Environmental, Health and Safety Compliance Newsletter
September 09, 2005 - Volume 3, Number 13
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. (249kb PDF)
In this issue
Questions about managing pollution runoff, increasing wildlife habitat and controlling invasive species in the nation's estuaries are among those addressed in a new Environmental Protection Agency handbook released at the White House Conference on Cooperative Conservation in St. Louis.
Community-Based Watershed Management: Lessons from the National Estuary Program is an update to Saving Bays and Estuaries, published in 1989. While the new handbook focuses on estuaries, its principles and examples are relevant to any organization involved in watershed management.
The 98-page handbook describes innovative approaches developed and conducted by the 28 National Estuary Programs, which are community-based watershed-management organizations that restore and protect coastal watersheds. Topics covered range from starting a program, identifying problems and solutions to plan development and action steps.
"We anticipate that this handbook will be a useful tool for watershed protection," said EPA Assistant Administrator for Water Benjamin H. Grumbles. "It's an A-to-Z, how-to guide for everyone involved in estuary management as well as those interested in the protection of non-coastal watersheds."
Estuaries and the lands surrounding them are where rivers meet the sea, and where fresh water meets salt water. The National Estuary Program centers on four areas of the United States: Northeast, Middle and South Atlantic, Gulf of Mexico, and the West Coast.
Community-Based Watershed Management is on EPA's website and can be downloaded at: http://www.epa.gov/owow/estuaries/nepprimer. For more information about the National Estuary Program, go to: http://www.epa.gov/owow/estuaries/.
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Preliminary Effluent Guidelines Plan for 2006
A Federal Register notice was signed on August 19, 2005, requesting comment on a preliminary plan for the 2006-07 effluent guidelines planning cycle. The plan describes the Agency’s approach to revising or developing ef fluent guidelines over the coming years. You can find a pre-publication version of the FR Notice at http://www.epa.gov/guide/plan.html. EPA will hold an informational public meeting on this preliminary Plan on September 20 from 9 until noon in the EPA East Building, Room 1153, and 1201 Constitution Avenue, NW, Washington, DC.
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As business and industry officials return to their facilities in the wake of Hurricane Katrina, the EPA issued a reminder that spills of hazardous substances must be reported to the National Response Center. The Center is integral to these facilities' long-established procedures in preparedness and planning for natural disasters like hurricanes. The Center serves as the sole point of contact for reporting all oil, chemical, radiological, and biological releases in the United States.
Spills or discharges in the hurricane's aftermath should contact the Center immediately at (800) 424-8802 or (202) 267-2675. The Center is available to take calls 24 hours a day, 7 days a week, and 365 days a year.
The Center supplies EPA's response personnel with incident reports of oil discharges and chemical releases. This information helps EPA determine the Agency's next steps in responding to the natural disaster. The information from the Center's reports, coupled with the Federal Emergency Management Agency's Rapid Needs Assessment, will help EPA ensure the protection of public health and the environment. EPA also coordinates with state and local agencies to support the affected communities.
An additional emergency response tool is the ASPECT plane, which was developed through a partnership between EPA and the Department of Defense. ASPECT, or Airborne Spectral Photometric Environmental Collection Technology, is operated by EPA and provides emergency responders with information on possible chemical releases. The ASPECT plane provides near-real-time data to first responders on the ground. EPA anticipates deploying the plane as soon as conditions allow.
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The U.S. Environmental Protection Agency and other federal, state and local officials are urging individuals to use caution when returning to hurricane-damaged homes and buildings. EPA today issued an advisory to the public that provides general guidance to help address potential hazards in structures damaged by hurricane Katrina.
EPA urges the public to be on the alert for leaking containers and reactive household chemicals, like caustic drain cleaners and chlorine bleach, and take the following necessary precautions to prevent injury or further damage:
Keep children and pets away from leaking or spilled chemicals. Do not combine chemicals from leaking or damaged containers as this may produce dangerous or violent reactions. Do not dump chemicals down drains, storm sewers or toilets. Do not attempt to burn household chemicals. Clearly mark and set aside unbroken containers until they can be properly disposed of Leave damaged or unlabeled chemical containers undisturbed whenever possible.
Individuals should exercise caution when disturbing building materials to prevent physical injury or other health effects. Building materials may contain hazardous materials such as asbestos that when carried by the air can be breathed in and cause adverse health effects. If it is suspected that asbestos containing materials may be present, they should not be disturbed. Asbestos containing materials include the following:
- boiler/pipe insulation
- fireproofing
- floor tiles
- asbestos roofing
- transite boards used in laboratory tabletops and in acoustics in auditoriums, music rooms and phone booths.
Federal, state and local personnel are being deployed to the hurricane-affected areas to establish debris-management programs, including household hazardous waste collection and disposal programs. These efforts may take days or weeks to come to all communities. In the meantime, EPA urges the public to exercise caution and report concerns to local environmental, health and waste disposal authorities.
For more information, the public can go to http://www.fema.gov/regions/iii/env/debris.shtm. Government officials can get information on managing hurricane debris at http://www.epa.gov/epaoswer/non-hw/muncpl/disaster/disaster.txt
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There is no one-size-fits-all solution for business resumption following a disaster. However, the American Society of Safety Engineers (ASSE) offers this disaster safety checklist to assist businesses before, during and after a disaster, such as Hurricane Katrina.
Following a disaster, all businesses should do a hazard evaluation and assessment performed by an occupational safety professional which would include the following:
STRUCTURAL SECURITY: Have the structural integrity of the building or facility validated by qualified professionals before anyone enters the facility.
SAFE ENTRY: Contact the proper government agencies to get approval to resume occupancy of the building. Do not enter a facility or building unless the proper clearances have been attained.
CLEAN-UP SAFETY: Implement your clean-up and business resumption processes in a safe and healthful manner. You will accomplish nothing if your employees are injured or killed during the post-disaster phase-in period. Provide training in proper selection and use of Personal Protective Equipment (PPE) for your employees and yourself such as eyewear, gloves, boots and dust masks/respirators for cleaning, and where appropriate in other operations.
AIR QUALITY ASSESSMENT: Make sure the atmosphere in the workplace environment is tested for asbestos and other chemical/toxic agents. Air quality is an issue businesses may wish to pay careful attention to when restarting business operations.
VENTILATION: Have vents checked to assure that water heaters and gas furnaces are clear and operable. Dust and debris can stop or impede air flow decreasing its quality and healthfulness. Safely start-up heating, ventilation and air conditioning (HVAC) systems, which includes prior inspection of lines before energizing and pressurizing of the systems. Test your systems now after inspection or have a qualified specialist do so. Blow cold air through HVAC systems first, as opposed to warm air, as it will help prevent the growth of mold in duct systems.
INTERIOR, EXTERIOR EXPOSURES: For interior spaces, ensure no wall or ceiling materials are in danger of falling. If such exposures do exist, the work environment is not ready for occupancy. Check for cracked windows and outside building materials, as these could fall onto pedestrians at any time -- now and in the future.
PROTECTION EQUIPMENT: For fire and smoke alarms it is important to assure that these have been cleaned and tested before allowing occupancy of the building. If such systems are wired into other systems ensure that they are still compatible and work in an efficient and effective manner. Thorough inspection of fire-fighting systems such as sprinkler and chemical equipment functions is a must do item.
ELECTRICAL SAFETY: Have checks made of electrical systems, computer cables and telecommunications' equipment to ensure that they are still safe and there is no danger of exposure to electricity. Wiring inspections should be conducted from the outside in to ensure all wiring and connections are not in danger of shorting out due to water damage from rain or fire-fighting efforts.
USE EXISTING FEDERAL GUIDELINES: Utilize existing start-up guidance materials provided by government agencies such as the Federal Emergency Management Agency (FEMA), http://www.fema.gov and the National Institute for Occupational Safety and Health (NIOSH), http://www.cdc.gov/niosh.
HEALTH/SANITATION ISSUES: The general facility sanitation systems with the facility should be inspected and tested to guard against potential employee exposure to toxic agents. Food sanitation should also be an issue. Any unused foodstuffs should be discarded. If the workspace has a kitchen, inspect oven hoods and other ventilation devices to ensure they are not clogged and are working efficiently.
OFFICE FURNITURE: Inspect the furniture to ensure it can withstand expected loads and usages. Ensure that binder bins (storage devices screwed or bolted to railing systems on walls and panels) have not become unstable due to water damage or shaking due to explosions. Inspect office equipment to ensure it is level, stable, and cannot tip over.
LIGHTING: Make sure there are adequate illumination levels for employees. Emergency lighting should be checked to ensure it operates and functions in the correct manner.
EMERGENCY PLANNING: Ensure that there is a clear path of egress for the emergency evacuation of employees, that the fire extinguishers are still operable, and that checks for damage and serviceability are made to see if any fire extinguishers' facilities were used during the disaster. If damage is found, they should be replaced immediately.
SOLID/HAZARDOUS WASTE REMOVAL: Broken glass, debris, or other materials with cutting edges should be safely gathered and disposed of immediately. Ensure that such materials can be disposed of before collection to avoid creating even bigger hazards for both employees and the public. Solid waste disposal will be an issue, especially if hazardous waste is involved. Evaluate waste disposal issues prior to beginning clean-up operations to ensure it can be properly disposed of.
POWER CHECKS: If there is no access to electricity on the site, do not use fueled generators or heaters indoors. Ensure that there are no gas and sewer leaks in your facility. You will need to check with your local utilities for information regarding power, gas, water, and sewer usage.
CHECK MAINFRAMES: If your facility has mainframe computer applications - see that lines and cabling for chiller systems are checked to avoid chemical leak out.
EMERGENCY PROCEDURES: Create a new emergency plan and distribute it to employees as soon as they return to work. In case of emergency, designate a place for employees to gather once out of the building or a phone number they should call following the emergency so that all can be accounted for. Frequently update the emergency contact list of names and phone numbers.
MACHINE INSPECTIONS: Inspect the condition of drain, fill, plumbing, and hydraulic lines on processes and machines. It would be prudent to have plumbing lines evaluated and tested in order to detect any hazardous gases.
SURFACES: Make sure flooring surfaces are acceptable and free from possible slips, trips and falls. Falls are the second leading cause of on-the-job deaths in the U.S. and according to the Bureau of Labor Statistics fatal work injuries involving falls were up 17 percent in 2004. ANSI standard A1264 - protection of floor and wall openings -- is a good starting point to help prevent falls.
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Precautions for working safely during storm and flood clean-up, and resources for assessing and addressing potential clean-up risks, are spotlighted on the NIOSH Web page. Preventing injury, illness, and death from electrical hazards, carbon monoxide, and heat stress are among the issues highlighted. These resources are designed to be useful in the field for workers involved in clean-ups such as those that will follow in the wake of the devastation in New Orleans and along the Gulf Coast from Hurricane Katrina. The storm and flood clean-up page can be found at http://www.cdc.gov/niosh/topics/flood.
Other important web-based resources for safety and health in relief and clean-up from Hurricane Katrina are available from:
The U.S. Centers for Disease Control and Prevention (CDC): http://www.bt.cdc.gov/disasters/hurricanes/index.asp
The U.S. Department of Health and Human Services: http://www.hhs.gov/emergency/hurricane.html
The Occupational Safety and Health Administration (OSHA): http://www.osha.gov/OshDoc/hurricaneRecovery.html
The Federal Emergency Management Agency (FEMA): http://www.fema.gov/press/2005/katrinaemergency.shtm
The U.S. Department of Homeland Security: http://www.dhs.gov/dhspublic/display?theme=16&content=4768
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OSHA is extending until Nov. 7, 2005, the comment period for its lead in construction standard that requires testing for lead exposures, provisions to protect workers from exposure where lead is present, and medical monitoring of exposed workers. The two-month extension was announced in the Aug. 29, 2005, Federal Register. OSHA is conducting its regulatory review of the lead in construction standard under Section 610 of the Regulatory Flexibility Act and Section 5 of Executive Order 12866. The 60-day extension will allow the public more time to help the agency determine if the standard is needed and, if so, whether it should be amended. More information is available on the web at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=18411.
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NIOSH approved or extended existing approvals for 22 industrial respirators and 2 chemical, biological, radiological and nuclear (CBRN) respirators in the month of July. Forty-seven units were submitted for initial approval or extension of approval. NIOSH completed 60 product investigations or audits since June in its National Personal Protective Technology Laboratory, and the Certified Product Investigation Process (CPIP) program closed 68 user-generated investigations of device failure or other user-concern. User notices are posted at http://www.cdc.gov/niosh/npptl/usernotices/. More information on the certification process can be found at http://www.cdc.gov/niosh/npptl/.
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A total of 5,703 U.S. workers died from occupational injuries in 2004, an increase of two percent from the revised total of 5,575 fatalities reported in 2003, according to the Bureau of Labor Statistics (BLS).
In its annual census of fatal occupational injuries, released Aug. 25, BLS reported that the rate of fatal injuries in the workplace also rose, from 4.0 to 4.1 per 100,000 workers, the first such increase since 1994. The number of workplace fatalities has now risen 2 years in a row. The last time this happened was1994.
Despite the rising rate and numbers of death on the job, the 2004 figure of 5,703 represents the third lowest annual total recorded by the government since it began the fatality census in 1992.
Other highlights of the BLS report:
- Fatal work injuries among Latino workers were up 11 percent in 2004, after falling the two previous years;
- The rate of fatal work injuries among Latino workers also rose from 4.5 to 4.9 per 100,000 workers;
- Fatal falls shot up 17 percent last year, to a total of 815 – the highest annual total ever reported by the fatality census for this type of injury;
- The construction industry recorded 1224 fatal workplace injuries, the most of any industry sector and an increase of 8 percent from 2003;
- The number of workers killed on the job in the manufacturing sector rose 9 percent, from 420 in 2003 to 459 last year;
- Fatal highway incidents rose slightly in 2004, from 1353 to 1374, reversing a two-year trend of declines in the category that accounts for the largest number of fatal occupational injuries;
- The number of workplace homicides fell sharply, from 632 in 2003 to 551 in 2004 – the lowest annual total yet recorded by the fatality census.
The full BLS census of fatal occupational injuries report is available online at: http://www.bls.gov/news.release/cfoi.toc.htm.
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Findings from a new NIOSH study add to the body of scientific evidence for exploring whether the risks of certain neurodegenerative diseases are associated with work-related factors. The article, “Potential Occupational Risks for Neurodegenerative Disease,” was published in the July issue of the American Journal of Industrial Medicine (48:63-77). It investigated hypotheses suggested by previous research, which statistically linked certain occupations with higher-than-expected incidences of such diseases. The new results show that about one-third of those occupations had statistically significant elevated mortality odds ratios for the same outcomes, including Alzheimer’s disease and Parkinson’s disease. The abstract for the article can be viewed at http://www3.interscience.wiley.com/cgi-bin/abstract/110520795/ABSTRACT.
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September is National Alcohol and Drug Addiction Recovery Month, and businesses across the country are encouraged to participate. Achieving recovery from alcoholism and drug addiction is a collective effort requiring participation of all sectors of society, including the workplace. A safe workplace is one in which all workers understand that the abuse of alcohol and other drugs poses a significant, but avoidable, threat to their and others' safety. Recovery Month is an opportune time for employers and employees to work together to reinforce that being safe means being drug free, and that, for those with alcohol and drug problems, there is help. The U.S. Department of Labor's Working Partners program offers ideas about ways employers can contribute to the success of the campaign. More information is available on the web at http://www.dol.gov/asp/programs/drugs/said/WhatsNew.asp?ID=1748.
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The Department of Health and Human Services has established a website (https://volunteer.ccrf.hhs.gov/) and toll-free number (1-866-KAT MEDI) to help identify health care professionals and relief personnel to assist in Hurricane Katrina relief efforts.
"The desire of America's health care professionals to use their skills to help Hurricane Katrina's victims has been inspiring,” Secretary Mike Leavitt said. "This website and toll free number are important tools to become part of this network of goodness that is taking place."
Multidisciplinary healthcare professionals and relief personnel with expertise in the following areas are encouraged to visit the website and register to volunteer for appointment by HHS:
- Administration/Finance Officers Nursing Assistants/Nursing Support
- Chaplain/Social Worker Nursing Staff Directors
- Clinical Physicians Patient Transporters/Volunteers
- Dentists Pharmacists
- Dieticians Psychologists
- Epidemiologists Physician's Assistants
- Nurse Practitioners RNs
- Environmental Health Physician Chiefs of Staff
- Epidemiologists Respiratory Therapists
- Facility Managers Safety Officers
- Housekeepers Security Officers
- IT/Communications Officers Social Workers
- LPNs Supply Managers
- Medical Clerks Veterinarians
- Mental Health Workers
You must be healthy enough to function under field conditions. This may include:
- 12-hour shifts
- Austere conditions (possibly no showers, housing in tents)
- No air conditioning
- Long periods of standing
- Sleep accommodations on bedroll
- Military ready to eat meals
These workers will be non-paid temporary Federal employees, and will therefore be eligible for coverage under the Federal Tort Claims Act for liability coverage and Workman's Compensation when functioning as HHS employees. Although there will not be any salary, travel and per diem will be paid.
Volunteers with no healthcare background can find information on volunteering USAFreedomCorps.gov or by calling 1-877-USA-CORPS.
Other Ways You Can Help
Volunteer housing: a place to live http://www.hurricanehousing.org/
Red Cross: donate online http://www.redcross.org/index.html
America ’s Second Harvest: food bank http://www.secondharvest.org/site_content.asp?s=95
NAACP: disaster relief fund http://store.yahoo.com/naacp-donate1/
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RECENTLY PROMULGATED FEDERAL REGULATIONS
Air
Eight-Hour Ozone NAAQS/Early Compact Areas
Final rule of the EPA would amend regulations under 40 CFR 81 to defer until Dec. 31, 2006, the effective date of the eight-hour ozone NAAQS nonattainment designations for specified Early Action Compact areas that have agreed to reduce ground-level ozone pollution earlier than required by the Clean Air Act. The rule is effective Sept. 28, 2005.
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RECENTLY PROMULGATED STATE REGULATIONS
Air
Missouri - Operating Permits
Final rule of the Department of Natural Resources, Air Conservation Commission, amends regulations under 10 MCSR 10-6.065 regarding operating permits. The rule identifies and defines air contaminant sources that are required to obtain operating permits and establishes application procedures and compliance requirements. The rule also streamlines the basic and intermediate operating permits. The rule is effective Sept. 30, 2005.
Connecticut - Abatement of Air Pollution/Operating Permits
Final rule of the Department of Environmental Protection amends regulations under RCSA 22a-174-2a regarding abatement of air pollution standards. The rule streamlines signatory responsibility requirements for the submission of permit applications and related documents under the new source review and the Title V operating permit programs. The rule is effective July 19, 2005.
Georgia - SIP/Atlanta Ozone
Final rule of the EPA amends regulations under 40 CFR 52.570 to approve revisions to the Georgia SIP. The rule determines that the Atlanta severe ozone nonattainment area has attained the one-hour ozone NAAQS based on monitoring data for the years 2002 through 2004. The rule also determines that certain attainment demonstration, reasonable further progress requirements, and related provisions of CAA Title I, Part D, are not applicable to the Atlanta area. In addition, the rule approves the state's severe area vehicle miles traveled SIP. The rule is effective June 14, 2005.
California - Fees
Final rule of the Santa Barbara County Air Pollution Control District amends regulations under Rule 210 to provide an annual fee adjustment based on a consumer price index increase of 3.9 percent. The rule includes fees for electric motors, fuel-burning equipment, electrical energy, incinerators, stationary containers, dry cleaning equipment, motor vehicle gasoline fueling facilities, ethylene oxide sterilizers, rock crushers, and stacker belts. The rule also affects fees for air quality plans, the air toxics program, annual emissions, source tests, sample and laboratory analyses, asbestos demolition and renovation, and other miscellaneous fees. The rule is effective July 1, 2005.
North Dakota - SIP
Direct final rule of the EPA amends regulations under 40 CFR 52.1820 to approve revisions to the North Dakota SIP. The revisions affect portions of the air pollution control rules regarding permitting and prevention of significant deterioration. The rule is effective Oct. 7, 2005, if no adverse comments are received by Sept. 7, 2005.
Arizona - SIP
Final rule of the EPA amends regulations under 40 CFR 52.120 and 81.303 to approve revisions to the Arizona SIP. The revisions substitute the Clean Fuel Fleet Program requirement with the Cleaner Burning Gasoline Program, adopt the serious area one-hour ozone plan, and adopt the one-hour ozone maintenance plan for the Phoenix metropolitan one-hour ozone nonattainment area. The rule also approves Arizona's request to redesignate the Phoenix metropolitan one-hour ozone nonattainment area to attainment. The rule is effective June 14, 2005.
Utah - Definitions
Final rule of the Department of Environmental Quality, Division of Air Quality, amends regulations under R307-101-2 to revise the definition of ''volatile organic compound'' to incorporate amendments to the federal definition. The rule is effective July 7, 2005.
Ohio - SIP/Cincinnati Area
Final rule of the EPA amends regulations under 40 CFR 52 and 81 to approve the state of Ohio's request to redesignate the Cincinnati area to attainment of the one-hour ozone NAAQS and to approve the state's ozone maintenance plan for the area through 2015 as a revision to the Ohio SIP. The rule also approves new VOC emissions controls for various source categories in the Cincinnati area as meeting reasonably available control technology requirements, approves periodic VOC and NOx emission inventories for the Cincinnati area, and finds that the 2015 VOC and NOx motor vehicle emission budgets for the Cincinnati area are approvable and adequate for transportation conformity purposes. The agency is not taking action on Ohio's demonstrations that termination of the vehicle inspection and maintenance (I/M) programs in the Cincinnati and Dayton areas will not interfere with attainment and maintenance of the one-hour ozone NAAQS, or on the state's requests for conversion of the vehicle I/M programs in these areas to contingency measures in the one-hour ozone maintenance plans. The rule is effective June 14, 2005, except for provisions under 40 CFR 52.1870, which are effective July 21, 2005.
Washington - SIP/Spokane Area
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.2475 and 81.348 to approve a request to redesignate the Spokane, Wash., serious carbon monoxide (CO) nonattainment area to attainment for the CO NAAQS. The rule also approves the 10-year maintenance plan for the area as a revision to the Washington SIP. The rule is effective Aug. 29, 2005, if no adverse comments are received by July 29, 2005.
Hawaii - SIP
Regulations under 40 CFR 52.620 and 40 CFR 52.622 and adopts regulations under a new Section 40 CFR 52.620 to revise the format for materials submitted by Hawaii that are incorporated by reference into their SIP. The rule affects ''Identification of Plan'' provisions and SIP materials that are available for public inspection. The rule is effective Aug. 4, 2005.
Texas - SIP/Northeast Texas Area
Final rule of the EPA amends regulations under 40 CFR 52.2270 to approve revisions to the Texas SIP. The revisions consist of the Clean Air Action Plan and the related attainment demonstration for the eight-hour ozone standard for the Northeast Texas Early Action Compact area. The revisions also include agreed orders between the state and three companies regarding control of air pollution in the Northeast Texas area. The rule is effective Sept. 19, 2005.
Missouri - Operating Permits
Final rule of the Department of Natural Resources, Air Conservation Commission, amends regulations under 10 MCSR 10-6.065 that identify and define air contaminant sources that are required to obtain operating permits and establishes application procedures and compliance requirements. The rule streamlines the basic and intermediate operating permits. The rule is effective Sept. 30, 2005.
Mississippi - Emissions Equipment Permits/Deterioration of Air Quality
Final rule of the Department of Environmental Quality amends regulations under APC-S-2 regarding permits for the construction and/or operation of air emissions equipment and the prevention of significant deterioration of air quality. The rule revises state minor source permitting provisions and state minor and major new source permitting provisions to adopt by reference federal standards under 40 CFR 51. The rule is effective Aug. 28, 2005.
New Mexico - SIP/San Juan County
Final rule of the EPA amends regulations under 40 CFR 52.1620 to approve revisions to the New Mexico SIP that incorporate the San Juan County Early Action Compact (EAC) Clean Air Action Plan. The EAC is a voluntary agreement between the New Mexico Department of Environment and the cities of Aztec, Bloomfield, and Farmington in San Juan County. The Clean Air Action Plan consists of emission control measures to ensure that the area achieves compliance with the eight-hour ozone standard. The rule is effective Sept. 16, 2005.
Maryland - SIP/Washington County Area
Final rule of the EPA amends regulations under 40 CFR 52.1070 to approve a revision to the Maryland SIP. The revision consists of an Early Action Compact (EAC) plan to demonstrate attainment and maintenance of the eight-hour ozone NAAQS in the Washington County EAC area. The rule is effective Sept. 16, 2005.
Louisiana - SIP/Shreveport-Bossier City Area
Final rule of the EPA amends regulations under 40 CFR 52.970 to approve revisions to the Louisiana SIP. The revisions incorporate the Shreveport-Bossier City Metropolitan Statistical Area Early Action Compact (EAC) Air Quality Improvement Plan. The EAC is a voluntary agreement between the Louisiana Department of Environmental Quality, the Greater Shreveport Clean Air Citizens Advisory Committee, and EPA to reduce ozone emissions and maintain the eight-hour ozone standard. The rule is effective Sept. 21, 2005.
Oklahoma - SIP/Tulsa Area
Final rule of the EPA amends regulations under 40 CFR 52.1920 to approve a revision to the Oklahoma SIP. The revision incorporates a memorandum of agreement (MOA) between the Oklahoma Department of Environmental Quality and the Indian Nation Council of Governments and includes an attainment demonstration for the eight-hour ozone NAAQS. The MOA describes pollution control measures for the Tulsa Metropolitan Area Early Action Compact area. The rule is effective Sept. 19, 2005.
Washington - SIP/Wallula Area
Final rule of the EPA amends regulations under 40 CFR 52.2475 and 81.348 to approve a request to redesignate the Wallula, Wash., particulate matter (PM-10) nonattainment area to attainment for the PM-10 NAAQS. The rule also approves the maintenance plan for the area as a revision to the Washington SIP. The rule is effective Sept. 26, 2005.
South Carolina - Air Pollution Control
Final rule of the Department of Health and Environmental Control amends regulations under R.61-62.1, .60, .61, and .63 regarding air pollution control. The rule incorporates recent federal changes to 40 CFR 60, 61, and 63 concerning new source performance standards, national emission standards for hazardous air pollutants, and the NESHAP for source categories, as of Dec. 31, 2004. The rule also incorporates revisions to the definition of volatile organic compounds to re flect Nov. 29, 2004, federal standards. The rule is effective Aug. 26, 2005.
Virginia - SIP/ Northern Shenandoah Valley Area
Final rule of the EPA amends regulations under 40 CFR 52.2420 to approve a revision to the Virginia SIP. The revision consists of an Early Action Compact (EAC) plan to demonstrate attainment and maintenance of the eight-hour ozone NAAQS in the Northern Shenandoah Valley ozone EAC area. The rule is effective Sept. 16, 2005.
North Carolina - SIP
Final rule of the EPA amends regulations under 40 CFR 52.1770 to approve revisions to the North Carolina SIP. The revisions provide for attainment and maintenance of the eight-hour ozone standard in the Mountain, Unifour, Triad, and Fayetteville Early Action Compact (EAC) areas pursuant to the EAC protocol. The rule also approves the photochemical modeling used to support the attainment demonstration within the areas and incorporates the local control measures of the Mountain, Unifour, Triad, and Fayetteville EAC area agreements. The rule is effective Sept. 21, 2005.
Colorado - SIP/Denver Area
Final rule of the EPA amends regulations under 40 CFR 52.320 and 52.350 to approve a revision to the Colorado SIP. The revision includes an Early Action Compact ozone plan for the Denver metropolitan area and the related attainment demonstration for the eight-hour ozone NAAQS for the area. The revisions also consist of changes to the state's common provisions regulation, VOC emissions standards, and the motor vehicle emissions inspection program. The rule is effective Sept. 19, 2005.
Texas - SIP/San Antonio Area
Final rule of the EPA amends regulations under 40 CFR 52.2270 to approve revisions to the Texas SIP. The revisions demonstrate attainment of the eight-hour ozone standard and incorporate the San Antonio Early Action Compact Clean Air Plan. The rule also approves the photochemical modeling in support of the attainment demonstration and the associated control measures. The rule is effective Sept. 21, 2005.
Virginia - SIP/Roanoke Area
Final rule of the EPA amends regulations under 40 CFR 52.2420 to approve a revision to the Virginia SIP. The revision consists of an Early Action Compact (EAC) plan to demonstrate attainment and maintenance of the eight-hour ozone NAAQS in the Roanoke Metropolitan Statistical Area EAC area. The rule is effective Sept. 16, 2005.
Oklahoma - SIP/Central Oklahoma Early Action Compact Area
Final rule of the EPA amends regulations under 40 CFR 52.1920 to approve a revision to the Oklahoma SIP. The revision incorporates a memorandum of agreement between the Oklahoma Department of Environmental Quality and the Association of Central Oklahoma Governments and includes an attainment demonstration for the eight-hour ozone NAAQS. The memorandum describes pollution control measures for the Central Oklahoma Early Action Compact area. The rule is effective Sept. 15, 2005.
Water
Maryland – Water Quality General Provisions
Final rule of the Department of the Environment amends regulations under COMAR 26.08.01.01 regarding general provisions for water pollution. The rule provides definitions for new terms to be used in water quality standards. The rule is effective Aug. 29, 2005.
Hazardous Materials/Waste
Illinois - Community Notification About Releases of Hazardous Substances
Illinois Gov. Rod Blagojevich has expanded community-right-to-know obligations for potential polluters, signing legislation July 25 compelling such parties to notify neighboring property owners about exposure risks from migrating contamination. Separately, Blagojevich signed legislation expanding penalties against entities that improperly dispose of asbestos.
The right-to-know measure (S.B. 241, Public Act 94-314) also provides the Illinois Environmental Protection Agency with powers to expedite environmental remediations when the public is at risk. Additional information about the two new Illinois laws on right-to-know obligations and asbestos disposal penalties is available at http://www.ilga.gov.
Minnesota - Permits/Hazardous Waste
Notice of the Pollution Control Agency announces a correction to a July 18, 2005, final rule that amended 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 correction revises provisions under MNR 7045.1400 to clarify the number of lamps that may be accumulated without obtaining financial assurance.
New York - Hazardous Waste Management
Final rule of the Department of Environmental Conservation amends regulations under 6 NYCRR 370 through 374 and 376 regarding hazardous waste management. The rule incorporates new and updated federal hazardous waste management standards as of Jan. 22, 2002. The rule addresses various provisions, including land disposal restrictions, the 180-day accumulation time for wastewater treatment sludges from the metal finishing industry, the hazardous waste management system, the mixed waste rule, mixture and derived-from rules, inorganic chemical manufacturing wastes identification and listing, and corrective action management units. The rule is effective Sept. 6, 2005.
Indiana - Electronic Waste Management
Notice announces the intention of the Department of Environmental Management, Solid Waste Management Board, to adopt regulations under a new Article 329 IAC 16 regarding electronic waste management. The proposal would address collection, reporting, processing, storage, and disposal requirements for waste from electrical or electronic equipment. The proposal also would define terms; set forth minimal requirements, including a registration notice, a pad or plastic cover for waste, run-on and run-off controls, and a closure bond; and specify operational and facility design standards to protect surface water and groundwater. Comments are due Sept. 1, 2005.
Utah - Universal Waste Management
Notice of the Department of Environmental Quality, Division of Solid and Hazardous Waste, announces the five-year review and continuation of regulations under R315-16 regarding universal waste management. The regulations provided standards for the handling of universal wastes, such as waste batteries, mercury-containing thermostats and lamps, and certain pesticides. The action is effective July 19, 2005.
Health and Safety
Idaho - Boiler and Pressure Vessel Standards
Temporary rule of the Department of Consumer and Business Services, Building Codes Division, amends regulations under OAR 918-225-0240, -0430, -0560, and -0660 to adopt current standards of the ASME Boiler and Pressure Vessel Code, the ASME Code for Pressure Piping, and the National Board Inspection Code. The rule is effective July 12, 2005, and expires Sept. 30, 2005.
Oregon - Elevator Safety
Temporary rule of the Department of Consumer and Business Services, Building Codes Division, amends, adopts, renumbers, and suspends numerous regulations under OAR 918-008-0075 through 918-695-0410 (nonconsecutive) to modify the existing certification and licensing system and to implement a new system based on national certifications for building officials, certain inspectors, plan examiners, and third party inspector or plan reviewer licenses. The rule also establishes provisions for consistent code interpretations and appeals, including interpretation of the elevator safety code. The rule is effective July 7, 2005, and expires Dec. 31, 2005.
Pennsylvania - Technical Guidance/Emergency Response Plans
Notice of the Department of Environmental Protection announces a minor revision to a final technical guidance document titled ''Guidelines for Development and Implementation of Emergency Response Plans.'' The changes add regulatory references and update contact information. The revised technical guidance document is effective Aug. 6, 2005.
California - Boiler and Fired Pressure Vessels
Final rule of the Department of Industrial Relations, Occupational Safety and Health Standards Board, amends regulations under 8 CCR 770 to update boiler and fired pressure vessel safety orders and standards governing boiler inspections. The rule allows companies to operate boilers for longer periods of time between shutdowns by enabling them to align their boiler internal inspections with their facility shutdowns while ensuring that equivalent workplace safety requirements are maintained. The rule also specifies that for boilers and process steam generators where metallurgical damage may occur, the department may categorize the boiler or generator as ''unfired'' upon acceptance of a risk engineering analysis submitted by the owner of the boiler. In addition, the rule clarifies that unfired boilers are typically called process steam generators and makes technical and editorial corrections. The rule is effective Sept. 1, 2005.
Wyoming - Construction Safety/Personal Protection Equipment
Final rule of the Department of Employment, Workers' Safety and Compensation Division, amends construction safety standards under Chapter 9, Part 1926.300 through .307, regarding personal protection equipment. The rule incorporates by reference federal standards as of Aug. 4, 2004, regarding hand and power tools. The rule is effective July 29, 2005.
Iowa - Boilers and Pressure Vessels
Final rule of the Division of Labor Services amends regulations under 875 IAC 200.4 regarding boilers and pressure vessels. The rule updates enforcement fees. The rule is effective Sept. 21, 2005.
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Web Sightings
OSHA Safety, Health Bulletin Addresses Various Risks for Hearing-Impaired Workers
Minimizing the risk of miscommunication, injury, and other dangers for hearing-impaired workers can be achieved by taking some practical steps outlined in a safety and health bulletin released by the Occupational Safety and Health Administration. The SHIB, "Innovative Workplace Safety Accommodations for Hearing-Impaired Workers," focuses on emergency and evacuation response considerations and workplace safety and health considerations for these workers.
The safety and health bulletin can be found on OSHA's Web site at http://www.osha.gov/dts/shib/shib072205.html.
Government Accountability Office (GAO) Reports
Environmental Liabilities: EPA Should Do More to Ensure That Liable Parties Meet Their Cleanup Obligations. GAO-05-658, August 17 http://www.gao.gov/cgi-bin/getrpt?GAO-05-658
Highlights - http://www.gao.gov/highlights/d05658high.pdf
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Compliance Question of the Week
How do the RCRA land disposal restrictions define wastewater and nonwastewater?
Wastewater is defined as hazardous waste that contains less than one percent by weight total organic carbon and less than one percent by weight total suspended solids. Nonwastewater is any hazardous waste that does not meet the criteria for wastewater. These definitions are essential for determining which hazardous waste treatability group and treatment standards are applicable in 40 CFR 268.40. For wastewaters, concentration-based treatment standards are typically higher for nonwastewaters than for wastewaters.
For compliance assistance, contact Kelly at krmurray@mactec.com or your local MACTEC office.
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MACTEC Portland Project Team Receives National Safety Council Award
Recently, MACTEC President and CEO Bruce Coles presented Northern Division Manager Ann Massey with an award issued by the National Safety Council (NSC), in recognition of MACTEC’s safety performance at the Connecticut Yankee Atomic Power Company (CYAPCO) Haddam Neck Plant in Haddam, Connecticut. This achievement represents the second Perfect Record Award for safety MACTEC has received from the NSC.
MACTEC has provided technical and regulatory environmental support for several environmental programs at the CYAPCO facility, which is a former nuclear power plant undergoing decommissioning under the Nuclear Regulatory Commission, U.S. Environmental Protection Agency Resource Conservation and Recovery Act (RCRA), and the Connecticut Department of Environmental Protection.
The MACTEC CYAPCO project team has completed over 13,600 hours of on-site work with no recordable incidents. The plant as a whole (including the MACTEC contingent) has also attained over 1,700 days (over 5 million hours) with no lost work. Both the CYAPCO Safety Department and Stone and Webster (union supervisors) have conducted audits to ensure that MACTEC is adhering to all requirements, and have found no deficiencies needing immediate attention. The project team attributes its impressive safety record to: thorough planning of work to be done in a safe manner; training to ensure that team members are alert to potential dangers and are knowledgeable of methods and practices to avoid placing themselves in harm’s way; daily reminders to focus on safety; and carefully following work plans and safety procedures.
The project team has recently completed the last of several large field programs to support the RCRA Facility Investigation (RFI) and is continuing to provide site support to complete several soil remediation projects and quarterly groundwater sampling programs. On-site programs completed to date include:
- Area of Concern (AOC) 11 and AOC 12 Limited Field Investigation (LFI) (800 hours on site);
- Site-wide Limited Field Investigation (LFI) (3,500 hours on site);
- AOC 13 Supplemental Investigation (300 hours on site);
- Six Quarterly Groundwater Sampling Programs (1,500 hours on site);
- AOC 11 Interim Corrective Measure (ICM) and AOC 12 RFI (600 hours on site);
- Evaluating sediments within structures below the water table and in confined spaces (1,200 hours on site); and
- Site-wide RFI and Supplemental RFI (5,700 hours on site)
In addition to the RCRA Corrective Action Program field investigation activities MACTEC is completing (e.g., drilling, well installation, samplings , barge work, test pitting, and soil excavation), there are safety issues concerning daily site activities associated with the decommissioning program being completed by CYAPCO, including: demolition of buildings; large soil excavations to support radiological remediation; moving of spent nuclear fuel and Greater than Class C Wastes; and the constant changing conditions associated with the removal of radiological wastes and site structures.
Congratulations to all the Portland office personnel who contributed to this significant safety achievement!
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