Author: Kent Kading | October 19, 2022

Earlier this year, EPA released its FY 2022-2026 Strategic Plan.1A core element of the plan focuses on environmental compliance. In particular, EPA has established two (2) objectives for environmental compliance: (1) Hold Environmental Violators and Responsible Parties Accountable; and (2) Detect Violations and Promote Compliance. Let’s review EPA’s approach to accomplish these two objectives.

EPA has a long history in aggressive enforcement of applicable multi-media regulations for significant and complex operations. In FY21 alone, EPA issued more than $8.4 billion in compliance violations.2Local and state agencies contributed an additional $156 million in penalty assessments. EPA’s enforcement focus is primarily associated with the national compliance initiatives (i.e., EPA’s immediate priorities across multi-media programs) and longstanding high-risk activities that have historically led to significant environmental impacts (e.g., treatment, storage, and disposal sites (TSDFs); large quantity generators (LQGs) of hazardous waste; and hazardous air pollutant emissions from major sources; etc.). With the recent invigorated interest associated with Environmental Justice reviews nationwide, EPA is committing significant resources to a stronger enforcement posture.

1 – FY 2022-2026 EPA Strategic Plan, United States Environmental Protection Agency (USEPA), March 28, 2022

2 – Enforcement Annual Results for Fiscal Year 2021 | US EPA

First Objective Strategy

To address the first objective, “Hold Environmental Violators and Responsible Parties Accountable”, EPA has identified a four (4) part strategy:

  1. Taking Timely Enforcement Action: Commitment to implementing an aggressive enforcement program to address noncompliance.
  2. Using All Appropriate Injunctive Relief Tools in Civil Enforcement Settlements: Use policy and legal tools such as advanced monitoring, audits and independent third-party verification, electronic reporting, and increased transparency of compliance data to demonstrate compliance and where appropriate, achieve compliance as soon as possible.
  3. Strengthening Environmental Justice Through a Robust Enforcement Program: Use of EJSCREEN, in combination with local knowledge and resources to identify communities that may be disproportionally impacted by pollution.
  4. Tackling Climate Change Through Enforcement: Target violators of the American Innovation and Manufacturing (AIM) Act (i.e., reduce the use of hydrofluorocarbons [HFCs] that are potent GHGs), the Renewable Fuel Standard (i.e., increase the use of bio-based fuels), and regulations that apply to oil and gas sources and landfills to aggressively address climate change and GHG emissions.

These steps are intended to quickly identify and address environmental non-compliance scenarios that have potential or actual negative impact on the environment and applicable communities (e.g., threatening or contaminating soil and waterbodies, releasing toxics into the air, contaminated drinking water, etc.). By accelerating the discovery and mitigation of serious environmental non-compliance issues, EPA believes this approach will protect natural resources and potentially impacted communities and level the playing field for businesses that proactively focus on meeting and maintaining compliance with all applicable environmental permits, requirements and regulations.

Second Objective Strategy

The second objective, “Detect Violations and Promote Compliance”, that EPA has established to improvement environmental compliance focuses on the use of effective compliance tools (e.g., inspections, monitoring activities, and technical assistance supported by evidence and advanced technologies) to evaluate and monitor the regulated businesses and communities. Similar to the first objective, EPA has identified a four (4) part strategy for the second objective:

  1. Producing Timely Inspection Reports: Reduce the time from when EPA conducts an on-site inspection to the time that EPA provides the facility with a completed inspection report. Address compliance issues quickly to generate a direct benefit to the affected communities regarding alleged violations.
  2. Focusing Compliance Assurance Activities on Communities, Especially Those with Environmental Justice Concerns: Increase the percentage of inspections at facilities affecting overburdened communities. Advance the detection and resolution of noncompliance activities in communities with environmental justice concerns.
  3. Improving Compliance Assurance Data Management and Enforcement Targeting Capabilities: Effective use of data management and data science capabilities to improve compliance and enforcement. Improve the collection and management of compliance monitoring information through modernization of existing data systems and creation of new tools to streamline the compliance monitoring process.
  4. Tackling Climate Change Through Compliance Assurance: Advance the efforts to address climate change mitigation and adaptation issues through targeting, monitoring, and technical assistance (e.g., direct monitoring and targeting efforts of emission sources with the greatest potential for noncompliant emissions of GHGs; technical assistance on climate resilience to wastewater and drinking water facilities; and vigorous enforcement of regulations to prevent and deter the illegal importation of HFCs).

EPA’s strategic efforts to achieve the second objective relies upon the quick detection and resolution of non-compliance issues within the regulated community. Addressing non-compliance conditions as quickly as possible eliminates future environmental impacts and releases, especially upon communities with existing environmental justice concerns; uses technologies and electronic data reporting results to quickly identify non-compliance conditions; and educates the regulated community as needed on the applicable environmental requirements of concern and how to achieve and maintain compliance.

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Conclusion

The regulated community should understand EPA’s enforcement strategy for the next four years and assess their operations to determine compliance and conformance with EPA’s objectives. A proactive stance towards ensuring environmental compliance as a baseline performance standard strengthens a company’s reputation in the community, raises awareness and improvement from its workforce and contributes to stronger financial performance by avoiding penalties and extended focus from the regulatory agencies. In addition, companies that proactively evaluate their potential impacts on the communities where they operate will benefit from the insight gained and better navigate their future. This evaluation should consider new technologies and processes that lead to minimizing or eliminating their various environmental impacts. These actions will demonstrate the company’s proactive steps to engage and support the goals and objectives of environmental justice.

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Regulatory Updates

New NERC Guidance Supports the Implementation of Grid Forming Inverters

March 8, 2022

NERC has issued a new report highlighting the key attributes of various inverter controls to support proper implementation and to protect reliability.

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Regulatory Updates

NERC Recommends Approaches for Underfrequency Load Shedding Programs

February 24, 2022

In a recently released reliability guideline, NERC recommends additional approaches for Underfrequency Load Shedding (UFLS) program design to help utilities effectively consider the effects of Distributed Energy Resources (DERs). The guidance was developed to address the accelerated transition of the power system to locally installed, decarbonized resources that depend on inverters. These new technologies introduce operational controls issues into the electric grid. UFLS data gathering and analysis methodologies may require modification to address reliability risks.

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Regulatory Updates

NERC and FERC Recommend Protection System Commissioning Improvements

January 18, 2022

Between 18 and 36 percent of reported utility misoperations were attributed to issues that could have been detected through a properly implemented PSC.

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Regulatory Updates

FERC & NERC Issue Joint Report on Freeze Reliability Failures

December 15, 2021

The in-depth report outlines twenty-eight recommendations to address freeze reliability failures, including operating practices and recommendations for NERC standards modifications surrounding generator winterization and gas-electric coordination.

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Regulatory Updates

NERC Accelerates Additional Cold Weather Standards Changes

November 22, 2021

At its November 2021 meeting, NERC’s Board of Trustees took aggressive action to advance critical cold weather Reliability Standards. Most notably, the group approved the 2022-2024 Reliability Standards Development Plan, which prioritizes standards projects for the coming years including a resolution to include new cold weather operations, preparedness and coordination standards as high priority development projects.

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PRC-002-2 Disturbance Monitoring and Reporting Standard: Initial Mandatory Implementation Plan Dates Approach

November 18, 2021

The Federal Energy Regulatory Commission approved PRC-002-2 in September, 2015. The initial due date for system studies necessary to identify locations for the collection of disturbance related data under Requirement R1 is January 1, 2017.

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Insights

OSHA’s National Emphasis Program on Heat-Related Illness and Injuries

November 3, 2021

On September 20, 2021 in an OSHA National News Release, OSHA published a memorandum establishing an enforcement initiative that is designed to prevent and protect employees from heat-related illnesses and death. This initiative, which develops a National Emphasis Program (NEP) on heat inspections, is an expansion of an already existing Regional Emphasis Program (REP) in OSHA’s Region VI, which covers Arkansas, Louisiana, New Mexico, Oklahoma and Texas.

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Regulatory Updates

New Potential Compliance Standards Identified at FERC Technical Conference on Reliability

October 18, 2021

With a focus on the reliability impact of extreme weather and the shortcomings of current system planning approaches, both NERC and FERC conference participants opened the door to potential forthcoming compliance standard enhancements or changes.

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Regulatory Updates

NJDEP Implements New Jersey Environmental Justice Law Through Administrative Order

October 5, 2021

On September 22, 2021, the New Jersey Department of Environmental Protection (NJDEP) Commissioner announced the issuance of Administrative Order (AO) No. 2021-25 to implement New Jersey’s Environmental Justice (EJ) Law. This order is effective immediately, and applicants seeking to site new major source facilities, renew major source permits or expand existing facilities with major source permits (e.g., Title V air permits) in overburdened communities are affected. There are more than 4.5 million people that live within 331 municipalities that are overburdened communities in the state of New Jersey.

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Insights

OSHA Returns to In-Person Inspections As COVID-19 Restrictions Lift

August 4, 2021

The Occupational Safety and Health Administration (OSHA) is authorized by the Occupational Safety and Health Act of 1970 (OSH Act) to assure employers provide safe and healthful work conditions free of recognized hazards and by setting and enforcing standards and providing training, outreach, education and technical assistance. OSHA has recently announced the return to in-person inspections as COVID-19 restrictions begin to lift.

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News

TRC and T.D. Williamson Partner to Provide Safe, Innovative and Cost-Saving Services to Pipeline Operators

July 18, 2021

TRC is teaming with T.D. Williamson to help oil and gas clients navigate the compliance issues surrounding PHMSA’s upcoming Gas Mega Rule.

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Regulatory Updates

NERC Proposes Revisions to CIP-008

March 27, 2021

NERC’s CIP-008 standard aims to mitigate reliability risks resulting from a Cyber Security Incident by specifying incident response requirements. Newly proposed revisions would augment mandatory reporting to include incidents that compromise, or attempt to compromise, a utility’s Electronic Security Perimeter (ESP) or associated Electronic Access Control or Monitoring Systems (EACMS).

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Regulatory Updates

NERC Releases 2021 Compliance Monitoring and Enforcement Findings

February 8, 2021

NERC’s 2021 Compliance Monitoring and Enforcement Program reframes the previous year’s risks and their associated areas of focus. Utilities should review their compliance programs and internal controls to determine if enhancement or changes are need to maintain compliance.

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Regulatory Updates

2020 TSCA Chemical Data Reporting (CDR)

December 7, 2020

Earlier this year, EPA revised the CDR rule to reflect the 2016 amendments to TSCA, including changes for foreign-owned businesses and the reporting responsibilities of suppliers and contractors, as well as an exemption for small businesses.

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Insights

Integrity Dig Integrated Services

August 4, 2020

Our Integrity Engineers, Surveyors, Right-of-Way Experts and Environmental Scientists are well-versed in all phases of integrity dig programs from preparing the pipeline for a tool run, interpreting results, verifying proper repair procedures and obtaining federal and state environmental approvals. Our team includes former pipeline operators, survey experts, PHMSA and environmental regulators and trainers. We developed the current ILI training curriculum for PHMSA’s training program.

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News

INGAA Foundation Elects TRC’s Lauren O’Donnell as Chair

February 5, 2020

The board of directors of the INGAA Foundation elected Lauren O’Donnell as its chair for a one-year term.

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Insights

Targeting Perfection in the Construction and Operation of Pipelines

October 18, 2019

To have an impact on the delivery or operation of a pipeline, it’s vital to eliminate the intra- and inter-company barriers, including those in the areas of communications, culture and technology.

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Insights

How Much Does Operator Qualification Matter for In-Line Inspection of Pipelines?

October 9, 2019

Successful pipeline inspectors and analysts need more than just the right certifications. Even more important is proper experience and on-the-job training.

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Regulatory Updates

PHMSA Publishes New Rules to Increase the Safety of Hazardous Liquid Pipelines and Gas Transmission Pipelines

September 25, 2019

The Pipeline and Hazardous Materials Safety Administration this week published important new rules aimed at improving pipeline safety.

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Regulatory Updates

NERC Calls for New Approach to Reliability Planning Due to Gas Supply Disruption Risks

December 14, 2017

A recently published NERC report concludes that as reliance on natural gas to meet electric generation requirements increases, additional planning and operational measures must be considered to mitigate power system reliability risks.

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Insights

Taking the Credit

March 15, 2024

A primer on the Inflation Reduction Act (IRA)—the largest climate investment in the U.S. federal government history—considering what EH&S managers need to know about this far-reaching legislation.

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Regulatory Updates

SEC Rules in Favor of Climate-Related Disclosures

March 8, 2024

In a long-awaited climate ruling, the Securities and Exchange Commission (SEC) ruled 3-2 in favor of the climate-related disclosures on March 6, 2024.

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Regulatory Updates

EPA Proposes Rules for IRA-mandated Waste Emissions Charge for Methane

February 6, 2024

EPA proposed rules to implement the Waste Emissions Charge (WEC) program for facilities that exceed a waste emissions threshold

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Regulatory Updates

What You Need to Know about the EU Corporate Sustainability Reporting Directive (CSRD)

January 19, 2024

January 1, 2024, marks the start of the first reporting timeframe for companies in scope of the European Union’s Corporate Sustainability Reporting Directive (CSRD).

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Insights

The Journey to Net Zero Begins with Understanding the Destination

December 7, 2023

We can ensure integrity in net zero implementation by understanding the evolving framework for net zero definition.

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Insights

Agrivoltaics: A Sustainable Way to Harvest Sunshine

October 10, 2023

Learn how incorporating agricultural practices into your solar development improves project success.

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Insights

Optimizing Offsets

September 7, 2023

Ensure Carbon Offsets Support Your Organization’s Climate Strategy

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Insights

New Jersey Implements Landmark Environmental Justice Regulations

August 2, 2023

A new landmark Environmental Justice (EJ) law is now effective in New Jersey following a lengthy rulemaking process surrounding the New Jersey Department of Environmental Protection’s (NJDEP) Administration Order (AO) No. 2021-25. It is the first rule of its kind and the strongest EJ regulation in the nation.

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EPA Proposes Regulation of Green House Gas Emissions

July 10, 2023

This article highlights the EPA’s proposed rules to regulate greenhouse gas emissions from power plants and the potential impact on new and existing fossil fuel-fired facilities.

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Insights

California Advances Plastic Packaging Law

July 7, 2023

As rulemaking deadlines and compliance timeframes approach, how will your organization be impacted?

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Insights

Organizing for Project Success

June 22, 2023

Many organizations are establishing Project Management Organizations (PMOs) to improve project management within their organizations. While there can be many reasons for establishing a PMO, most are established to improve project management with respect to schedule, cost, quality and risk. This article provides an overview of factors to consider when deciding on which type of PMO is most suitable for your organization and how best to implement a successful and high-performing PMO.

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Insights

Community Benefits Plans – A Winning Formula for Federal Funding

May 12, 2023

The CBP acts as the project’s roadmap for ensuring communities workers, and other stakeholders have opportunities for meaningful engagement.

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Regulatory Updates

New Executive Order 14096 Broadens Environmental Justice Initiatives

May 9, 2023

Executive Order 14096, Revitalizing Our Nation’s Commitment to Environmental Justice for All, seeks to deepen the Biden administration’s “whole-of-government” approach to environmental justice (EJ) by fully integrating the consideration of unserved and overburdened communities and populations into all aspects of federal agency planning and delivery of services.

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Resources

Agrivoltaics

February 8, 2023

Agrivoltaics is the simultaneous use of land for both solar photovoltaic power generation and agriculture.

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Resources

VaporSafe™ Continuous Air Monitoring Technology

January 9, 2023

VaporSafe™ continuous air monitoring technology can be used as a sustainable solution to identify a vapor intrusion pathway.

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Resources

Green and Sustainable Remediation

January 9, 2023

Green and sustainable remediation (GSR) can optimize remedial activities, minimize environmental footprints and reduce social and economic impacts.

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Insights

How to Develop a Climate Resiliency Plan for Extreme Weather Events

December 15, 2022

Planning now for weather-related risks is crucial to preserving local communities.

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Resources

Carbon Sequestration

December 14, 2022

Carbon Sequestration is an emerging technology to combat climate change by mitigating carbon emissions.

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Insights

Preparing Your RMP Facility for a Future of Extreme Weather

November 29, 2022

Facilities dealing with hazardous materials must prepare for extreme weather events that pose a risk to their operations and the community.

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Insights

Data Requirements to Improve Statistical Decision Making

October 25, 2022

One goal of statistics is to draw meaningful inferences but your dataset must be large enough to provide technically-defensible and robust statistics.

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Regulatory Updates

Proactive Enforcement is Key in the EPA FY2022-2026 Strategy

October 19, 2022

A core element of the EPA FY2022-2026 Strategic Plan focuses on environmental compliance.

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Regulatory Updates

Preparing for EPA Inspections in Environmental Justice Communities

October 4, 2022

The EPA Office of Enforcement and Compliance Assurance Have Expanded Goals to Strengthen Enforcement and Protections Within EJ Communities

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News

TRC Companies Inc. welcomes the Founder and Key Principals of ESG Advisory Firm Enzo Advisors, LLC

September 27, 2022

TRC Companies announces the expansion of its Climate Solutions offering and ESG capabilities with the addition of the Founder and CEO, and key members of Enzo Advisors, LLC

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Insights

A Green Future for Stormwater Management

September 26, 2022

Green Stormwater Management is an effective strategy for flood control and pollution mitigation.

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Insights

ESG Social Criteria

June 22, 2022

ESG criteria involve many different factors. In this article, we look at the social aspect of ESG criteria. Contact TRC today to develop your ESG strategy!

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Insights

ESG vs. CSR | Differences, Definitions & Implementation

June 19, 2022

ESG and CSR both address the need for corporate social responsibility in businesses but in different ways. Click here to learn more about ESG vs. CSR!

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Insights

Climate Action and Environmental Justice are at the Forefront of EPA’s Strategic Plan

June 14, 2022

The EPA issued its Fiscal Year 2022-2026 Strategic Plan. Although the strategic plans emphases often change with administrations, we can be reasonably certain that the Plan reflects priorities through 2024.

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Insights

What Are ESG Ratings and How Are They Given?

June 12, 2022

Your ESG rating can make or break your business’s attractiveness to investors. Learn more about ESG ratings and how they work with TRS Company!

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News

TRC Companies Pledges to Achieve Net Zero GHG Emissions by 2040

April 26, 2022

TRC Companies, a digitally powered and environmentally focused global professional services firm, announced its commitment to achieve Net Zero greenhouse gas (GHG) emissions across its full value chain by 2040, aligning with the most ambitious aim of the Paris Agreement to limit global temperature rises to 1.5 °C.

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Insights

Why Are ESG Frameworks Important?

April 13, 2022

ESG standards significantly impact long-term growth, leading many companies to integrate ESG reporting into their corporate social responsibility (CSR) strategies. ESG frameworks are broad and diverse, and establishing a reporting system that covers your industry’s most relevant metrics can be challenging.

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Insights

How Does ESG Address Social Concerns?

February 1, 2022

Social criteria encompass relationship management and how the company fits into the community where it produces its goods or services. Learn more.

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Insights

How Does ESG Address Corporate Governance?

November 15, 2021

Environmental, social and governance (ESG) criteria can direct investors’ decisions regarding which companies they choose to support. Each component plays a crucial role in risk assessment.

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Insights

How Does ESG Address Environmental Concerns?

October 22, 2021

When investors consider where to put their money, they may examine environmental, social and governance (ESG) criteria, learn about a company’s core values and decide if they align with their own. Young people, in particular, search out this information to make decisions that align with their morals.

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What Is Environmental, Social and Corporate Governance?

October 10, 2021

Several key considerations help determine whether an investor decides to support a particular company. While many factors can tip the scales, investors are increasingly seeking out businesses that uphold higher standards. Therefore, companies should openly communicate their standards to make it easier for investors to understand their values.

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Regulatory Updates

NJDEP Implements New Jersey Environmental Justice Law Through Administrative Order

October 5, 2021

On September 22, 2021, the New Jersey Department of Environmental Protection (NJDEP) Commissioner announced the issuance of Administrative Order (AO) No. 2021-25 to implement New Jersey’s Environmental Justice (EJ) Law. This order is effective immediately, and applicants seeking to site new major source facilities, renew major source permits or expand existing facilities with major source permits (e.g., Title V air permits) in overburdened communities are affected. There are more than 4.5 million people that live within 331 municipalities that are overburdened communities in the state of New Jersey.

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Insights

Screening ESG Risks in Autonomous Robotics Investments

September 9, 2021

Environmental, social & governance (ESG) issues are important considerations with autonomous robotics due to potential reputational risks.

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Insights

Cryptocurrency: The Environmental Threats and Opportunities

August 9, 2021

Cryptocurrency (also known as crypto) is taking the fintech industry by storm, despite the economic experts who still dismiss it as a viable form of currency. Although often criticized for this volatility, whistleblowers are also further shining a light on the severe toll that these digital currencies are taking on the environment.

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White Papers / Reports

Managing EHS & ESG Risks Through Integrated Systems Today and Beyond

July 22, 2021

It has been more than 50 years since the development and establishment of the federal Environmental Protection Agency (EPA) and the federal Occupational Safety & Health Administration (OSHA) which were formed to protect our environment and workplaces across the United States. Significant laws, policies and regulations followed to establish the “regulatory programs” that all applicable businesses and entities must address and meet to ensure these compliance-driven legislative programs would create a foundation to protect our society.

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Insights

The View on Climate Change has Changed in Washington

March 1, 2021

The Biden Administration signals both a renewed and accelerated focus on climate change.

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Insights

EHS Due Diligence in 2022

December 7, 2020

Some of observations and trends in the EHS due diligence market since the beginning of the pandemic.

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News

TRC Announces Collaboration with Greenstone Reinforcing Integrated ESG, Sustainability and Climate Risk Solutions

June 26, 2020

The dominant trend in improving the efficiency and profitability of the logistics and supply chain industry will continue to be achieved through automation. Environmental, social and governance (ESG) issues can be important considerations for investments in this sector due to potential reputational risks for the acquiring entity. Key issues include negative publicity surrounding the perception of job elimination, as well as the procurement of specialty materials required to produce batteries and other components of autonomous robots. The recycling or responsible disposal at the end of the life of the product is also a key focus especially in Europe. TRC was asked to provide ESG risk screening for a foreign auto manufacturer’s investment in a U.S.-based autonomous robotics company. A two-step approach was taken to access the risks associated with this target. The first step evaluated the inherent risks of the target company’s sector based on its geographical spread and operations using public information like the Sustainability Accounting Standards Board (SASB) and the CDC Investment Works Toolkit. The second step involved deeper analysis of ESG risk assessments & insights based on a review of specific controls that the company uses to manage its risks. This included a questionnaire, reviewing company documents and programs, and interviewing company representatives.

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White Papers / Reports

COVID-19 and Implications for ESG Investing

June 3, 2020

This global pandemic has exposed business vulnerabilities and recalibrated material Environmental Social and Governance factors for investors.

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Regulatory Updates

EPA Finds Trichloroethylene Presents Unreasonable Risk in Final Risk Evaluation

April 6, 2023

On Jan 9, 2023, the United States Environmental Protection Agency (EPA) revised the Toxic Substance Control Act (TSCA) to reflect a new risk determination for trichloroethylene (TCE).

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Regulatory Updates

EPA Publishes Effluent Guidelines Program Plan 15

February 14, 2023

The EPA announced updated effluent limitations guidelines under Plan 15, focusing on the evaluation and rulemaking process for per- and polyfluoroalkyl substances (PFAS) discharges.

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Regulatory Updates

TRI PFAS Reporting Requirements Continue to Expand

January 25, 2023

The list of PFAS for TRI reporting has increased to a total of 189 for reporting year 2023.

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Regulatory Updates

Phase I ESA ASTM Standard Update: The Wait is Over

December 21, 2022

The USEPA published a Final Rule making the ASTM E1527-21 Phase I ESA standard AAI compliant.

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Regulatory Updates

PFAS Discharges in NPDES Permits

December 19, 2022

In a follow-up to the EPA Office of Water’s April 28, 2022 memo, EPA released “Part 2″, providing guidance for the NPDES permitting/pretreatment program as it relates to restricting discharges of PFAS to water bodies.

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Regulatory Updates

Proactive Enforcement is Key in the EPA FY2022-2026 Strategy

October 19, 2022

A core element of the EPA FY2022-2026 Strategic Plan focuses on environmental compliance.

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Regulatory Updates

Preparing for EPA Inspections in Environmental Justice Communities

October 4, 2022

The EPA Office of Enforcement and Compliance Assurance Have Expanded Goals to Strengthen Enforcement and Protections Within EJ Communities

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Regulatory Updates

Washington State Establishes PFAS Cleanup Levels

September 21, 2022

The Washington State Department of Ecology (Ecology) recently published a list of 6 PFAS compounds that now have soil and groundwater cleanup levels

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Regulatory Updates

New National Emerging Contaminants Research Initiative

September 12, 2022

The Executive Office of the President of the United States announced a National Emerging Contaminant Research Initiative

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Regulatory Updates

EPA Issues Proposed Rule Designating PFOA and PFOS as Hazardous Substances

September 7, 2022

The EPA has issued a pre-publication version of a proposed rule to designate two PFAS compounds as hazardous substances under CERCLA.

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Insights

Using Economic Impact Assessments to Share the Story of a Project or Facility

August 24, 2022

Economic Impact Assessments can demonstrate the positive effects a project has on the local economy.

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Insights

PFAS Forensics – Identify the Source of PFAS

July 8, 2022

Forensics and source identification is necessary to detect the unique PFAS chemical signatures

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Regulatory Updates

Five New PFAS Added to EPA Regional Screening Levels (RSLs)

June 24, 2022

EPA announced the addition of five new PFAS to the list of Regional Screening Levels (RSLs)

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Regulatory Updates

EPA Announces Updated Drinking Water Health Advisories for Four PFAS Chemicals: PFOS, PFOA, PFBS, & GenX

June 24, 2022

On June 15, 2022, the EPA released updated Health Advisory Levels for four per- and polyfluoroalkyl substances (PFAS) in drinking water

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Insights

Climate Action and Environmental Justice are at the Forefront of EPA’s Strategic Plan

June 14, 2022

The EPA issued its Fiscal Year 2022-2026 Strategic Plan. Although the strategic plans emphases often change with administrations, we can be reasonably certain that the Plan reflects priorities through 2024.

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Regulatory Updates

Worst Case Discharges of Hazardous Substances – Proposed Rule

May 25, 2022

In compliance with the Clean Water Act (CWA), the U.S. Environmental Protection Agency (EPA) recently proposed a new rule for onshore non-transportation-related facilities requiring specified facilities to plan for worst case discharges (WCDs) of CWA hazardous substances that could cause substantial harm to the environment.

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Regulatory Updates

PFAS Discharges and NPDES Permits

May 25, 2022

On April 28, 2022, the U.S. Environmental Protection Agency’s (EPA) Office of Water released a memo addressing the use of National Pollutant Discharge Elimination System (NPDES) permits to restrict per- and poly-fluoroalkyl substances (PFAS) discharges to water bodies.

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Regulatory Updates

EPA Proposes Aquatic Life Criteria for PFOA and PFOS

May 25, 2022

On May 3, 2022, under the Clean Water Act (CWA), the United States Environmental Protection Agency (USEPA) proposed the first aquatic life criteria for both short-term and long-term toxic effects from Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS).

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Regulatory Updates

SEC Releases New Proposed Rules Requiring Public Companies to Disclose Climate Risks

April 12, 2022

On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) issued its proposed rules for The Enhancement and Standardization of Climate-Related Disclosures for Investors which would require public companies in the U.S. to disclose information in their annual financial reports.

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Regulatory Updates

PFOA & PFOS As CERCLA Hazardous Substances: What Does This Mean and How Can You Be Prepared?

February 17, 2022

A plan to designate two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under CERCLA was recently submitted by the EPA.

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Regulatory Updates

EPA Proposes New Emissions Limits for Combustion Turbines

May 22, 2021

After 15 years of legal limbo, combustion turbines could be facing new emissions standards under a proposal introduced by the EPA.

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Regulatory Updates

EPA Finalizes Reversal of “Once In Always In” Air Pollution Policy

November 18, 2020

On October 1, 2020, the EPA finalized a ruling that no longer enforces the “once in, always in” air emissions policy.

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Regulatory Updates

Potential Impacts from EPA’s Proposed Waters of the United States Rule

July 24, 2019

The EPA is redefining which bodies of water are eligible for protection under the federal Clean Water Act – and which ones aren’t.

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Regulatory Updates

EPA Releases Clean Water Act Facility Response Plan Rule

June 19, 2024

This Regulatory Update is the first in a series summarizing the Rule and how it may affect your facility.

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Regulatory Updates

PM2.5 Annual NAAQS Revised

May 7, 2024

The U.S. EPA issued a final rule based on its reconsideration of its 2020 decision to retain the primary and secondary National Ambient Air Quality Standards (NAAQS) for particulate matter (PM) without revision.

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Regulatory Updates

What You Need to Know About MSHA’s Final Rule on Crystalline Silica Dust

April 8, 2024

Regulatory Changes Will Impact Mine Operators and Better Protect Employee Health and Safety.

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Regulatory Updates

Changes to EPA’s Risk Management Program (RMP) Regulations Are Here

April 3, 2024

Changes to the Risk Management Program (RMP) regulations were signed into a final rule on February 27, 2024, by EPA Administrator Michael S. Regan.

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Insights

Risk Assessments for Your Environmental Permit

February 1, 2024

Environmental risk assessments help protect facilities, workers and the environment. Learn more about the importance of environmental risk assessments today.

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Regulatory Updates

Changes to EPA’s Risk Management Program (RMP) Regulations Are Coming

April 14, 2023

Changes to the Risk Management Program (RMP) regulations were signed into a final rule on February 27, 2024, by EPA Administrator Michael S. Regan.

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Regulatory Updates

Phase I ESA ASTM Standard Update: The Wait is Over

December 21, 2022

The USEPA published a Final Rule making the ASTM E1527-21 Phase I ESA standard AAI compliant.

0f7b8139-coal-fired-power-plant-smoke-stacks-platte-river-casper-wyoming-wind-turbines-821028416
Insights

Preparing Your RMP Facility for a Future of Extreme Weather

November 29, 2022

Facilities dealing with hazardous materials must prepare for extreme weather events that pose a risk to their operations and the community.

business-and-statistics-concept
Insights

Data Requirements to Improve Statistical Decision Making

October 25, 2022

One goal of statistics is to draw meaningful inferences but your dataset must be large enough to provide technically-defensible and robust statistics.

904ccb51-power-plant-in-urban-area
Regulatory Updates

Proactive Enforcement is Key in the EPA FY2022-2026 Strategy

October 19, 2022

A core element of the EPA FY2022-2026 Strategic Plan focuses on environmental compliance.

3bfd18d9-highway-through-clevleand-oh-1162198844
Regulatory Updates

Preparing for EPA Inspections in Environmental Justice Communities

October 4, 2022

The EPA Office of Enforcement and Compliance Assurance Have Expanded Goals to Strengthen Enforcement and Protections Within EJ Communities

gettyimages-1256588029
Insights

A Green Future for Stormwater Management

September 26, 2022

Green Stormwater Management is an effective strategy for flood control and pollution mitigation.

gettyimages
Regulatory Updates

New National Emerging Contaminants Research Initiative

September 12, 2022

The Executive Office of the President of the United States announced a National Emerging Contaminant Research Initiative

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Insights

Using Economic Impact Assessments to Share the Story of a Project or Facility

August 24, 2022

Economic Impact Assessments can demonstrate the positive effects a project has on the local economy.

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Insights

Regulatory Compliance Items to Consider as Part of Transactional Due Diligence

July 19, 2022

Performing a limited environmental regulatory review can identify potential deficiencies with the environmental management of an acquisition.

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Insights

Climate Action and Environmental Justice are at the Forefront of EPA’s Strategic Plan

June 14, 2022

The EPA issued its Fiscal Year 2022-2026 Strategic Plan. Although the strategic plans emphases often change with administrations, we can be reasonably certain that the Plan reflects priorities through 2024.

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Insights

CCR Removal and Its Effects on Soil and Groundwater Geochemistry

October 25, 2021

Many utilities are implementing corrective action at coal combustion residual (CCR) surface impoundments under Federal or State CCR Regulations, with implications for groundwater protection standards.

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Regulatory Updates

NJDEP Implements New Jersey Environmental Justice Law Through Administrative Order

October 5, 2021

On September 22, 2021, the New Jersey Department of Environmental Protection (NJDEP) Commissioner announced the issuance of Administrative Order (AO) No. 2021-25 to implement New Jersey’s Environmental Justice (EJ) Law. This order is effective immediately, and applicants seeking to site new major source facilities, renew major source permits or expand existing facilities with major source permits (e.g., Title V air permits) in overburdened communities are affected. There are more than 4.5 million people that live within 331 municipalities that are overburdened communities in the state of New Jersey.

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Regulatory Updates

OSHA’s Call for Comments on Mechanical Power Press Standard Changes

September 30, 2021

OSHA has recently published a call for comment regarding mechanical power presses. The reason behind OSHA’s request is that the American National Standards Institute (ANSI) consensus standard for mechanical power presses has been updated numerous times since the implementation of OSHA’s standard.

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White Papers / Reports

Managing EHS & ESG Risks Through Integrated Systems Today and Beyond

July 22, 2021

It has been more than 50 years since the development and establishment of the federal Environmental Protection Agency (EPA) and the federal Occupational Safety & Health Administration (OSHA) which were formed to protect our environment and workplaces across the United States. Significant laws, policies and regulations followed to establish the “regulatory programs” that all applicable businesses and entities must address and meet to ensure these compliance-driven legislative programs would create a foundation to protect our society.

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Regulatory Updates

EPA Resource Conservation & Recovery Act (RCRA) Corrective Action (CA)

January 11, 2021

The EPA RCRA Corrective Action (CA) Program recently provides a review and update on CA set in 2004 and new CA set for 2030.

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Regulatory Updates

EPA continues to aggressively address PFAS wastewater with two new strategies

January 4, 2021

EPA takes steps toward PFAS wastewater and storm water permitting, and analytical methods for testing.

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Regulatory Updates

2020 TSCA Chemical Data Reporting (CDR)

December 7, 2020

Earlier this year, EPA revised the CDR rule to reflect the 2016 amendments to TSCA, including changes for foreign-owned businesses and the reporting responsibilities of suppliers and contractors, as well as an exemption for small businesses.

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Ecological Risk of PFAS from AFFF-Impacted Sites

June 30, 2020

The facts on evaluating exposure to wildlife

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News

TRC and Environmental Partners, Inc. (EPI) have entered into definitive agreement for the sale of EPI’s business

November 25, 2019

TRC and Environmental Partners, Inc. (EPI) have entered into definitive agreement for the sale of EPI’s business

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News

TRC Chosen to Provide Array of Integrated Services on Midship Pipeline Project

August 28, 2018

TRC has been awarded contracts for environmental consulting, engineering and field services and another for stem-to-stern Engineer, Procure and Construct (EPC) contract for three compressor stations.

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Kent Kading

Kent Kading leads TRC’s Environmental, Health and Safety (EHS) Services across the organization. He is responsible for the planning, operations, execution and delivery of EHS Services performed by TRC EHS engineers, scientists and specialists to our clients. He has over 30 years of experience leading EHS permitting, compliance and management system services for clients world-wide. Kent has significant experience developing, implementing and evaluating multi-media EHS compliance programs and management systems for various industrial clients. He has conducted comprehensive compliance audits, environmental/health risk assessments, process safety management/risk management plan development and support and air and water permitting projects at a variety of industrial facilities. He also has provided industrial clients across the United States with a variety of EHS Services including: air quality permitting and compliance; wastewater permitting and compliance; stormwater permitting and compliance; hazardous waste management; EPCRA reporting and compliance; OSHA/state programs health & safety compliance with program standards, including confined space, lockout tagout, hazard communication, walking-working surfaces, electrical safety, hot work and other industrial safety programs. Contact Kent at KKading@trccompanies.com.