Environmental, Health and Safety Compliance Newsletter
March 24 , 2006 - Volume 4, Number 2
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. (253kb PDF)
In this issue
The EPA unveiled the National Challenge Commitment for Priority Chemicals, a collaborative initiative to shrink industrial use of 31 priority chemicals. The challenge commitment seeks a 10% decrease in the use of one or more of the chemicals over three years at government and industrial facilities throughout the country.
"I encourage companies to accept this challenge," said Susan Bodine, assistant administrator of the Office of Solid Waste and Emergency Response. "Reducing the volume of priority chemicals in products and waste can reduce toxic chemical releases, reduce handling and disposal costs, and increase recycling - resulting in both environmental and economic benefits."
The national challenge is sponsored by two EPA programs, the National Partnership for Environmental Priorities (http://www.epa.gov/epaoswer/osw/conserve/priorities/chemical.htm) and the National Environmental Performance Track (http://www.epa.gov/performancetrack/). Becoming an environmental priorities partner and implementing the challenge commitment can be the first step for companies to become full Performance Track members.
The National Partnership for Environmental Priorities is a voluntary program that encourages government and private industry to reduce the use of priority chemicals in products and waste. Priority chemicals are chemicals that are persistent in the environment; accumulate in living organisms, and toxic if released. Since 2002, environmental priorities partners have removed more than 800,000 pounds of priority chemicals from the environment and have commitments to remove an additional 2 million pounds.
Performance Track is a voluntary program that recognizes facilities for their commitment to effective environmental management, sustained record of compliance, commitment to measurable goals, and transparency to the public. Performance Track members set goals in different categories, including material use, energy use, or air emissions.
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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Toxic fumes from gasoline, vehicles and gas containers would drop significantly and further reduce health risks under proposed new emissions standards announced by EPA Administrator Stephen L. Johnson. By 2030 EPA's proposed Mobile Source Air Toxic (MSAT) regulations and fuel and vehicle standards already in place will reduce toxic emissions from passenger vehicles to 80% below 1999 emissions.
"America has a history of loving its cars," said EPA Administrator Stephen L. Johnson. "By cleaning up our fuels and vehicle exhaust, EPA is paving the road toward a cleaner environment and healthier drivers."
The MSAT proposal would set new benzene standards for gasoline, hydrocarbon emissions standards for passenger vehicles at cold temperatures and evaporative standards for fuel containers. Once the new standards are fully implemented in 2030, they are expected to reduce emissions of mobile source air toxics annually by 350,000 tons, including 65,000 tons of benzene. The estimated annual cost for the entire proposal would be $205 million. EPA estimates annual health benefits from the particulate matter reductions of the vehicle standards to total $6 billion in 2030.
The action would also harmonize federal and California evaporative emission standards for light duty vehicles.
The proposed MSAT standards would take effect in 2011 for fuel requirements, 2010 for passenger vehicles, and 2009 for fuel containers.
A 60-day comment period will begin when the proposal is published in the Federal Register. The proposal, supporting documentation, and information about submitting comments are online at http://www.epa.gov/otaq/toxics.htm#mobile.
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EPA is proposing a set of procedures to help local air agencies identify and evaluate air quality data that may have been affected by an exceptional, unplanned event such as a fire or destructive storm. Identifying exceptional events will protect the public health by allowing local air agencies to focus their efforts on air pollution emissions they can control.
The proposed rule would:
- ensure that air quality measurements are properly evaluated and characterized with regard to their causes;
- identify reasonable actions that should be taken to address the air quality and public health impacts caused by these types of events
- avoid imposing unreasonable planning requirements on state, local, and tribal air quality agencies related to violations of the National Ambient Air Quality Standards due to exceptional events
- ensure that the use of air quality data, whether afforded special treatment or not, is subject to full public disclosure and review
EPA will accept public comment on the proposed rule for 60 days after publication in the Federal Register and finalize the rule within one year. The proposed procedures are available online at http://www.epa.gov/ttn/oarpg/t1fs.html.
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The U.S. EPA has denied petitions from five state and local governments and one private business requesting the agency to reconsider its decision on findings of "nonattainment" for EPA's health-based national air quality standards for fine particle pollution. The nonattainment designation applied to counties or parts of counties when monitors detected air quality that violates the fine particle, or PM2.5 standards.
The petitions include:
1. State of West Virginia – pertaining to the inclusion of part of Mason county in the Huntington-Ashland, WV-KY-OH nonattainment area and to the inclusion of part of Pleasants county in the Parkersburg-Marietta, WV-OH area.
2. State of Georgia – pertaining to the inclusion of Walker and Catoosa counties in the Chattanooga, TN-GA nonattainment area.
3. State of Michigan – pertaining to including only Wayne county in the Detroit-Ann Arbor, MI nonattainment area.
4. Oakland County, MI – pertaining to the inclusion of Oakland county in the Detroit-Ann Arbor nonattainment area.
5. State of Ohio – pertaining to the inclusion of Scioto, Adams, Gallia, and Lawrence counties in the Huntington-Ashland, WV-KY-OH area.
6. Dynegy Midwest Generation – pertaining to the inclusion of the part of Randolph county Illinois in the St. Louis, MO-IL nonattainment area.
More information on this action is available online at http://www.epa.gov/pmdesignations/regs.htm.
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The U.S. EPA has released a new web-based tool, the Causal Analysis/Diagnosis Decision Information System (CADDIS), which simplifies determining the cause of contamination in impaired rivers, streams and estuaries.
More than a thousand U.S. water bodies have been identified as impaired, and in many cases, the cause is unknown. There are many possible sources of pollution such as industrial waste, municipal sewage, agricultural runoff, naturally occurring minerals in rock and sand, and biological materials. Before restorative or remedial actions can be taken, the cause of impairment must be determined. By helping to find the source of contamination, state and local organizations will be better able to implement the Clean Water Act.
CADDIS provides a standardized and easily accessible system to help scientists find, use and share information to determine the causes of aquatic impairment. Causal analyses look at stressor-response relationships, meaning the effect of a specific substance or activity (stressor) on the environment. Typical water stressors include excess fine sediments, nutrients, or toxic substances.
CADDIS was developed by EPA scientists through partnerships with EPA programs and regions, as well as states and tribes.
This version of CADDIS is the first of three. Future versions will include modules to quantify stressor-response relationships, and databases and syntheses of relevant literature on sediments and toxic metals.
CADDIS is available online at http://cfpub.epa.gov/caddis/.
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The Bureau of Land Management (BLM) has published a set of draft revisions to Chapter 11 of the Department of the Interior’s Departmental Manual (DM), which guides the agency’s implementation of the National Environmental Policy Act (NEPA).
The proposed revisions to 516 DM – Managing the NEPA Process appear in the January 25, 2006, Federal Register, pages 4159-4167, http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-775.pdf. The Notice opens a 30-day public comment period during which time, persons with an interest may submit comments on the proposed changes.
The framework the BLM uses for implementing NEPA was last updated in May 1992. The Department of the Interior’s Office of Environmental Policy and Compliance recently directed the BLM to update its section of the Manual. The proposed revisions are necessary to update the procedures used to determine what level of NEPA compliance is appropriate for various types of actions taken in managing public lands. Periodically updating the agency’s DM allows for increased efficiency in managing the NEPA process.
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NIOSH scientists published their latest findings from research to help resolve the question of whether Polychlorinated Biphenyls (PCBs) pose an occupational risk for cancer. Despite the production of PCBs having been banned almost 30 years ago, workers who repair, maintain, or dispose of equipment containing PCBs may still be exposed occupationally. Studies to date have not resolved the question as to whether PCBs can cause work-related cancer. Following up on a 1992 study with new data, the new report confirmed earlier findings of higher-than-expected mortality from brain cancer and melanoma among workers at an Indiana capacitor manufacturing plant. The report notes limitations of the study, including lack of information about non-occupational risk factors, lifestyle choices and previous or subsequent employment. The NIOSH scientists are pursuing further research that “may provide some additional insight,” according to their report. The report, published in the January 2006 issue of the journal Environmental Health Perspectives, is available at http://ehp.niehs.nih.gov/members/2005/8253/8253.html.
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The Massachusetts Department of Environmental Protection (MassDEP) launched a new program in partnership with the supermarket industry: one that rewards full-service grocery stores with regulatory relief if they voluntarily develop sustainable programs for reusing organics and other wastes instead of throwing them away. Known as Supermarket Recycling Program Certification (SRPC), the initiative has grown from an ongoing cooperative effort between MassDEP and the Massachusetts Food Association (MFA), an industry group which represents supermarkets and other food stores, to develop innovative methods for helping supermarkets recycle and compost more of the waste they generate. In August 2005, MassDEP and MFA entered into a partnership to advance recycling at full-service grocery stores across the state by expanding their existing Supermarket Organics Recycling Network (SORN). The new voluntary certification program takes this collaboration to the next level.
"Diverting organics and other wastes from disposal to reuse is good not only for the environment, but also for business," MassDEP Commissioner Robert W. Golledge Jr. said. "We expect this incentive-based, voluntary approach to change the supermarket industry's waste management culture for the better." Organics - including spoiled and out-of-date food, cardboard, plants, soil, and renderings - account for more than three-quarters of the waste generated by a typical supermarket. Recycling and composting that material instead of throwing it away can save a store between $20,000 and $40,000 per year, on average, in avoided disposal costs. Most supermarkets have been recycling cardboard for some time, but SORN has helped 62 stores increase their diversion of organic wastes to composting facilities and animal feeding operations. These supermarkets - including Big Y, Roche Bros., Shaw's/Star, Stop & Shop, and Whole Foods - have in the last year diverted more than 10,000 tons of food scraps and other organic materials from landfills and combustion facilities.
Full-service grocery stores participating in the new voluntary program will not only save money, but also improve their compliance with existing Massachusetts waste disposal bans. Massachusetts currently bans nine items from the waste stream, including paper, cardboard, and glass. Among other things, participating supermarkets will need to provide for comprehensive recycling of cardboard, plastic wrap, shrink-wrap, and organic material. MassDEP will then exempt waste loads generated by these stores from routine comprehensive waste ban inspections for paper; cardboard; glass, metal and plastic containers; and leaves and yard waste. Each supermarket that applies for SRPC certification will need to meet and maintain specific recycling and composting criteria to retain that status. MassDEP has banned a number of materials from disposal in Massachusetts' landfills and combustion facilities to promote recycling and composting. Businesses that do not set up programs to divert banned items from their waste run the risk of having their loads rejected at disposal or transfer facilities, paying additional handling fees, or facing enforcement penalties.
Additional information is available online at http://www.mass.gov/dep/recycle/supermkt.htm.
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The New York State Environmental Board approved State regulations that strengthen the State's used oil regulations to meet federal standards, prohibit the use and possession of non-encapsulated elemental mercury (http://www.dec.state.ny.us/website/dshm/redrecy/mercfaq.htm) and sets standards for the recycling of dental amalgam waste and pre-encapsulated elemental mercury wastes from dental offices statewide. These regulations reduce mercury contamination and strengthen the State's used oil regulations (http://www.dec.state.ny.us/website/dshm/hzwstman/usedoil.html).
The regulations approved under Title 6 New York Codes, Rules and Regulations include:
- 6 NYCRR Subpart 374-4 and associated amendments: Standards for the management of elemental mercury and dental amalgam waste at dental facilities; and
- 6 NYCRR Subparts 360-1, 360-14, 374-2, Paragraph 372.1 (e)(8) and Appendix 26: Used Oil Rulemaking.
Dental amalgam is a filling material used to restore teeth. It is made of approximately 40 to 50% mercury, 25% silver, and 25 to 35% of a mixture of copper, zinc and tin. Mercury is a persistent, bioaccumulative toxin that can damage the human brain and nervous system. Mercury-containing waste can be generated in the practice of dentistry through the mixing of dental amalgam, disposal of capsules previously containing mercury, and the removal of old fillings. Dental amalgam waste is often rinsed down the drain, deposited in biomedical waste containers destined for waste incineration, or placed in trash disposed of in
municipal waste landfills or incinerators, having the potential to impact the environment.
The dental amalgam regulations prohibit the possession and use of non-encapsulated elemental mercury in dental offices and require dentists to recycle any elemental mercury or dental amalgam waste generated in their offices in accordance with these approved regulations. The regulations establish waste management standards for dental facilities that use encapsulated mercury or generate mercury-containing dental amalgam wastes. To help minimize the release of mercury from wastewater and maximize recycling, the regulations require dentists to install, properly operate and maintain mercury amalgam separation and collection equipment, which is designed to remove 99% of the mercury-containing waste amalgam in rinse or wastewater from chairside collection and discharge systems.
The regulations also include other statutory requirements of the law passed in 2002 banning the use of non-encapsulated elemental mercury in dental offices, and requiring dentists to recycle mercury or amalgam waste.
After conducting outreach meetings in 2003 and soliciting input from the New York State Dental Association and other stakeholders, DEC released the preliminary draft regulations in March 2004. DEC held three public workshops in April 2004 to discuss draft dental mercury regulations and to accept comments from the public. DEC issued the draft regulations in March 2005. A legislative public hearing on the draft regulations was held on May 31, 2005.
"Used oil" is any oil that has been refined from crude oil, or any synthetic oil, that has been used, and as a result of such use, is contaminated by physical or chemical impurities. Used oil is not regulated as a hazardous waste as long as it is recycled or burned for energy recovery in accordance with regulatory requirements, and the oil has not been contaminated with any other hazardous waste. Improper disposal or burning of used oil can pose a hazard to the environment. The "used oil rulemaking" amends existing State regulations on used oil management. This rulemaking updates used oil regulations to implement amendments to the Environmental Conservation Law and implements provisions of the federal used oil regulations. The rulemaking also restructures the regulation to clarify the permitting requirements and management standards for all used oil facility types. By reorganizing and restructuring existing parts of the regulation, DEC intends to improve the readability of the regulations, decrease confusion and increase compliance with the regulations. The rulemaking specifically incorporates existing statutory requirements for service and retail establishments with respect to used oil generated from "do-it-yourself" oil change customers. It also clarifies specific handling and storage requirements on used oil generators, transporters and transfer facilities.
The draft "used oil" regulations were issued by DEC in February 2005. A legislative public hearing on the draft regulations was held on March 30, 2005.
The 16-member Environmental Board is composed of State agency heads and representatives of the environmental community, citizen groups, business and industry. With the approval of the regulations, DEC will file the rulemaking package with the Department of State (DOS). The regulations will become final 60 days after filing with DOS.
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Ohio EPA has introduced draft rules to revise administrative and procedural processes used at the Agency. These rules would affect all Ohio EPA programs and divisions.
Draft rule changes deal with the following issues:
- proposed actions and requests for adjudication hearings
- public notice of rules
- access to public records
- trade secrets
- draft actions
- notice of water permit applications
- public notices, fact sheets and public meetings
- procedures for verified complaints
In most cases, the rules that would be rescinded would be moved to a more logical part of the rule, with existing language largely being maintained. However, draft language regarding verified complaints is new. A verified complaint is a written complaint verified by an affidavit - a statement written and sworn to in the presence of someone. The complainant must allege a violation of an environmental law, rule, standard, order, license, permit variance or plan approval, and the complainant must be aggrieved or adversely affected by the violation.
Although these provisions have existed in Ohio law since 1972, the law is somewhat lacking in specificity. Over the years, various court interpretations have provided some guidance. In addition, a recent Ohio EPA analysis revealed that about 20% of the verified complaints submitted to the Agency don't meet the legal standards required under the statute.
Based on case law (court interpretations of the 1972 verified complaint law) and Ohio EPA's research regarding the most common errors, the draft rule is a means to provide more specific guidance to citizens who wish to file a verified complaint. Ohio EPA intends to enable citizens to file complete verified complaints by themselves at minimal cost.
The draft rules are available online at http://www.epa.state.oh.us/aa_rule_links.html. Written comments may be mailed to Mark Navarre, Ohio EPA Legal Office, P.O. Box 1049, Columbus, Ohio 43216-1049, or e-mailed to mark.navarre@epa.state.oh.us, by March 31, 2006.
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The proposed Clean Air Interstate Rule (CAIR) SIP establishes the control measures and enforcement mechanism for the Texas Clean Air Interstate Rule (CAIR) SIP. The proposed rules would reduce oxides of nitrogen and sulfur dioxide emissions from EGUs to assist downwind states in achieving compliance with the NAAQS for PM2.5. The proposed rulemaking would also amend Chapter 122 to incorporate the permitting requirements for CAIR and the Clean Air Mercury Rule (CAMR) by reference. The CAIR and CAMR permits will establish federal enforceability of the CAIR and CAMR trading programs by listing all applicable requirements of the trading programs applicable to each CAIR and CAMR unit at the source.
The proposed Clean Air Mercury Rule (CAMR) would establish the control measures and enforcement mechanism for the Texas Clean Air Mercury Rule (CAMR) state plan. The proposed rules would apply to stationary, coal-fired boilers or coal-fired combustion turbines serving a generator with a nameplate capacity of more than 25 megawatts of electricity (MWe) and producing electricity for sale. The proposed rules would also apply to cogeneration units serving a generator with a nameplate capacity of more than 25 MWe and supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 megawatt-hours, whichever is greater, to any utility power distribution system for sale.
The proposed Clean Air Interstate Rule (CAIR) is available online at http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/proposals/05047101_pro.pdf; and the proposed Clean Air Mercury Rule (CAMR) is available online at http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/proposals/05047101_pro.pdf.
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Although states cannot be less stringent than the federal EPA regulations, many states interpret and enforce the regulations for satellite accumulation points differently. Recent guidance distributed by Candace Bias of the MO DNR indicates that in Missouri:
- You can collect up to 55-gallons of hazardous waste per waste stream at a satellite (many states allow 55 gallons total of all waste streams) that is located near the point of generation
- Storage is limited to 1-year at satellites (many states have no time limits at satellites)
The state recommends that you distinguish satellites from 90-day and 180 accumulation points by painting lines on the floor, signage, or roping off the area.
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The National Institute for Occupational Safety and Health (NIOSH) is inviting comment on the document Evaluation of Safe Patient Handling and Movement Principles NIOSH Docket #072
The information contained in this document is still in draft form and as such should not be considered as a final statement of NIOSH policy.
The presentation "Safe Patient Handling and Movement Principles," was developed by NIOSH and its partners, the American Nurses Association and the Veterans Health Administration's Patient Safety Center, to improve work practices for patient care workers. This presentation is designed for use in training by schools of nursing.
The presentation will remain available for review until May 30, 2006. After that date, NIOSH will consider all the comments submitted, and make appropriate revisions to the presentation before publishing a final version. This presentation will also undergo scientific peer review. The details of this review will be referenced on the NIOSH Web site in the near future.
The presentation is formatted in Flash and includes both audio and video. The draft presentation is available in an online version and a downloadable version at http://www.cdc.gov/niosh/review/public/safe-patient/patienthandling.html.
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OSHA published a final standard for occupational exposure to hexavalent chromium in the Feb. 28, 2006, Federal Register. The standard covers occupational exposure to hexavalent chromium (Cr(VI)) in general industry, construction and shipyards. "OSHA has worked hard to produce a final standard that substantially reduces the significant health risks for employees exposed to hexavalent chromium. Our new standard protects workers to the extent feasible, while providing employers, especially small employers, adequate
time to transition to the new requirements," said Jonathan L. Snare, acting assistant secretary for occupational safety and health. The new standard lowers OSHA's permissible exposure limit (PEL) for hexavalent chromium, and for all Cr(VI) compounds, from 52 to 5 micrograms of Cr(VI) per cubic meter of air as an 8-hour time- weighted average. The standard also includes provisions relating to preferred methods for controlling exposure, respiratory protection, protective work clothing and equipment, hygiene areas and practices, medical surveillance, hazard communication and recordkeeping. Hexavalent chromium compounds are widely used in the chemical industry as ingredients and catalysts in pigments, metal plating and chemical synthesis. Cr(VI) can also be produced when welding on stainless steel or Cr(VI)-painted surfaces. The major health effects associated with exposure to Cr(VI) include lung cancer, nasal septum ulcerations and perforations, skin ulcerations, and allergic and irritant contact dermatitis.
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The Occupational Safety and Health Administration (OSHA) has issued a direct final rule that regulates the testing of roll-over protective structures (ROPS) used to protect employees who operate wheel-type tractors.
Announced in a Feb. 28, Federal Register notice (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=18600), the rule reinstates the agency's original construction and agriculture standards that had been replaced a decade earlier with references to national consensus standards for testing of ROPS.
The rule restores impact testing for protective frames on wheel-type tractors and an additional cold-temperature testing option under the construction standard. It also reinstates the exemption from field-upset testing option and an additional cold-temperature testing option in the agriculture standard. The final rule also contains minor plain language revisions that will improve comprehension and compliance with the standards.
The standards were reinstated through the direct final rule approach, which saves regulatory resources over notice and comment rulemaking (when there is no opposition) by eliminating one stage in the rulemaking process. OSHA stated in a Dec. 29, 2005, Federal Register (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=18478) that if no significant adverse comments were received, the final rule would become effective on Feb. 27, 2006. OSHA received only one public comment on the direct final rule, which was determined not to be significantly adverse.
The agency has since conducted a thorough evaluation of the original ROPS standards and those implemented under the 1996 technical amendment. OSHA reinstated the original ROPS standards for construction and agriculture after identifying several substantive differences between the national consensus standards and the original standards.
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RECENTLY PROMULGATED FEDERAL REGULATIONS
Health and Safety
OSHA Guidelines Help Employers Design Driver Safety Programs in the Workplace
Guidelines to help employers and employees reduce on-the-job motor vehicle crashes were announced by OSHA. The document, Guidelines for Employers to Reduce Motor Vehicle Crashes, was developed by
OSHA, the National Highway Traffic Safety Administration, and the Network of Employers for Traffic Safety.
OSHA said that the guidelines offer information to help employers design effective driver safety programs for their workplaces. The Guidelines for Employers to Reduce Motor Vehicle Crashes, are available from OSHA's publication office at (202) 693-1888, or on the agency's publications page on its Web site at http://www.osha.gov/pls/publications/pubindex.list.
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RECENTLY PROMULGATED STATE REGULATIONS
Air
New Hampshire - Federal Standards/New Sources and Hazardous Air Pollutants
Final rule of the Department of Environmental Services, Division of Air Resources, readopts with amendments regulations under NHAR Env-A 502.01, 504.01, and 505.01 regarding federal standards for new sources and hazardous air pollutants. The rule incorporates by reference federal new source performance standards and national emission standards for hazardous air pollutants under 40 CFR 60, 61, and 63. The rule also updates a reference to the Code of Federal Regulations and includes general provisions. The rule is effective Dec. 31, 2005, and expires Dec. 31, 2013.
Oregon - SIP/Portland Area
Final rule of the EPA amends regulations under 40 CFR 52.1970 and 52.1973 to approve revisions to the Oregon SIP regarding the second 10-year maintenance plan for carbon monoxide (CO) for the Portland CO attainment area. Specifically, the rule approves the state's demonstration that the area will maintain air quality standards for CO through the year 2017, a revised CO motor vehicle emissions budget for transportation conformity purposes using the MOBILE6.2 emissions model and the latest growth and planning assumptions, and revised SIP control measures and contingency measures. The rule is effective Feb. 23, 2006.
North Dakota - SIP
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.1820 to approve revisions to the North Dakota SIP concerning permitting. The rule also updates the delegation of authority for the implementation and enforcement of new source performance standards. The rule is effective March 27, 2006, if no adverse comments are received by Feb. 23, 2006.
Utah - Boilers and Pressure Vessels
Final rule of the Labor Commission, Division of Safety, amends regulations under R616-2-3 regarding safety codes for boilers and pressure vessels. The rule incorporates by reference the 2005 addenda to the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, Sections I, IV, and VIII. The rule is effective Jan. 1, 2006.
Missouri - Ambient Air Quality Standards
Final rule of the Department of Natural Resources, Air Conservation Commission, amends regulations under 10 MCSR 10-6.010 to revise the ambient air quality standards table to include the new eight-hour ozone and particulate matter 2.5 (PM-2.5) standards. The rule also reformats the methods and concentration columns to enhance clarity. The rule is effective Feb. 28, 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.
Missouri - Air Quality Standards/Definitions and Tables
Final rule of the Department of Natural Resources, Air Conservation Commission, amends regulations under 10 MCSR 10-6.020 regarding air quality definitions and common reference tables. The rule revises definitions and defines ''hourly de minimis level'' and ''PM2.5.'' The rule also deletes ''hazardous'' from the title of the non-VOC Air Pollutant List, adds five new chemical names to the list, and removes material and corrects technical names for four other materials in Table 3-Hazardous Air Pollutants. In addition, the rule clarifies language and reformats provisions. The rule is effective Feb. 28, 2006.
Missouri - Air Quality Standards/Reference Methods
Final rule of the Department of Natural Resources, Air Conservation Commission, amends regulations under 10 MCSR 10-6.040 regarding air quality reference methods. The rule updates and adds approved federal reference methods for the new and revised eight-hour ozone and particulate matter 2.5 (PM-2.5) ambient air quality standards. The rule also removes an obsolete federal reference method and updates several federal reference method titles. The rule is effective Feb. 28, 2006.
New Mexico - Permits/Prevention of Significant Deterioration
Final rule of the Environment Department, Environmental Improvement Board, amends regulations under 20.2.74.7 through 20.2.74.503 NMAC (nonconsecutive) to incorporate changes to federal requirements concerning new source review permitting under 40 CFR 51. The rule updates provisions concerning prevention of significant deterioration permits. The rule is effective Jan. 22, 2006.
Kentucky - SIP/Christian County
Final rule of the EPA amends regulations under 40 CFR 52.920 and 81.318 to approve a request to redesignate the Christian County, Ky., portion of the Clarksville-Hopkinsville eight-hour ozone nonattainment area to attainment for the eight-hour ozone NAAQS. The rule also approves the 12-year maintenance plan for Christian County as a revision to the Kentucky SIP. In addition, the rule finds that the new motor vehicle emissions budgets for the years 2004 and 2016 contained in the maintenance plan are adequate for transportation conformity purposes. The rule is effective Feb. 24, 2006.
Colorado - SIP
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.320 to approve a revision to the Colorado SIP. The revision updates the long-term strategy of the visibility SIP to establish strategies, activities, and monitoring plans that constitute reasonable progress toward the national visibility goal. The rule is effective March 27, 2006, if no adverse comments are received by Feb. 23, 2006.
Water
Maryland - Budget Plan for Fiscal 2007 Includes Water Quality, Agriculture Initiatives
Maryland Gov. Robert L. Ehrlich Jr. (R) announced his $29.6 billion fiscal year 2007 budget proposal, which includes a variety of environmental initiatives. The spending plan, which must obtain legislative approval, includes $75.5 million for wastewater treatment plant upgrades, septic tank improvements, and the planting of cover crops to stem pollutant runoff, drawing upon funds from the $30 annual sewer surcharge the Ehrlich administration implemented in 2004.
An additional $6 million would go toward other Chesapeake Bay restoration efforts, such as implementation of the state's Tributary Strategies, which set targets for reducing nutrient pollution by 2010. More information on the Maryland governor's FY 2007 proposed budget is available at http://www.governor.maryland.gov.
Hazardous Materials/Waste
Wyoming - Storage Tanks/Underground and Aboveground
Final rule of the Department of Environmental Quality, Water Quality Division, amends regulations under Chapter 17 regarding storage tanks. The rule updates the leak detection requirements for underground storage tanks, revises the cleanup procedures for leaking storage tank sites, and incorporates standards for regulated aboveground storage tanks. The rule is effective Dec. 1, 2005.
Ohio - Toxic Release Inventory
Final rule of the Ohio EPA, Division of Air Pollution Control, amends regulations under OAC 3745-100-01 through -16 regarding toxic release inventory reporting. The rule addresses incorporation by reference requirements, clarifies statutory authority, and makes editorial corrections. The rule is effective Jan. 16, 2006.
Ohio - Hazardous Waste Program
Final rule of the EPA amends regulations under 40 CFR 271 to grant final authorization of revisions to the Ohio hazardous waste management program under RCRA. The agency has determined that the changes satisfy all requirements needed to qualify for final authorization. The rule is effective Jan. 20, 2006.
Virginia - Waste Recycling Rate Continues to Fall; Failing Areas Asked to Provide Action Plans
Virginia recycled 2.7 million tons of material--29.8 percent of its solid waste--in 2004, just slightly less than in 2003 but well below the rates posted in 2001 (37.8 percent) and 2002 (36.8 percent), the state Department of Environmental Quality reported. As in years past, urban and "semi-urban" areas had the state's top recycling rates in 2004, led by the Richmond region, where 44.6 percent of solid waste was recycled, according to The Virginia Annual Recycling Report.
Among the 95 reporting areas, 49 failed to recycle 25 percent of their solid waste, the state standard. But this was an improvement from 2003, when 62 areas missed the mark, DEQ said. Text of the report and additional information on Virginia's mandatory recycling program is available at http://www.deq.state.va.us/recycle/mandatory.html.
Health and Safety
Kentucky - Residential Construction Fall Standard Raises Trigger Height
The state of Kentucky revised its fall protection standard for the residential construction industry. While the state rule generally followed the federal fall protection standard for construction, in certain areas, such as the definition of residential construction and the trigger height at which the regulation comes in play, it amends limitations in the federal rule.
The Kentucky rule raises the minimum height for which fall protection is required from the federal level of six feet to 10 feet when workers are exposed to unprotected sides and edges, leading edges, hoist areas, form work and reinforcing steel, or roofing work on slopes. A copy of the Kentucky revised fall protection regulation and non-mandatory sample fall protection plan for residential construction is available at: http://www.labor.ky.gov.
Kentucky - Special Industries
Final rule of the Environmental and Public Protection Cabinet, Department of Labor, amends regulations under 803 KAR 2:317 regarding special industries. The rule incorporates Jan. 1, 2005, federal standards under 29 CFR 1910.268 relating to telecommunications to revise the requirements for providing accessible first aid supplies. The rule is effective Dec. 2, 2005.
Vermont - Elevator Safety
Final rule of the Department of Public Safety amends elevator safety regulations to adopt current national safety standards for the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances covered by the Elevator Safety Review Board. The rule specifically incorporates the American Society of Mechanical Engineers (ASME) standards A17.1-2004, ASME A18.1-2003, and ASME A17.3-2002. The rule is effective Dec. 1, 2005.
California - Stationary Internal Combustion Engines
Final rule of the Ventura County Air Pollution Control District amends regulations under Rule 74.9 regarding stationary internal combustion engines. The rule requires quarterly NOx monitoring with a hand-held instrument (screening tests) and source tests every two years. The rule also requires nonresettable elapsed operating time meters in certain cases. In addition, the rule deletes the efficiency correction procedure, heating value measurement methods, and obsolete emission limits. The rule is effective Nov. 8, 2005.
Kentucky - Medical Services/First Aid
Final rule of the Environmental and Public Protection Cabinet, Department of Labor, amends regulations under 803 KAR 2:310 to incorporate Jan. 1, 2005, federal standards under 29 CFR 1910.151 regarding medical services and first aid. The rule also updates a reference. The rule is effective Dec. 2, 2005.
Kentucky - Air Contaminants
Final rule of the Environmental and Public Protection Cabinet, Department of Labor, amends regulations under 803 KAR 2:320 regarding air contaminants. The rule incorporates Jan. 1, 2005, federal standards under 29 CFR 1910 to update requirements on exposure monitoring for asbestos; 13 carcinogens; vinyl chloride; inorganic arsenic; lead; cadmium; benzene; coke oven emissions; cotton dust; 1,2-dibromo-3-chloropropane; acrylonitrile; and butadiene. The rule is effective Dec. 2, 2005.
Indiana - Bill Would Introduce Criminal Penalties For Employers That Ignore Safety Laws
A bill introduced Jan. 5 in the Indiana House of Representatives would make employers who repeatedly flout occupational safety laws and generate successive employee injuries and fatalities punishable by up to eight years in prison and a $10,000 fine. The bill would also open management to civil liability if reckless negligence could be proven.
The bill has been referred to the House Committee on Courts and Criminal Codes, the chair may hold hearings before the legislative session ends March 14.
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.
Michigan - Bill Banning Ergonomics Standard Passed by House, Senate
The Republican majority in the Michigan Senate Jan. 24 passed a measure banning the state from imposing ergonomics standards in the workplace by a party line vote of 22 to 14. The move followed a similar party line vote Jan. 17 in the Michigan House of Representatives, which also has a Republican majority, to pass the measure by 56 to 45. The bill now moves to Democrat Gov. Jennifer Granholm's desk.
The bill (H.B. 5447), introduced by Rep. Rick Jones (R), would prevent any department, board, or commission authorized to promulgate rules under Michigan's occupational safety and health act from promulgating "a rule regarding workplace ergonomics." The bill would not prohibit "guidance, best practices information, or assistance for the voluntary implementation or practice of a workplace ergonomics program."
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Web Sightings
Electrical Safety Hazards of Overloading Cable Trays Fact Sheet Now Available
According to the 2005 National Electrical Code (NEC), a cable tray system is "[a] unit or assembly of units or sections and associated fittings forming a structural system used to securely fasten or support cables and raceways." Cable trays support cable across open spans in the same manner that roadway bridges support traffic. Cable trays are not raceways, and are treated as a structural component of a facility's electrical system. Cable trays are a part of a planned cable management system to support, route, protect and provide a pathway for cable systems.
OSHA's guidance on preventing safety hazards associated with overloading cable trays is now available at http://www.osha.gov/Publications/cable_trays_fs.pdf.
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Ask an Expert
Chris Mickler, P.E. – Jacksonville, Florida
Who is responsible for applying for a construction stormwater permit?
The operator is responsible for applying for the permit as required by 40 CFR 122.21(b). The operator is the person who has operational control over construction plans and specifications, and/or the person who has day-to-day supervision and control of activities occurring at a construction site. In some cases, the operator may be the owner or the developer, in other cases the operator may be the general contractor, in some cases both entities will be considered operators. Some States require a single entity, usually the land owner or easement holder, to be the permittee for a given construction project. Other States and EPA require all relevant entities to obtain permit coverage, as co-permittees, for a given construction project. Contact your permitting authority for clarification on who must apply.
For compliance assistance, contact Chris at JCMickler@mactec.com or your local MACTEC office.
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MACTEC Marks 22 Years of Continuous Service for Ingersoll Rand
MACTEC (previously as Law Environmental) has provided environmental services to Ingersoll Rand Company at their plant site in Clinton, South Carolina continuously since 1984. Tom Cross, Senior Principal Engineer, first began LAW`s work at this RCRA Corrective Action Facility by installing groundwater monitoring wells for regulated hazardous waste storage impoundments. RCRA compliance and remediation services are expected to continue through at least the year 2018.
Ingersoll-Rand (IR), headquartered in Montvale, New Jersey, is one of MACTEC’s National Clients. Twenty to fifty projects have been completed each year for IR since 1997, at locations across the U.S. In 2005, personnel from 14 MACTEC offices worked on IR projects.
Ingersoll Rand manufactures and services a variety of products including:
- Thermo King/Hussmann refrigeration units
- Club Car golf carts and utility vehicles
- Bobcat construction equipment
- IR Road Construction equipment
- IR Air Compressors and generators
- Material handling systems
- Pneumatic tools (ARO) and equipment
- Schlage locks and security systems
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