In June, the EPA provided guidance for states and tribes to modernize public hearings for water quality standard decisions with the use of technology, such as email and the internet, to provide public notice or to hold public hearings. The agency also issued a final rule revising Freedom of Information Act (FOIA) regulations to incorporate amendments that Congress issued in 2007, 2009 and 2016.

One of the key revisions included the clarification of who within the EPA may respond to FOIA requests, centralizing all such requests to EPA headquarters instead of EPA’s regional offices.

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

EPA proposal to allow major air pollutant sources to reclassify

The EPA unveiled a proposed rule that would discard the “once in, always in” policy in the Clean Air Act, and make the agency’s 2018 memo on the subject official. The proposal allows major sources of hazardous air pollutants (HAPs) to reclassify as area sources, if the potential to emit (PTE) is below major source thresholds.

The rule proposes PTE effectiveness criteria that align with EPA’s proposed new definition of PTE.

Comply with RCRA regulations for hazardous waste determinations to avoid hefty fees

The EPA already dished out violations ranging from $15,000 to $150,000 to 20 companies that failed to meet the Resource Conservation and Recovery Act (RCRA) regulations for hazardous waste determinations this year.

If you want to achieve compliance with the RCRA, the first step is to properly categorize and identify all the waste that is generated, treated, stored, or disposed of at your facility. To determine if your waste is hazardous, ask yourself these questions:

• Is it solid waste?
• Is it exempt from RCRA?
• Is it characteristic?
• Is it listed?

Once you have answered these questions, keep a record to support your hazardous waste determinations.

Get to know the RCRA no-free-liquids condition for contaminated wipes

If you are looking to dispose, clean, or reuse your solvent-contaminated wipes, make sure you understand the EPA’s 2013 rule for hazardous waste exclusion and associated conditions for qualifying. Specifically, this means the exclusion’s condition related to free liquids.

There are a few ways to remove solvent from the wipe and, as always, remember the importance of documenting these methods to remain compliant with the RCRA exclusion.