Environmental, Health and Safety Compliance Newsletter
November 17 , 2005 - Volume 3, Number 14
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. (132kb PDF)
In this issue
EPA recently released its regulatory agenda, which summarizes the rules that are in progress. The following are some of the regulations in progress under the Resource Conservation and Recovery Act (RCRA) and the Emergency Planning and Community Right to Know Act.
Resource Conservation and Recovery Act (RCRA)
- Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers
- Increase Metals Reclamation From F006 Waste Streams
- Hazardous Waste Management System: Identification and Listing of Hazardous Waste (F019 Listing Amendment in Wastewater Treatment Sludges From Zinc Phosphating Processes in Automotive Assembly Plants)
- Rulemaking to Streamline Laboratory Waste Management in Academic and Research Laboratories
- Expanding the Comparable Fuels Exclusion Under RCRA
- Criteria for Safe and Environmentally Protective Use of Granular Mine Tailings
- Incentives for Performance Track Members
- Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials
- RCRA Burden Reduction Initiative
- Regulation of Hazardous Oil-Bearing Secondary Materials from Petroleum Refining Industry and Other Hazardous Secondary Materials Processed in a Gasification System to Produce Synthesis Gas
- Modifications to RCRA Rules Associated with Solvent-Contaminated Industrial Wipes
- Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste Regulations
- Revisions to the Definition of Solid Waste
- Management of Cement Kiln Dust
- Standards for the Management of Coal Combustion Wastes--Non-Power Producers and Minefilling
- Revisions to Solid Waste Landfill Criteria--Leachate Recirculation on Alternative Liners
- RCRA Smarter Waste Reporting
- E-Cycling Pilot Project for Region 3 States (ECOS); Streamlining RCRA Regulations To Encourage Reuse, Recycling, and Recovery of Electronic Equipment
- Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum Contaminated Media and Debris From Underground Storage Tanks
- Hazardous Waste Generator Program Evaluation
- RCRA Subtitle C Financial Test Criteria
- Revisions of the Lead-Acid Battery Export Notification and Consent Requirements
- Hazardous Waste Manifest Revisions--Standards and Procedures for Electronic Manifests
Emergency Planning and Community Right to Know Act (EPCRA – SARA Title III)
- Emergency Planning and Community Right-To-Know Act: Modification to the Threshold Planning Quantity Methodology for the Extremely Hazardous Substances That Are Solids in Solution
- Toxics Release Inventory Reporting Burden Reduction Rule
- TRI; Response to Petition to Delete Chromium, Antimony, Titanate from the Metal Compound Categories Listed on the Toxics Release Inventory
- TRI; Response to Petition to Delete Acetonitrile from the Toxics Release Inventory List of Toxic Chemicals
- Rulemaking to Change Toxic Release Inventory (TRI) Reporting Requirements from Standard Industrial Classification (SIC) Codes to North American Industrial Classification System (NAICS) Codes
- Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for Individual Members of the Dioxin and Dioxin-Like Compounds Category Under EPCRA, Section 313
- Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule
- Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Extraction and Beneficiation
- TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic Chemicals
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As part of the nationwide effort to improve air quality, EPA issued rules and guidance to state, local and tribal governments on how to develop plans to reduce ozone pollution in areas that do not meet EPA's health-based standards.
"This rule signifies EPA's commitment to working with communities to develop cost effective plans," EPA Acting Assistant Administrator for Air and Radiation Bill Wehrum said. "As our ozone rule and other clean air rules take effect, Americans will be able to work, exercise and play in cleaner, healthier air."
The Phase 2 Ozone Implementation Rule outlines emissions control and planning requirements for states to address as they develop their plans showing how they will reduce ozone pollution to meet the 8-hour ozone standard.
The reduction of ozone pollution is an important element of EPA's national clean air strategy. The strategy includes EPA's recent Clean Diesel Program to reduce pollution from highway, nonroad and stationary diesel engines, the Clean Air Interstate Rule to reduce pollution from power plants in the eastern United States, and the Clean Air Visibility Rule that cuts emissions to protect visibility in national parks, wildlife refuges, and wilderness areas.
A recent EPA analysis of the benefits of meeting the 8-hour ozone standards found that moving from 2000-2002 monitored ozone levels to full attainment of the 8-hour standard would yield substantial health benefits. This analysis indicates that attaining the 8-hour ozone standard would each year avoid hundreds of premature deaths, thousands of hospital admissions, hundreds of asthma emergency room visits, more than one million restricted activity days, and more than 900,000 school absences.
Ground-level ozone, a primary ingredient in smog, is formed when volatile organic compounds and nitrogen oxides react chemically in the presence of sunlight. Cars, trucks, power plants and industrial facilities are primary sources of these emissions. Ozone is unhealthy to breathe, especially for people with respiratory diseases and for children and adults who are active outdoors.
The Phase 2 Rule requires states to demonstrate through modeling that nonattainment areas will attain the 8-hour standard as expeditiously as practicable. These demonstrations must include data on reasonably available control measures and reasonably available control technologies. The rule also outlines new source review requirements for areas not meeting the 8-hour standard.
The Phase 2 rule also includes a requirement that certain areas now using cleaner-burning reformulated gasoline (RFG) must continue to use RFG until they meet the 8-hour standard and are designated as attainment. In addition, areas that were previously reclassified as "severe" for the 1-hour standard, and did not attain the 1-hour standard before it was revoked, must continue to use reformulated gas at least until they attain the 8-hour standard.
EPA finalized the Phase 1 ozone implementation rule on April 15, 2004. The Phase 1 rule provided a process for classifying areas based on the severity of their ozone problems and established deadlines for state and local governments to reduce ozone levels. It also established a process for transitioning from implementing the 1-hour standard for ozone to implementing the more protective 8-hour ozone standard.
For more information on this action, visit: http://www.epa.gov/ozonedesignations.
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Based on a recent analysis showing that current air toxics standards for cooling towers, ethylene oxide sterilization plants, and magnetic tape manufacturing operations protect public health, EPA is proposing that further emission controls are not necessary. EPA issued separate national rules to limit emissions of toxic air pollutants from these facilities in 1994.
Since 1990 EPA has issued 96 hazardous air pollutant regulations that require 174 industry source categories to eliminate 1.7 million tons per year of hazardous air pollutants. The Clean Air Act requires EPA to assess the impact of its air toxics standards eight years after they are issued. EPA must require additional emissions reductions if the review shows that the standards do not sufficiently protect human health or the environment. The agency also must require additional reductions if new emission-control technology or pollution prevention practices have become available. EPA will take comment on the proposals for 60 days after notice is published in the Federal Register.
1) Ethylene Oxide Sterilization: EPA's 1994 air toxics standards limit emissions at commercial sterilization facilities that use ethylene oxide to sterilize heat- and moisture-sensitive products and as a fumigant to control microorganisms or insects. After these facilities implemented the standards, EPA analyzed their remaining air emissions to determine whether they pose a risk to human health or the environment. The analysis found that the risks to humans, as well as ecological effects from these facilities are low enough that further controls are not warranted. The technology assessment did not find any advancement in emissions control or prevention practices. Under the existing standards, these facilities will continue to reduce hazardous air pollutants by 1,000 tons per year. For more information on this action, visit: http://www.epa.gov/ttn/oarpg/t3/fact_sheets/eofs.html.
2) Industrial Cooling Towers: EPA's 1994 air toxics standards for industrial process cooling towers eliminated the use of chromium-based water treatment chemicals that EPA suspects causes cancer or have other serious health or environmental effects. The rule prevents 25 tons per year of chromium from being emitted into the air. As a result of the rule, the cooling towers Industry substituted several chemicals for chromium, including three other toxic air pollutants: methanol, ethylene thiourea and chloroform. After implementation of the 1994 standards, EPA conducted a risk assessment to determine whether current air emissions posed a risk to human health or the environment. The risk assessment found that the risks posed by current emissions from cooling towers are low enough that further controls are not warranted. The technology assessment did not find any advancement in emissions control or prevention practices. For more information on this action, visit: http://www.epa.gov/ttn/oarpg/t3/fact_sheets/ipctfs.html.
3) Magnetic Tape Manufacturing: EPA's 1994 air toxics standards limit emissions at facilities that manufacture magnetic tape, including audio and video tape for consumer use. After these facilities implemented the standards, EPA analyzed their remaining air emissions to determine whether they pose a risk to human health or the environment. The analysis showed a low risk from each of the six magnetic tape producing facilities in the country. The technology review found that no new emissions controls or pollution prevention practices have become available for this industry. Under the existing standards, these facilities will continue to reduce hazardous air pollutants by 2,300 tons per year. For more information on this action, visit: http://www.epa.gov/ttn/oarpg/t3/fact_sheets/magtaperisk_fs.html.
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Stephen L. Johnson, administrator of the Environmental Protection Agency, is scheduled to announce the All Appropriate Inquiries rule Nov. 2 at this year's Brownfields Conference in Denver, Colo. The new rule establishes clear standards for environmental due diligence that will encourage more urban redevelopment.
"President Bush and EPA are committed to putting both property and people back to work through our successful brownfields program," said Johnson. "By making risk management less of a guessing game and more of a science, we are expanding the number of problem properties that will be transformed back into community assets."
The All Appropriate Inquiries rule is expected to increase private cleanups of brownfield properties while reducing urban sprawl, affecting more than 250,000 commercial real estate transactions nationwide annually. The rule's process of evaluating a property for potential environmental contamination and assessing potential liability for any contamination at the property increases certainty of Superfund liability protection, and improves information about environmental conditions of properties.
The rule was developed collaboratively with stakeholders representing diverse constituencies such as realtors, bankers, environmental interest groups, the retail industry, environmental justice organizations, and state, tribal and local governments.
Since its inception in 1995, EPA's brownfields program has changed the way contaminated property is perceived, addressed, and managed. A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. The brownfield program empowers states, communities, and other stakeholders in economic redevelopment to work together to assess, safely clean up, and reuse brownfields.
Over the last decade the EPA's brownfields program has attracted more than $7 billion in public and private investments for the cleanup and redevelopment of brownfield properties in cities and towns across the nation, creating more than 33,000 thousand jobs. During this time, more than 7,000 properties have been assessed for environmental contamination.
For additional information, see the EPA's web site at: http://www.epa.gov/brownfields/.
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Energy efficiency and renewable energy projects in 36 eastern counties and the city of St. Louis can earn potentially profitable credits for implementing pollution-saving measures, according to the Missouri Department of Natural Resources Energy Center.
Through the department's Missouri Energy Efficiency and Renewable Energy Set-Aside Program, projects that reduce the release of oxides of nitrogen (NOx) can earn credits that can then be sold to help power plants meet state and federal clean air requirements.
NOx is a precursor of particulate matter and ground-level ozone. The goal of the program is to alleviate ozone problems in St. Louis and cities east that are downwind from Missouri. The credits apply to projects that reduce the amount of NOx created and released between May 1 and Sept. 30, which is considered the worst time of year for ozone.
One NOx allowance, which has had recent market value of $2,500 to $3,000 each, is awarded for each ton of NOx that a project prevents from release into the environment. Eligible projects can include energy efficiency projects that reduce electrical usage; renewable energy projects that generate electricity from zero-emission renewable sources, such as solar, wind and landfill gas or digester gas; renewable energy projects based on burning biomass, such as wood and wood waste, energy crops such as switchgrass, and agricultural wastes such as crop and animal waste; and combined heat and power projects that use waste heat to generate electricity or other purposes.
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As part of its ongoing effort to ensure a cleaner environment, the Alabama Department of Environmental Management has sent a “Petition for Reconsideration” to the EPA. The petition calls for EPA to reconsider a preliminary decision that would enable the State of Georgia to avoid meeting the same air emissions requirements as Alabama and 21 other states.
ADEM contends that sources of air pollution in Georgia may interfere with Alabama’s ability to maintain attainment of ozone standards statewide, particularly in the Birmingham area. The department asks EPA to require Georgia to impose a schedule for regulating emissions similar to Alabama and other southern states.
“We are urging EPA to hold Georgia accountable to the same air emissions regulations that we have to follow,” said ADEM Director Trey Glenn. “If Georgia is not compelled to meet these requirements Alabama’s environment and economy may suffer.”
ADEM states in the petition that EPA erred when it tendered an opinion on the “likelihood of success,” of rule-making changes affecting Georgia without considering substantive comments submitted by ADEM and North Carolina concerning the problems this may cause in Alabama and other states. Under EPA rules, Alabama requires large emissions sources north of the 32nd parallel to comply with a permanent summertime (May 1 - Sept. 30) emissions cap while Georgia does not.
“ADEM believes that a good environment is good for business,” said Glenn. “Creating a different set of standards between neighboring states is not beneficial to the environment or business.”
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The U.S. Environmental Protection Agency has launched a new Webpage in Spanish dedicated to providing information on different environmental issues and their effects among Hispanics residing in the United States. The new page, "El medio ambiente y su salud", The Environment and Your Health, will focus on a different issue every month. For the first month in this series the key issue is asthma. In this new page, EPA offers general information about the disease, its environmental triggers, asthma FAQs, and environmental health studies of Hispanics and asthma.
In future months EPA will have similar pages on other environmental health issues of special concern to Hispanics such as lead poisoning prevention, radon, carbon monoxide, particulate matter, and mold, among others. This new Webpage presents information both in Spanish and English. It is part of the agency's overall efforts to educate Hispanics, researchers and health care providers on how environmental health issues affect the different Hispanic communities throughout the nation.
To view this new page, "El medio ambiente y su salud," visit: http://www.epa.gov/espanol/asma.htm.
This new page is part of EPA's Spanish portal. To view EPA's consolidated Spanish site, visit: http://www.epa.gov/espanol.
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NIOSH issued the first two certificates of approval for air-purifying escape respirators (APER) with chemical, biological, radiological, and nuclear (CBRN) protection. Approval was granted on Oct. 24, 2005, to Mine Safety Appliances Company for the Safe Escape CBRN APER and on Oct. 28, 2005, to ILC Dover for the SCape CBRN APER. These respirators are air-purifying devices which use a chemical cartridge combined with a particulate filter to purify contaminated air.
The approvals signify that the products are expected to protect the general working population in escape scenarios from chemical, biological, radiological, and nuclear exposures that could be seen at a terrorist event. NIOSH based its determinations on positive results from rigorous laboratory tests, evaluation of product specifications for the devices, and assessment of the manufacturer’s quality control procedures.
The action allows the manufacturers to label the approved devices as NIOSH-certified for occupational use. It does not constitute a commercial endorsement of the product.
NIOSH tested and evaluated the devices under criteria announced in October 2003 for certifying escape respirators for use by the general working population against chemical, biological, radiological, and nuclear agents. The CBRN criteria built on NIOSH’s existing program for certifying respirators for occupational use in traditional workplace settings such as factories, construction sites, and healthcare facilities. Development of the escape respirator program involved broad national support and collaboration by many agencies, organizations, and stakeholders.
NIOSH is continuing to test and evaluate other escape respirators submitted by manufacturers for certification under this program. It also is developing similar criteria for approving other types of respirators, such as powered, air-purifying devices, for use by emergency responders. The approvals are posted on the NIOSH web page.
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RECENTLY PROMULGATED FEDERAL REGULATIONS
Hazardous Waste
EPA Delays Electronic Manifest Rule For Tracking Waste Until Spring 2007
The EPA expects to delay until spring 2007 a final rule that would allow companies to electronically submit forms for tracking hazardous waste. While the delay was attributed to the expiration of the E-Government Act of 2002 (Pub. L. 107-347), which authorizes share-in-savings contracts, EPA and industry officials have said they expect the law to be reauthorized.
Under the planned e-manifest contract, a selected information technology vendor would take the risk of building an electronic manifest system and be able to recover costs through user fees imposed on the companies that generate waste. The federal government would run the plan.
EPA Proposed Rule on Contaminated Wipes
The Environmental Protection Agency met all legal and internal requirements in a 2003 proposed rule for managing solvent-contaminated wipes, the agency's inspector general said Oct. 6.
The agency did not exclude any parties from the rulemaking process and allowed active public involvement through meetings, telephone calls, e-mails, and letters, according to the report, Rulemaking Solvent-Contaminated Wipes.
The report was requested by Congress after allegations of a relationship between campaign contributions of a major industrial laundry company and the proposed rule, the inspector general said (36 ER 115, 01/21/05 ).
The proposed rule clarifies EPA's position that full regulation of contaminated wipes under the Resource Conservation and Recovery Act is unnecessary to protect human health and the environment.
Water
General Pretreatment Standards
Final rule of the EPA amends the general pretreatment regulations under 40 CFR 9, 122, and 403 concerning requirements for industrial users who introduce pollutants into publicly owned treatment works (POTWs). The rule includes changes to certain program requirements to be consistent with NPDES requirements for direct dischargers to surface waters. The rule is effective Nov. 14, 2005.
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RECENTLY PROMULGATED STATE REGULATIONS
Air
North Carolina - SIP
Final rule of the EPA amends regulations under 40 CFR 52.1770 to approve a revision to the North Carolina SIP concerning visible emissions. The revision changes the opacity standards for sources required to install, operate, and maintain continuous opacity monitoring systems to allow the aggregation of daily exceptions. The rule is effective Nov. 25, 2005.
New Jersey - Control and Prohibition of Air Pollution/Nitrogen Oxides
Final rule of the Department of Environmental Protection, Division of Air Quality, amends regulations under NJAC 7:27-8.1 through -22.1 (nonconsecutive) and 27A-3.10, adopts regulations under a new Section NJAC 7:27-19.11, and repeals regulations under NJAC 7:27-16.24 regarding the control and prohibition of air pollution from nitrogen oxides. The rule incorporates the Ozone Transport Commission March 6, 2001, model rules to control NOx emissions and clarifies their application to owners and operators of stationary sources of NOx emissions, including industrial, commercial, and institutional boilers; combustion turbines; and reciprocating engines. The rule also sets forth standards for distributed generation of electricity, consistent with the commission recommendation in its March 28, 2001, report titled ''Resolution of the States of the Ozone Transport Commission Concerning the Creation of Incentives for Additional Clean Distributed Generation of Electric Power.'' The rule is effective Oct. 17, 2005, and becomes operative Nov. 7, 2005. The regulations under NJAC 7:27A expire April 21, 2010.
Indiana - SIP
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.770 to approve revisions to the Indiana SIP. The revisions modify the definitions of ''particulate matter'' and ''ambient air quality standards'' and add new standards consistent with the revised definitions. The revisions also modify sulfur dioxide and nitrogen dioxide ambient standards, update references to the Code of Federal Regulations to the 2002 edition, and add credible evidence provisions consistent with federal requirements. The rule is effective Dec. 19, 2005, if no adverse comments are received by Nov. 18, 2005.
California - SIP
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.220 to approve revisions to the Monterey Bay Unified Air Pollution Control District portion of the California SIP. The revisions concern nitrogen oxide and sulfur compounds emissions from various sources. The rule is effective Dec. 13, 2005, if no adverse comments are received by Nov. 14, 2005.
Missouri - Maximum Achievable Control Technology
Final rule of the Department of Natural Resources, Air Conservation Commission, amends regulations under 10 MCSR 10-6.075 to update maximum achievable control technology standards by clarifying applicability and incorporating federal standards under 40 CFR 63 as of June 30, 2003. The rule is effective Nov. 30, 2005.
Massachusetts - Air Quality Standards/Stationary Engines and Turbines
Final rule of the Department of Environmental Protection, Bureau of Waste Prevention, amends regulations under 310 CMR 7.02, 7.03, 7.05, and 7.26 regarding air quality standards. The rule adds provisions concerning new engines and combustion turbines and updates provisions concerning existing engines. The rule also revises provisions regarding plan approval and emissions limitations and fuels. The rule is effective Sept. 23, 2005.
Missouri - NOx Emissions from Large Internal Combustion Engines
Final rule of the Department of Natural Resources, Air Conservation Commission, amends regulations under 10 MCSR 10-6.390 regarding the control of nitrogen oxide (NOx) emissions from large internal combustion engines. The rule establishes NOx emissions levels for large stationary internal combustion engines to comply with the federal NOx state implementation plan (SIP) call, Phase II. The rule is effective Oct. 30, 2005.
Nebraska - Construction Permits
Final rule of the Department of Environmental Quality amends regulations under 129 NAC 17 to revise provisions regarding application fees for construction permits. The rule is effective Sept. 25, 2005.
Water
Maine - Stormwater Management
Final rule of the Department of Environmental Protection amends regulations under MAC Chapters 500 and 502 to revise provisions pertaining to stormwater management and lakes most at risk from new development and urban impaired streams. The rule revises quantity and quality standards, subjects all projects to the standards of the Storm Water Law, and eliminates dual permit processing requirements by basing thresholds on disturbed areas. The rule also adds protection for urban impaired streams. The rule is effective Nov. 16, 2005.
Hazardous Materials/Waste
Mississippi - Hazardous Waste Management
Final rule of the Department of Environmental Quality, Commission on Environmental Quality, amends hazardous waste management Regulation HW-1 to incorporate by reference federal standards under 40 CFR 124, 126, and 261 through 270 as of March 4, 2005. The rule is effective Sept. 3, 2005.
Louisiana - Facility Name and Ownership/Operator Changes Process
Final rule of the Department of Environmental Quality, Office of the Secretary, adopts regulations under a new Chapter 19 to 33 LAC I and amends regulations under 33 LAC III.505, III.517, III.521, V.321, V.4303, VII.517, IX.2701, IX.2901, IX.2903, and IX.2905 to set forth a unified process for name or ownership/operator changes at facilities covered by the air, water, hazardous waste, and solid waste regulatory programs. The rule addresses only permitted media facilities, while hazardous and solid waste generators and other miscellaneous programs will be addressed in a separate action. The rule is effective Oct. 20, 2005.
Louisiana - Hazardous Waste Manifest Forms
Notice of the Department of Environmental Quality, Office of the Secretary, announces that the agency will continue to make its current supply of hazardous waste manifest forms available to hazardous waste handlers for compliance with state regulations under LAC 33, Part V, pending the effective date of the federal uniform hazardous waste manifest system. Beginning Sept. 5, 2006, handlers must obtain uniform hazardous waste manifest forms only from EPA-registered and approved sources.
Colorado - Hazardous Waste Management
Final rule of the Department of Public Health and Environment, Hazardous Materials and Waste Management Division, amends hazardous waste regulations under 6 CCR 1007-3, Sections 100.21(d), 263.12, 265.52, and 279.22 regarding the permit-by-rule generator treatment requirements, transfer facilities, the content of contingency plans, and used oil storage. The rule makes the generator treatment requirements consistent with the land disposal restriction treatment requirements regarding the notification and development of a waste analysis plan. The rule also requires the owner or operator of a transfer facility to maintain documentation to verify that the 10-day storage requirement has been met. In addition, the rule requires contingency plans to specify the fire protection district responsible for providing fire protection services to the facility or to specify that the facility is not within a fire protection district but is operating under its own approved fire protection plan. Finally, the rule requires used oil containers that are managed outdoors to be kept closed, except when it is necessary to add or remove used oil. The rule is effective Oct. 31, 2005.
Louisiana - Universal Wastes/Mercury-Containing Devices and Electronics
Emergency rule of the Department of Environmental Quality, Office of the Secretary, amends regulations under 33 LAC V.109 through .4911 (nonconsecutive) to classify mercury-containing devices and electronics, including cathode ray tubes (CRTs), as universal wastes for recycling purposes. The rule specifies that metallic mercury must be recovered, recycled, reused, or sequestered, and not incinerated, placed in a landfill, or released in any way. The rule also specifies that electronics, including CRTs, must be sent for dismantling and recovery of components, in a way that prevents releases into the environment. The rule is effective Oct. 3, 2005, and expires Jan. 31, 2006, or upon adoption as a final rule, whichever occurs first.
California - Unified Hazardous Waste/Hazardous Materials Management
Emergency rule of the California EPA adopts regulations under new Sections 27 CCR 15241 and 15242 regarding the unified program single fee system for state agencies. The rule defines terms and establishes a mechanism for the setting of fees payable by a regulated business to any state agency acting as the certified uniform program agency in a county where no local agency has been certified to serve in that capacity. The rule is effective Sept. 26, 2005.
Health and Safety
Tennessee - General Industry, Construction, and Agriculture Standards
Final rule of the Department of Labor and Workforce Development, Division of Occupational Safety and Health, amends regulations under RRT 0800-1-1-.06, -6-.02, -7-.01, and -7-.02 to incorporate by reference July 1, 2006, OSHA standards for general industry, construction, and agriculture under 29 CFR 1910, 1926, and 1928. The rule also provides that as of July 1, 2006, there are no exceptions to OSHA standards for agriculture. The rule is effective Jan. 27, 2006, unless a hearing is requested by Nov. 13, 2005.
California - Workers' Compensation/Utilization Review Standards
Final rule of the Department of Industrial Relations, Division of Workers' Compensation, adopts regulations under new Sections 8 CCR 9792.6 through 9792.10 and repeals regulations under 8 CCR 9792.11 regarding utilization review standards. The rule clarifies time frames involved in the utilization review process, sets forth the procedures and notice content requirements necessary to expedite communication between treating physicians and providers, and clarifies the dispute resolution process. The rule is effective Sept. 22, 2005.
Washington - Portable Ladders
Final rule of the Department of Labor and Industries amends regulations under WAC 296-24 and 296-155-475, -155-47501, -155-480, and -155-48080, Appendix A; repeals regulations under WAC 296-24-780 through -24-79505, and -800-290 through -800-29040; and adopts regulations under a new Chapter WAC 296-876 to revise and clarify requirements for portable ladders. The rule is effective Jan. 1, 2006.
Michigan - Governor Declares Ergonomic Ban 'Unenforceable;' Work on Standard Continues
A ban on funding the promulgation of an ergonomics standard that was included in Michigan's labor appropriation is "unenforceable" according to Gov. Jennifer Granholm. Because the language is unenforceable, you don't have to act on it, and the governor is letting Michigan's occupational safety and health agency continue work on developing a standard.
The labor appropriation--which was signed by Granholm Sept. 29--included language that said "no funds shall be used to support the development of, or activities that promote the development of, guidelines, rules, standards, protocols, or other similar mandates that are more stringent than federal voluntary ergonomics guidelines." The language does not prohibit work on voluntary ergonomics standards.
Oregon - Boiler and Pressure Vessel Standards
Final 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 Oct. 1, 2005.
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Web Sightings
NIOSH Posts Three Information Circulars
The National Institute for Occupational Safety and Health posted three information circulars on training and mining issues on its Web site Oct. 19. In Coaching Skills for On-the-Job Trainers (Pub. No. 2005-146), NIOSH provides a guide to developing a coaching-based on-the-job training program, a guide to conducting a coaching skills workshop for on-the-job training, instructor's notes, workshop slides, pre-workshop reading, and a participant workbook.
Significant Dust Dispersion Models for Mining Operations (Pub. No. 2005-138) presents various dust dispersion models that were developed specifically for the mining industry, while Programmable Electronic Mining Systems: Best Practice Recommendations (In Nine Parts) (Pub. No. 2005-150) is the sixth in a nine-part series of recommendations and guidance on the functional safety of processor-controlled mining equipment. The information circulars are available at http://www.cdc.gov/niosh/mining/pubs/pdfs/2005-146.pdf, http://www.cdc.gov/niosh/mining/pubs/pdfs/2005-138.pdf, and http://www.cdc.gov/niosh/mining/pubs/pdfs/2005-150.pdf, respectively.
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Compliance Question of the Week
What is the “Required Documentation” for SARA 313 Reporting?
When a TRI report is submitted, the reporting facility must maintain certain records. If Form R is used, the facility must keep a copy of the report on file for 3 years. All documentation that supports the Form R must also be retained for 3 years, including:
- Data and calculations supporting any exemptions taken
- Threshold data
- Calculations on releases
- Supporting records for estimates, releases or transfers
- Receipts or manifests for the toxic chemical
- Data or reasoning supporting waste treatment method used, treatment efficiency, or ranges of waste concentration
If your facility uses Form A, you must retain for 3 years a copy of the Form A, data supporting the annual reportable amount calculation, and documentation of the receipts or manifests for alternate threshold calculations. The documentation of either Form R or Form A must be kept at the facility and be available for inspection. A list of SARA 313 toxic chemicals is found at http://epa.gov/tri/chemical/index.htm.
For compliance assistance, contact Kelly at krmurray@mactec.com or your local MACTEC office.
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MACTEC Reputation for Leadership in Air Quality Services Strengthened by NARSTO Project
Through a contract with the U.S. Environmental Protection Agency (USEPA), MACTEC recently assisted NARSTO and the Canadian, United States, and Mexican governments in the development of an international policy report on air emissions inventories. Improving Emission Inventories for Effective Air Quality Management Across North America: A NARSTO Assessment examines the current state of emission inventories for Canada, the United States, and Mexico, and offers suggestions for improvement. The Assessment was prepared to address the needs of a broad user base composed of decision makers as well as developers and users of emission inventories.
NARSTO: A Public / Private Partnership
According to its website, NARSTO (formerly an acronym for "North American Research Strategy for Tropospheric Ozone”) is a public/private partnership whose membership spans government, the utilities, industry, and academe throughout Mexico, the United States, and Canada. Established by a formal Charter-signing ceremony at the White House in 1995, NARSTO is charged with establishing and maintaining effective communication channels between its scientific effort and its client community of planners, decision-makers, stakeholders, and strategic analysts, as well as providing a cross-organization planning process, which determines the most effective strategies for scientific investigation. NARSTO coordinates the allocation of financial resources to implement these strategies and monitors progress of its effort toward fulfillment of its programmatic goal.
The Emission Inventory Assessment has four functions. It:
- Identifies many national, state or provincial, regional, local and specialty inventories and provides information for accessing them.
- Describes the methods used to generate emission inventories and discusses the strengths and weaknesses of these methods as well as of the resulting inventories.
- Directs considerable attention to methods for determining uncertainties in emission estimates, and provides comparisons between emission estimates and independent measurements for key emission sectors.
- Suggests ways to improve future inventories, characterize their uncertainty, and improve the delivery of emission data to users.
MACTEC Professionals Play Key Role
The Assessment was a collaborative effort among government, industry, and academic institutions. MACTEC provided overall coordination and meeting support to NARSTO. Art Werner and Bernd Haneke of the Research Triangle Park, North Carolina office are listed as primary authors of three of nine chapters, and contributing authors on three others. In addition, Bill Barnard of the Gainesville, Florida office contributed to the Assessment in the area of emissions data management. Art has also coauthored an article titled “Emissions Inventories Then, Now, and Tomorrow” in the January edition of EM, the Air & Waste Management Association’s magazine for environmental managers.
MACTEC’s contributions to the NARSTO Assessment were praised in a recent letter from the client:
"As we are nearing the end of the NARSTO Emission Inventory Assessment, I wanted to acknowledge the great job that you... have done in support of this activity. It is notable that the chapters you were responsible for were among the most difficult to prepare… I appreciate and commend you for being able to move this material through the various stages of internal and external peer review. I think the document will serve the emission inventory community very well in the decade to come and appreciate the contribution you have made to bring about this successful product. It has been a pleasure to work with you... Your positive, can-do approach has been refreshing and has helped drive the other contributors on the team. Thanks again for a job well done!"
- J. David Mobley, Environmental Protection Agency ORD/NERL
The final NARSTO report can be accessed at http://www.cgenv.com/Narsto/ and can be downloaded by clicking on the ‘Emission Inventory’ link.
Successes Mount in Air Quality Services
This high-profile, multinational project is part of a string of recent successes by MACTEC’s team of air quality specialists. In 2005, MACTEC ranked 3rd in Clean Air Compliance in Engineering News-Record’s Top 200 Environmental Firms.
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