A Research and Special Programs Administration final rule clarifying when U.S. Department of Transportation regulations apply to the handling of hazardous materials was published in the Federal Register on October 30. The rule, "Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage" (HM-223) will improve safety by clarifying when the activities related to the transportation of hazardous materials are governed by DOT's Hazardous Materials Regulations (HMR) versus other regulating agencies like OHSA and EPA. It also lists the pre-transportation functions to which the HMR apply.
RSPA is clarifying the applicability of the Hazardous Materials Regulations (HMR) to specific functions and activities, including hazardous materials loading and unloading operations and storage of hazardous materials during transportation. They are also listing in the HMR pre-transportation functions to which the HMR apply. Pre-transportation functions are functions performed to prepare hazardous materials for transportation in commerce by persons who offer a hazardous material for transportation or cause a hazardous material to be transported. Transportation functions are functions performed as part of the actual movement of hazardous materials in commerce, including loading, unloading, and storage of hazardous materials that is incidental to that movement. For purposes of applicability of the HMR, ``transportation in commerce'' begins when a carrier takes possession of a hazardous material and continues until the carrier delivers the package containing the hazardous material to its destination as indicated on shipping papers or other shipping documentation.
The final rule is effective October 1, 2004.
FMCSA Extends Deadline for Requiring Hazardous Materials Endorsement to April 1
The Federal Motor Carrier Safety Administration (FMCSA) and the Transportation Security Administration (TSA) have extended the compliance deadline for requiring background checks on commercial drivers certified to transport hazardous items. The FMCSA rule requires that states collect fingerprints from individuals applying for, renewing, upgrading, or transferring a hazmat endorsement for a commercial driver's license. The date for states to begin complying with this rule is now April 1, 2004. The FMCSA rule also says that states may request an extension of that compliance date to not later than Dec.1, 2004. The FMCSA interim final rule is available at http://dms.dot.gov/ by searching for Docket No. FMCSA-2001-11117. There is a link to TSA's interim final rule at http://www.tsa.gov/.
EPA Proposes to Remove EGBE from Clean Air Act Toxic Pollutants List
Based on an extensive review of ambient ethylene glycol monobutyl ether (EGBE) levels in the air and the associated health and environmental impacts, EPA is proposing to remove EGBE from the Clean Air Act list of toxic air pollutants. EGBE is used in hydraulic fluids and in water-based coatings for various industries including can manufacturers. It is used in vinyl and acrylic paints and varnishes and as a solvent for varnishes, enamels, spray lacquers, dry cleaning compounds, textiles, and cosmetics. EPA has concluded that potential exposures from industrial sources to EGBE may not reasonably be anticipated to cause human health or environmental problems.
During the technical review, EPA looked at EGBE to determine its potential to cause cancer in humans and concluded that it can damage red blood cells but does not cause cancer in humans at the levels present in air. If new information on the health and environmental impacts of EGBE becomes available before the rule is finalized, the agency will carefully review and consider the additional information before making a final decision.
The Clean Air Act requires EPA to regulate 188 compounds that are listed as toxic air pollutants. The law allows EPA to consider petitions to modify the list, by adding or removing substances. EPA reviewed EGBE exposure and health effects in response to a petition from the American Chemistry Council. EPA will take public comment for 60 days following Federal Register publication of the proposed rule. The agency will hold a public hearing on the proposal if it receives requests within 15 days of publication. A prepublication copy of the proposal is available online at http://www.epa.gov/airlinks.
Two Brominated Flame Retardants To Be Voluntarily Phased Out
The Great Lakes Chemical Corp. of West Lafayette, Ind., will voluntarily cease production of two widely-used flame retardant chemicals by the end of 2004. The chemicals in question, Penta and Octa, are members of a group of chemicals called polybrominated diphenylethers (PBDEs), which in turn are members of a broader class of chemicals called brominated flame retardants (BFRs). This announcement follows discussions with the Great Lakes Chemical Corp., the only U.S. manufacturer of Penta and one of a small number of Octa manufacturers.
"EPA commends Great Lakes Chemical Corp. for taking this action voluntarily and for doing so as expeditiously as possible," said Stephen L. Johnson, EPA's Acting Deputy Administrator. "The company's decision to swiftly cease production of these chemicals by 2004 will accelerate the shift to safer alternatives. This is a responsible action that is likely to result in reduced amounts of these chemicals in the environment."
Traces of Penta and Octa have been detected in both humans and wildlife. Based on potential concerns associated with the continued use of the chemicals, coupled with the development of a viable Penta substitute, the Great Lakes Chemical Corp. is taking action to phase out the manufacture of these chemicals. The Agency will work with the other U.S. manufacturers of Octa to seek their support for a complete phase out of that chemical as well. In addition, EPA may take additional steps to ensure that no new uses of Penta or Octa are allowed into the marketplace.
Brominated flame retardants are used in many consumer products. These chemicals provide a very important benefit to people because of their ability to slow ignition and rate of fire growth, and therefore increase available escape time in the event of a fire. Penta is primarily used in furniture foam and Octa in plastics for personal computers and small appliances.
EPA has not concluded that PBDEs pose an unreasonable risk to human health or the environment. Over the course of several years, EPA has evaluated scientific studies and available information, and there is growing evidence that the PBDE chemicals bioaccumulate and are persistent in the environment, and that people are being exposed. For example, traces of the chemicals have been found in fish, in samples of human blood and in women's breast milk. The Agency will continue to assess available information which would allow a better understanding of any potential risks associated with PBDEs. EPA does not believe that there is a need to remove or replace products that may contain these chemicals.
EPA has recently completed a preliminary assessment of a Penta substitute, Firemaster® 550, and concluded that this alternative chemical is not persistent, bioaccumulative or toxic to aquatic organisms. The substitute also provides the important fire safety performance standards necessary for use in consumer products. The Agency will continue to work with Great Lakes and other companies on the development of substitutes, alternatives and additional health and exposure testing on the substitutes. EPA will also continue its efforts to gain a better scientific understanding of flame retardant chemicals.
PA DEP Files More than $13 Million in Penalties Against Neville Chemical to Stop Hazardous Slick
Pennsylvania Department of Environmental Protection (DEP) Secretary Kathleen A. McGinty announced Nov. 5 that the department has directed Neville Chemical Co. to stop a hazardous chemical slick from entering the Ohio River. By filing a complaint against the company for civil penalties totaling more than $13 million, the department signaled that persistent failure to heed DEP orders to stop this serious public health threat will no longer be tolerated.
"The pollution in question presents a substantial public health threat," Secretary McGinty said. "In the past, we have seen several public water supply wells ruined because of contamination from Neville. Moreover, in early 2003, there was a leak in one of the industrial process lines at the plant that allowed industrial wastes to enter the sewer system on the island and caused vapors to build toward explosive limits. Talk alone is not enough here. Neville Chemical needs to clean up its act."
Secretary McGinty further stated: "Our interest is not in Neville money. Our interest is in stopping potentially dangerous pollution. Neville essentially has disregarded the law for more than 20 years, and has failed to stop the oil slick for one and a half years. In filing this substantial penalty, we are urging Neville one last time to work with us and stop these hazards now."
Secretary McGinty stressed that the department has presented to Neville a comprehensive plan to clean up the facility and bring its operations into compliance while urging Neville to take immediate action to stop the oil slick.
"To be clear: We intend to continue to work with Neville to try to fashion a comprehensive cleanup plan," Secretary McGinty said. "But, as we have repeatedly stressed to the company, the pollution must be stopped from leaving its site now. The department is acting today since the company has failed to heed our repeated urgings in this regard. We hope that our action today will finally send an unmistakable signal to Neville that we are serious-the law must be followed and public safety must be upheld."
DEP filed the $13 million complaint for civil penalties with the Environmental Hearing Board. The complaint centers on Neville Chemical Co.'s discharge of oil into the Ohio River. The oil is classified as a hazardous waste and comes from a layer of pollution that floats on top of the groundwater beneath the plant. That underground contamination on the property is the result of on-site disposal, leaks and spills over the 70-year history of the facility, and it continues to this day.
Neville Chemical has been the subject of a repeated series of DEP enforcement actions, penalties and orders, as well as court decrees, for more than 20 years. The company repeatedly and persistently has refused to come into full compliance with the law. Enforcement actions related to the hazardous oil slick began with an order to the company in June 2002 to clean up the pollution after the slick appeared on the Ohio River adjacent to the plant. The order required Neville to take all actions necessary to stop the oil from entering the river and to provide a comprehensive cleanup plan that would also prevent the floating oils and contaminated groundwater from moving from the Neville Chemical property to adjoining properties.
Neville and DEP have negotiated for more than four years to work out an acceptable cleanup plan to manage the pollution underneath the facility. While the department and Neville continue these negotiations, DEP repeatedly has made clear that actions must be taken immediately to stop the continued oil discharge.
"The discharge of hazardous waste into the Ohio River and Neville Chemical's long-term failure to stop this pollution leaves us with no alternative but to take the actions necessary to protect public health and the Ohio River," Secretary McGinty said.
Neville Chemical Co. manufactures hydrocarbon resins and related products at the Neville Island facility. Located on the property are loading and unloading facilities, more than 120 aboveground storage tanks, product-handling facilities, manufacturing operations, an industrial wastewater treatment facility and a groundwater treatment system.
The department is prepared to take further enforcement action if Neville Chemical does not enter a legally enforceable agreement with the department in the immediate future to deal with the seep and other long-standing soil and groundwater pollution problems at the facility.
40 High-Priority Superfund Sites Cleaned Up in FY 2003
Forty high-priority hazardous waste sites across the country were cleaned up in fiscal year 2003 (Oct. 2002 - Oct. 2003), EPA announced. To date, EPA has cleaned up 886 sites on the Superfund National Priorities List (NPL). These sites are considered some of the highest health threats in the nation.
"The cleanup of contamination at these 40 sites is indicative of the continued progress the Superfund program has made over the years," said EPA Acting Administrator Marianne Lamont Horinko.
"We still face serious challenges because we still have much work to do at our remaining sites," she continued. "Although we currently have 699 construction projects underway at 436 sites, many of these sites tend to be large, expensive, and complex."
To help meet these challenges posed by the large, complex sites, the President requested a $150 million increase in the Superfund budget for Fiscal Year 2004.
The majority of Superfund site clean-ups are conducted by private parties responsible for the contamination, under EPA control and pursuant to EPA enforcement actions. Historically those have represented about 70 percent of all clean-up activity. As of last year, EPA has secured more than $20 billion in cleanup commitments from polluters.
EPA's other Superfund activities in fiscal year 2003 included:
- Committed $292 million for long-term cleanup construction work;
- Proposed for public comment 14 new sites to the NPL, and placed 20 on the final NPL, making them eligible for long-term remedial action federal funding (The NPL now contains 1,243 final sites.);
- Committed $142 million to conduct short-term emergency actions at 381 sites to remove immediate threats to human health; and
- Led the debris recovery effort for the Columbia space shuttle disaster, in which EPA and its partners retrieved 84,800 pounds of material -- almost 40 percent of the total dry weight of the shuttle.
For more information on the Superfund program, go to http://www.epa.gov/superfund.
