5 More EPA Rules Delayed Until May 22
More than sixty days have now passed since that executive order took effect. In the EO, the President also directed the heads of agencies to determine whether the effective date of any rules should be extended for more than sixty days. On March 20, EPA posted a Final Rule to the Federal Register to further delay the implementation of five environmental rules until May 22, 2017.
The five rules that will now take effective on May 22, 2017 are:
Addition of Subsurface Intrusion Component to the Hazard Ranking SystemPublished on January 9, 2017, this Final Rule added subsurface intrusion to the list of criteria EPA uses to evaluate sites for placement on the National Priorities List (NPL). Subsurface intrusion is the process by which hazardous substances spilled on the ground may move through the soil or groundwater, then rise as gasses, vapors, or liquids into the buildings above.
To learn more about how sites are added and removed from EPA’s National Priorities List, read How Do Sites Get On or Off the Superfund List?
Formaldehyde Emissions Standards for Composite Wood ProductsThis Final Rule, published in December 2016, added a new Title VI to the Toxic Substances Control Act (TSCA) intended to reduce formaldehyde emissions from composite wood products. The rule created provisions for certain types of wood products for which formaldehyde is used as part of production.
Originally set to take effect in February this year, the rule added product testing and labeling requirements, recordkeeping requirements including chain-of-custody documentation, import certification, a prohibition against stockpiling these products, and more.
The entire TSCA program was overhauled in June 2016 with the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Lautenberg Act). To read about how TSCA will change under the amendments, read Your New TSCA Rules Breakdown.
Certification of Pesticide ApplicatorsFinalized in January 2017, this Final Rule updated EPA’s certification and re-certification requirements for applicators of restricted-use pesticides.
The Final Rule included a minimum age requirement for restricted-use pesticide applicators, recordkeeping requirements, and certification methods for different categories of high-risk pesticides.
Revisions to the Guideline on Air Quality Models: Enhancement to the AERMOD Dispersion Modeling System and Incorporation of Approaches to Address Ozone and Fine Particulate Matter
Called the 2017 Appendix W Final Rule for short and published in Federal Register on January 17, 2017, this Final Rule updated EPA’s preferred models and techniques industry may use to estimate the concentrations of hazardous pollutants in the ambient air.
The Final Rule makes “enhancements” to the near-field dispersion model (AERMOD) to address stakeholders concerns and replaced the CALINE3 model with the AERMOD model for refined mobile source applications, including PM 2.5, PM 10, and CO2 hot-spot analyses.
EPA maintains a fact sheet about this Final Rule here.
Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and Revocation/Termination or Suspension of Permits; Procedures for Decision makingDespite its long title, this Final Rule was billed by EPA as a procedural rulemaking that made no substantive changes to the EPA’s enforcement actions or permit reviews. The rule consolidated EPA’s procedures—found in 40 CFR Part 22—for assessing civil penalties, issuing compliance orders, and suspending or terminating permits.
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