EPA has proposed that companies be required to report to EPA all new uses, including in domestic or imported products, of five groups of potentially harmful chemicals. Over the years, these chemicals have been used in a range of consumer products and industrial applications, including paints, printing inks, pigments and dyes in textiles, flame retardants in flexible foams, and plasticizers. This action is part of EPA’s work to ensure chemical safety in order to protect Americans’ health and the environment.
The five chemicals EPA is targeting are polybrominated diphenylethers (PBDEs), benzidine dyes, a short chain chlorinated paraffin, hexabromocyclododecane (HBCD), and phthalate di-n-pentyl phthalate (DnPP). The agency is also proposing additional testing on the health and environmental effects of PBDEs.
“Although a number of these chemicals are no longer manufactured or used in the US they can still be imported in consumer goods or for use in products. Today’s proposed actions will ensure that EPA has an opportunity to review new uses of the chemicals, whether they are domestically produced or imported, and if warranted, take action to prohibit or limit the activity before human health or environmental effects can occur,” said Jim Jones, EPA’s acting assistant administrator for the Office of Chemical Safety and Pollution Prevention. “These actions also signal EPA’s ongoing commitment to the American people that the agency is taking significant steps to make sure that the chemicals manufactured and used in this country are safe.”
The proposed regulatory actions are known as significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA). The proposed rules would require that anyone who intends to manufacture, import, or process any of the chemicals for an activity that is designated as a significant new use to submit a notification to EPA at least 90 days before beginning the activity. This notification means EPA can evaluate the intended new use and take action to prohibit or limit that activity, if warranted. For PBDEs, the agency will also issue simultaneously a proposed test rule under section 4(a) of TSCA that would require manufacturers or processors to conduct testing on health and environmental effects of PBDEs.
The proposed SNURs were identified in action plans the agency issued on these and other chemicals during the last two years.
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How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
Environmental Resource Center is offering webcast training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
- April 17
- May 18
- June 26
EPA Revises Emergency Planning Requirements for Non-Reactive Metals
This revision allows facilities subject to the Emergency Planning requirements that have a non-reactive solid EHS in solution, to first multiply the amount of the solid chemical in solution on-site by 0.2 before determining if this quantity equals or exceeds the lower published threshold planning quantity. This rule is effective April 23, 2012.
Kansas Issues Modified Construction Stormwater General Permit
The Kansas Department of Health and Environment (KDHE) has issued a modified construction stormwater permit for owners or operators of any project or combination of projects who engage in construction activities that will disturb one or more acres. The new permit, Stormwater Runoff from Construction Activities General Permit S-MCST-0312-1, became effective March 2 and replaces the general permit that remained in effect through March 1.
Coverage under this National Pollutant Discharge Elimination System (NPDES) general permit authorizes the discharge of stormwater runoff from construction activities when conducted in accordance with the provisions and requirements of this permit and in accordance with the site specific stormwater pollution prevention plan.
Major modifications in the reissued permit include the addition of EPA’s Construction and Development effluent guideline standard (40 CFR 450) in effect at the time this NPDES general permit was issued; procedures for construction activities undertaken to avoid imminent endangerment to the public health or environment in response to a public emergency; additional best management practices for steep slopes and drainage channels; a revision to the Sediment Basin Design Criteria to allow reduced detention volume for areas of Western Kansas; and various wording changes to clarify permit requirements.
Projects authorized prior to March 2, 2012 may operate under the previous general permit for 18 months, ending September 1, 2013. If these projects are not terminated by September 1, 2013, they must meet the requirements of the new general permit or apply for an individual stormwater discharge permit. The primary requirement of the general permit is for the permittee to develop and implement a Stormwater Pollution Prevention (SWP2) Plan. The SWP2 Plan must contain certain items that are specified in the general permit including the Best Management Practices that will be utilized to control erosion, sediment discharges, and reduce the potential of the contamination of stormwater runoff associated with construction activities.
EPA to Amend HFO-1234yf SNAP Rule for Motor Vehicle Air Conditioners
EPA Revises VOC List to Remove Four Hydrofluoropolyethers
This proposed revision would add four chemical compounds to the list of compounds excluded from the definition of VOC on the basis that each of these compounds makes a negligible contribution to tropospheric ozone formation. These compounds consist of four hydrofluoropolyethers (HFPEs) which are identified as HCF2OCF2H (also known as HFE-134), HCF2OCF2OCF2H (also known as HFE-236cal2), HCF2OCF2CF2OCF2H (also known as HFE-338pcc13), and HCF2OCF2OCF2CF2OCF2 H [also known as H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)].
General Manager of Arkla Disposal Services of Convicted of Violations of Clean Water Act and Obstructing an EPA Investigation
A federal jury in Shreveport, Louisiana, has convicted John Tuma, of Centerville, Texas, of discharging untreated wastewater directly into the Red River without a permit, discharging untreated wastewater into the city of Shreveport sewer system in violation of its permit, and obstructing an EPA inspection, announced Assistant Attorney General Ignacia S. Moreno and Western District of Louisiana US Attorney Stephanie A. Finley.
Father and son, John Tuma and Cody Tuma, of Shreveport, were both charged in a five-count indictment with violations of the Clean Water Act (CWA), conspiracy and obstruction of justice related to illegal discharges coming from the Arkla Disposal Services Inc., a facility in Shreveport. The Arkla facility received off-site wastewater from industrial processes and from oilfield exploration and production facilities for treatment at the Arkla facility.
“It was irresponsible, illegal and potentially harmful to the health of city residents and their environment for Mr. Tuma to conspire to dump untreated industrial wastewater into Shreveport’s sewer system,” said Assistant Attorney General Ignacia S. Moreno of the Environment and Natural Resources Division of the Department of Justice. “This case is an example of how the Clean Water Act protects the health and safety of the American people.”
Cody Tuma pleaded guilty in February 2012 to one count of negligently discharging pollutants into the Red River without a permit. He faces a maximum penalty of one year in prison or a fine of not more than $100,000, or twice the gross gain or loss resulting from the unlawful conduct, or both. Sentencing for Cody Tuma has been set for June 20, 2012.
John Tuma will be sentenced July 25, 2012. He faces a maximum penalty of five years in prison on the conspiracy charge, three years in prison on each of the CWA violations, and five years in prison on the obstruction of justice charge. He also faces a fine of not more than $250,000, or twice the gross gain or loss resulting from the unlawful conduct, or both, per count.
The case is being investigated by EPA’s Criminal Investigation Division and is being prosecuted by Assistant US Attorney C. Mignonne Griffing and Trial Attorney Leslie E. Lehnert of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
US Ecology Failed to Disclose Chemical Releases on TRI Report
“Companies that handle toxic chemicals have a responsibility to be transparent about what they use and release into the environment,” said Kelly Huynh, manager of the Inspection and Enforcement Management Unit at EPA in Seattle. “Accurate, timely numbers from companies are critical for communities to have up-to-date information on chemical releases in their states.”
US Ecology Idaho, Inc., failed to report the on-site disposal of 20 chemicals and chemical categories during 2009. As part of its hazardous waste disposal operations, the company disposed of more than 10,000 lb each of aluminum, arsenic, barium, cadmium, chromium, cobalt, copper and copper compounds, diethanolamine, ethylene glycol, manganese, methyl isobutyl ketone, nickel, nitric acid, selenium, silver, thallium, and zinc.
In addition, the company disposed of more than 100 lb of lead and lead compounds and more than 10 lb each of mercury and polychlorinated biphenyls.
Many of the chemicals disposed of at the facility have dangerous human health impacts and risks associated with them.
The company has submitted the required reports to the EPA and the State of Idaho to resolve the violations and agreed to pay a penalty of $184,400.
Under the federal Toxics Release Inventory Program, companies that use certain toxic chemicals are required to report annually about releases, transfers, and waste management activities involving toxic chemicals at their facilities.
ADEQ Issues First Stop-Use Order Because of Leaking Gasoline Tanks
The Arizona Department of Environmental Quality (ADEQ) has issued its first “stop-use order” for leaking underground storage tanks that are potentially threatening the public health and environment in the Town of Snowflake, Arizona. “Although we normally attempt to work these issues out with companies, this case was severe and made it necessary to use this enhanced enforcement tool,” said ADEQ Director Henry Darwin.
Recently, ADEQ inspectors placed stop-use tags on the operation of five underground storage tanks owned by Milton Capital LLC at One Stop 2 convenience mart, located at 379 S. Main Street in Snowflake. Milton Capital LLC had a 1,200-gallon gasoline release from one of the tanks at the site in late February. That release resulted in the mobilization of emergency personnel and the evacuation of an adjacent apartment complex and restaurant, both of which remain closed.
The fuel dispenser at the site had been illegally re-engineered before the February release and an emergency stop button no longer was tied to the tanks system. A fuel delivery driver accidentally filled one of the tanks because the operator also failed to label the tanks as required by Arizona Department of Weights and Measures regulations. The driver was unable to stop the pumping process because the emergency stop button was not properly connected.
The entire contents of the tank were emptied into the sump which resulted in flow across the ground surface and through the soil under the pavement. ADEQ issued a notice of violation to Milton Capital for failure to comply with a number of statutes including notification, line testing, financial responsibility, and failing to permanently close tanks.
Corn Insecticide Linked to Great Die-off of Beneficial Honeybees
New research has linked springtime die-offs of honeybees critical for pollinating food crops—part of the mysterious malady called colony collapse disorder—with technology for planting corn coated with insecticides.
In the study, Andrea Tapparo and colleagues explain that seeds coated with so-called neonicotinoid insecticides went into wide use in Europe in the late 1990s. The insecticides are among the most widely used in the world, popular because they kill insects by paralyzing nerves but have lower toxicity for other animals. Almost immediately, beekeepers observed large die-offs of bees that seemed to coincide with mid-March to May corn planting. Scientists thought this might be due to particles of insecticide made airborne by the pneumatic drilling machines used for planting. These machines forcefully suck seeds in and expel a burst of air containing high concentrations of particles of the insecticide coating. In an effort to make the pneumatic drilling method safer, the scientists tested different types of insecticide coatings and seeding methods.
They found, however, that all of the variations in seed coatings and planting methods killed honeybees that flew through the emission cloud of the seeding machine. One machine modified with a deflector to send the insecticide-laced air downwards still caused the death of more than 200 bees foraging in the field. The authors suggest that future work on this problem should focus on a way to prevent the seeds from fragmenting inside the pneumatic drilling machines.
New Jersey Joins Multi-State Effort to Defend Federal Mercury Emissions Standards
New Jersey Attorney General George Jepsen has joined with other attorneys general seeking to defend an air emissions rule that would reduce the amount of toxic mercury discharged by electric power plants by 90%.
Massachusetts filed a motion in the US Court of Appeals for the District of Columbia Circuit, seeking permission to intervene in a case that challenges the Mercury and Air Toxics Standards (MATS) rule.
Attorney General Jepsen, on behalf of the state Department of Energy and Environmental Protection (DEEP), joined the motion to intervene, along with the states of Maine, New Hampshire, Rhode Island, Vermont, New York, Delaware, Maryland, Illinois, Iowa, and New Mexico; and New York City.
“Connecticut joins this coalition of states to defend against challenges to the federal Environmental Protection Agency rule that seeks to control mercury emissions,” Attorney General Jepsen said. “This pollution poses a human health risk especially to children and the most vulnerable in the population. Reducing emissions of mercury is critical and will yield significant public health benefits.”
DEEP Commissioner Daniel Esty said, “EPA’s mercury emissions rule is a major step forward for air quality and public health, and also levels the economic playing field. For too long, other states have been able to benefit from cheaper electric power generated by dirtier power plants—while the harmful pollution this causes is carried here by prevailing wind patterns.”
“We appreciate the efforts of the Attorney General’s Office in going to court to defend this important rule,” Esty said.
The EPA estimates health benefits of $37 billion to $90 billion annually from the reductions. Mercury is highly toxic to humans, especially to developing fetuses and children, and wildlife. Deposited mercury can change into methylmercury, a more toxic form, which can accumulate in the food chain and cause serious illness and learning disabilities.
The MATS rule issued by the EPA in February requires sources of mercury emissions to reduce those levels substantially by installing, within three years, various control technologies already available in the market and used in the industry. The rule has since been challenged by various Industry groups, including the National Mining Association.
As a sector, electric generating plants are the largest domestic source of mercury emissions in the US. Installation of the control technology would also result in substantial reductions of other toxic metals, small particulates, and sulfur dioxide from those same sources.
The cost to the industry to install the technology needed to meet the new rule is estimated between $3 billion and $9 billion annually.
Pennsylvania DEP Issues Revised General Permit for Gas Wastewater Processing Facilities
Pennsylvania’s Department of Environmental Protection (DEP) has published a revised general permit for the processing and beneficial use of liquid waste from oil and gas well sites.
“This permit encourages recycling of wastewater by providing regulatory clarity, consistency and predictability,” said DEP Secretary Mike Krancer. “This permit replaces three existing general permits, which will improve efficiency and better protect our waterways.”
The revised Residual Waste Beneficial Use general permit () encourages using the closed-loop process, which is the reuse of liquid waste after it has been treated or processed. In this case, the liquid waste includes brine, flowback water, drilling muds, and stormwater.
The permit applies to oil and gas sites and other related infrastructure. This kind of reuse minimizes water withdrawals and impacts on Pennsylvania’s valuable water resources.
The revised permit consolidates into one—and renders redundant—three existing general permits, WMGR119, WMGR121, and WMGR123.
The revised permit also establishes water quality criteria that, if met, allow the processed water to be managed, stored, and transported as freshwater. Facilities will test regularly for 39 constituents, including strontium, barium, total dissolved solids, and radiation, in order to demonstrate that the processed wastewater meets the freshwater criteria. The criteria are based on drinking water standards and in-stream water quality standards. The permit specifies that the processed wastewater may only be used to develop or hydraulically fracture an oil or gas well.
Wastewater that does not meet the freshwater criteria must continue to be managed, stored, and transported as residual waste, a classification of industrial waste. Storage of such waste must take place in tanks or impoundment pits that use liners, leak detection monitoring, and other measures to contain any spills, leaks, or overflows.
There are 10 facilities operating under the prior general permits for processing and beneficially using oil and gas wastewater. These facilities will continue to operate under the new permit. Ten additional facilities have pending permit applications with DEP.
The agency published a draft version of this permit for public comment in August 2011. The revised permit was developed after considering approximately 80 comments submitted in response.
Truckers Urged to Avoid Last-minute Rush, Report Vehicles Now to Meet New March 30 Deadline
The California Air Resources Board (ARB) is reminding California-bound truck owners that the deadline to report information regarding their fleets has been extended to March 30, 2012.
ARB provided a two-month extension from the original January 31, 2012, reporting deadline to give fleet owners more time to submit their information before widespread enforcement of the regulation begins.
“We encourage all business owners to act immediately and contact us now with any questions. Waiting until the last minute—or even a few days before the deadline—should be avoided since our information hotlines are already extremely busy,” said Tony Brasil, Chief of the Heavy Duty Diesel Implementation Branch.
The March 30 deadline does not extend to particulate matter (PM) filter and other compliance requirements that began January 1, 2012.
The Truck and Bus Regulation provides flexibility for owners of heavier trucks and buses (those with a Gross Vehicle Weight Rating greater than 26,000 lb) with several options to reduce diesel emissions. They can:
- Follow a schedule that requires 1996-1999 model year engines be retrofitted with a diesel PM filter by January 1, 2012, with truck replacements starting January 1, 2015 for older trucks (this option has no reporting requirements).
- Delay installing a particulate filter on 1996–1999 trucks that have a Gross Vehicle Weight Rating of more than 26,000 lb if they own a small fleet. A small fleet is one that has 1–3 vehicles with a GVWR of more than 14,000 lb. (Truck owners must report to take advantage of this option.)
- Take advantage of other flexible compliance options in the regulation for vehicles with a GVWR of more than 26,000 lb. (Truck owners must also report to utilize these options.)
To expedite the reporting process or get information about the Truck and Bus Regulation, truck owners can:
- Call the Diesel Hotline at 866-6-DIESEL (866-634-3735)
- Get the latest on reporting information and updates: Reporting Requirements
ARB will enforce the truck and bus regulation throughout the state, including at California Highway Patrol weigh stations, distribution centers, fleet facilities, truck stops, and other random locations where trucks and buses are present. Vehicles that are in violation will be issued citations that carry penalties, including the potential impoundment of a non-compliant vehicle. However, ARB will use discretion in enforcing the regulation in order to account for mitigating circumstances (including documented good-faith efforts to comply).
The truck and bus regulation will significantly reduce emissions from the nearly one million heavy-duty diesel trucks that operate in California. The regulation is one of several emission control measures that aggressively target diesel pollution, which is associated with a host of health ailments including cancer. Diesel particulate filters remove at least 85% of the fine particle pollution found in diesel exhaust.
Glenn O. Hawbaker Inc. Fined $16,500 for Air Quality Violations at Bradford County Quarry
The Pennsylvania Department of Environmental Protection (DEP) has fined Glenn O. Hawbaker Inc., of Bellefonte, Pennsylvania, $16,500 for air quality violations documented in October 2011 at its quarry in Burlington Township, Pennsylvania.
“Twice last October, following numerous complaints from area residents, our inspectors found dust coming from operations at the site and from dirt that had been dragged onto Route 6 by quarry traffic,” DEP North-central Regional Director Nels Taber said.
DEP inspectors also discovered that a water spray system was not being used while the crusher was in operation, which further contributed to the amount of dust leaving the site.
The department sent a notice of violation to the company that required Hawbaker to make the necessary changes to keep dust from escaping the property.
In response, the company resumed operation of the water spray system as required by its permit; paved areas of heavy truck traffic; and constructed a truck wash station to remove any dirt or mud from the vehicles before they left the quarry and entered Route 6.
DEP Air Quality staff later documented that all violations had been corrected.
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Trivia Question of the Week
About how many species of birds are native to the US and Canada?
a. 925
b. 9,250
c. 19,250
d. 91,250
