Environmental, Health and Safety Compliance Newsletter
January 20 , 2006 - Volume 4, Number 1
MACTEC's Environmental, Health and Safety Compliance Newsletter is a bi-weekly newsletter highlighting regulatory updates and the latest legal and technical news for Environmental and Occupational Safety and Health professionals. This newsletter is also available for printing and downloading here. (381kb PDF)
In this issue
The United States has significantly improved its environmental performance in the last eight years even as its economy and population have grown substantially, according to a report from the Environmental Performance Review Program of the Organization for Economic Cooperation and Development's (OECD). The report documents that from 1996-2005, the United States reduced pollution during a period when there was a 10 percent increase in the size of the U.S. population and a 30 percent increase in the nation's gross domestic product.
OECD's Environmental Performance Reviews program assists member countries in improving their environmental management performance by assessing progress, promoting a policy dialogue among member countries, and stimulating greater accountability from governments towards public opinion. This is the second review of the United States, with the first review completed in 1996.
"Since the first review in 1996, the health of our shared environment and the strength of our national economy have experienced dramatic improvement," said EPA Administrator Stephen L. Johnson. "By reaffirming our commitment to innovation, accountability and sound science, we have created a solid footing to meet the environmental challenges facing the U.S. in the 21st Century."
The U.S. Ambassador to the OECD, Constance A. Morella, remarked, "This review demonstrates the commitment the United States maintains towards the quality of its environment and the leadership role the U.S. plays within the OECD."
The report commends the United States for being a pioneer in market-based solutions, innovative policies, and partnerships for an improved environment. Noting this progress, the review commends the United States for "decoupling" environmental pressures from economic growth and details progress in a number of key areas:
- Emissions of major air pollutants declined;
- Drinking water standards have been strengthened;
- Overall quality of the water supplied by public systems improved;
- Extensive system of national conservation areas was further expanded;
- Ecosystem management approaches have been introduced to improve management of many sensitive areas
- Environmental justice considerations and cooperation with tribal authorities concerning environmental conditions has increased substantially since the 1990s.
The review also includes 51 specific recommendations for the United States to continue its leadership in the field of environmental protection, such as expansion of the role of market-based instruments and continued promotion of environmental education and awareness, especially at state and local levels.
This U.S. review was based on a series of more than 700 interviews conducted by OECD's review team during a two-week visit to the United States in the summer of 2004. The peer review team included members from Australia, Japan, Norway, and the United Kingdom, together with OECD Secretariat staff.
OECD superseded the previous Organization for European Economic Cooperation, founded in 1948 to coordinate the post-war Marshall Plan for European economic recovery. Thirty member countries work together to promote economic expansion and world trade.
To obtain a copy of the report or for additional details, contact OECD's Media Relations Division at news.contact@oecd.org.
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EPA recently issued amendments to the national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters which the Agency promulgated on September 13, 2004. After publishing the final rule, EPA received petitions for reconsideration of certain provisions in the final rule. On July 27, 2005, EPA published a notice of reconsideration and requested public comment on certain aspects of the health-based compliance alternatives, as outlined in 40 CFR 63.7507 and appendix A to the final rule (40 CFR Part 63, subpart DDDDD). After evaluating public comment on the notice of reconsideration, we are retaining the health-based compliance alternatives in the final rule in substantially the same form. However, we are making a limited number of amendments to 40 CFR 63.7507 and appendix A to the final rule to improve and clarify the process for demonstrating eligibility to comply with the health-based compliance alternatives contained in the final rule.
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The U.S. EPA has announced it will no longer require five types of small businesses to obtain federal operating permits. These businesses include: neighborhood perchloroethylene dry cleaners; small ethylene oxide sterilizers that clean laboratory equipment and other items; chromium electroplaters that make items such as chrome parts for cars and plumbing fixtures; secondary aluminum production sources like car salvage yards; and halogenated solvent cleaners that clean metal parts, electronics and other objects.
The operating permit, called a Title V permit, requires a facility to make regular reports on how it is tracking and controlling emissions and to certify each year whether it has met its air pollution requirements. The Clean Air Act states that a small business may be exempted from permits if it is "impracticable, infeasible, or unnecessarily burdensome" for the small facility to meet permit requirements.
EPA said the action does not change any requirements governing the control of emissions of toxic air pollutants that apply to these facilities -- they will still be required to limit their emissions of air toxics. In addition, the air toxics standards governing these businesses already require a detailed accounting of compliance. However, the additional requirements of a permit would be very costly for these small businesses and would not provide additional assurance of compliance. More information on this action is available online at http://www.epa.gov/ttn/oarpg/t5/fact_sheets/asourceexempt.html.
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Notable environmental achievements in New England during the past year are eligible for recognition by EPA’s New England Office.
EPA is now accepting nominations for the 2006 Environmental Merit Awards, which seek to recognize environmental achievements during the past year. Award categories are available for individuals, businesses, state and local governments, and other organizations. Awards are also given under a lifetime achievement category.
“People throughout New England apply themselves to finding solutions to environmental challenges, often without recognition,” said Robert W. Varney, regional administrator of EPA's New England office. “EPA New England’s annual Environmental Merit Awards let us honor people who deserve to be recognized.”
The awards have been given out annually since EPA was created in 1970. Past recipients have included scientists, community activists, business representatives, public officials and other individuals committed to preserving the environment. The deadline for nominations is Feb. 3, 2006. Nominations can be submitted by anybody, and individuals or organizations are allowed to submit self-nominations.
An independent EPA panel will select the winners based on the following criteria: long-term effects on the environment; ability to address an environmental problem or need; collaboration with others; ability of the program or accomplishments to be widely shared; clarity and effectiveness of the presentation; and promotion of innovative ideas or techniques.
The awards are given in four categories: individual; business, industry, trade, and professional organization; local, state or federal government; and environmental, community or non-profit organization. Awards winners will be invited to a ceremony this spring in Boston.
For nomination forms and more information on Environmental Merit Awards, see: http://www.epa.gov/ne/ra/ema/.
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The Arkansas Department of Environmental Quality (ADEQ) is proposing to revise the state Water Quality Management Plan (208 Plan) by adding three new wastewater dischargers to the plan, and increasing the design flow and changing the effluent limits for one current wastewater discharger. The ADEQ will accept written public comments on the proposals until February 1, 2006.
If no comments justifying a public hearing on the proposals are received during the comment period, the proposed revisions will be added to the Arkansas 208 Plan after final approval by the ADEQ Director and the Region 6 office of the EPA. If significant comments are received on any proposed change, that particular proposal will be withdrawn from consideration and either revised and resubmitted for written public comments, or a public hearing on the proposal may be scheduled.
The 208 Plan, developed by the ADEQ under provisions of Section 208 of the federal Clean Water Act, is a comprehensive program to work toward achieving federal water goals in Arkansas. The initial 208 Plan, adopted in 1979, provides for annual updates, but can be revised more often if necessary.
Proposed additions to the 208 Plan, their locations and streams which receive their wastewater discharges, include: Arkansas Water and Wastewater Management Co., doing business as Huntington Estates Subdivision, Faulkner County, Kaney Creek; Arkansas Water and Wastewater Management Co., doing business as Shadow Ridge Wastewater Treatment Facility, Faulkner County, East Fork of Cadron Creek; and Wattensaw Development, Lonoke County, Wattensaw Bayou.
The facility with a proposed new design flow and new effluent limits is the City of Rogers in Benton County, which discharges to Osage Creek.
Detailed copies and summaries of the proposals are available for public inspection at the ADEQ’s Building D, 8101 Interstate 30, Little Rock. Summaries and related information on the proposals are available for public inspection at ADEQ information depositories located in public libraries in Arkadelphia Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the University of Arkansas at Pine Bluff and the University of Central Arkansas at Conway; and in the Arkansas State Library located on the State Capitol grounds at Little Rock.
Written comments on the proposed changes will be considered if received no later than 4:30 p.m. February 1, 2006. Comments should be sent to Doug Szenher, public and media affairs manager, Arkansas Department of Environmental Quality, P.O. Box 8913, Little Rock, AR 72219-8913.
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The Washington State Department of Ecology (Ecology) has issued revised rules for regulating underground injection control wells. Injection wells are dug or drilled to put water or other fluids into the ground. In Washington state, most of these wells dispose of stormwater runoff or waste water. Examples include dry wells along roads and parking lots and septic systems that serve 20 or more people per day.
State law requires Ecology to regulate these wells to prevent pollution or contamination of ground water. This is an important safeguard because fluids going into an injection well can travel to ground water (water located under the ground surface), and the majority of Washington's water used for drinking comes from ground water sources. Contamination of ground water can result if an injection well is not properly located, constructed, operated, and maintained.
"Although the injection well rules apply to a small part of the regulated community, they are important because they help prevent pollution of water that can affect people and aquatic resources," said Dave Peeler, Ecology's water quality manager. "Maintaining this program at Ecology also helps us stretch limited public dollars more efficiently by coordinating this rule with other Ecology programs that regulate water quality.
- Ecology is revising the injection well regulations to meet EPA requirements. The primary changes in the injection well rule include:
- Adding federal program modifications, including definitions and well types.
- Allowing fluids from municipal, commercial, industrial and residential sources and storm water into injection wells if the requirements of the rule are met.
- Requiring owners of existing injection wells to review their current uses and determine if they protect groundwater quality. This includes identifying high-risk stormwater wells and retrofitting them if necessary.
- Explaining the requirements for closing an injection well and list what types of wells will automatically meet the groundwater protection requirement of the rule.
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Governor Rod R. Blagojevich unveiled a proposal that would cut mercury emissions from power plants by 90% by June 30, 2009. The state standards will reduce toxic mercury emissions faster and more thoroughly than new federal restrictions adopted last spring and will achieve the largest overall amount of mercury reduction of any state in the country. The rule will be submitted to the Illinois Pollution Control Board in February.
“Mercury emissions hurt the environment and can cause serious physical harm to children. The new federal mercury regulations don’t go far enough in protecting the public from what we know are very dangerous emissions. That’s why we are proposing much stronger regulations here in Illinois to make sure people can safely enjoy our air and water, and the fish from our rivers and lakes,” said Gov. Blagojevich.
Mercury can cause serious health problems to the human nervous system – pregnant women, women of childbearing age and children younger than 15 years of age are especially at risk. Developing fetuses can be exposed to mercury when a mother eats tainted fish and can suffer mental retardation, cerebral palsy, lower IQs, slow motor functions, deafness, blindness and other health problems. Recent studies indicate that as many as 10 percent of babies born each year in the United States are exposed to excessive mercury levels in the womb.
In the U.S., an estimated 43 percent of mercury emissions come from power plants, making them the largest man-made source of mercury emissions. The Illinois Environmental Protection Agency (IEPA) estimates that the state’s coal-fired power plants emit 3.5 tons of mercury into the air every year. Mercury becomes toxic when it enters lakes and streams from the atmosphere through rain and snow. People can become exposed to dangerous levels of mercury by eating fish from contaminated lakes and waterways.
The Illinois Fish Containment Monitoring Program issued “fish advisories” warning Illinois residents to limit the amount of fish they eat from Lake Michigan and all of Illinois’ inland lakes and waterways.
Mercury contamination is a nationwide problem. The EPA issued the Clean Air Mercury Rule on March 10, 2005, that required coal-fired power plants to reduce mercury emissions by 47 percent by 2010, and 79 percent by 2018. The proposed Illinois rules are significantly stronger, requiring a 90 percent emissions reduction by June 30, 2009, and prohibiting power plants from purchasing allowances, or trading emissions credits with other companies or states – practices that can lead to toxic “hot-spots” in areas where individual plants are able to get around emissions standards.
“The federal rules just don’t go far enough. Illinois’ approach is more stringent and effective in that it will require greater reductions, quicker reductions, and guarantee that the emissions are drastically reduced in Illinois,” said Doug Scott, Director of the IEPA.
“Under the Environmental Article of the Illinois Constitution, all of us have the duty to provide for a healthful environment for this and future generations,” said Lt. Gov. Pat Quinn. “[This] proposed rule to cut mercury emissions from power plants will dramatically improve Illinois' environment for this and future generations.”
Recognizing the varying age and condition of existing coal-fired power plants that produce energy in Illinois, the proposal would require that power plant operators must reduce emissions by an average of 90 percent across their entire fleet of plants by June 30, 2009. Each individual plant must achieve at least a 75 percent reduction by 2009, and 90 percent reduction by December 31, 2012. Illinois' fleet of coal burning power plants is the largest in the nation to be subject to such dramatic emission limits.
“If enacted, this proposal will not only protect the health of Illinois children, it will also set an example for America to follow in addressing a major public health problem,” said Jack Darin, Director of the Sierra Club, Illinois Chapter. “Mothers and women hoping to have children shouldn't have to worry that by eating fish and feeding it to their kids that they could be doing permanent damage to a child's brain. We hope Illinois power plants will heed Gov. Blagojevich's call to clean up their act and protect our children's health. The technology to protect our kids is available, affordable, and it’s time we put it on these smokestacks.”
The new emission standards are expected to provide economic benefits across the state. Construction jobs will be created as companies invest in pollution control equipment and installation for their coal-fired power plants. And as mercury levels drop, the state’s fishing industry may also see a boost because the fish will be safer to eat.
Illinois joins half-a-dozen other states that have, or are in the process of, developing emissions standards stricter than the federal guidelines: Connecticut, New Jersey, Massachusetts, Minnesota, North Carolina and Wisconsin.
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The Missouri Department of Natural Resources offers businesses the opportunity to submit both the facility and generator summary reports on-line. This includes the quarterly reporting required for Large Quantity Generators. It is a fast, safe way to submit your reports. See http://www.dnr.mo.gov/alpd/hwp/download.htm#summaryreports and don't forget to sign up for the department's electronic reporting reminder and updates available at http://www.dnr.mo.gov/env/hwp/hwp-fees/hwgr-reporting.htm. To fill out the summary report forms electronically you will need a personal identification number assigned to your business. If you do not have one, contact David Green at 1-800-361-4827 or 573-751-3176.
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OSHA is seeking public comments until Jan. 30, 2006, on a direct final rule to reinstate its original roll-over protective structures (ROPS) standards for the construction and agriculture industries that protect workers who operate wheel-type tractors. The text of the rule is available at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=11741. The agency conducted a thorough evaluation of the original ROPS standards and those implemented under a 1996 technical amendment that revised standards for testing of ROPS. OSHA is proposing to reinstate the original ROPS standards after identifying several substantive differences between national consensus standards and the original standards. See the Dec. 29, 2005, Federal Register notice at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=18478 for details on submitting comments.
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RECENTLY PROMULGATED FEDERAL REGULATIONS
Hazardous Materials/Waste
TSCA Inventory Update Reporting
Final rule of the EPA amends regulations under 40 CFR 710.43, 710.46, 710.48, 710.52, 710.53, and 710.57 to revise the TSCA Section 8(a) inventory update reporting (IUR) regulations. The rule extends the reporting cycle, modifies the timing of the submission period, clarifies the new partial exemption for specific chemicals of low current interest, and revises the petroleum refinery process streams partial exemption. The rule also updates the list of consumer and commercial product categories, revises the manner in which production volume would be reported, and restricts reporting of processing and use information to domestic processing and use activities only. In addition, the rule clarifies the polymer exemption definition and removes the requirement to determine confidentiality of production volume in ranges. The rule is effective Jan. 18, 2006.
List of Hazardous Air Pollutants/Methyl Ethyl Ketone
Final rule of the EPA adopts regulations under 40 CFR 63.61 to remove the compound methyl ethyl ketone (MEK) from the list of hazardous air pollutants under CAA Section 112(b)(1). The rule is issued in response to a petition by the Ketones Panel of the American Chemistry Council. The agency has determined that emissions, ambient concentrations, bioaccumulation, or deposition of MEK may not be reasonably anticipated to cause adverse human health or environmental effects. The rule is effective Dec. 19, 2005.
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RECENTLY PROMULGATED STATE REGULATIONS
Air
Indiana - SIP/Vigo County
Final rule of the EPA amends regulations under 40 CFR 52.777 and 81.315 to approve a request to redesignate Vigo County, Indiana, to attainment for the eight-hour ozone NAAQS. The rule also approves the 10-year maintenance plan for Vigo County as a revision to the Indiana SIP. In addition, the rule finds as adequate and approves the 2015 VOC and NOx motor vehicle emissions budgets for the area for transportation conformity purposes. The rule is effective Feb. 6, 2006.
Texas - General Air Quality Standards
Final rule of the Texas Commission on Environmental Quality amends regulations under 30 TAC 101.1 through .223 (nonconsecutive) regarding emissions events and scheduled maintenance, startup, and shutdown activities. The rule removes the expiration clause; revises and adds definitions; and revises notification and reporting requirements for emissions events and scheduled maintenance, startup, and shutdown activities. The rule also adds the concepts of unplanned and planned maintenance, startup, and shutdown activities and provides for an affirmative defense for certain emissions from planned maintenance, startup, and shutdown activities, which would be phased out according to an established permit application schedule, and replaced by enforcement discretion until there is final action on a permit. The rule is effective Jan. 5, 2006.
New Jersey - Small Emitter General Air Permit
Notice of the Department of Environmental Protection, Air Quality Permitting Program, announces an administrative change to air pollution control regulations under NJAC 7:27-8.8(c) to add a new general operating permit for a for a small emitter general air permit (GP-016), pursuant to NJAC 7:27-8.2(c)19. The permit allows for the construction, installation, reconstruction, modification, and operation of a source operation having a single emission point with an uncontrolled potential to emit less than the reporting threshold for all air contaminant emissions.
Delaware - Control of Stationary Generator Emissions
Final rule of the Department of Natural Resources and Environmental Control, Division of Air and Waste Management, adopts a new Regulation No. 1144 regarding the control of air emissions from both new and existing stationary generators. The rule establishes emission standards, operating requirements, fuel sulphur content limits, and recordkeeping requirements. A concurrent rule amends Regulation No. 1102 to clarify permitting requirements applicable to stationary generators. The rule is effective Jan. 11, 2006.
California - SIP/San Diego County
Final rule of the EPA amends regulations under 40 CFR 52.220 to approve a revision to the San Diego County Air Pollution Control District portion of the California SIP. The revision concerns the control of NOx emissions from stationary reciprocating internal combustion engines. The rule is effective Feb. 3, 2006.
Delaware - Stationary Generator Emissions/Permitting Requirements
Final rule of the Department of Natural Resources and Environmental Control, Division of Air and Waste Management, amends Regulation No. 1102 to clarify permitting requirements applicable to stationary generators of air emissions. A concurrent rule adopts a new Regulation No. 1144 regarding the control of air emissions from both new and existing stationary generators. The rule is effective Jan. 11, 2006.
Tennessee - SIP
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.2220 to approve revisions to the Tennessee SIP. The revisions concern the vehicle inspection and maintenance program in Nashville-Davidson County and the Nashville (Middle Tennessee) one-hour ozone maintenance plan. The rule is effective March 6, 2006, unless adverse comments are received by Feb. 2, 2006.
Virginia - SIP/Shenandoah National Park Area
Final rule of the EPA amends regulations under 40 CFR 52.2420 and 81.347 to approve a request to redesignate the Shenandoah National Park area in Virginia to attainment for the eight-hour ozone NAAQS. The rule also approves the 10-year maintenance plan for the area as a revision to the Virginia SIP. In addition, the rule approves the adequacy determination for the motor vehicle emissions budgets contained in the maintenance plan and approves those budgets. The rule is effective Feb. 2, 2006.
Florida - Air Pollution Control/General Provisions
Final rule of the Department of Environmental Protection, Division of Air Resource Management, amends regulations under FAC 62-204.800 to adopt by reference amendments to federal air pollution standards under 40 CFR 60, 61, 63, and 75, as of Sept. 22, 2005. The rule is effective Jan. 1, 2006.
Indiana - Delegation of MACT Standards
Notice of the EPA announces the approval of the delegation of authority to the state of Indiana for implementation and enforcement of numerous maximum achievable control technology standards under 40 CFR 63, pursuant to Section 112(l) of the Clean Air Act.
West Virginia - SIP
Final rule of the EPA amends regulations under 40 CFR 52.2522 to conditionally approve a revision to the West Virginia SIP regarding NOx emissions reductions required under the NOx SIP Call, Phase II. The revision consists of an emergency rule that meets West Virginia's remaining NOx emission reduction obligations. The approval is contingent upon the state's commitment to adopt a permanent rule with an effective date prior to the sunset date of the emergency rule and to submit that permanent rule to EPA as an SIP revision by July 1, 2006. The rule is effective Feb. 10, 2006.
Maine - Definitions/Air Emission Licensing
Final rule of the Department of Environmental Protection amends regulations under MAC Chapters 100, 115, and 140 regarding definitions, major and minor source air emission licenses, and Part 70 air emission licenses. The rule modifies definitions, including the volatile organic compound (VOC) definition, which will exempt five compounds from all VOC control. The rule also clarifies and simplifies requirements for air emission licenses, moves new source review requirements from Chapter 140 to Chapter 115, and reduces public notice requirements. The rule is effective Dec. 24, 2005.
Ohio - Nitrogen Oxide Emission Statements
Final rule of the Ohio EPA, Division of Air Pollution Control, rescinds and readopts regulations under OAC 3745-24-01, -02, -03, and -04 regarding nitrogen oxide emission statements to satisfy the five-year review requirement. The rule revises terms and updates provisions concerning applicability, deadlines for submission of emission statements, and emission statement requirements. The rule is effective Dec. 16, 2005.
Georgia - Air Quality Control/Permit Fee Manual
Final rule of the Department of Natural Resources, Division of Environmental Protection, amends regulations under GAC 391-3-1-.01, -.02, and -.03 regarding air quality control and the air quality permit fee manual. The rule updates the definition of volatile organic compound, clarifies language on certain fuel-burning equipment of specific sizes and construction dates, and updates the adoption date of the most recent amendments to the California exhaust emission standards and test procedures for 1985 and subsequent model-year heavy-duty engines and vehicles. The rule also requires heavy-duty vehicles to bear emission labels, mandates manufacturers to provide emission-level information upon request, and addresses prescribed burning and slash burning at federal facilities. In addition, the rule adds new permit exemptions for temporary boilers and electric generators that are used during periods of repair or maintenance, adds a permit exemption for units subject to the federal site remediation MACT standards for onsite or groundwater decontamination units, and requires facilities that are required to obtain offsets for new and modified stationary sources to provide documentation to the division that they have obtained sufficient offsets prior to startup of the new or modified stationary source. Finally, the rule incorporates by reference the permit fee manual for calendar year 2004, specifies a fee rate for calendar year 2004 permit emission fees, and clarifies the specific equipment covered by the permit-by-rule for onsite power generation and for hot mix asphalt plants. The rule is effective July 20, 2005.
Water
Texas - Water Saving Performance Standards
Final rule of the Texas Commission on Environmental Quality amends regulations under 30 TAC 290.251, .252, .253, and .256 regarding water saving performance standards. The rule adds definitions for ''ASTM (American Society for Testing and Materials)'' and ''commercial pre-rinse spray valve.'' The rule also sets forth performance standards for commercial pre-rinse spray valves and related fees. The rule is effective Jan. 5, 2006.
Hazardous Materials/Waste
Louisiana - Mercury-Containing Devices and Electronics/Universal Wastes
Final rule of the Department of Environmental Quality, Office of the Secretary, amends regulations under 33 LAC V.109 through .4911 (nonconsecutive) to classify mercury-containing devices and electronics, including cathode ray tubes (CRTs), as destined for recycling as universal wastes. The rule specifies that metallic mercury must be recovered, recycled, reused, or sequestered, and not incinerated, placed in a landfill, or released in any way. The rule also specifies that electronics, including CRTs, must be sent for dismantling and recovery of components, in a way that prevents releases into the environment. The rule is effective Dec. 20, 2005.
Arizona - Hazardous Waste Management
Final rule of the Department of Environmental Quality amends regulations under R18-8-260 through -271 (nonconsecutive) regarding hazardous waste management. The rule incorporates by reference federal standards under 40 CFR 260 through 273 as of Oct. 25, 2004. The rule is effective Feb. 4, 2006.
North Carolina - Hazardous Waste Management
Final rule of the Department of Environment and Natural Resources amends regulations under 15A NCAC 13A.0110 and .0112 regarding hazardous waste management. The rule requires a minimum of two feet of aisle space for any area of facility operation or potential emergency and adds provisions for land disposal. The rule is effective Nov. 1, 2005.
New Hampshire - Solid Waste Management Activities and Facilities
Final rule of the Department of Environmental Services renumbers regulations under NHAR Env-Wm 2100 through 3700 as NHAR Env-Sw 400 through 2000 regarding solid waste program standards. The rule establishes requirements for solid waste management activities and facilities. The rule is effective Oct. 28, 2005, and expires Oct. 28, 2013.
Health and Safety
North Carolina - Life Safety Standards
Final rule of the Department of Labor, Division of Occupational Safety and Health, repeals regulations under 13 NCAC 7F.0102 to delete the 1991 edition of the Life Safety Code to clarify the life safety standards that are applicable in the workplace. The rule is effective Dec. 1, 2005.
California - Cal/OSHA Extends Heat Rules to Protect Workers
The California Office of Administrative Law Dec. 20, 2005, extended an emergency regulation expiration date for heat illness prevention, the California Division of Occupational Safety and Health announced. The emergency regulation--first approved in August (35 OSHR 747, 8/18/05)--was due to expire on Dec. 21. The 120-day extension will allow workers to remain protected while the agency finalizes a permanent regulation, Cal/OSHA said. However, the rule is nearly complete and the agency is unlikely to need all 120 days to finalize it, Cal/OSHA Spokesman Dean Fryer told BNA Dec. 23.
Under the proposed regulation, employers would have to train supervisors and employees likely to be exposed to heat stress about how to prevent heat illness and the steps that should be taken if it occurs. The regulations also would restate existing law requiring that water be available at all times and ensuring that workers understand the importance of drinking water frequently; require employers to provide a
shaded area for any worker suffering from heat illness or needing shade to prevent the onset of illness; and direct the Cal/OSHA Standards Board to review, no later than Jan. 1, 2006, the feasibility of requiring employers to provide shaded areas for worker rest periods.
Washington - Fire Brigades
Final rule of the Department of Labor and Industries repeals regulations under WAC 296-24-58505 through -58517 (nonconsecutive); amends regulations under WAC 296-78-71011, -79-040, and -305-01003; and adopts regulations under a new Chapter WAC 296-811 to revise, clarify, and consolidate general occupational safety and health standards for fire brigades. The rule also updates references. The rule is effective March 1, 2006.
Oregon - General industry Standards
Final rule of the Department of Consumer and Business Services, Occupational Safety and Health Division, amends regulations under OAR 437-002-0005, -0100, -0260, -0280, and -0300 to incorporate by reference Sept. 13, 2005, amendments to OSHA standards. The rule updates standards on hazardous materials, general environmental controls, hand and portable powered tools, and sawmills. The rule also updates standards for temporary labor camps and welding, cutting, and brazing. The rule is effective Dec. 14, 2005.
California - General Industry/Compressed Gas Cylinder Storage
Final rule of the Department of Industrial Relations, Occupational Safety and Health Standards Board, amends general industry safety orders under 8 CCR 4650 regarding compressed gas (oxygen) cylinder storage. The rule clarifies that oxygen cylinders are to be separated from fuel gas cylinders or combustible materials by a minimum distance of 20 feet or by a noncombustible barrier at least five feet high, or a minimum of 18 inches above the tallest cylinder, and having a fire-resistance rating of at least one hour. The rule is effective Jan. 4, 2006.
Tennessee - Boiler Inspections
Final rule of the Department of Labor and Workforce Development, Division of Boiler and Elevator Inspection, amends regulations under RRT 0800-3-3-.01 through -.09 (nonconsecutive) regarding boiler inspections. The rule revises definitions and updates provisions concerning administration, general requirements, existing heating boilers, historic boilers, and fees. The rule is effective March 30, 2006, unless a hearing is requested by Jan. 14, 2006.
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Web Sightings
OSHA’s Process Safety Management of Highly Hazardous Chemicals Standard: What’s Covered?
This standard contains requirements for the safe management of hazards associated with processes using, storing, manufacturing, handling, or moving highly hazardous chemicals onsite. It emphasizes the management of hazards through an established comprehensive program that integrates technologies, procedures, and management practices.
OSHA’s Fact Sheet on this topic provides an overview of why this standard is necessary, what industries the rule covers, what the standard requires, and where you can learn more about the standard: http://www.osha.gov/OshDoc/data_General_Facts/highly-hazardous-chemicals-factsheet.pdf.
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Compliance Deadline
Its time to complete and sign your 2005 OSHA 300 Log summary. All employers covered by the Occupational Safety and Health Act of 1970 must complete the OSHA 300 Log for each calendar year. The 300A Summary form must be posted from February 1 to April 30 of the year following the year covered by the form.
Compliance Question of the Week
Are waste aerosol cans considered F-listed hazardous wastes?
Under the federal hazardous waste regulations, “spent” solvents are covered by the F001 – F005 listings at 40 CFR 261.31. To be considered “spent,” the chemical or mixture must have been used for its solvent properties according to the listing. Since the contents of a waste aerosol have normally not yet been used, the F-listings would not be applicable. Instead, you would need to determine if a U- or P-listing would apply to the waste (if the can contained a single active ingredient). Also, the contents of the can could display one or more of the characteristics of hazardous waste. If it contains a flammable propellant, it could be ignitable (D001) and reactive (D003). Moreover, any of the other characteristics could apply, depending on the contents of the can.
It would not be impossible for an aerosol can to be F-listed. For example, if the outside of the aerosol can were contaminated with a spent solvent on the F-list, the container could be considered as being contaminated by the waste and therefore due to the “mixture rule” it would be an F-list waste (see 40 CFR 261.3(a)(2)(iv), at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ca860a9cdacf88576b97f794bfd5800e&rgn=div8&view=text&node=40:25.0.1.1.2.1.1.3&idno=40).
The RCRA regulations for the identification and listing of hazardous waste are found at 40 CFR 261.
For compliance assistance, contact Kelly at krmurray@mactec.com or your local MACTEC office.
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MACTEC Project Wins Grand Conceptor Award
The former Lewiston Gas Works Site Remediation – Phase II Riverbank project has been awarded the American Council of Engineering Companies (ACEC) - Maine 2005 Grand Conceptor Award. Firms receiving this prestigious award are now eligible to participate in the national ACEC Engineering Excellence Awards competition. The award is shared with our client, Northern Utilities, who gave the MACTEC project team the opportunity to excel.
From Gas Plant to Gateway Park
This $3M Design/Bid/Build project at the former gas works site on the Androscoggin River in Lewiston, Maine began in March of 2004 and will be completed by the end of November, 2005. The project included demolition of the former manufactured gas plant meter house, riverbank stabilization of coal tar-impacted wood fiber waste, and construction of a 600-foot long dense non-aqueous phase liquid (DNAPL) recovery trench. Once the remedial actions on the riverside were completed, the riverbank area (approximately 2.5 acres) was converted into a landscaped public park with walking trails, river overlook area, and vehicle parking area constructed to the design prepared by MACTEC.
The project is the latest phase of MACTEC’s partnership process that began in 1997 with Northern Utilities and the Maine Department of Environmental Protection’s Voluntary Response Action Program. Throughout the process, MACTEC has provided Northern with an array of services that led to negotiating a closure strategy endorsed by the DEP and by the City of Lewiston for the 150-year old former MGP site. MACTEC has conducted site investigations and engineering feasibility studies, secured permits, produced detailed remedial designs, and performed construction oversight.
The City of Lewiston supports the project as an important step in the City’s Southern Gateway brownfields redevelopment project, and anticipates that the efforts will act as a catalyst to encourage redevelopment of 550,000 square feet in adjacent mill buildings. The Maine DEP has declared the project “a job well done” while noting that Northern has “acted responsibly and aggressively in making this project a success.”
Congratulations to the project staff responsible for the investigation, design, and construction oversight activities and to those who prepared the award proposal. This is a confirmation by our peers that the work we do is held in high regard.
Panel submitted to ACEC-Maine for award consideration.
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