardous Materials: Special Permit
and Approvals Standard Operating
Procedures and Evaluation Process
49 CFR Parts 105, 107, and 171
FINAL RULE 9/10/15
Finalizes amendments to incorporate standard
operating procedures
(SOPs) and criteria to support the special
permits and approvals program.
Effective date is 11/9/15.
80 FR 54418 All
Natural Resources (Threatened
and Endangered Species)
Activities that disturb or impact the
natural environment
Endangered and Threatened
Wildlife and Plants
50 CFR Part 17
FINAL AND PROPOSED RULES, SEPTEMBER
2015
The U.S. Fish and Wildlife Services 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:
- Chamaecrista lineata var. keyensis (Big Pine
partridge pea): Endangered
- Chamaesyce deltoidea ssp. serpyllum (wedge
spurge): Endangered
- Linum arenicola (sand flax): Endangered
- Argythamnia blodgettii (Blodgett's silverbush):
Threatened
- Elfin-woods warbler: Threatened
- Eastern massasauga rattlesnake: Threatened
The list of endangered and threatened wildlife
also was amended to include, remove, and
revise several entries based on previously
published determinations.
Endangered Species Listings All
Natural Resources (Wetland
Plants)
Activities that disturb or impact the
natural environment
National Wetland Plant List NOTICE 9/14/15
Announces availability on the list of proposed
changes to the National Wetland Plant List.
Comments are due by 11/13/15.
80 FR 55103 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. Waste (Hazardous Waste) Generators of hazardous waste Hazardous Waste Generator
Improvements
40 CFR Parts 260, 261, 262, 263,
264, 265, 268, 270, 273, and 279
PROPOSED RULE 9/25/15
Proposes revisions to the hazardous waste
generator regulations under the Resource
Conservation and Recovery Act (RCRA)
including:
- Revisions to the definition of "small quantity
generator" and adding definitions for two other
generator categories
- Revisions to the identification and listing of
hazardous waste
- Revisions to standards including those
addressing labeling, response planning, waste
determinations, closure provisions, satellite
accumulation areas, and reporting
- Revisions to regulations for episodic
generators
- Revisions to the marking and labeling
standards for transporters
80 FR 57917 All
Waste (Hazardous Waste) Hospitals
Pharmacies
Pharmaceutical reverse distributors
Other healthcare-related facilities
Owners or operators of
treatment, storage, and disposal
facilities
Management Standards for
Hazardous Waste Pharmaceuticals
40 CFR Parts 261, 262, 266, 268, and
273
PROPOSED RULE 9/25/15
Proposes revisions to the regulations to require
affected facilities to manage their hazardous
waste pharmaceuticals under subpart P of 40
CFR part 266, instead of 40 CFR part 262.
Revisions include:
-Prohibiting facilities from disposing of
hazardous waste pharmaceuticals down the
toilet or drain
-Provisions that hazardous waste
pharmaceuticals managed under subpart P will
not be counted toward calculating the site’s
generator category
-A conditional exemption for hazardous waste
pharmaceuticals that are also DEA controlled
substances.
-Management standards for hazardous waste
pharmaceutical residues remaining in
containers
d b / /
80 FR 58013 Chem/Pharma
Water Industrial facilities covered by Clean
Water Act permits
National Pollutant Discharge
Elimination System (NPDES)
Electronic Reporting Rule
FINAL RULE 9/24/15
Requires submission of discharge monitoring
reports and other information electronically.
Most facilities that are required to submit
effluent monitoring reports will be required to
submit reports electronically 1 year after the
rule goes into effect.
The effective date is 60 days after publication in
the Federal Register.
EPA's Final Rule All
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