Environmental, Health and Safety Compliance Newsletter
August 12 , 2005 - Volume 3, Number 12
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. (247kb PDF)
In this issue
EPA Proposes Amendments To Plywood And Composite Wood Products Industry Air Toxics Rule
The U.S. EPA has reopened the public comment period on aspects of its final air toxics regulation for the plywood and composite wood products industry. The action was taken in response to a petition filed by the Natural Resources Defense Council and the Environmental Integrity Project.
The environmental groups' petition asks for reconsideration of nine aspects of the final rule and requests a stay of the risk-based compliance alternatives which allow facilities to meet requirements by demonstrating that their emissions have a minimal impact on human health. Although EPA is not granting the petitioners' request for a stay, the agency will provide a 45-day comment period on the nine aspects of the petition with the reconsideration notice's publication in the Federal Register. More information on the reconsideration is available online.
In a separate but related action, EPA is proposing amendments to the air toxics standards for the plywood and composite wood products industry that will streamline requirements for demonstrating that an individual facility poses a low risk to public health.
EPA is also proposing changes to the rule that would allow facilities to use approved emissions estimates rather than conducting emissions tests for some hard-to-test units, and would extend the deadline for submitting demonstrations that facilities are low risk. The amendments will not affect the impact of the standards.
EPA issued the final air toxics rule for the plywood and composite wood products industry in July 2004. Air toxics are pollutants known, or suspected, to cause cancer or other serious health effects. Since 1990, EPA has issued 96 standards covering emissions from 174 industry source categories. By 2007, these rules will eliminate 1.7 million tons of air toxics every year.
EPA estimates that the July 2004 final rule will reduce air toxics emissions from the manufacturing of plywood and composite wood products by 11,000 tons per year, a 58 percent decrease from 1997 levels. The final rule also will reduce volatile organic compound emissions by 27,000 tons per year, a 52 percent decrease from 1997 levels.
More information on the proposed amendments is available online at http://www.epa.gov/ttn/oarpg/t3/fact_sheets/plywoodamendments_fs.html.
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Discarded Equipment Containing Mercury Now Managed as Universal Waste
A final rule that classifies mercury-containing equipment as universal waste will help eliminate mercury in the environment and encourage mercury recovery and improved, safe management of mercury waste. Previously, unregulated households and some small businesses were not required to manage used mercury containing equipment as a hazardous waste, resulting in some mercury waste getting thrown in the trash. Under this rule, used mercury-containing equipment will be readily collected for recycling or disposal at a properly permitted facility.
Mercury-containing equipment includes various types of instruments that are commonly used in industry, hospitals and households, such as thermometers, barometers and mercury switches. Other items already managed as universal waste include batteries, thermostats and fluorescent lamps.
This final rule imposes management standards similar to those for universal waste thermostats because of similarities in the waste streams. Under the system, recordkeeping, storage and transportation requirements for generators of waste, collectors, and transporters are reduced to encourage local governments, communities, and retailers to set up collection programs that will pull these wastes out of municipal trash and into the hazardous waste system. Stringent federal hazardous waste management requirements for final disposal or recycling remain unchanged. EPA estimates that about 1,900 generators handling approximately 550 tons of mercury-containing equipment annually will be affected by this rule.
For more information on the rule, go to: http://www.epa.gov/epaoswer/hazwaste/recycle/electron/crt.htm.
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Federal Plan Proposed to Ensure Power Plant Pollution Cuts
To ensure emissions reductions required under the landmark Clean Air Interstate Rule (CAIR) are achieved, EPA is proposing a federal implementation plan (FIP) to require power plants in CAIR states to participate in one or more of three separate cap and trade programs. As part of this action, EPA is also responding to North Carolina's March 2004 petition under section 126 of the Clean Air Act.
"With today's action, we are another step closer to cutting and capping power plant pollution in the eastern United States by almost 70 percent below today's levels," said Jeff Holmstead, EPA's assistant administrator for air and radiation. "North Carolina is reducing pollution already, and our action will make the state's air cleaner still, ensuring that it meets federal air quality standards on time."
The proposed FIP would require power plants in the 28 CAIR states and the District of Columbia to participate in cap and trade programs to reduce annual sulfur dioxide (SO2) emissions, annual nitrogen oxide (NOx) emissions, and ozone season NOx emissions. EPA also is proposing the FIP for New Jersey and Delaware, based on a proposal to include those states in CAIR for fine particle pollution.
The FIP would not limit states' flexibility in meeting their CAIR requirements. EPA would withdraw the federal plan for any state once that state's own plan for meeting CAIR requirements is in place.
CAIR will permanently cap emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx) in the eastern United States. When fully implemented, CAIR will reduce SO2 emissions in 28 eastern states and the District of Columbia by more than 70 percent and NOx emissions by more than 60 percent from 2003 levels. This will result in more than $100 billion in health and visibility benefits per year by 2015 and will substantially reduce premature mortality in the eastern United States. These benefits will continue to grow each year with further implementation.
The emission reductions under CAIR will satisfy the portion of a North Carolina petition seeking reductions in fine particle-forming emissions from upwind states. As part of today's proposal, EPA is finding that emissions from 10 states significantly contribute to fine particle pollution in North Carolina. The agency is proposing to address that portion of the petition through the proposed FIP.
EPA's analyses also show that upwind states do not contribute to ozone problems in North Carolina, which is expected to meet the 8-hour ozone standard by 2010. Based on those analyses, EPA is proposing to deny the portion of North Carolina's petition related to ozone.
North Carolina filed the petition under Section 126 of the Clean Air Act, which authorizes states to ask EPA to set emission controls for major emissions sources in upwind states, if EPA finds that the sources significantly contribute to nonattainment problems in downwind states. Under a consent agreement, EPA must issue a final response to the petition by March 15, 2006.
EPA will hold public hearings on this proposal on Sept. 14, 2005, at EPA's offices in Research Triangle Park, N.C. and Sept. 15, 2005 at EPA's offices in Washington, D.C. The agency also will accept written public comment for 60 days after the rule is published in the Federal Register. To learn more about this action, visit: http://epa.gov/cair/rule.html.
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GAO Recommends Strengthening TSCA
The General Accountability Office reviewed EPA’s efforts to control the risks of new chemicals not yet in commerce, assess the risks of existing chemicals used in commerce, and publicly disclose information provided by chemical companies under TSCA.
GAO recommends that the Congress consider providing EPA additional authorities under TSCA to improve its ability to assess chemical risks and that the EPA Administrator take several actions to improve EPA’s management of its chemical program. The GAO found that EPA has limited ability to publicly share the information it receives from chemical companies under TSCA. TSCA prohibits the disclosure of confidential business information, and chemical companies claim much of the data submitted as confidential. While EPA has the authority to evaluate the appropriateness of these confidentiality claims, EPA states that it does not have the resources to challenge large numbers of claims. State environmental agencies and others are interested in obtaining confidential business information for use in various activities, such as developing contingency plans to alert emergency response personnel of the presence of highly toxic substances at manufacturing facilities. Chemical companies recently have expressed interest in working with EPA to identify ways to enable other organizations to use the information given the adoption of appropriate safeguards. See http://www.gao.gov/new.items/d05458.pdf for additional information.
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OSH Management Systems Standard Approved by ANSI
ANSI/AIHA Standard Z10, Occupational Health and Safety Management Systems, has received final approval from the American National Standards Institute (ANSI). This approval means that the standard, developed through a consensus process by a committee of experts and stakeholders from industry, labor, business, professional organizations, and government, is a fully recognized American National Standard.
The approved standard is being prepared for publication and will be available in mid-September. The American Industrial Hygiene Association (AIHA), which serves as secretariat for the Z10 Committee, is taking advance orders for the publication online at www.aiha.org/marketplace.htm or through its Customer Service Department at (703) 849-8888.
"Under the leadership of Chair Alan Leibowitz, the Z10 Committee has worked together to develop a standard of management systems and principles to help organizations continuously improve their occupational health and safety performance," said AIHA President Roy Buchan, DrPH, CIH. "AIHA salutes the dedication of the committee members who made this standard possible, and we look forward to seeing the impact their good work will have on the health and safety of working people everywhere."
The new standard enables organizations to integrate occupational health and safety (OHS) management into their overall business management systems. It focuses on principles that are broadly applicable to organizations of all sizes and types, not on detailed specifications. It is compatible with relevant OHS, environmental, and quality management standards, such as International Organization for Standardization (ISO) 9000 and 14000, and with approaches to OHS management in common use in the United States.
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DOT Adds Definition For ‘Offeror’
PHMSA is amending the Hazardous Materials Regulations to add a definition for "person who offers or offeror." The definition adopted in this final rule codifies long-standing interpretations and administrative determinations on the applicability of those regulations. This final rule is effective October 1, 2005.
On September 24, 2004, the Research and Special Programs Administration--the predecessor agency to the Pipeline and Hazardous Materials Safety Administration (PHMSA)--published a notice of proposed rulemaking (NPRM; 69 FR 57245) proposing to add a definition for "person who offers or offeror" to the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Consistent with previously issued administrative determinations, as discussed in the NPRM (69 FR 57247-48) and placed in the docket for this rulemaking, proposed to define "person who offers or offeror" to mean "any person who does either or both of the following: (i) Performs, or is responsible for performing, any pre-transportation function required under [the HMR] or transportation of the hazardous material [or] (ii) Tenders or makes the hazardous material available to a carrier for transportation in commerce." The proposed definition specifically excluded a carrier that transfers, interlines, or interchanges hazardous materials to another carrier for continued transportation when the carrier does not perform any pre-transportation functions associated with the shipment. We further proposed to clarify that an offeror or a carrier may rely on information provided by a prior offeror or carrier unless the offeror or carrier "knows, or in the exercise of reasonable care, should know" that the information provided is incorrect.
In this final rule, the following revisions to the HMR apply:
- "person who offers or offeror" to mean any person who performs or is responsible for performing any pre- transportation function required by the HMR or who tenders or makes the hazardous material available to a carrier for transportation in commerce. A carrier is not an offeror when it performs a function as a condition of accepting a hazardous material for transportation in commerce or when it transfers a hazardous material to another carrier for continued transportation without performing a pre-transportation function.
- There may be more than one offeror of a hazardous material and that each offeror is responsible only for the specific pre-transportation functions that it performs or is required to perform.
- Each offeror or carrier may rely on information provided by a previous offeror or carrier unless the offeror or carrier knows or, a reasonable person acting in the circumstances and exercising reasonable care, would have knowledge that the information provided is incorrect.
More information is available on the internet at http://epa.gov/EPA-WASTE/2005/July/Day-28/.
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NRC Proposes National Tracking System For Some Radioactive Materials
The Nuclear Regulatory Commission (NRC) is considering amending its regulations to implement a national tracking system for certain radioactive materials used for academic, medical and industrial purposes.
The NRC is working closely with other federal agencies and the states to develop the National Source Tracking System to track certain radioactive materials in specific quantities. During 2002-2003, the NRC worked with other agencies and the international community to reach agreement on which radioactive materials and sources should be tracked. Those sources are set forth in the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources.
The proposed amendment to NRC regulations would require licensees to report information on the manufacture, transfer, receipt or disposal of these sources of interest to an automated National Source Tracking System, to be administered by the NRC. The sources are considered "sealed sources" because they are encased in a capsule designed to prevent leakage or escape of the material. The radioactive materials that would be tracked include, but are not limited to, certain amounts of Cobalt-60, Strontium-90, Cesium-137, Iridium-192 and Americium-241.
Under the NRC's proposal each licensee would also have to provide its initial inventory of nationally tracked sources to the National Source Tracking System and annually verify and reconcile the information in the system with the licensee’s actual inventory. In addition, the amendment would require manufacturers to assign a unique serial number to each nationally tracked source.
"This regulation would allow us to better understand and monitor who possesses sources of interest on a national basis," said Charles L. Miller, Director of the NRC’s Division of Industrial and Medical Nuclear Safety. "It is consistent with recommendations of the International Atomic Energy Agency (IAEA) and a joint NRC/Department of Energy report."
Once fully operational, the National Source Tracking System would help NRC and Agreement States (the 33 states that have agreed with the NRC to regulate the medical and industrial uses of radioactive material) to conduct inspections and investigations, communicate nationally tracked source information to other government agencies, and verify legitimate ownership and use of nationally tracked sources.
The NRC has developed and is maintaining an interim database of radioactive sources of interest for both NRC and Agreement State licensees. This database will be maintained until the National Source Tracking System is complete.
Further details of the proposed amendments to NRC’s regulations are contained in a Federal Register notice, to be published soon. Interested persons are invited to submit written comments within 75 days after publication of the Federal Register notice to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 2055-0001, Attention: Rulemakings and Adjudications Staff. Comments may also be sent by e-mail to SECY@nrc.gov or submitted via the NRC’s rulemaking web site at http://ruleforum.llnl.gov.
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MSHA Proposes Rule to Reduce Miners' Exposure to Asbestos
The U.S. Mine Safety and Health Administration (MSHA) has issued a proposed rule that would reduce by 20 times miners' permissible exposure limit (PEL) to asbestos. The rule would lower the current exposure limit for eight-hour work shifts from two fibers per cubic centimeter to 0.1 fibers per cubic centimeter. "This lowered PEL would help improve the health of American miners," said David G. Dye, deputy assistant secretary of labor for mine safety and health. "We are fully committed to fulfilling our mission of protecting the health and safety of America's miners." The proposed rule would affect miners at all metal and nonmetal mines, surface coal mines, and surface areas of underground coal mines in the United States.
Asbestos is the generic term for a group of minerals that occur naturally as long, thin fibers. Some adverse health effects associated with exposure to asbestos are lung diseases, such as cancer, pulmonary fibrosis, asbestosis and mesothelioma.
Under the proposal, the regulations would:
- lower the short-term excursion limit from 10 fibers per cubic centimeter sampled over 15 minutes to one fiber per cubic centimeter sampled over 30 minutes;
- continue to cover the same asbestos minerals as are addressed in MSHA's existing standards -- these minerals are called the "federal six" and are the same as those regulated by OSHA; and
- use the same language for metal, nonmetal and coal mine asbestos standards.
Text of the proposed rule is available on the web at http://www.msha.gov/REGS/FEDREG/PROPOSED/2005PROP/05-14510.pdf.
Written comments on this proposed rulemaking should be submitted within 60 days to the MSHA Office of Standards, Regulations and Variances, 1100 Wilson Blvd., Room 2350, Arlington, Va. 22209-3939; fax 202-693-9441. Comments may be submitted at www.regulations.gov, or by e-mail to zzMSHA-comments@dol.gov, inserting RIN: 1219-AB24 in the subject line.
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Agreement Will Lead to Better Understanding of PFOA
As part of EPA’s ongoing efforts to better understand the potential health effects of perfluorooctanoic (PFOA), EPA and PFOA manufacturers have agreed to conduct tests to determine if incineration of fluoropolymers and fluorotelomer-treated products are a source of PFOA in the environment. The consent agreements are part of the agency's ongoing process with industry and other interested parties to ensure the development of information that will help EPA determine the sources of PFOA, the routes of exposure, any potential risks, and what voluntary or regulatory actions, if any, would be appropriate to protect human health and the environment.
The principal test sponsor for the fluoropolymers incineration testing is the Fluoropolymer Manufacturers Group. The companies within the fluoropolymer group that signed the Enforceable Consent Agreement, committing them to testing, are: AGC Chemicals Americas, Inc., Daikin America, Inc., Dyneon, LLC, and E.I. DuPont de Nemours and Company. The principal test sponsor for the fluorotelomer incineration agreement is the Telomer Research Program, which includes AGC Chemicals Americas, Inc., Clariant GmbH, Daikin America, Inc., and E.I. DuPont de Nemours and Company.
PFOA is a processing aid in the manufacture of fluoropolymers, which are used in the manufacture of a wide range of non-stick and stain-resistant surfaces and products. PFOA may also be produced by the breakdown of fluorotelomers, which are used to impart water, stain, and grease resistance to carpets, paper and textiles. Additional information on the consent agreements and PFOA are available from EPA at http://www.epa.gov/opptintr/pfoa/.
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CDC Releases Extensive Survey of Americans’ Exposure to Environmental Chemicals
The Third National Report on Human Exposure to Environmental Chemicals, released by the Centers for Disease Control and Prevention (CDC), shows a significant decline in exposure to secondhand smoke and continued decreases in children’s blood lead levels. The report also suggests the need for more research into health effects of exposure to low levels of cadmium.
“This is the most extensive assessment ever of Americans’ exposure to environmental chemicals; it shows we’re making tremendous progress, and that’s good news,” said CDC Director Dr. Julie Gerberding. “Exposure to secondhand smoke continues to plummet and blood lead levels in children are way down. However, many challenges remain. CDC is steadfast in its commitment to health protection, including protection from environmental threats.”
Levels of a chemical called cotinine, which is a marker of exposure to secondhand smoke in nonsmokers, have dropped significantly since levels were first measured from 1988 to 1991. Compared with median levels for 1988-1991, median cotinine levels measured from 1999-2002 have decreased 68% in children, 69% in adolescents, and about 75% in adults. Still, some populations remain at greater risk; the third report shows that non-Hispanic blacks have levels twice as high as those of non-Hispanic whites or Mexican Americans, and children’s levels are twice as high as adults’ levels.
New data on blood lead levels in children aged 1-5 years show that for 1999-2002, 1.6% of children aged 1—5 years had elevated blood lead levels (levels of 10 micrograms per deciliter or greater – the CDC blood lead level of concern). This percentage has decreased from 4.4% in the early 1990s.
“Lowering blood lead levels in children is one of the major environmental health accomplishments of the past 30 years; however, CDC is still concerned about exposure to lead from lead-based paint and lead-contaminated house dust, soil and consumer products,” said Dr. Jim Pirkle, Deputy Director for Science at CDC’s Environmental Health Laboratory. “There is no safe blood lead level in children. Children are best protected by controlling or eliminating lead sources before they are exposed.”
Recent studies have shown that urine levels of the metal cadmium as low as 1 ug/g of creatinine may be associated with subtle kidney injury and an increased risk for low bone mineral density. The report shows that about 5% of the U.S. population aged 20 years and older had urinary cadmium at or near these levels. Cigarette smoking is the likely source for these higher cadmium levels. More research is needed on the public health consequences of these levels in people in this age group.
For this year’s report, CDC’s Environmental Health Laboratory measured 148 chemicals – 38 of which have never been measured in the U.S. population – or their breakdown products (metabolites) in blood or urine. The samples were collected from approximately 2400 people who participated in CDC's National Health and Nutrition Examination Survey (NHANES) from 1999 -2002. NHANES is an ongoing national health survey of the general U.S. population. The report provides exposure data on the U.S. population by age, sex, and race or ethnicity.
In addition to lead and cadmium, the report includes extensive data for such chemicals as mercury, lead, cadmium, and other metals; phthalates; organochlorine pesticides; organophosphate pesticides; pyrethroid insecticides; herbicides; polycyclic aromatic hydrocarbons; dioxins and furans; polychlorinated biphenyls; and phytoestrogens.
CDC conducts this research to learn more about the effectiveness of public health interventions and better understand the health risks of exposure to chemicals in the environment. Research separate from the report’s findings is needed to determine the relationship between levels of chemicals in the blood or urine and health effects. The results presented in this and future reports will help set priorities for research on human health risks resulting from exposure to environmental chemicals.
The report is available at http://www.cdc.gov/exposurereport/.
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More Than Half of U.S. Population Sensitive to One or More Allergens
More than fifty percent of the U.S. population tested positive to one or more allergens, according to a large national study. The new findings, based on data from the third National Health and Nutrition Examination Survey (NHANES III), shows that 54.3% of individuals aged 6-59 years old had a positive skin test response to at least one of the 10 allergens tested. The highest prevalence rates were for dust mite, rye, ragweed, and cockroach, with about 25% of the population testing positive to each allergen. Peanut allergy was the least common, with 9% of the population reacting positively to that food allergen.
The new findings published in the August issue of the Journal of Allergy and Clinical Immunology were conducted by researchers at the National Institute of Environmental Health Sciences (NIEHS) and the National Institute of Allergy and Infectious Diseases, both components of the National Institutes of Health.
A positive skin test result may mean the individual is more vulnerable to asthma, hay fever, and eczema. "Asthma is one of the world's most significant chronic health conditions," said David A. Schwartz, MD, the NIEHS Director. "Understanding what may account for the rising worldwide asthma rates will allow us to develop more effective prevention and treatment approaches."
NHANES III is a nationally representative survey conducted by the Centers for Disease Control and Prevention between 1988-1994 to determine the health and nutritional status of the U.S. population. Approximately 10,500 individuals participated in the skin testing. During these tests, skin was exposed to allergy-causing substances (allergens) and a positive test was determined by the size of the reaction on the skin. The 10 allergens tested include: Dust mite, german cockroach, cat, perennial rye, short ragweed, Bermuda grass, Russian thistle, White oak, Alternia alternata, and peanuts.
Researchers also compared skin test responses between NHANES III and the previous survey, NHANES II, conducted from 1976-1980. The prevalence of a positive skin test response was much higher in NHANES III than in NHANES II.
According to the lead author, Samuel J. Arbes, Ph.D. of NIEHS, "An increase in prevalence is consistent with reports from other countries and coincides with an increase in asthma cases during that time." In the U.S., the prevalence of asthma increased 73.9% from 1980 to 1996. However, Dr. Arbes was quick to point out that differences in skin test procedures between the two surveys prevent the authors from definitively concluding that the prevalence of skin test positivity has increased in the U.S. population.
"There is still much we don't understand about why some people become sensitized to allergens and others do not," said Darryl C. Zeldin, MD, senior author on the paper. "Much more research is needed in order for us to understand the complex relationships between exposures to allergens, the development of allergic sensitization, and the onset and exacerbation of allergic diseases such as asthma."
The researchers recently added an allergy component to NHANES 2005-2006. In addition to the other NHANES data collection components, dust samples from the homes of 10,000 individuals are being analyzed for allergens, and blood samples taken from these individuals are being examined for antibodies to those allergens. This new NHANES 2005-2006 allergy component will allow researchers to gain a greater understanding of asthma and the roles that indoor allergens play in asthma and other allergic diseases.
NIEHS, a component of the National Institutes of Health, supports research to understand the effects of the environment on human health. NIAID supports basic and applied research to prevent, diagnose and treat infectious diseases such as HIV/AIDS and other sexually transmitted infections, influenza, tuberculosis, malaria and illness from potential agents of bioterrorism. NIAID also supports research on transplantation and immune-related illnesses, including autoimmune disorders, asthma and allergies.
For more information about allergens and other environmental health topics, please visit the NIEHS website at http://www.niehs.nih.gov/ or the NIAID website at http://www3.niaid.nih.gov/.
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New Tests to Detect Previously Undetectable Bacteria
New test methods proposed today by the Environmental Protection Agency will lead to the detection of four types of bacteria in wastewater and sewage sludge. EPA's proposal centers on culture-based approaches to detecting enterococci and Escherichia coli (E. coli) in wastewater. Additional tests will identify salmonella and fecal coliform bacteria in sewage sludge. The bacteria are seen as "health indicators" that point to possible contamination and the need for further investigation and treatment.
Until now, no EPA-approved tests were available to detect these bacteria in wastewater. The new tests will yield results within 24 hours and provide treatment facilities with an indication of the effectiveness of their treatment techniques.
"These tools have proved reliable through extensive testing and verification. They will increase our confidence in test results that detect bacteria in waste water and sewage sludge," said EPA Assistant Administrator Ben Grumbles. "Once these procedures are in place, they will better protect the public, particularly children who are often more vulnerable to bacteria-caused illnesses in water."
Information about this and other water analytical methods are available at: http://www.epa.gov/waterscience/methods.
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DOT Website Assists Persons with Disabilities for Emergency Preparedness
The DOT launched a new web site containing information to help ensure safe and secure transportation for persons with disabilities in the event of a disaster or emergency. The new site includes advice on emergency preparedness, transportation accessibility, and evacuation methods for certain modes of transportation, such as rail and transit systems. Disabled individuals can learn how to react in situations ranging from evacuations of mass transit systems to being trapped in a car during a blizzard or hurricane.
The site also includes links to Department of Homeland Security web pages that provide information on preparing for specific emergencies, including natural disasters such as severe weather, fire and earthquakes, as well as man-made disasters such as spills of hazardous materials. In addition, the site also provides information for transportation providers on how to respond to the unique needs of people with disabilities during an emergency.
The new site was developed in response to an executive order issued by President Bush on July 22, 2004, which directed federal agencies to support safety and security for individuals with disabilities during natural and man-made disasters.
The web address is http://www.dotcr.ost.dot.gov/asp/emergencyprep.asp.
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State News
Air
Washington - Puget Sound Clean Air Agency
Final rule of the Puget Sound Clean Air Agency amends Regulation I, Section 5.07 and 6.04, to adjust registration and construction fees. The rule is effective Aug. 1, 2005.
New Mexico - SIP
Final rule of the EPA amends regulations under 40 CFR 52.1620 and 52.1627 to approve revisions to the New Mexico SIP. The revisions modify the second 10-year carbon monoxide maintenance plan for the Albuquerque/Bernalillo County area and revise the relevant portions of the New Mexico Administrative Code, including the general provisions, inspection and maintenance program, and contingency measures. The rule is effective Aug. 22, 2005.
Ohio - Air Pollution Control/Permit-to-Install Exemptions
Final rule of the Ohio EPA amends regulations under OAC 3745-31-03 regarding permit-to-install exemptions. The rule incorporates six new permit-by-rule provisions and modifies several permanent exemptions to exempt owners or operators of various types of low-emitting air pollution sources from the need to obtain a permit-to-install. The rule is effective July 29, 2005.
Colorado - SIP/Fort Collins
Final rule of the EPA amends regulations under 40 CFR 52.320 to make a technical correction to a July 22, 2003, direct final rule (68 FR 43316) that approved a request to redesignate the Fort Collins, Colo., moderate carbon monoxide (CO) nonattainment area to attainment for the CO NAAQS. The current action corrects the inadvertent submission of unnecessary pages from Regulation No. 13 regarding the oxygenated fuels program for incorporation by reference into the SIP. The rule is effective Aug. 1, 2005.
Washington - SIP/Spokane Area
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.2470 and 81.348 to approve a request to redesignate the Spokane, Wash., particulate matter (PM-10) nonattainment area to attainment for the PM-10 NAAQS. The rule also approves the limited maintenance plan for the area as a revision to the Washington SIP. In addition, the rule approves provisions of the Spokane nonattainment area moderate area plan for windblown dust sources. The rule is effective Aug. 30, 2005, if no adverse comments are received by Aug. 1, 2005.
Maryland - SIP
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.1070 to approve revisions to the Maryland SIP. The revisions clarify the applicability and compliance methods for particulate matter standards for fuel-burning equipment. The rule is effective Sept. 6, 2005, if no adverse comments are received by Aug. 5, 2005.
Delaware SIP
Direct final rule of the EPA amends regulations under 40 CFR 52.420 to approve revisions to the Delaware SIP. The revisions modify the ambient air quality standards for ozone and fine particulate matter. The rule is effective Sept. 16, 2005, if no adverse comments are received by Aug. 17, 2005.
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 and 63 as of March 31, 2005. The rule is effective July 1, 2005.
Utah - SIP/Salt Lake City Area
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.2320 to approve revisions to the Utah SIP. The revisions consist of the maintenance plan for the Salt Lake City carbon monoxide (CO) maintenance area, transportation conformity budgets for the years 2005 and 2019, the vehicle inspection and maintenance program for Salt Lake County, and amendments to state regulations under R307-110-12 and R307-110-33. The rule is effective Sept. 30, 2005, if no adverse comments are received by Aug. 31, 2005.
Missouri - SIP
Final rule of the EPA amends regulations under 40 CFR 52 to approve a revision to the Missouri SIP. The revision modifies the statewide NOx rule to change the compliance date, emissions limits, and dates for generation and use of early reduction credits. The rule is necessary to reduce the state's contribution to the St. Louis eight-hour ozone nonattainment area and the amount of PM-2.5 precursors in the area. The rule is effective Aug. 12, 2005.
Hazardous Materials/Waste
Idaho - Hazardous Waste Management Program
Final rule of the EPA amends regulations under 40 CFR 271 to grant final authorization of revisions to the Idaho hazardous waste program under RCRA. The revisions incorporate changes to EPA standards as of June 1, 2003. The agency has determined that the changes satisfy all requirements needed to qualify for final authorization. The rule is effective July 22, 2005.
Maine - Handling and Recycling of Electronic Wastes
Proposed rule of the Department of Environmental Protection would amend regulations under MAC Chapters 415 regarding handling and recycling electronic wastes. The proposal would establish a collection and recycling system that ensures the safe and environmentally sound handling, recycling, and disposal of television and computer monitors. A hearing is scheduled for Aug. 18, 2005, in Augusta.
Louisiana - Department of Environmental Quality Rules
Final rule of the Department of Environmental Quality, Office of Environmental Assessment, amends regulations under 33 LAC I.4503, I.4705, III.5151, V.529 through V.4901 (nonconsecutive), VII.115, VII.721, IX.2505, XI.103, XI.1121, and XI.1139 to update standards affecting laboratory accreditation, air, hazardous waste and hazardous materials, solid waste, water quality, and underground storage tanks. The rule clarifies language, makes editorial corrections, and updates standards to show consistency with other provisions. The rule is effective July 20, 2005.
Minnesota - Permits/Hazardous Waste
Final rule of the Pollution Control Agency amends regulations under MNR 7001.0520 and 7045.0020 through 7045.1400 (nonconsecutive) to incorporate amendments to federal universal waste standards, with some additional, state-only requirements. The rule also establishes optional alternative standards for handlers of lamps, batteries, pesticides, and thermostats. The rule is effective July 25, 2005.
Tennessee - Hazardous Waste Management
Final rule of the Department of Environment and Conservation, Division of Solid and Hazardous Waste Management, amends regulations under RRT 1200-1-11 regarding hazardous waste management to incorporate revisions to EPA requirements as of June 30, 2004. The rule revises definitions; clarifies language; removes obsolete sections; and makes technical and editorial corrections concerning oil contaminated with polychlorinated biphenyls, mixtures of conditionally exempt small quantity generators waste and used oil, and recordkeeping requirements for shipments of used oil by initial marketers. The rule also exempts air emissions from certain activities covered by national emission standards for hazardous air pollutants. In addition, the rule clarifies how to obtain a certain chromium exclusion and application review fee, deletes outdated waste minimization language, clarifies that used oil fill lines visually separated from tanks must be labeled on both sides of the obstruction, and includes similar inspection and recordkeeping requirements for 180-day storage for a small-quantity generator as those currently required for 90-day storage of hazardous wastes. The rule is effective Aug. 23, 2005.
Water
Texas – Water Quality
Notice of the Texas Commission on Environmental Quality announces the availability of the Texas Nonpoint Source Management Program document. The document identifies management measures that will be undertaken to reduce and prevent pollutant loadings from nonpoint source pollution.
Health and Safety
Virginia - Telecommunications
Notice announces the intention of the Department of Labor and Industry, Safety and Health Codes Board, to adopt regulations under a new Chapter 16 VAC 25-75 and amend regulations under 16 VAC 25-90 to establish a new standard for telecommunications and revise the general industry standard for telecommunications. The proposal would establish requirements for telecommunications employees working near power lines consistent with the general industry standard for electric power generation, transmission, and distribution under 16 VAC 25.1910.269. Comments are due Aug. 11, 2005.
Michigan - Telecommunications Industry
Final rule of the Department of Labor and Economic Growth, Director's Office, adopts regulations under a new Section MAC 325.66401 to rescind Rule 6701 regarding occupational health standards for the telecommunications industry. The rule is effective July 17, 2005.
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Web Sightings
Safety and Health Bulletin Focuses on Excavator Bucket Hazards
OSHA has published a new Safety and Health Information Bulletin to highlight specific workplace hazards. OSHA's Madison, Wisc., Area Office recently investigated a fatal accident where an excavator bucket was released unexpectedly from a quick coupler. The Hazards of Inadequately Securing Hydraulic Excavator Buckets When Using Quick Coupling Devices outlines specific methods for workers and employers to address the hazards and prevent further accidents. http://www.osha.gov/dts/shib/shib072205a.html.
Government Accountability Office (GAO) Report
Environmental Justice: EPS Should Devote More Attention to Environmental Justice When Developing Clean Air Rules. GAO-05-289, July 25 http://www.gao.gov/cgi-bin/getrpt?GAO-05-289. Highlights - http://www.gao.gov/highlights/d05289high.pdf.
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Compliance Question of the Week
When completing the off site consequence analysis for a Risk Management Plan, how does the owner or operator determine the worst case release quantity?
For substances in vessels, the worst case release quantity is the largest amount present in a single vessel. For substances in pipes, the worst case release quantity is the largest amount in a pipe. Facilities may take into account administrative controls that limit the maximum quantity (Section 68.25(b)).
For compliance assistance, contact Kelly at krmurray@mactec.com or your local MACTEC office.
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Why MACTEC?
MACTEC’s staff of environmental engineers, industrial hygienists, scientists, safety engineers and technicians is one of the most comprehensive in the industry, with real world experience in nearly all environmental, health and safety issues. We have demonstrated our forward and strategic thinking, superior technical capabilities, proven experience, creative and innovative approaches to EHS issues faced by industry today. MACTEC's significant strengths include the following:
Emphasis on Client Service – Project managers at MACTEC understand that their obligations are to our clients' needs, and that responsiveness is mandatory, not optional;
Client Advocacy – More than any other skill, MACTEC prides itself in its managers' and technical staff's abilities to advocate their industrial clients' positions before regulatory agencies through the development and delivery of strong technical arguments, effective negotiations and supportive technical reports;
Creative Thinking and Application of Innovative Techniques – MACTEC project managers are encouraged to "push the envelope" by looking at issues from a different perspective and attempting to apply new ideas to existing problems;
Strong Project Management – MACTEC has implemented hundreds of environmental health and safety projects successfully and on schedule, identifying substantial opportunities for cost savings, and bringing a significant number in under budget; and
Communications Skills – Our experience is that project problems rarely occur in situations where the client and consultant (and, at times, regulatory agency) engage in frequent communication regarding project progress, schedule, budget, etc. MACTEC personnel are trained to communicate with their clients on a frequent basis.
Bottom line, MACTEC is the best choice you can make when selecting a consultant to provide environmental health and safety services.
Office Locations - http://www.mactec.com/About/Offices.aspx
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