Summary of Federal Rules and Standards Changes with Impact in 2015
Linked Table of Contents
U.S. Environmental Protection Agency (USEPA)
AIR
 Quality Assurance Requirements for Continuous Opacity
Monitoring Systems (COMS) at Stationary Sources
 Amendments to the Startup and Shutdown Provisions of the
Mercury and Air Toxics Standards (MATS) for Power Plants
and the Utility New Source Performance Standard (NSPS)
 Proposed 2013 Multi-Sector General Permit (MSGP) for
Storm Water Activities Associated with Industrial Activity
 NPDES Sufficiently Sensitive Methods (SSM) Rule
 Proposed NPDES Electronic Reporting Rule
 NPDES Effluent Limitations Guidelines and Standards for
the Construction and Development Point Source Category
 Cooling Water Intake Structure – Final Rule
 Mercury Monitoring and Reporting Requirements for
Existing Electric Utility Steam Generating Units:
Compliance Deadline
 Proposed Steam Electric Power Generating Effluent
Guidelines
 Revised Reporting and Recordkeeping Requirements
under the Greenhouse Gas (GHG) Mandatory Reporting
Rule (GHGMRR)
 National Primary Drinking Water Regulations – Revised
Total Coliform Rule (RTCR)
 Global Warming Potentials (GWPs) Added to the GHGMRR
for Fluorinated Gas Production
 Drinking Water Contaminant Candidate Lists (CCL)
 Underground Storage Tank (UST) Regulation Revisions
 The Reduction of Lead in Drinking Water Act (“Lead-Free Act”)
WASTE
 GHGMRR Proposed Revisions for Petroleum and Natural
Gas Systems
 Definition of Solid Waste (DSW) Final Rule
 Major Source Boiler MACT Rule – Compliance Deadline
 Disposal of Coal Combustion Residuals (CCR) from Electric
Utilities Final Rule
 Green Completions Required By January 2015 under the
Oil & Gas (O&G) NSPS
 RCRA Hazardous Waste Electronic Manifest Rule
 USEPA's Proposal to Update the Air Quality Standards for
Ground-Level Ozone
 2014 Revisions to the Export Provision of the Cathode Ray
Tube (CRT) Final Rule
 Updates to the National Emission Standards for Hazardous
Air Pollutants (NESHAPs) or NSPS by Industry Type
 USEPA Subsurface Vapor Intrusion (VI) Guidance Documents
 Revised Framework for Assessing Biogenic CO2 Emissions
from Stationary Sources Released
 Interstate Technology and Regulatory Council (ITRC)
VI Guidance
HAZARDOUS CHEMICALS
 Revised Draft Guidance for Federal Departments and
Agencies on Consideration of GHG Emissions and the
Effects of Climate Change in National Environmental
Policy Act (NEPA) Reviews
 Emergency Planning and Community Right-to-Know Act
(EPCRA) Section 313 Toxic Release Inventory (TRI) –
Addition of a Nonylphenol Category
 Air Quality Designations for the 2012 PM2.5 NAAQS and
New USEPA Guidance for PM2.5 Dispersion Modeling
 Toxic Substances Control Act (TSCA) Work Plan for
Chemical Assessments: 2014 Update
 1-Hour Nitrogen Dioxide (NO2) Standard Will Affect
Facilities as States Adopt Into SIPs
 2014 Supreme Court Decisions of Interest
WATER
 Proposed Definition of “Waters of the United States”
Under the Clean Water Act (CWA)
 EPCRA Section 313 TRI – Addition of ortho-Nitrotoluene
 TSCA Significant New Use Rule (SNUR) Revised for
Benzidine-based Chemical Substances
 Proposed TSCA Rules Anticipated to be Finalized in 2015
 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Agricultural Worker Protection Standard (WPS)
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page i
Summary of Federal Rules and Standards Changes with Impact in 2015
Linked Table of Contents
Occupational Safety and Health
Administration (OSHA)
Pipeline and Hazardous Materials Safety
Administration (PHMSA)
 Top 10 Most Frequently Cited Occupational Safety and
Health Administration (OSHA) Standards in Fiscal Year
2014 (October 1, 2013 – September 30, 2014)
 Proposed Revision to the National Pipeline Mapping
System (NPMS) Program
 New OSHA Injury Reporting Standards Go Into Effect
January 1, 2015
 Electronic Injury Recordkeeping Final Rule Expected
in 2015
 Final Rule on Confined Spaces in Construction Under
Review
 Final Revisions to the Walking and Working Surfaces
Standard Under Review
 The Global Harmonized System of Classification and
Labeling of Chemicals (GHS) Rollout Continues
Standards
 Draft ISO Standards for Environmental, Quality and Health
and Safety – ISO 14001, ISO 9001, ISO 45001
 Pipeline Safety Management System Standard – API RP 1173
 Sustainability Accounting Standards Board (SASB)
 The Sustainable Forestry Initiative® (SFI®) 2015-2019
Standards
 U.S. Green Building Council (USGBC) LEED v4
 OSHA’s Process Safety Management (PSM) and USEPA’s
Risk Management Program (RMP) – Requests for
Information (RFI)
 OSHA Contractor/Temporary Employee Safety
Enforcement
 OSHA National Emphasis Programs (NEPs)
TRC would appreciate your feedback. Please take our short survey at:
TRC’s EHS Client Survey
Your input will help TRC to align our compliance assurance service offerings to fit our clients’ needs.
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page ii
Summary of Federal Rules and Standards Changes with Impact in 2015
For more information concerning the MATS for Power Plants,
including a link to the proposed technical corrections memo,
visit: http://www.epa.gov/mats/actions.html
USEPA
AIR
Quality Assurance Requirements for Continuous
Opacity Monitoring Systems (COMS) at Stationary
Sources
On May 16, 2014, the USEPA issued a final rule (referred to as
Procedure 3) establishing quality assurance and quality
control (QA/QC) procedures for COMS used to demonstrate
compliance with opacity standards in USEPA issued or
approved regulations. The effective date of this rule was
November 12, 2014. Procedure 3 requires daily instrument
and status indicator checks, quarterly performance audits,
annual zero alignment audits, and corrective action for
malfunctioning COMS. The first deadline for quarterly
requirements is March 31, 2015. The first annual zero
alignment must be performed no later than December 31,
2015 and the deadline to perform the first zero alignment
audits with the COMS off the stack (for sources that use an
external zero device) is no later than December 31, 2017.
For a copy of this rule visit:
http://www.epa.gov/ttn/emc/perfspec/comspro3.pdf
Amendments to the Startup and Shutdown Provisions
of the Mercury and Air Toxics Standards (MATS) for
Power Plants and the Utility New Source Performance
Standard (NSPS)
On November 7, 2014, the USEPA finalized the action
reconsidering the provisions applicable during periods of
startup and shutdown under the MATS and Utility NSPS. The
final reconsideration includes work practice standards that
must be employed during periods of startup and shutdown
and adjusts certain monitoring and testing requirements that
apply during such periods. The final reconsideration affects
both new and existing coal‐ and oil‐fired power plants that
are covered by MATS.
On December 19, 2014, the USEPA proposed a technical
corrections memo on the MATS for power plants that would
resolve conflicts between preamble and regulatory text and
clarify some of the language in the regulatory text.
For more information concerning the Utility NSPS visit:
http://www.epa.gov/ttn/atw/utility/utilitypg.html
Mercury Monitoring and Reporting Requirements for
Existing Electric Utility Steam Generating Units (EGUs):
Compliance Deadline
The MATS rule (40 CFR Part 63, Subpart UUUUU), established
emission limits and work practice standards for certain
hazardous air pollutants (HAPs), including mercury, emitted
from coal-fired and oil-fired EGUs. Existing EGUs must achieve
compliance with these standards by April 16, 2015 and must
demonstrate compliance through performance testing within
180 days of this date. Performance testing may be used to
show that a source complies as a “low emitting EGU.”
Otherwise, an existing EGU must monitor emissions using a
CEMS mercury analyzer or a sorbent trap monitoring system,
and must report emissions electronically every quarter.
For more information visit: http://www.ecfr.gov/cgi-bin/textidx?SID=7f4e7151d2e1fa0f9c44f7df8c5f3e02&node=sp40.15.
63.uuuuu&rgn=div6
http://www.trcsolutions.com/Services/AirMeasurements/
Documents/Mercury%20Measurement%20Services.pdf
Revised Reporting and Recordkeeping Requirements
under the Greenhouse Gas (GHG) Mandatory
Reporting Rule (GHGMRR)
On September 26, 2014, the USEPA finalized amendments to
the GHGMRR. The USEPA has considered data used for the
purpose of estimating GHG emissions to be “emissions data”
itself, and, under the Clean Air Act, emissions data may not be
treated as confidential. In response to significant comments
on this interpretation, the USEPA finalized an additional
requirement for many reporters to use a USEPA-provided
inputs verification tool (IVT). The IVT will be deployed as a
part of the electronic greenhouse gas reporting tool (e-GGRT)
and will verify data inputs and calculate GHG emissions
accordingly.
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 1
Summary of Federal Rules and Standards Changes with Impact in 2015
Sources in 23 industries are subject to the new IVT
requirement and will be required to use the IVT when
completing the report for reporting year 2014.
A one-year extension may be granted for existing sources
that require construction of new controls (i.e., equipment,
systems, etc.) for compliance.
For more information visit:
http://www.epa.gov/climate/ghgreporting/reporters/cbi
/index.html
For more information visit:
http://www.trcsolutions.com/Services/AirQualityServices/
Documents/MACT%20Services%20for%20Major%20Source
%20Industrial%20Boilers.pdf
Global Warming Potentials (GWPs) Added to the
GHGMRR for Fluorinated Gas Production
On December 11, 2014, the USEPA finalized a rule adding
chemical-specific and default GWPs for several fluorinated
GHGs (F-GHGs) and fluorinated heat transfer fluids (F-HTFs)
to the general provisions of the GHGMRR. Additionally,
certain provisions of Subpart L, the Fluorinated Gas
Production source category, were amended. Corrections to
the final rule were published on December 24, 2014.
For more information visit:
http://www.epa.gov/climate/ghgreporting/reporters/subpart
/l.html
GHGMRR Proposed Revisions for Petroleum and
Natural Gas Systems
On December 9, 2014, the USEPA proposed amendments to
the Petroleum and Natural Gas Systems source category
(Subpart W) of the GHGMRR. The amendments would add
reporting of GHG emissions from gathering and boosting
systems, completions and workovers of oil wells using
hydraulic fracturing, and blowdowns of natural gas
transmission pipelines. The proposed amendments are
currently open for public comment.
For more information visit:
http://www.epa.gov/climate/ghgreporting/reporters/subpart
/w-regdocs.html
Major Source Boiler MACT Rule – Compliance Deadline
The USEPA finalized the NESHAPs for Major Sources:
Industrial, Commercial, and Institutional Boilers and Process
Heaters (40 CFR Part 63 Subpart DDDDD), also referred to as
the Boiler MACT, on January 31, 2013. Existing sources must
comply with the emission limits by January 31, 2016; whereas
new or reconstructed sources are required to comply by
January 31, 2013, or upon start-up, whichever is later.
http://www.epa.gov/airquality/combustion/actions.html
Green Completions Required By January 2015 under
the Oil & Gas (O&G) NSPS
Beginning in 2012, the USEPA has developed regulations to
reduce air pollution, primarily methane and VOCs, from the
oil and natural gas industry, including the first federal air
standards for natural gas wells that are hydraulically
fractured, along with requirements for storage tanks and
other equipment. As of January 1, 2015, operators must
use “green completions” (a form of separation) and a
completion combustion device for flowback emissions at gas
wells, if feasible.
For more information visit:
http://www.epa.gov/airquality/oilandgas/
USEPA's Proposal to Update the Air Quality Standards
for Ground-Level Ozone
On November 25, 2014, the USEPA proposed to strengthen
the National Ambient Air Quality Standards (NAAQS) for
ground-level ozone. The proposed rule was published on
December 17, 2014 and revises the primary and secondary
standards to a level within the range of 0.065 to 0.070 parts
per million (ppm). Such a change could result in the
reclassification of areas that are currently
attainment/nonclassifiable to non-attainment areas. Written
comments on this proposed rule must be received by March
17, 2015. The court-ordered deadline for the revised ozone
standard is October 1, 2015.
For more information visit:
https://www.federalregister.gov/articles/2014/12/17/201428674/national-ambient-air-quality-standards-for-ozone
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 2
Summary of Federal Rules and Standards Changes with Impact in 2015
Updates to the National Emission Standards for
Hazardous Air Pollutants (NESHAPs) or NSPS by
Industry Type
Modifications to several NESHAPs or NSPSs for certain
industry types were proposed or finalized in 2014. A
selection of these, with links for more information, are listed
below:
 Major and Area Source Boilers (NESHAP Subpart DDDDD and
JJJJJJ): http://www.epa.gov/airquality/combustion/actions.html
 Mineral Wool (NESHAP Subpart DDD):
http://epa.gov/ttn/atw/minwool/minwopg.html
 Wool Fiberglass Industries (NESHAP Subpart NNN):
http://epa.gov/ttn/atw/woolfib/woolfipg.html#RULE
 Grain Elevators (NSPS Subparts DD, DDa):
http://www.epa.gov/ttn/atw/nsps/grain/genspspg.html
 Municipal Solid Waste Landfills (NSPS Subparts Cc, WWW):
http://www.epa.gov/ttn/atw/landfill/landflpg.html
agricultural practices; and anticipates integration with rule
changes coming from the Clean Power Plan and the
Prevention of Significant Deterioration (PSD) permitting
program. Specifically for industrial sources seeking an air
permit, the USEPA intends to exempt biogenic CO2 emissions
from waste, and certain non-waste, biomass from GHG BACT
analyses. The USEPA will not finalize its biogenic CO2
emission approach to PSD rules until the process addressing
UARG v. USEPA and other current litigation has concluded.
For the Framework for Assessing Biogenic CO2 Emissions from
Stationary Sources and related documents visit:
http://www.epa.gov/climatechange/ ghgemissions/biogenicemissions.html
Revised Draft Guidance for Federal Departments and
Agencies on Consideration of GHG Emissions and the
Effects of Climate Change in National Environmental
Policy Act (NEPA) Reviews
 Ferroalloys Production (NESHAP Subpart XXX):
http://www.epa.gov/ttn/atw/ferroa/ferropg.html
On December 18, 2014, the Council on Environmental Quality
(CEQ) published, for public comment, revised draft guidance
on how NEPA analysis and documentation should address
GHG emissions and the impacts of climate change. This
guidance will affect projects and programs proposed by, or
requiring a permit or approval from, the Federal Government,
have the potential to emit or sequester GHG, and may be
potentially affected by climate changes. NEPA requires that
Federal decision makers and the public be informed about a
proposal’s GHG emissions and climate change impacts.
 Refinery MACT 1 (NESHAP Subpart CC) and Refinery MACT 2
(NESHAP Subpart UUU): http://epa.gov/ttn/atw/petref.html
The new draft guidance supersedes the 2010 draft guidance
and calls for:
 Crude Oil and Natural Gas Production (NSPS Subpart OOOO):
http://www.epa.gov/airquality/oilandgas/actions.html#
dec2014
 A 25,000 metric ton per year threshold for quantitatively
analyzing GHG emission impacts from a proposed project
 Phosphoric Acid Manufacturing, Phosphate Fertilizers
Production, and Phosphate Processing (NESHAP Subparts
AA & BB): http://epa.gov/ttn/atw/phosph/phosphpg.html
 Generic Maximum Achievable Control Technology
Standards (NESHAP Subpart YY) and Manufacture of
Amino/Phenolic Resins (NESHAP Subpart OOO):
http://www.epa.gov/ttn/atw/amino/aminopg.html
Revised Framework for Assessing Biogenic CO2
Emissions from Stationary Sources
On November 19, 2014, the USEPA released the revised
Framework for Assessing Biogenic CO2 Emissions from
Stationary Sources, which is a revision of USEPA's original
September 2011 draft. The revised document states the
USEPA’s approach for accounting for biogenic CO2 emissions
caused by waste-derived feedstocks and from non-waste
biogenic feedstocks derived from sustainable forest or
 Consideration of climate change impacts on a proposed project
as well as GHG emission impacts from a proposed project
 Appropriate quantitative or qualitative analytical methods
to ensure useful information is available to inform the
public and the decision-making process in distinguishing
between alternatives and mitigations
For more information visit:
http://energy.gov/nepa/downloads/revised-draft-guidanceconsideration-greenhouse-gas-emissions-and-climatechange-nepa
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
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Summary of Federal Rules and Standards Changes with Impact in 2015
Air Quality Designations for the 2012 PM2.5 NAAQS
and New USEPA Guidance for PM2.5 Dispersion
Modeling
On January 15, 2015, EPA published a rule which establishes
designations for the 2012 PM2.5 NAAQS. Through the
designations, EPA is identifying areas that are violating the
2012 PM2.5 NAAQS as “nonattainment” and initially classifying
all nonattainment areas as Moderate. The effective date of
the rule is April 15, 2015. Sources should check the
attainment status for their location to determine the
attainment status.
On May 20, 2014, the USEPA issued new guidance for
dispersion modeling of PM2.5 during major source air permit
reviews. In some states the guidance is applicable to minor
source air permit reviews as well. The guidance document is
significant in that it provides agency expectations for how a
facility may demonstrate that project emissions will not
adversely impact the airshed.
For more information on the 2012 PM2.5 NAAQS visit:
http://www.epa.gov/pm/designations/2012standards/regs.
htm
For the guidance visit:
http://www.epa.gov/scram001/guidance/guide/Guidance_
for_PM25_Permit_Modeling.pdf
1-Hour Nitrogen Dioxide (NO2) Standard Will Affect
Facilities as States Adopt Into SIPs
On January 22, 2010, the USEPA adopted more stringent
NAAQS for NO2. These standards set a new 1-hour NO2
standard at the level of 100 parts per billion. When adopted
into a state’s implementation plan (SIP), the new standard
could have a significant impact on many facilities seeking air
permits. This new stringent standard may make it difficult to
demonstrate through dispersion modeling that new project
emissions, as well as existing emissions, will not adversely
impact the airshed.
States had three years from 2010 to propose an
“infrastructure SIP” for implementing and enforcing the new
standard. Many states have submitted SIP proposals and
some have adopted and are enforcing the new NAAQS
standards. However, some states have not yet submitted
complete SIPs to the USEPA. TRC recommends that facilities
that are planning projects that may create significant
combustion emissions understand early on whether their
state will require dispersion modeling under the new NO 2
standard.
For more information visit:
http://www.epa.gov/oaqps001/nitrogenoxides/actions.html
2014 Supreme Court Decisions of Interest
USEPA v. EME Homer City Generation
On April 29, 2014, the Supreme Court issued an opinion in
USEPA v. EME Homer City Generation that upheld USEPA’s
Transport Rule. The Transport Rule was USEPA’s third
attempt to implement the “Good Neighbor Provision” of the
Clean Air Act (CAA), which requires SIPs for meeting clean air
standards to ensure that no source contributes “significantly”
to nonattainment of, or interference with maintaining, air
quality standards in another state.
In this decision, the Supreme Court ruled, among other
holdings, that the CAA does not prevent USEPA from
considering the cost of controls when determining pollution
reduction targets. The court distinguished this decision from
its prior decision in Whitman v. American Trucking
Association, which could be read broadly to prohibit the
consideration of costs when interpreting any ambiguity
within the Act.
The immediate impact of this opinion on manufacturing and
energy markets is that the USEPA’s latest rule to control
pollution across state borders remains intact. The Transport
Rule will require additional criteria pollutant reductions,
primarily from electric utilities but possibly large
manufacturing emitters as well, as implementation plans
move forward.
Utility Air Regulatory Group (UARG) v. USEPA
On June 23, 2014, the U.S. Supreme Court issued a decision
in UARG v. USEPA that directly affects stationary source
permitting requirements for GHG emissions. UARG sued
USEPA to overturn its actions related to GHG emission,
generally referred to as the “Tailoring Rule”. The Court’s
decision held that USEPA could not treat GHGs as an air
pollutant for purposes of determining whether a source is a
major source required to obtain a Prevention of Significant
Deterioration (PSD) permit or a Title V permit. In response to
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
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Summary of Federal Rules and Standards Changes with Impact in 2015
the Court decision, on July 24, 2014, Janet McCabe, Acting
Assistant Administrator, USEPA Office of Air and Radiation,
issued guidance to the Regional Administrators concerning
the impact of the decision. Consistent with the Court
Decision, USEPA will no longer require major source
construction permits (PSD) or Title V permits based solely on
GHG emissions. Referred to as “Step 2” sources, USEPA can
no longer base a source’s major source status and require a
Title V permit due to GHG emissions. Thus, sources that have
greater than 100,000 tpy of potential GHG emissions but are
otherwise a minor source will not be required to obtain a
Title V permit. Similarly for “Step 2” sources, USEPA will no
longer require a new stationary source or source modification
that has potential GHG emissions greater than 100,000 tpy
for new sources or 75,000 tpy for modifications to obtain a
PSD permit unless the new source or modification is subject
to PSD review for another regulated pollutant. These are
referred to as “Step 1” or “Anyway Sources”. The Court
further held, however, that USEPA could continue to require
that PSD permits for “Anyway Sources” where there was a
major increase in GHG emissions could contain emission
limitations on GHGs representative of Best Available Control
Technology (BACT).
USEPA issued further guidance on December 19, 2014
regarding procedures that it will take to rescind any PSD
permits issued to “Step 2” sources. USEPA stated its
intention to complete the necessary rulemaking by December
15, 2015. USEPA issued a second memorandum on
December 19, 2014 providing its No-Action Assurance to not
enforce against GHG BACT limitations and supporting permit
terms and conditions for permits issued to Step 2 sources.
WATER
Proposed Definition of “Waters of the United States”
Under the Clean Water Act (CWA)
On April 21, 2014, the USEPA published its proposed
definition of "Waters of the United States" under section (a)
of the CWA as “Traditional navigable waters; interstate
waters, including interstate wetlands; the territorial seas;
impoundments of traditional navigable waters, interstate
waters, including interstate wetlands, the territorial seas, and
tributaries, as defined, of such waters; tributaries, as defined,
of traditional navigable waters, interstate waters, or the
territorial seas; and adjacent waters, including adjacent
wetlands. Waters in these categories would be jurisdictional
‘‘waters of the United States’’ by rule—no additional analysis
would be required.” The proposed definition rule also
excludes specified waters, such as groundwater, from the
definition of “waters of the United States”. The comment
period closed November 2014 and USEPA projects the final
rule will be published April 2015.
On January 15, 2015, USEPA announced the availability of the
final report titled, Connectivity of Streams and Wetlands to
Downstream Waters: A Review and Synthesis of the Scientific
Evidence. This report serves as the primary supporting
document to the proposed rule. To view the report visit:
http://frhist.bna.com/cgi-bin/frdoc?2015-00339.
For more information on the proposed definition visit:
http://www2.epa.gov/uswaters/documents-relatedproposed-definition-waters-united-states-under-cleanwater-act
Proposed 2013 Multi-Sector General Permit (MSGP)
for Storm Water Activities Associated with Industrial
Activity
On September 27, 2013, USEPA published the proposed 2013
MSGP and accepted comments until December 26, 2013.
According to the USEPA’s website, the USEPA expected to
reissue the MSGP in the fall of 2014. However, the permit
has not been issued at the time of TRC’s Regulatory Update
publication. Once the permit is issued, all new facilities and
facilities previously covered under the 2008 MSGP will need
to submit Notice of Intents (NOIs) for coverage under the
2013 MSGP. In the meantime, facilities that obtained
coverage under the 2008 MSGP prior to its expiration are
automatically granted an administrative continuance of
coverage under the 2008 permit which will remain in effect
until the new permit is issued. For new facilities that begin
discharging storm water associated with industrial activity
after September 29, 2013, USEPA has issued a memorandum
that provides a “no action assurance” for the new facilities
that comply with the requirements of the 2008 MSGP.
For more information visit:
http://water.epa.gov/polwaste/npdes/stormwater/USEPAMulti-Sector-General-Permit-MSGP.cfm
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 5
Summary of Federal Rules and Standards Changes with Impact in 2015
NPDES Sufficiently Sensitive Methods (SSM) Rule
The SSM rule was published in August 2014 and became
effective September 18, 2014. Under the SSM rule, NPDES
applicants and permittees with discharge compliance
monitoring requirements are responsible for ensuring that
USEPA-approved analytical methods capable of detecting and
measuring pollutants at or below applicable water quality
criteria or permit limits are used for analyzing samples.
States must be in conformance with USEPA’s SSM rule within
1 year for NPDES regulations revisions or within 2 years if
statutory changes are required.
For more information visit:
http://water.epa.gov/polwaste/npdes/basics/#SSMRule
Proposed NPDES Electronic Reporting Rule
The initial notice of proposed Electronic Reporting Rule was
published in the Federal Register July 1, 2010. The most
recent comment period is scheduled to close on January 30,
2015 with a final rule projection date of August 2015. The
rule, if enacted, would require regulated facilities to submit
NPDES information electronically, including Notice of Intent
(NOI) and Discharge Monitoring Reports (DMRs).
For more information visit:
http://www2.epa.gov/compliance/proposed-national-pollutantdischarge-elimination-system-npdes-electronic-reporting-rule
NPDES Effluent Limitations Guidelines and Standards
for the Construction and Development Point Source
Category
Amendments to the 2009 Construction and Development
(C&D) Effluent Guidelines became effective May 5, 2014.
USEPA’s amendments include revisions to several
non-numeric requirements, withdrawing the numeric
turbidity effluent requirements, and defining “infeasible” in
order to clarify when exceptions are allowed by the rule.
For more information visit:
http://water.epa.gov/scitech/wastetech/guide/construction/
withdraw at least 25 percent of their water from a water
body for cooling purposes and have a design intake flow of
greater than 2 million gallons per day (mgd).
For more information visit:
http://water.epa.gov/lawsregs/lawsguidance/cwa/316b/
Proposed Steam Electric Power Generating Effluent
Guidelines
On June 7, 2013, USEPA proposed rule revisions to the Steam
Electric Power Generating effluent guidelines. The major
provisions of the proposed rule strengthens the controls on
discharges from new and existing steam electric power
generating facilities with discharges directly to a surface
water and/or to a publicly-owned treatment works (POTW).
BAT is identified for existing sources; and the rule establishes
NSPS for new sources. According to USEPA’s website, the
projected publication of the final rule is September 2015.
For more information visit:
http://water.epa.gov/scitech/wastetech/guide/steamelectric/proposed.cfm
Underground Storage Tank (UST) Regulation Revisions
The USEPA has been working to strengthen the existing 1988
Federal UST Regulations in 40 CFR Part 280 since the
proposed revision was published November 18, 2011.
According to USEPA’s website, the final rule is projected to
be published in February 2015. Expected rule changes are
similar to applicable sections of the 2005 Energy Policy Act
and include adding secondary containment requirements for
new and replaced tanks and piping; adding operator training
requirements; adding periodic operation and maintenance
requirements for UST systems; removing certain deferrals;
adding new release prevention and detection technologies;
updating codes of practice; making editorial and technical
corrections; and updating state program approval
requirements to incorporate these new changes.
For more information visit:
http://www.epa.gov/oust/fedlaws/proposedregs.html
Cooling Water Intake Structure – Final Rule
The final rule, effective October 14, 2014, establishes the best
available technology (BAT) for minimizing adverse
environmental impact to aquatic organisms from cooling
water intake structures. The rule covers facilities that
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 6
Summary of Federal Rules and Standards Changes with Impact in 2015
National Primary Drinking Water Regulations – Revised
Total Coliform Rule (RTCR)
The RTCR became effective April 15, 2013 with minor
corrections to the final RTCR effective on April 28, 2014.
Public water systems (PWSs) and primary agencies must
comply with the RTCR by April 1, 2016.
The final RTCR establishes a health goal (maximum
contaminant level goal or MCLG) and a maximum
contaminant level (MCL) for E.coli. It also replaces the old
numerical MCLG and MCL for total coliforms with a treatment
technique for coliforms that requires assessment and
corrective action, which means PWSs will need to initiate
programs soon in order to ensure that the treatment
technique has been implemented by the compliance date of
April 1, 2016.
For more information visit:
http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation
_revisions.cfm
The Reduction of Lead in Drinking Water Act
(“Lead-Free Act”)
Enacted on January 4, 2011, the Lead-Free Act amends the
Safe Drinking Water Act (SDWA) Section 1417 – Prohibition
on Use and Introduction into Commerce of Lead Pipes,
Solder, and Flux. The Act changes the definition of “leadfree” and does not require existing infrastructure to be
replaced. The Act provides a 3-year time frame for affected
parties to transition to the new requirements, with an
effective date of January 4, 2014.
For more information visit:
http://water.epa.gov/drink/info/lead/
Drinking Water Contaminant Candidate Lists (CCL)
In October 2009, the USEPA published the third Drinking
Water CCL (CCL3) and on October 20, 2014, announced its
preliminary regulatory determinations for five contaminants
listed on CCL3. The USEPA is making preliminary
determinations to regulate strontium in drinking water and to
not regulate four contaminants (i.e., dimethoate,
1,3-dinitrobenzene, terbufos, and terbufos sulfone). The
USEPA will evaluate public comments prior to making the
final regulatory determinations in 2015.
USEPA’s review of the existing microbial and disinfection
byproducts (DBP) on CCL3 is expected to be completed by the
end of 2015.
The nomination period for the fourth drinking water CCL
(CCL4) ended on June 22, 2012. The USEPA is currently
evaluating the nominations and expects to publish a draft
CCL4 in late 2014 or early 2015.
For more information on the regulatory determinations for
CCL3 visit:
http://water.epa.gov/scitech/drinkingwater/dws/ccl/ccl3.cfm
For more information on CCL4 visit:
http://www2.epa.gov/ccl/contaminant-candidate-list-4-ccl-4
WASTE
Definition of Solid Waste (DSW) Final Rule
On January 13, 2015, USEPA published the final revisions to
the DSW Rule, which, in part, revises the regulatory DSW
under RCRA as it relates to recycling activities. The rule
requires off-site recycling at a facility with a RCRA permit or
verified recycler variance. The rule affirms the legitimacy of
the pre-2008 DSW exclusions, such as the scrap metal
exclusion, and does not change the regulatory status of
material legitimately recycled under these long-standing
exclusions. The rule also revises the definition of legitimate
recycling, which re-affirms the legitimacy of in-process
recycling and of commodity-grade recycled products, such as
metal commodities. The rule retains the exclusion for
recycling under the control of the generator, including
recycling on site, within the same company and through
certain types of toll manufacturing agreements. The final rule
also includes a targeted remanufacturing exclusion for certain
higher-value hazardous spent solvents, which are being
remanufactured into commercial-grade products. The final
rule is effective on July 13, 2015.
For more information visit:
http://www.epa.gov/osw/hazard/dsw/rulemaking.htm
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 7
Summary of Federal Rules and Standards Changes with Impact in 2015
Disposal of Coal Combustion Residuals (CCR) from
Electric Utilities Final Rule
On December 19, 2014, USEPA signed a final rule (“Coal Ash
Rule”) to regulate the disposal of CCR (commonly known as
coal ash) as solid waste under Subtitle D of RCRA. The rule
establishes technical requirements for both existing and new
CCR landfills and surface impoundment, including
requirements concerning reducing the risk of catastrophic
failure; protecting groundwater; operating criteria;
recordkeeping, reporting, and internet posting; inactive
units; closure; and beneficial use.
The publication of the rule in the Federal Register is
upcoming. The rule will become effective 6 months after the
Federal Register publication.
For more information visit:
http://www2.epa.gov/coalash/coal-ash-rule
RCRA Hazardous Waste Electronic Manifest Rule
On February 7, 2014, USEPA published a final rule, often
referred to as the “One Year Rule,” authorizing the use of
electronic manifests (or e-Manifests) as a means to track
generator’s off-site shipments of hazardous waste to sites of
treatment, storage, or disposal. The effective date of the rule
is August 6, 2014, however, the implementation and
compliance date for these regulations are delayed until the
e-Manifest system is ready for operation and the schedule of
fees has been announced in a subsequent notice, referred to as
the “Fee Rule.” The “Fee Rule” will establish the initial fee
structure for e-Manifests and will announce the actual
implementation and compliance dates for the e-Manifest
system. The current goal is to have the system fully online no
later than Spring 2018.
As new information concerning the progress of the system
becomes available, it will be posted to the e-Manifest
website:
http://www.epa.gov/osw/hazard/transportation/manifest/
e-man.htm
2014 Revisions to the Export Provision of the Cathode
Ray Tube (CRT) Final Rule
to obtain additional information to better track exports of
CRTs for reuse and recycling in order to ensure safe
management of these materials. Specifically, the rule: adds a
definition of “CRT exporter”; requires information on all
destinations for CRTs exported for recycling; requires annual
reports from exporters; replaces the one-time notice with an
expanded, periodic notice; and requires records to be
translated into English upon request.
For more information visit:
http://www.epa.gov/osw/hazard/recycling/electron/
USEPA Subsurface Vapor Intrusion (VI) Guidance
Documents
In April 2013, USEPA released two long-awaited draft VI
guidance documents for public comment, the Office of Solid
Waste and Emergency Response (OSWER) Final Guidance for
Assessing and Mitigating the Vapor Intrusion Pathway From
Subsurface Sources to Indoor Air and the Office of
Underground Storage Tanks (OUST) Guidance for Addressing
Petroleum Vapor Intrusion At Leaking Underground Storage
Tanks. The OSWER guidance document includes a general
guidance for all compounds, while the OUST guidance
document focuses on petroleum hydrocarbon releases from
underground storage tanks. It is anticipated that USEPA will
issue the final guidance documents in 2015.
For more information visit:
http://www.epa.gov/oswer/vaporintrusion/
Interstate Technology and Regulatory Council (ITRC)
VI Guidance
In October 2014, the ITRC released Petroleum Vapor
Intrusion, Fundamentals of Screening, Investigation, and
Management guidance document that provides guidance on
the effective screening, investigation, and management of VI
at sites contaminated with petroleum hydrocarbons. The
ITRC 2014 guidance evaluates multiple types of petroleum
vapor intrusion (PVI) sites, whereas, USEPA’s 2013 draft OUST
guidance only evaluates underground storage tank PVI sites.
To access the guidance visit:
http://itrcweb.org/PetroleumVI-Guidance/
On June 26, 2014, the USEPA published a final rule that
revises the export provisions of the 2006 CRT Final Rule. The
rule is effective on December 26, 2014 and will allow USEPA
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 8
Summary of Federal Rules and Standards Changes with Impact in 2015
HAZARDOUS CHEMICALS
Emergency Planning and Community Right-to-Know
Act (EPCRA) Section 313 Toxic Release Inventory (TRI) –
Addition of a Nonylphenol Category
On September 30, 2014, USEPA published a final rule that
adds a nonylphenol category to the TRI list of reportable
chemicals. The rule was effective on September 30, 2014,
and applies to the 2015 reporting year with the first reports
due by July 1, 2016.
For more information visit:
http://www2.epa.gov/toxics-release-inventory-triprogram/addition-nonylphenol-category-final-rule
EPCRA Section 313 TRI – Addition of ortho-Nitrotoluene
On November 7, 2013, USEPA published a final rule that adds
o-nitrotoluene to the TRI list of reportable chemicals. The
rule was effective on November 29, 2013, and applies to the
2014 reporting year with the first reports due by July 1, 2015.
For more information visit:
http://www2.epa.gov/toxics-release-inventory-triprogram/addition-ortho-nitrotoluene-final-rule
Toxic Substances Control Act (TSCA) Work Plan for
Chemical Assessments: 2014 Update
In October 2014, USEPA published the TSCA Work Plan for
Chemical Assessments: 2014 Update, which is the first update
to the work plan since it was presented in 2012. The 2014
Update reflects updated industry data submitted to USEPA
through the 2011 TRI and the 2012 TSCA Chemical Data
Reporting (CDR) requirements. In the 2014 Update, USEPA
updates its list of existing chemicals for assessment under
TSCA by removing 15 of the original chemicals in the Work
Plan, consolidating one chemical, and adding 23 chemicals,
including five Action Plan chemicals or groups.
To view the 2014 Update visit:
http://www.epa.gov/oppt/existingchemicals/pubs/TSCA_
Work_Plan_Chemicals_2014_Update-final.pdf
TSCA Significant New Use Rule (SNUR) Revised for
Benzidine-based Chemical Substances
On December 29, 2014, USEPA published an amendment to
40 CFR 721.1660 which adds nine benzidine-based chemical
substances to the existing SNUR on benzidine-based chemical
substances. USEPA also promulgated a SNUR for di-n-pentyl
phthalate (DnPP) and a SNUR for alkanes, C12-13, chloro.
The final rule is effective February 27, 2015.
For more information visit:
https://www.federalregister.gov/articles/2014/12/29/201429887/benzidine-based-chemical-substances-di-n-pentylphthalate-dnpp-and-alkanes-c12-13-chloro-significant
The Following Proposed TSCA Rules Are Anticipated to
be Finalized in 2015:
 Proposed Rules to Implement the Formaldehyde
Standards for Composite Wood Products, which includes
the Third-Party Certification Program Framework Rule and
the Implementation Rule:
http://www2.epa.gov/formaldehyde/formaldehydeemission-standards-composite-wood-products
 SNUR for Certain Polybrominated Diphenylethers (PBDE):
http://www.epa.gov/oppt/existingchemicals/pubs/action
plans/pbde.html
 SNUR for Hexabromocyclododecane (HBCD):
https://www.federalregister.gov/articles/2012/03/26/20127207/significant-new-use-rule-for-hexabromocyclododecaneand-1256910-hexabromocyclododecane
 SNUR for Certain Nonylphenols and Nonylphenol
Ethoxylates:
https://www.federalregister.gov/articles/2014/10/01/201
4-23253/certain-nonylphenols-and-nonylphenolethoxylates-significant-new-use-rule
 SNUR for Toluene Diisocyanates (TDI) and Related
Compounds:
http://www.epa.gov/oppt/existingchemicals/pubs/action
plans/tdi.html
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 9
Summary of Federal Rules and Standards Changes with Impact in 2015
Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) Agricultural Worker Protection Standard (WPS)
New OSHA Injury Reporting Standards Go Into Effect
January 1, 2015
In the March 19, 2014 Federal Register, USEPA published
proposed revisions to the agricultural WPS issued under
FIFRA. The WPS applies to pesticide handlers and workers at
commercial agricultural and pesticide handling
establishments, which include distribution terminals and
manufacturing facilities. Notable WPS proposed rule
revisions include: annual pesticide safety training, expanding
no-entry sign posting and buffer zones for treated areas,
establishing 16 years old as the minimum age requirement
for handlers, and expanding personal protective equipment
(PPE) and hazard communication requirements. The
comment period closed August 2014 and USEPA projects the
final WPS rule will be published May 2015.
Starting January 1, 2015, all employers must report all
work-related fatalities to OSHA within 8 hours. In addition,
all work-related hospitalizations, amputations, and losses of
an eye must be reported within 24 hours. This is more
restrictive than OSHA’s prior standard which only required
reporting of inpatient hospitalizations of three or more
employees. Note that OSHA also refines the definition of
amputation to include “fingertip amputations with or without
bone loss.”
For more information visit:
http://www.epa.gov/agriculture/twor.html
OSHA
Top 10 Most Frequently Cited OSHA Standards in Fiscal
Year 2014 (October 1, 2013 – September 30, 2014)
1.
2.
Fall protection, construction (29 CFR 1926.501)
Hazard communication standard, general industry
(29 CFR 1910.1200)
3. Scaffolding, general requirements, construction
(29 CFR 1926.451)
4. Respiratory protection, general industry
(29 CFR 1910.134)
5. Powered industrial trucks, general industry
(29 CFR 1910.178)
6. Control of hazardous energy (lockout/tagout), general
industry (29 CFR 1910.147)
7. Ladders, construction (29 CFR 1926.1053)
8. Electrical, wiring methods, components and equipment,
general industry (29 CFR 1910.305)
9. Machines, general requirements, general industry
(29 CFR 1910.212)
10. Electrical systems design, general requirements, general
industry (29 CFR 1910.303)
To generate a report on the most frequently cited federal or
state OSHA standards by your NAICS code visit:
https://www.osha.gov/pls/imis/citedstandard.html
For more information visit:
https://www.osha.gov/recordkeeping2014/OSHA3745.pdf
Electronic Injury Recordkeeping Final Rule Expected
in 2015
OSHA is expected to issue a final rule in 2015 that requires
certain employers to submit injury and illness recordkeeping
data electronically. The proposed rule does not add any new
requirements to keep records; it simply modifies an
employer’s obligation to transmit these records electronically
to OSHA. This rule may make OSHA data regarding injuries
and illnesses available to the public. The extended public
comment period ended on October 14, 2014. OSHA will
consider comments and information received during the
public comment periods when promulgating the final rule.
For more information visit:
https://www.osha.gov/recordkeeping/proposed_data_form.
html
Final Rule on Confined Spaces in Construction Under
Review
OSHA’s final rule on confined spaces in construction is
currently under review by the Office of Management and
Budget (OMB) and is expected to be formally published in
2015. The rule, which was first proposed in 2007, extends
the general industry confined space standards to
construction sites.
For more information visit:
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=
201310&RIN=1218-AB47
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 10
Summary of Federal Rules and Standards Changes with Impact in 2015
Final Revisions to the Walking and Working Surfaces
Standard Under Review
OSHA’s final revisions to the Walking and Working Surfaces
(29 CFR 1910.23) standard, which is awaiting action by the
OMB, reflects current fall protection technologies. The
current standard has not been updated since 1971 and does
not include commonly used systems such as safety nets,
personal fall arrest systems, or positioning devices. The final
rule is expected in 2015.
For more information visit:
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=
201404&RIN=1218-AB80
The Global Harmonized System of Classification and
Labeling of Chemicals (GHS) Rollout Continues
OSHA’s revised Hazard Communication (HazCom) standard
that became effective in May of 2012 continues to move
forward with final implementation of GHS standards due in
June of 2016. GHS was developed to create a globally
harmonized system to address classification of chemicals,
labels and safety data sheets. Key dates in the OSHA revised
HazCom standard include:
EFFECTIVE
COMPLETION
DATE
REQUIREMENT(S)
WHO
In response to the EO, OSHA published an RFI in December
2013 to collect data and information on potential revisions to
the PSM standard and related standards, as well as other
regulatory issues involving hazardous chemicals. The
comment period closed on March 10, 2014. Also in response
to the EO, USEPA published an RFI on potential revisions to
the RMP regulations and related programs. The USEPA
comment period closed on October 29, 2014.
Notable rulemaking and enforcement policy changes being
considered include the following items in OSHA’s RFI that are
relevant to EPA’s RMP RFI:
 Updating the list of regulated substances:
 Requiring employers to manage organizational changes;
 Requiring third-party compliance audits; and
Train employees on the new
label elements and SDS format.
Employers
June 1, 2015
Comply with all modified
provisions of this final rule,
except:
Chemical
manufacturers,
importers,
distributors and
employers
June 1, 2016
On August 1, 2013, President Obama signed Executive Order
(EO) 13650, Improving Chemical Facility Safety and Security,
which calls for regulatory updates to cover additional
hazardous chemicals, OSHA and USEPA cooperation (OSHA
PSM and USEPA RMP Program 3 are essentially parallel
programs), identification of best practices for chemical facility
safety and security, and better enforcement.
 Adding management system elements;
December 1,
2013
December 1,
2015
OSHA’s Process Safety Management (PSM) and
USEPA’s Risk Management Program (RMP) – Requests
for Information (RFI)
 Distributors may ship
products labeled by
manufacturers under the old
system until 12/01/2015.
Update alternative workplace
Employers
labeling and hazard
communication program as
necessary, and provide
additional employee training for
newly identified physical or
health hazards.
 Changes to PSM coverage that would affect RMP
applicability.
For specific information on OSHA’s RFI on potential PSM
revisions visit:
https://www.osha.gov/pls/oshaweb/owadisp.show_docume
nt?p_table=FEDERAL_REGISTER&p_id=24053
For specific information on USEPA’s RFI on potential RMP
revisions visit:
https://federalregister.gov/a/2014-18037
Source: https://www.osha.gov/dsg/hazcom/HCSFactsheet.html
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 11
Summary of Federal Rules and Standards Changes with Impact in 2015
OSHA Contractor/Temporary Employee Safety
Enforcement
 Lead
In an effort to curb increasing injury and fatality rates
associated with temporary employees, OSHA increased their
focus on this area dramatically in 2014. Specifically,
inspections of temp agencies increased 322 percent in fiscal
year 2014. OSHA has also increased inspections and citations
of host employers for alleged violations related to temporary
workers and have been specifically directed to determine
responsibility between host employers and related temp
agencies.
 Primary Metal Industries
This increased focus on temporary employee safety is
expected to continue into 2015. Consequently, host
employers must take appropriate steps to ensure a safe
workplace for not only full-time employees, but temporary
workers as well. Temporary workers should be provided with
a similar level of access to safety training, personal protective
equipment, HazCom instruction, etc. OSHA also recommends
that host employers and temp agencies specify their
respective roles and responsibilities for compliance with
applicable OSHA regulations in their written contracts.
For additional guidance from OSHA as well as recent press
releases related to temporary worker citations visit their
Protecting Temporary Workers page:
https://www.osha.gov/temp_workers/
For a recently released guidance document (OSHA / NIOSH
Recommended Practices: Protecting Temporary Workers)
visit: https://www.osha.gov/Publications/OSHA3735.pdf
OSHA National Emphasis Programs (NEPs)
 Nursing and Residential Care Facilities
 Process Safety Management
 Shipbreaking
 Silica
 Trenching and Excavation
In addition to the NEPs, OSHA maintains over 140 regional
and Local Emphasis Programs (LEPs). To determine what
local and regional emphasis programs are applicable to your
area visit: https://www.osha.gov/dep/leps/leps.html
PHMSA
Proposed Revision to the National Pipeline Mapping
System (NPMS) Program
On July 30, 2014 PHMSA published proposed revisions in the
NPMS Program to expand the collection of data to include
more detailed information on several data elements. The
proposed revisions will require operators to submit additional
information to the NPMS Program. The original comment
period was extended and ended on December 1, 2014. It is
anticipated that the final rule will be published in 2015, with
compliance dates in 2016.
For more information visit:
http://www.regulations.gov/#!docketDetail;D=PHMSA2014-0092
Below are the 11 industries or hazards that are currently
included in OSHA’s NEPs. OSHA will allocate additional
resources to inspect workplaces with these hazards to
determine compliance. The goal of the NEPs is to identify
and reduce or eliminate injuries, illnesses and fatalities in
industries with these types of exposures.
 Combustible Dust
 Hazardous Machinery
 Hexavalent Chromium
 Isocyanates
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 12
Summary of Federal Rules and Standards Changes with Impact in 2015
Standards
Draft ISO Standards for Environmental, Quality and
Health and Safety – ISO 14001, ISO 9001, ISO 45001
The revised standards for Environmental Management
Systems (ISO 14001:2015) and the Quality Management
Systems (ISO 9001:2015) are expected to be published in late
2015. Draft International Standards (DIS) for both were
published in 2014 and are available through the International
Standards Organization. The revision of the current OHSAS
18001 into a new management system standard for
occupational health and safety within the ISO framework (ISO
45001) is also underway. The Committee Draft was published
in July 2014, with final standard publication anticipated in
late 2016 or early 2017, although the committee continues to
grapple with complex issues around key terms such as “risk”,
“worker” and “workplace”.
All three standards will follow the Annex SL format for all
future ISO management systems, with significant changes in
both structure and content. The new approach to
management systems incorporates risk based thinking and
stresses the integration of EHS and Quality management into
the overall business strategy. Significant changes include
taking into consideration the context of the organization and
the needs of interested parties, planning over
corrective/preventive actions and a stronger role for
leadership. Strategically aligning these standards will help
organizations to capitalize on efficiencies and further embed
sustainability into their business systems and culture.
Pipeline Safety Management System Standard –
API RP 1173
The American Petroleum Institute (API) has worked with the
National Transportation Safety Board (NTSB), PHMSA, states,
and industry to develop a proposed Safety Management
System (SMS) standard (API RP 1173). The standard was
issued for public comment in February 2014, revised and
issued for further comment in July 2014, and is now expected
to be issued in final form during the first quarter of 2015.
Essential elements of the standard include: Leadership and
Management Commitment; Stakeholder Engagement; Risk
Management; Operational Controls; Incident Investigation,
Evaluation and Lessons Learned; Safety Assurance; Management
Review and Continuous Improvement; Emergency Preparedness
and Response; Competence, Awareness, and Training; and
Documentation and Recordkeeping.
While not legally required, if the standard is adopted as
industry recommended best practice, a company that does
not have a SMS in place could be challenged as to whether
having such a program would have been ‘reasonably prudent’
and instrumental in preventing the incident.
For more information visit: http://www.api.org/oil-andnatural-gas-overview/transporting-oil-and-naturalgas/pipeline/pipeline-safety-management-systemrequirements
Sustainability Accounting Standards Board (SASB)
SASB is developing accounting standards on sustainability
topics for 80 industries through 2015. The standards are
intended to be used by U.S. and foreign public companies in
their annual filings (Form 10-K or 20-F) with the U.S. Securities
and Exchange Commission (SEC). Progress on the
development process varies by industry sector. In 2014, SASB
released standards for the Non-renewable Resources
(including Oil and Gas), Transportation (including Rail),
Technology & Communications, Financials and Service sectors.
A few key dates to look out for in 2015 include:
 Resource Transformation (including Chemicals; Aerospace
& Defense; Electrical/Electronic Equipment; Industrial
Machinery & Goods; Containers & Packaging) – Target
Release date for standards is March 2015.
 Consumption I (including Agricultural Products, Food and
Beverage, Household and Personal Products) – The public
comment period starts January 14, 2015, with a Target
Release date for standards of June 2015.
 Consumption II (including Apparel, Accessories &
Footwear; Home & Office Products) – The public comment
period starts April 8, 2015, with a Target Release date for
standards of September 2015.
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
Page 13
Summary of Federal Rules and Standards Changes with Impact in 2015
 Renewable Resources & Alternative Energy (including
Forestry & Paper and Renewable Energies) – Industry
Workgroup start date is February 4, 2015. The public
comment period starts July 7, 2015, with a Target Release
date for standards of December 2015.
 Infrastructure (including Integrated, Electric, Gas and
Water Utilities; Waste Management; and
Infrastructure Construction) – Industry Workgroup
start date is May 6, 2015, and the public comment
period starts October 7, 2015.
For more information visit: http://www.sasb.org/
The Sustainable Forestry Initiative® (SFI®) 2015-2019
Standards
SFI Inc., is an independent, nonprofit organization that
oversees the SFI® program and SFI® Standards. The SFI®
Standards are updated every five years. The SFI 2015-2019
Standards and Rules, which took effect on January 1, 2015,
includes the following stand-alone standards:
 The SFI 2015-2019 Forest Management Standard
promotes sustainable forestry practices for any
organization in the United States or Canada that owns or
manages forestlands. Program participants may be
certified to the SFI 2015-2019 Forest Management
Standard by undergoing independent audits by competent
and accredited certification bodies.
 The SFI 2015-2019 Fiber Sourcing Standard promotes
responsible forestry practices by managing how SFI
Program Participants procure fiber from non-certified
forestland.
U.S. Green Building Council (USGBC) LEED v4
Following 3 years of review and collaboration of stakeholders,
USGBC’s LEED v4 updates were published on June 04, 2014.
Significant changes from LEED v3 to v4 include an expansion of
the rating systems and credit requirements for different types
of new buildings and major building renovations, depending
on uses. An overview of the LEED v4 changes include:
 Adding building categories to the LEED BD+C (Building
Design and Construction) to include Data Centers,
Warehouse and Distribution Centers, Hospitality, and
residential buildings (single family homes and multifamily
low rise and midrise buildings); along with the LEED v3
categories of new construction and major renovation, core
and shell development, schools, retail, and healthcare.
 Adding credit categories for Location and Linkage
(transportation), and Awareness and Education.
 Revising and adding prerequisites for existing credit
categories of Sustainable Sites, Water Efficiency, Energy
and Atmosphere, Materials and Resources, Indoor
Environmental Quality, Innovation in Design, and Regional
Priority.
One intent of the new prerequisites and credit categories is
to focus more on the front end of the certification process.
Stakeholders have the option to pursue certification under
LEED v3 (2009) until October 2016. After that deadline, LEED
v4 will become mandatory for new projects. All LEED
credential exams include the new LEED v4 content as of
June 30, 2014.
For more information visit: http://www.usgbc.org/leed
 The SFI 2015-2019 Chain-of-Custody Standard tracks the
percentage of fiber from certified forests, certified
sourcing and recycled content through production and
manufacturing to the end product.
For more information visit: http://www.sfiprogram.org/
Did you find TRC’s Regulatory Update useful? Please take TRC’s short survey to let us know what you think:
TRC’s EHS Client Survey
Your input will help TRC to align our compliance assurance service offerings to fit our clients’ needs.
For further information, please contact:
Environmental – Rachel Hamby at 734.585.7816, RHamby@trcsolutions.com
Health & Safety – Lauri Mesaeh at 864.234.9462, LMesaeh@trcsolutions.com
January 2015
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