The executive branch’s focus on energy and water infrastructure recently resulted in several policy updates and clarifications that you should know about. Notably, EPA’s Office of Water issued a guidance memo for applications to obtain financial assistance from the EPA due to changes to the Drinking Water State Revolving Fund (DWSRF), which is based on the America’s Water Infrastructure Act of 2018 (AWIA).

In addition, an Executive Order (EO) was issued on April 10, requiring the EPA to review and revise Section 401 certifications under the Clean Water Act (CWA). This EO specifically indicates a review of the EPA’s 2010 guidance document regarding CWA Section 401 Water Quality Certifications, and to revise it to meet the energy policy stated in the EO. The aim of the EO is “to promote private investment in the nation’s energy infrastructure” by revising the permitting process for expedited implementation.

In addition to these topics, we selected the following articles from BC’s BLR source to provide additional regulatory updates:

Time to inventory your annual emissions

Be prepared to submit annual emissions statements soon to your local regulatory agencies quantifying pollutants emitted during 2018. Deadlines for reporting vary by state, as well as the required sources to report. The deadline can be found on the emissions statement, but this article can help you understand how to report the qualifying pollutants otherwise not easily found without further research.

One other bonus of this annual emissions inventory? You can use the process as an easy way to assess permit compliance!

Reporting to begin this summer for the EPA’s first mercury inventory

If your business engaged in regulated activities with any amount of mercury, you must report to the EPA by July 1. As finalized in the 2018 amendment to the Toxic Substances Control Act, Section 8(b)(10), the EPA will develop a nationwide inventory of mercury supply, use, and trade to eventually result in a rule that requires certain businesses to provide the agency with reports every three years.

The EPA plans to publish the first mercury inventory by April 1, 2020.

Hazardous waste ignitability testing updates

Currently under RCRA, two flash point test methods are specified to make the determination whether a liquid waste is hazardous for the characteristic of ignitability. These methods are old, and EPA has proposed to update the regulation to include more modern methods, as well as to codify existing guidance regarding the regulatory exclusion of aqueous solutions containing less than 24 percent alcohol by volume from the definition of ignitability.