EPA Proposes Partial Ban and Workplace Controls for Solvent 1-Bromopropane

A proposed rule announced recently by EPA would ban some workplace uses of 1-bromopropane (1-BP) and prohibit all but one consumer use of the solvent. The agency is also proposing worker protections for most of the industrial and commercial uses of 1-BP that would be allowed to continue under the rule.

 

According to EPA, 1-BP is used in cleaning and degreasing operations, spray adhesives, and dry cleaning; as a reactant in the manufacture of other chemical substances; and in insulation for building and construction materials. It’s also used in consumer products like spot cleaners, stain removers, aerosol degreasers, and insulation. Health effects caused by exposure to 1-BP can include skin, lung, and intestinal cancer; liver, kidney, and nervous system damage; and reduced fertility, the agency explains.

 

Industrial and commercial uses of 1-BP that EPA seeks to prohibit include its use in dry cleaning, spot cleaning, and stain removers; in adhesives and sealants; in coin and scissor cleaners; in automotive care products used as engine degreasers, brake cleaners, and refrigerant flushes; in anti-adhesive agents used for mold cleaning and release products; in functional fluids used as refrigerants or cutting oils; and in arts, crafts, and hobby materials. These uses have “safer alternatives,” the agency explains. The one consumer use that EPA’s proposed rule would allow to continue is its use in insulation because the agency “determined that this use did not contribute to the unreasonable risk to people.”

 

EPA’s proposal would require a workplace chemical protection program for the uses of 1-BP that would be allowed to continue in vapor and aerosol degreasing, electronics, and electronic and metal products. The proposed rule also includes requirements related to some uses that are intended to protect workers from exposure to the solvent through the skin. For example, the proposal would require the use of chemical-resistant gloves for 1-BP’s uses in manufacturing, processing and recycling, and disposal. Non-federal workplaces affected by this provision would be required to implement the use of chemical-resistant gloves within six months from when the rule is finalized, whereas federal agencies and federal contractors would have three years.

 

Also described in the prepublication version of the proposed rule is an existing chemical exposure limit (ECEL) for inhalation exposures to 1-BP of 0.05 ppm (0.25 mg/m3) as an eight-hour time-weighted average. The ECEL is lower than other exposure limits for 1-BP. Current eight-hour TWA exposure limits include the ACGIH Threshold Limit Value, which is set at 0.1 ppm as of 2013, and the Cal/OSHA permissible exposure limit, which is set at 5 ppm. Federal OSHA does not currently have a PEL for 1-BP.

 

The pre-publication version of EPA’s proposed rule is available as a PDF. Once the rule is published in the Federal Register, the public will have 45 days to submit comments about the proposal. EPA says it is especially interested in feedback about the feasibility and effectiveness of the proposed requirements to protect workers. The agency encourages manufacturers, processors, laboratories, and other entities that use 1-BP to comment on this matter.

 

EPA personnel will provide an overview of the agency’s proposed regulatory action on 1-BP during a webinar to be held on Aug. 28. Individuals who wish to provide prepared remarks during the webinar must register by Aug. 21 at 5 p.m. ET, while those who simply want to listen can register until noon ET on Aug. 28.

 

 

OSHA will host an informal public hearing on the agency’s emergency response proposed rule online beginning at 9:30 a.m. ET on Nov. 12, 2024. According to OSHA’s notice in the Federal Register, members of the public are invited to testify on any topics, issues, or concerns relating to the proposed rule, which the agency intends to replace the existing fire brigades standard (29 Code of Federal Regulations 1910.156). If adopted, the emergency response proposed rule would address the broad range of job hazards faced by modern emergency responders. It would also expand protections to include workers in emergency services other than firefighting, such as emergency medical service providers and technical search and rescue services. The fire brigades standard only covers firefighters and has received only minor updates since it was promulgated in 1980.

 

The Federal Register notice for the informal public hearing beginning on Nov. 12 explains that, if necessary, the hearing will continue from 9:30 a.m. to 4:30 p.m. ET on subsequent weekdays. People interested in participating in the hearing must submit a notice of intention to appear on or before Sept. 27. The Federal Register provides additional information on how to participate, as well as on specific information sought by OSHA.

 

OSHA announced the emergency response proposed rule in a notice of proposed rulemaking published in the Federal Register on Feb. 5. The public comment period was scheduled to end on May 6 but extended first to June 21 and again to July 22 due to numerous requests from stakeholders.

 

More information on the proposed rulemaking and upcoming public hearing is available on OSHA’s website.

 

 

The EPA recently finalized a settlement with Fann Contracting, Inc., underscoring the crucial importance of compliance with the Clean Air Act. The company was found to be operating a portable hot mix asphalt plant on the Navajo Nation near Kayenta, Arizona, without a Tribal Minor New Source Review (NSR) permit to control air pollutants. As part of the settlement, the company will pay a civil penalty of $72,128.

 

For several months in 2021, Fann Contracting, Inc. operated its portable hot mix asphalt plant near the Kayenta Health Center within the Navajo Nation without a valid federal permit to control its air emissions in Indian country. When not controlled by an enforceable permit limit, the asphalt plant had the potential to emit carbon monoxide (CO) in a quantity of 250 tons, which exceeded air pollution limits under the NSR permitting program. Fann Contracting, Inc. only obtained the required permit on April 27, 2022.

 

“EPA stands ready to use our authority to ensure that Clean Air Act federal regulations are properly followed, and that residents of Arizona and the Navajo Nation are breathing healthy, safe air,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Businesses must comply with permit programs under the law when operating in Indian country.”

 

The NSR permitting program, established as part of the 1977 Clean Air Act Amendments, plays a vital role in maintaining air quality. It is a preconstruction permitting program that ensures that air quality is not significantly degraded by the addition of new and modified sources such as factories, industrial boilers, and power plants. NSR is crucial in guaranteeing new emissions progress toward cleaner air in areas with unhealthy air. The NSR program assures people that any significant new or modified industrial source in their neighborhoods will be as clean as possible and that advances in pollution control occur concurrently with industrial expansion.

 

NSR permits are legal documents that the facility owners/operators must abide by. The permit specifies what construction is allowed, what emission limits must be met, and often how the emissions source must be operated.

 

The Tribal Minor NSR Program protects air quality in Indian country. To simplify the permit issuance process for similar facilities, this program has general permits and permits by rule for specific smaller sources of air pollution commonly found in Indian country. Persons operating hot mix asphalt plants subject to regulation under the Tribal Minor NSR Program can apply for a general air quality permit. Still, this general permit must be obtained before the construction and operation of the regulated source.

 

 

As part of a settlement with the U.S. Department of Labor, Maersk Line Limited - one of the world's largest marine cargo services providers - will change its safety reporting policies and compensate a seaman the company terminated after they reported safety concerns to the U.S. Coast Guard without first notifying their employer.

 

The actions follow a three-day hearing in June 2024 where Maersk challenged the findings of a whistleblower investigation by the department's Occupational Safety and Health Administration found the company violated the employee's rights under the federal Seaman's Protection Act by retaliating against the seaman. OSHA found the company policy, which forbid employees from contacting the USCG or other federal, state or local regulatory agencies without first notifying the company, violated federal law. Workers have the right to report safety concerns directly to authorities without fear of retaliation.

 

The investigation began after the seaman alerted the U.S. Coast Guard about safety concerns aboard the Safmarine Mafadi, a 50,000-ton, 958-foot container ship, in December 2020. They included lifeboat equipment in need of repair and replacement, crew members onboard in possession of, and possibly consuming alcohol, improper supervision of cadet seamen, and a bilge system not preventing cargo holds from flooding.

 

"The Department of Labor will enforce workers' protected rights as whistleblowers under federal law," said Solicitor of Labor Seema Nanda. "No employer may violate whistleblower regulations or create policies that require employees to notify their employer before they report concerns to federal regulatory agencies. This seaman showed the kind of bravery for which mariners have long been known by raising concerns that, left unchecked, could have endangered everyone aboard the Safmarine Mafadi."

 

In a settlement reached after the hearing in Boston, Maersk agreed to make the following changes:

 

"This case is an important affirmation that all mariners have the option to contact the U.S. Coast Guard directly for addressing a safety concern," said Rear Admiral and Assistant Commandant for Prevention Policy for the U.S. Coast Guard Wayne Arguin. "Safety requires a team approach. The size, complexity and importance of the marine transportation system demand that everyone work together to prevent casualties and minimize supply chain disruptions."

 

Maersk also agreed to future compliance with all applicable regulations and to compensate the terminated seaman for lost wages and damages. Under the terms of the settlement, Maersk did not admit to violations of the Seaman's Protection Act.

 

"This resolution is a victory for mariners aboard U.S.-flagged vessels worldwide," said Assistant Secretary for Occupational Safety and Health Douglas L. Parker. "Workers who cope with the ocean's natural hazards should never fear reporting concerns about their vessel's safety. Maritime industry workers are vital to the well-being of our nation, and there is no place for policies that restrict their rights to alert authorities to unsafe conditions."

 

Headquartered in Norfolk, Maersk Line Limited operates the largest U.S. flag fleet in commercial service and employs about 700 U.S. mariners. The company is the largest subsidiary of A.P. Moeller-Maersk, the global Denmark-based provider of maritime transport, logistics services and terminal operations.

 

OSHA enforces the whistleblower provisions of the Seaman's Protection Act and more than 20 other statutes protecting employees who report violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, criminal antitrust and anti-money laundering laws.

 

The EPA has reached a settlement with All American Asphalt over claims that the company failed to provide complete and accurate reports of its releases of polycyclic aromatic compounds (PACs), potentially toxic chemicals that can harm human health, from its asphalt manufacturing plant located in Irvine, California, during 2018, 2019, 2020, and 2021. These releases to the air have been deemed permitted releases but, under federal environmental law, must still be reported accurately. The company will pay a $53,115 penalty.

 

"Communities have a right to know about chemical releases in their neighborhood," said EPA Pacific Southwest Regional Administrator Martha Guzman. “These are not simple paperwork issues. The health and safety of communities where these types of businesses operate depend on a company’s compliance with these requirements, particularly when toxic chemicals such as PACs are involved.”

 

All American Asphalt, with headquarter offices located in Corona, California, has agreed to submit to the EPA fully complete and accurate Toxic Chemical Release Inventory Forms as part of an agreement to resolve claimed violations of the Emergency Planning and Community Right to Know Act. The company has also permanently shut down the Irvine facility.

 

The Emergency Planning and Community Right-to-Know Act created the Toxics Release Inventory (TRI), which requires regulated facilities to document and report the quantity of toxic chemicals released annually and is an important tool for understanding potential environmental health concerns. PACs can remain in the environment for a very long time and may build up or accumulate in the human body. TRI reports allow community members, including planners and emergency responders, to access information about pollutants in their communities. By failing to properly report pollution releases to the EPA, a facility is depriving its community members of timely and accurate data about the environmental health of their community.

 

Learn more about the Emergency Planning and Community Right-to-Know Act.

 

Help protect our environment by identifying and reporting environmental violations.

 

 

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