Environmental, Health and Safety Compliance Newsletter
February 8, 2008
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. (90KB PDF)
In this issue
Inspector General
Says EPA Should Improve Plans for Responding to
Significant Incidents
The Environmental Protection Agency's emergency
response plan is insufficient to respond to
incidents of national significance, according to
an Office of Inspector General report released
Jan. 9.
The report called EPA's plan both a "noteworthy
step" and a "good beginning" to a planning
process that should continuously improve and
said EPA has made significant progress in
addressing its national approach to emergency
response.
But the inspector general said the plan does not
satisfy EPA's need for a framework to respond to
incidents of national significance. EPA's
initial effort is "too limited and unstructured
to prepare EPA for an effective response," the
report said.
"Assumptions are undocumented, response
requirements unsupported, and internal and
external coordination of response planning
minimal," the report said.
Consequently, it said, the plan may focus EPA's
preparation for emergency response on the wrong
asset allocations, leaving the agency
unprepared.
The plan provides a framework to address overall
readiness for five simultaneous incidents of
national significance while maintaining daily
emergency response and removal programs.
While EPA has a proven track record of
responding effectively to serious environmental
situations, those situations were limited in
scope and severity when compared with its
descriptions of incidents of national
significance, according to the inspector
general.
The report said EPA's plan does not incorporate
or reflect the significant resources that state
and local emergency response organizations
contribute to emergency events.
The report also said EPA did not state its
rationale for its goal of being ready for five
simultaneous incidents, nor why particular
scenarios were chosen. EPA's plan scenarios are
inconsistent with Department of Homeland
Security scenarios or other parts of its plan,
it said.
The agency also has not met some of its own
national response guidelines and documents
little coordination within other EPA offices and
other federal agencies.
Another shortfall is that the agency's identified
work plans do not explicitly address EPA's role or
responsibilities in deciding and communicating risks
faced by the public.
The inspector general recommended that EPA revise
its plan and improve its planning process. The plan
should include methods and assumptions used to
develop resource estimates, including the potential
availability of other federal, state, or local
resources.
EPA also should include information from existing
chemical inventory data and risk management plans
when planning for chemical incidents, such as
chlorine tank explosions, at the regional level.
The agency also should update plan milestones and
progress indicators, expand EPA coordination,
incorporate lessons learned from past incidents, and
define how its communication will inform the public
of risks in contaminated disaster areas, the report
added.
EPA concurred with the recommendations.
The agency developed the plan in 2006 and the OIG
evaluated a draft version.
Since then, the report said, EPA has made
significant progress. According to the agency's
Office of Emergency Management, that office has
established a steering committee to provide
oversight and leadership to workgroups, developed an
incident management handbook, developed and
delivered a training course, and developed an
information technology strategy.
This strategy will link prevention and preparedness
data to actual field response data. A portal, which
the report called "central to the strategy's
implementation," is currently under development and
scheduled for completion by the end of 2009.
The Office of Inspector General's report, EPA Should
Continue to Improve its National Emergency Response
Planning (Report No. 08-P-0055), is available at
http://www.epa.gov/oig/reports/2008/20080109-08-P-0055.pdf.
<Top>
EPA Rule Covers
CRT Recycling In and Out of the U.S.
Recycled televisions and computer monitors,
known as CRTs, often end up in another country
as unusable and broken. That can be a problem
because Cathode Ray Tubes (CRTs) contain
hazardous materials such as lead, cadmium and
mercury. And the U.S. Environmental Protection
Agency wants to make sure that the
destination-country is aware that the recycled
materials are on their way.
January 29 was the one-year anniversary of the
Cathode Ray Tube Rule in the U.S., which is
intended to encourage recycling and reuse of
CRTs and CRT glass. The rule requires that
recyclers notify EPA headquarters in Washington,
D.C. when they plan to export used and broken
CRTs. EPA will then notify the receiving country
of the shipment. However, if the CRTs are
intact, instead of broken, and destined for
reuse, the recycler must send a one-time
notification to EPA before exportation. In this
case, there is no requirement to notify the
receiving country.
The exporter must keep copies of the normal
business records of these exports for three
years. Persons and businesses that fail to meet
one or more of the conditions of the CRT Rule
may be subject to enforcement action under the
Resource Conservation and Recovery Act (RCRA).
But the CRT Rule also covers recycling in the
U.S. In many cases the recycler will disassemble
the CRTs for its glass, lead or plastic
components. The rule exempts CRTs from all
hazardous waste requirements, if the recycler
complies with certain conditions for packaging,
labeling and storage. So, in general, the CRT
Rule makes it easier to recycle CRTs than if the
CRTs had to be handled as hazardous waste.
The rule does not affect households or
non-residential generators of less than 100
kilograms (about 220 pounds) of hazardous waste
in a calendar month.
By implementing the CRT Rule, EPA has encouraged
the recycling of used CRTs and CRT glass, which
is more beneficial to the environment than
disposal. Through the CRT Rule, EPA is
streamlining hazardous waste management
requirements for CRT tubes and glass.
The proper recycling of CRTs preserves landfill
space, saves energy and conserves resources,
allows the recovered glass to be reused in other
ways, and reduces the amount of leaded glass in
landfills. The lower energy consumption achieved
through CRT recycling also lowers the emission
of GreenHouse Gases (GHGs) into the atmosphere,
a major contributor to global warming.
Televisions and computer monitors represent the
bulk of the universe of CRTs. While the precise
number of CRTs is not known, there are millions
of CRTs entering the waste stream each year. In
2005, approximately 80 to 85 percent of
discarded CRTs ended up in landfills. Because
CRTs contain on average four pounds of lead, in
addition to other toxic materials such as
brominated flame retardants, cadmium, mercury,
and arsenic, proper recycling of CRTs avoids the
possible release of these toxics into the
environment.
The CRT Rule can be found in the U.S. Code of
Federal Regulations (CFR) at 40 CFR Part 261 and
can be viewed in its entirety at
http://www.epa.gov/fedrgstr/EPA-WASTE/2006/July/Day-28/f6490.htm.
For more information about electronics and where
to recycle, visit the EPA website at
http://www.epa.gov/reg3wcmd/eCycling/index.htm.
<Top>
EPA's FY 2009
Budget Focuses on Next Phase of Environmental
Progress
Building on 37 years of progress in protecting
human health and the environment, EPA
Administrator Stephen L. Johnson recently
released his agency's $7.14 billion fiscal year
2009 budget.
"President Bush's budget request will continue
to deliver environmental results today, as well
as keep EPA on course to deliver a cleaner,
healthier tomorrow," said EPA Administrator
Stephen L. Johnson. "This budget represents
government at its best – it helps EPA meet our
environmental goals, while being responsible
stewards of taxpayers' dollars."
Specifically the budget proposes to strengthen
EPA's efforts in Energy and Homeland Security,
urban areas around our major ports,
nanotechnology research targets and recognizes
the challenge of managing in a time of tight
fiscal constraints.
In Energy, the budget proposes an additional $14
million to meet the increased permitting and
environmental review responsibilities that have
come with the upsurge in proposed energy
projects in response to higher energy prices.
The additional funding will provide more workers
with the required technical expertise, and
grants will provide money for our state partners
to increase their capacity to review and assess
proposed projects.
To promote energy efficiency and meet the
mandates of energy legislation, EPA proposes
$49.2 million for Clean Diesel grants. $15
million of these grants will be specifically
targeted to support EPA's Sustainable Ports
Initiative, which recognizes that the forecasted
tripling of container cargo in the next 12 years
presents a major opportunity to make sure that
the new infrastructure is built to be as
energy-efficient as possible.
EPA also continues to recognize our
responsibilities to protect against terrorist
attacks and natural disasters. For FY 2009, EPA
proposes to add $32 million above the FY 08 Enacted
level for a total investment of $170 million to
expand our emergency teams' capability to address
more than one simultaneous event, and improve our
water infrastructure security.
The proposed 2009 spending plan proposes the largest
enforcement budget ever: an increase of $9 million
for a total budget of $563 million. This includes
the largest criminal enforcement budget ever: an
increase of $2.4 million for a total of $52 million.
For water programs, the FY 2009 budget meets the
president's commitment for funding State Revolving
Fund grants with a request of $555.5 million for
clean water grants and $842.2 million for drinking
water grants. Several sustainable infrastructure
initiatives are included: targeting Energy Star
saving technologies to help reduce the $4 billion
annually that water utilities spend on energy costs,
supporting a multi-year research program to foster
innovation in distribution and collection systems
and propose private activity bonds to provide
another mechanism for water project financing.
EPA is continuing to build on the success of its
Brownfields program, which encourages the clean-up
and redevelopment of America's abandoned and
contaminated waste sites. Since 1995, the program
has leveraged more than $10.3 billion in public and
private investment, assessed the renovation of
11,500 properties and helped create leverage for
more than 47,000 jobs.
To improve air quality, the President's Budget
includes:
- $186 million for state and local air grants;
- $98 million for EPA's climate change programs to
build upon partnership efforts to achieve reductions
in US greenhouse gas emissions and contribute to the
president's plan to reduce greenhouse gas intensity
by 18 percent by 2012;
- $44 million for Energy Star programs for the
commercial, residential and industrial sectors to
continue voluntary government/industry partnership
programs designed to capitalize on the opportunities
that consumers, businesses, and organizations have
for making sound investments in efficient equipment,
policies and practices;
- $5 million for the Asia Pacific Partnership to
support international efforts to reduce greenhouse
gas emissions; and
- $4.4 million for Methane to Markets to promote
methane recovery and use at landfills, coal mines
and natural gas facilities.
As a scientist, the administrator was particularly
proud of the targeted research proposals, including:
- An additional $4.5 million for a total of $14.9
million for nanotechnology research to better
understand the processes that govern the
environmental fate of nano-materials and to capture
the data needed for accurate nano-material
assessments;
- $16 million for global climate change research;
and
- $9 million for integrated risk information
systems.
EPA is also proud to work with other federal
agencies and invest $3 million to help build an
International Trade Data System to track imported
goods and their environmental impacts.
For Superfund the budget requests an increase of
$10.2 million for a total of $1,264 million.
More information on the President's FY 2009 budget
request for EPA:
http://www.epa.gov/ocfo/budget/index.htm.
<Top>
EPA Releases
Draft Guidance for Drinking Water Regulations
EPA is releasing draft guidance to help public
water systems and states understand and
implement recent drinking water regulations. The
2006 Stage 2 Disinfection Byproducts (DBP) Rule
will help to protect public health by reducing
exposure to contaminants that can result from
the disinfection process needed to inactivate
microbial pathogens. The rule extends protection
to consecutive water systems (those that receive
water from another public water system) and,
under certain conditions, requires public water
systems to evaluate their source, treatment, and
distribution system operations to understand
potential causes of elevated DBP monitoring
results. The Consecutive Systems Guidance Manual
and Operational Evaluation Guidance Manuals are
intended to assist public water systems to
comply with these provisions of the regulation.
In 2006, EPA also released the Ground Water Rule
(GWR), which extends protection from microbial
pathogens to consumers served by systems using
ground water as a source of drinking water.
States are required to conduct sanitary surveys
that look at the critical components of these
public water systems to ensure that there are no
deficiencies that could result in threats to
public health, and take action when problems are
identified. The GWR Sanitary Survey Guidance
briefly reviews the sanitary survey regulatory
provisions, describes the elements that should
be evaluated during the course of a sanitary
survey, and gives specific examples of what
constitutes a significant deficiency.
The draft guidance documents are being made
available to allow for public comment before
they are finalized. The documents supporting the
Stage 2 DBP Rule are available at
http://www.epa.gov/safewater/disinfection/stage2/compliance.html
and the GWR guidance is available at
http://www.epa.gov/safewater/disinfection/gwr/compliancehelp.html.
<Top>
FDA Warns Public of Contaminated Syringes
Researchers at the National Institute of Environmental Health Sciences, along with scientists from University of North Carolina at Chapel Hill and the U.S. Environmental Protection Agency analyzed previously-collected data on young, healthy, non-smoking men and women to see if they could answer that question. Their study provided the first evidence that people with a higher body mass index may have a greater response to ozone than leaner people.
A new study provides the first evidence that people
with higher body mass index (BMI)
may have a greater response to ozone than leaner people. Short-term exposure to atmospheric ozone has long been known to cause a temporary drop in lung function in many people. This is the first study in humans to look at whether body weight influenced how much lung function falls after acute ozone exposure. Ozone is formed in the atmosphere in the presence of sunlight from other pollutants emitted from vehicles and other sources. Exposure occurs when people inhale air containing ozone.
Researchers at the National Institute of Environmental Health Sciences (NIEHS), part of the National Institutes of Health, the University of North Carolina (UNC) at Chapel Hill, and the U.S. Environmental Protection Agency (EPA) analyzed data on young (18–35 years), healthy, non-smoking men and women to see if BMI - a measure of the amount of fat a person has - had an effect on lung response to acute ozone exposure. The study published this month in the journal Inhalation Toxicology found that ozone response was greater with increasing BMI.
"It has been known for a long time that in response to short-term exposure to ozone lung function tends to temporarily drop in many people. There has recently been interest in why some people's lung function drops more than others - - age and perhaps genetics, as well as diet may play a role, " said NIEHS researcher and co-author Stephanie London, M.D. "We were intrigued by recent mouse studies that showed that obesity increases lung responses to ozone and wanted to see whether this applied in humans."
To examine the question of whether higher body mass index influences ozone responses in humans, the investigators took advantage of an earlier study led by
<Top>
Pet Turtles to
Blame in Cases of Salmonella Infection
According to U.S. Health Officials with the
Centers for Disease Control and Prevention,
small pet turtles were to blame for 103 cases of
Salmonella infection in the second half of last
year. These cases of Salmonella infection
occurred mostly in young children, and health
officials added that the true number of
infections with the potentially fatal bacteria
is undoubtedly much higher. According to the
U.S. Centers for Disease Control and Prevention
(CDC), no deaths have been reported, but the
infections have led to the hospitalization of
dozens of children. Even with the sale of small
turtles being banned in the United States in
1975, the number of these reptiles being
purchased for children has been increasing.
“This is a larger number of cases than we would
usually see,” said Julie Harris, a CDC Epidemic
Intelligence Service Officer. “We haven’t
documented such a large number of cases before
associated with turtle exposure.” The number of
turtles owned by Americans has almost doubled in
the last five years to more than 2 million,
Harris said. This, despite the fact that “there
is a ban on the sale of turtles that are under 4
inches in length,” she said. The 103 cases that
Harris and colleagues reported in the Jan. 25,
2008, issue of the CDC’s Morbidity and Mortality
Weekly Report represent just a fraction of the
total number of salmonella infections from pet
turtles, she said. According to the report,
cases were reported in all but 15 states, with
most cases occurring in California, Illinois,
Pennsylvania, and Texas. Two of the infected
children included a 13-year-old girl and a
15-year-old girl who became stricken after
swimming in an unchlorinated in-ground pool
owned by the family of the older girl. Two pet
turtles, purchased at a South Carolina pet store
and owned by the family of the older teen, were
allowed to swim in the pool, the CDC reported.
Harris said many people aren’t aware of the risk
of Salmonella infections from pet turtles. “Only
20% of these cases [in the report] said they
were aware there was a connection between
Salmonella infection and reptile exposure,” she
said. Up to 90% of turtles carry Salmonella,
Harris said. “This is a very serious infection,
especially for small children.” The infection is
spread from contact with the turtles, but the
contact doesn’t have to be direct, Harris said.
“We have one case where a baby was bathed in a
sink that turtle waste was disposed in,” she
said. In some cases, the children put the turtle
in their mouth. In other cases, children became
sick from just living in the same house with a
turtle or other infected family members.
Salmonella can live on surfaces for weeks,
Harris noted. Adults can get sick from
Salmonella, but children get much sicker and
some can die. “Small children should not be
allowed to come into contact with turtles, the
outcome is too dangerous and the risk is too
high,” she said. Gastrointestinal symptoms such
as vomiting and diarrhea, caused by the
bacteria, typically begin 12 to 36 hours after
exposure and generally last for two to seven
days.
According to the CDC, Salmonella infection
remains a major public health problem in the
United States. Each year, 1.4 million cases are
reported, an estimated 15,000 people are
hospitalized, and 400 Americans die. Reptiles
and amphibians, including turtles, account for
about 6% of all Salmonella cases and 11% of
cases for those under 21.
One infectious-disease expert strongly advised
parents not to buy these turtles as pets for
their children. “This is a problem that has been
with us for more than 40 years,” said Dr. Pascal
James Imperato, the distinguished service
professor and chair of the department of
preventive medicine and community health and
director of the master of public health program
at the State University of New York Downstate
Medical Center in New York City. “Children tend
to handle these turtles a great deal,” Imperato
said. “Their fingers come into contact with all
the material on the turtle and in the water.
Then there is finger-to-mouth contact, and they
acquire the infection.”
Imperato said that to protect themselves, people
who handle these turtles should wash their hands
after touching the animals. But
Salmonella-contaminated water can be splashed
onto surfaces and cause the germ to spread.
Also, most people aren’t likely to wash their
hands thoroughly after they have handled a
turtle or come into contact with contaminated
objects or water, he said. “The best strategy is
not to purchase these turtles,” Imperato said.
<Top>
ACGIH Board
Ratifies 2008 TLVs and BEIs
ACGIH announced recently that its Board of
Directors ratified the 2008 Threshold Limit
Values (TLVs) for Chemical Substances and
Physical Agents and Biological Exposure Indices
(BEIs). The Board also approved recommendations
for additions to the Notice of Intended Changes
(NIC).
A listing of the substances that were acted upon
is available online at
http://www.acgih.org/resources/press/TLV2008list.htm.
TLVs and BEIs are guidelines to be used by
professionals trained in the practice of
industrial hygiene. The TLVs and BEIs are not
designed to be used as standards. The TLVs and
BEIs are health-based values established by
committees that review existing published and
peer-reviewed literature in various scientific
disciplines. Based on the available information,
ACGIH formulates a conclusion on what level of
exposure the typical worker can experience
without adverse health effects. There is no
consideration given to economic or technical
feasibility.
The Notice of Intended Changes (NIC) is
comprised of those substances and physical
agents for which a limit/BEI is proposed for the
first time, for which a change in the Adopted
value/index is proposed, for which retention as
an NIC is proposed, or for which withdrawal of
the Documentation and adopted TLV/BEI is
proposed. In each case, the proposals should be
considered trial values during the period they
are on the NIC. These proposals were ratified by
the ACGIH Board of Directors and will remain on
the NIC for approximately one year following
this ratification. If during the year, the
Committee neither finds nor receives any
substantive data that change its scientific
opinion regarding an NIC TLV/BEI, the Committee
may then approve its recommendation to the ACGIH
Board of Directors for adoption. If the
Committee finds or receives substantive data
that change its scientific opinion regarding an
NIC TLV/BEI, the Committee may change its
recommendation to the ACGIH Board of Directors
for the matter to be either retained or
withdrawn from the NIC.
The NIC list is available online at
http://www.acgih.org/tlv/NIClist.htm.
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OSHA
Establishes a New National Emphasis Program on
Silica
The U.S. Department of Labor's Occupational
Safety and Health Administration (OSHA) recently
announced a new National Emphasis Program (NEP)
to target worksites where employees are at risk
for developing silicosis:
http://www.osha.gov/OshDoc/Directive_pdf/CPL_03-00-007.pdf.
"Exposure to silica threatens nearly two million
American employees annually," said Assistant
Secretary of Labor for OSHA Edwin G. Foulke, Jr.
"Under this program, OSHA will work diligently
to maximize the protection of employees and
eliminate workplace exposures to silica-related
hazards."
The NEP compliance directive builds on policies
and procedures instituted in the 1996 Special
Emphasis Program and includes an updated list of
industries commonly known to have overexposures to
silica; detailed information on potential hazards
linked to silica and about current research
regarding silica exposure hazards; guidance on
calculating the Permissible Exposure Limits (PELs)
for dust containing respirable crystalline silica in
the construction and maritime industries; and
guidance on conducting silica-related inspections.
Two additional elements included in the directive
are an evaluation procedure for recording reductions
of employee exposures to silica, as well as
information on outreach programs, partnerships and
alliances with employers to share resources and
training to reduce employee exposures.
Silicosis is a disabling, nonreversible and
sometimes fatal lung disease caused by breathing in
a large amount of crystalline silica. Visit
www.osha.gov for more information on hazard
recognition and possible solutions to silica
exposure.
<Top>
OSHA Reminds
Employers to Post Injury/Illness Summaries
Beginning Feb. 1, 2008
The Occupational Safety and Health
Administration reminded employers that beginning
Feb. 1, 2008, they must post a summary of the
total number of job-related injuries and
illnesses that occurred during 2007. Employers
are required to post OSHA Form 300A (summary).
The 2007 summary must be posted from Feb. 1 to
April 30, 2008.
"The OSHA 300 logs provide employers and
employees a broad view of where injuries and
illnesses are occurring at their worksites,"
stated Assistant Secretary of Labor for OSHA
Edwin G. Foulke, Jr. "Identifying and posting
injury and illness information provides
employers and employees with useful information
to help ensure a more safe and healthful
workplace."
The summary must include the total number of
job-related injuries and illnesses that occurred
in 2007 and were logged on the OSHA Form 300. To
assist in calculating incidence rates,
information about the annual average number of
employees and total hours worked during the
calendar year is also required. If a company
recorded no injuries or illnesses in 2007, the
employer must enter "zero" on the total line.
The form must be signed and certified by a
company executive. Form 300A should be displayed
in a common area where notices to employees are
usually posted.
Employers with 10 or fewer employees and
employers in certain industries are normally
exempt from federal OSHA injury and illness
recordkeeping and posting requirements. A
complete list of exempt industries in the
retail, services, finance, insurance and real
estate sectors is posted on the OSHA Web site.
The Department of Labor's Bureau of Labor
Statistics may still select exempted employers
to participate in an annual statistical survey.
All employers covered by OSHA need to comply
with safety and health standards. All accidents
that result in one or more fatalities or in the
hospitalization of three or more employees must
be reported verbally within eight hours to the
nearest OSHA office.
Copies of OSHA Forms 300 and 300A are available
on the OSHA Recordkeeping Web page in either
Adobe PDF or Microsoft Excel Spreadsheet format:
http://www.osha.gov/recordkeeping/index.html.
<Top>
OSHA Issues
Enforcement Procedures Directive for New
Hexavalent Chromium Standards
The U.S. Department of Labor's Occupational
Safety and Health Administration (OSHA) has
issued a new compliance directive for
occupational exposure to hexavalent chromium (Cr(VI)).
The directive, OSHA Instruction CPL 02-02-074,
Inspection Procedures for the Chromium (VI)
Standards, was effective January 24, 2008. The
Cr(VI) standards were originally published in
the Feb. 28, 2006, Federal Register. The
document is available online at
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=3789.
"This new directive provides guidance for
enforcement of the final rule on hexavalent
chromium standards," stated Assistant Secretary
of Labor for OSHA Edwin G. Foulke, Jr. "OSHA
anticipates these efforts will reduce the risks
of exposure to Cr(VI), thereby improving the
safety and health of employees affected by this
hazard."
The standards became effective on May 30, 2006.
Employers with 20 or more employees were given
six months from the effective date to comply
with most of the provisions. Employers with less
than 20 employees were allowed 12 months from
the effective date to come into compliance with
most of the provisions. All employers were given
four years from the effective date to install
feasible engineering controls.
The Cr(VI) standards are applicable to general
industry, construction and shipyards (Sections
29 CFR 1910.1026, 29 CFR 1926.1126 and 29 CFR
1915.1026, respectively). Highlights of the new
Cr(VI) directive include procedures for
reviewing an employer's air sampling records to
determine exposure levels; guidance on how
employers can implement effective engineering
and work practice controls to reduce and
maintain exposure below approved permissible
exposure limits; requirements for employers to
provide hygiene areas to minimize employees'
exposure to Cr(VI); guidelines requiring
employers to maintain exposure and medical
surveillance records; and a requirement that
CSHOs evaluate portland cement wherever it is
being used.
The standards lower the permissible exposure
limit for hexavalent chromium to 5 micrograms of
Cr(VI) per cubic meter of air as an 8-hour
time-weighted average. Hexavalent chromium
compounds are regularly used in the chemical
industry in pigments, metal plating and chemical
synthesis. Significant health effects associated
with exposure to Cr(VI) are lung cancer, nasal
septum ulcerations and perforations, skin
ulcerations, and allergic and irritant contact
dermatitis.
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RECENTLY PROMULGATED FEDERAL REGULATIONS
NONE THIS PERIOD
<Top>
RECENTLY PROMULGATED STATE REGULATIONS
Hazardous Materials/Waste
Louisiana - Hazardous Waste and Hazardous
Materials
Final rule of the Department of Environmental
Quality, Office of the Secretary, amends
regulations under 33 LAC I.3931 through XI.707
(nonconsecutive) to revise terms and update
provisions regarding notification of
unauthorized discharges, control of emission of
organic compounds and nitrogen oxides, and
hazardous waste and hazardous materials. The
rule also makes editorial corrections, deletes
outdated or redundant language, and updates
contact information. The rule is effective Jan.
20, 2008. Contact: Judith Schuerman; DEQ, Legal
Affairs Division; (225-219-3550).
Colorado - Identification and Listing of
Hazardous Waste
Proposed rule of the Department of Public Health and
Environment, Hazardous Materials and Waste
Management Division, would amend regulations under 6
CCR 1007-3, Section 261.5, to revise special
requirements for conditionally exempt small-quantity
generators of hazardous waste. The proposal would
require such generators to maintain and operate
their facilities in a manner to minimize the
possibility of a release. A hearing is scheduled for
Feb. 19, 2008, in Denver. A comment due date is not
specified. Contact: Laurie Perila; DPHE, Solid and
Hazardous Waste Commission; (303-692-3467).
Solid Waste
New Jersey - State Will Recycle Electronic Waste
Through Funds From Manufacturers' Fees
New Jersey Gov. Jon S. Corzine (D) Jan. 13 signed
legislation (A. 3572) that establishes a state
program for recycling televisions and computers but
said he had asked the bill sponsors to work with
state environmental regulators to address technical
concerns with the bill.
The Electronic Waste Recycling Act, which was
effective upon enactment, bans the disposal of
desktop or personal computers, computer monitors,
portable computers, and televisions as solid waste
in New Jersey after Jan. 1, 2010.
The measure includes a variety of provisions aimed
at making electronics recycling simple and
convenient for consumers.
Occupational Health and
Safety
Wyoming - General Safety Standards/Practice and
Procedure
Proposed rule of the Department of Employment,
Workers' Safety and Compensation Division, would
amend general safety standards under Chapters 6 and
19 and practice and procedure standards under
Chapter 7. The proposal would incorporate by
reference federal standards regarding electrical
standards. The proposal also would revise standards
regarding powered platforms, manlifts, and
vehicle-mounted work platforms. In addition, the
proposal would revise provisions concerning
discrimination complaints to clarify that an
employer cannot discharge or discriminate against an
employee for reporting a work-related injury or
illness. A hearing is scheduled for Sept. 21, 2007,
in Cheyenne. Comments are due Sept. 20, 2007.
Contact: J.D. Danni; Department of Employment,
Workers' Safety and Compensation Division;
(307-777-7700).
<Top>
Web Sightings
Guidebook to Help Water Utilities Improve
Energy Management
EPA and its water and wastewater partners
are learning more and doing more to confront
serious challenges related to rising energy
costs. A new guidance, Ensuring a Sustainable
Future: An Energy Management Guidebook for
Wastewater and Water Utilities, will help
utilities systematically assess their current
energy costs and practices, set measurable
performance improvement goals, and monitor and
measure their progress over time.
Steadily rising energy costs and associated
environmental effects have made energy use one
of the most pressing challenges facing water
utilities. Energy management is also at the
heart of efforts across the industry to ensure
that water and wastewater systems are operated
in a sustainable way.
The guidance follows the successful
Plan-Do-Check-Act methodology embodied in
environmental management systems and other
utility management tools. It was developed with
the help of utilities that are successfully
confronting their own energy challenges using
this approach. It will serve as a step-by-step
guide to help utilities systematically manage
their energy programs over time.
For an electronic copy of the handbook:
http://www.epa.gov/waterinfrastructure/bettermanagement_energy.html.
Municipal Wastewater Technology Fact Sheets
EPA has developed four new fact sheets for
innovative municipal wastewater technologies. These
fact sheets are part of a continuing effort by the
Office of Water to provide municipal utilities and
state regulators with general technical and cost
information on a variety of innovative or
cost-effective technologies and best management
practices. The new fact sheets are entitled:
"Denitrifying Filters" (EPA 832-F-07-014), "Side
Stream Nutrient Removal" (EPA 832-F-07-017),
"In-Plant Wet Weather Peak Flow Management" (EPA
832-F-07016), and "Membrane Bioreactors" (EPA
832-F-07-015). These fact sheets, along with other
previous municipal wastewater technology fact sheets
on Combined Sewer Overflow Treatment, Biosolids
Management, Wastewater Treatment, Storm Water
Management, Decentralized Wastewater Systems,
Collection Systems Rehabilitation and Replacement,
and Energy Conservation and Green Power Generation
can be viewed on the EPA web site at
http://www.epa.gov/owm/mtb/mtbfact.htm.
Two New OSHA Whistleblower Fact Sheets
Available
Employees in the environmental and aviation
industries will benefit from two new OSHA
Whistleblower Protection fact sheets. Individuals
who report violations of environmental laws related
to asbestos; air
emissions; hazardous and solid waste cleanup and
disposal; discharges of pollutants in U.S. waters;
and control of toxic chemicals are protected from
employer retaliation. Air carrier employees,
contractors and subcontractors are also protected
from retaliation for reporting violations of federal
laws associated with aviation safety. Visit OSHA’s
Whistleblower Protection Program Web page,
http://www.osha.gov/dep/oia/whistleblower/index.html
to download these and other whistleblower
publications.
Greenhouse Gas Verification Protocol Released
The Climate Registry has released its Draft General
Verification Protocol (GVP) for public comment. The
Draft GVP is the companion document to the
Registry's Draft General Reporting Protocol (GRP).
It provides detailed guidance on the verification
process and specific verification activities. The
document also includes a preliminary outline of the
Registry's accreditation process for verifiers. The
Registry will develop the accreditation process in
more detail in the coming months and will publish a
Guide to Accreditation to accompany the Final GVP
later this spring. The draft document is available
online at
http://rs6.net/tn.jsp?e=001YO8uQVRJnSQ9ksBPZ1dl5qaVQihYu693QdmkuhxbLM4XnBCaUqr_ue_FZ-XTYFw95CA7hKcBhSv0flNHdwyhS5Dvi4DTLu6XHsD0__mvrSoD4OSBc6CeVVDZxs9U1qOJTk_h_Z-94DAvJODNHfAN0u6BppYS2ocfHy4Q0AkSOBo9cGzl1zC4_g==.
<Top>
Ask an Expert
Maria Amigo, EHS
Compliance/Risk Management, MACTEC’s
Jacksonville, Florida Office
If the Material Safety Data Sheet (MSDS)
and label for a particular liquid hazardous
chemical does not indicate the weight of the
substance, how should the facility owner or
operator make threshold and applicability
determinations for EPCRA §312 (Tier II)
Reporting?
If a liquid is not labeled in pounds, its weight
can be calculated by multiplying the liquid’s volume
by its density. The density (mass per unit volume)
should be noted on the MSDS in the physical and
chemical properties section. If the liquid’s density
is not indicated on the MSDS, the facility owner or
operator may estimate the weight based on the
density of water (8.3 pounds per gallon, or 2.2
pounds per liter), when making EPCRA§312 threshold
determinations.
For compliance assistance, contact Sarah-Jane at SROBrien@mactec.com, or contact your local MACTEC office.
<Top>
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3901 Carmichael Avenue, Jacksonville, FL 32207
Phone 904.396.5173
krmurray@mactec.com
www.mactec.com
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