EPA plans to make several changes to the hazardous waste generator regulatory program to improve its clarity and effectiveness. The rule would strive to consolidate all hazardous waste generator regulations in Part 262 of the Code of Federal Regulations (CFR). The generator regulations are currently located in both Parts 261–265. Other changes EPA is considering would include clarifying: marking of tanks, closure requirements for large quantity generators, the hazardous waste determination regulation found at 40 CFR 262.11, when a generator is subject to full regulation as a large quantity generator, the regulatory status of facilities that generate both acute and non-acute hazardous waste in the same month, emergency response points of contact, and the Biennial Report regulations. Other changes being considered include requiring the labeling of conditionally exempt small quantity generator containers while hazardous wastes are being accumulated and periodic notification for small quantity generators.
Columbia, South Carolina RCRA and DOT Training
Indianapolis RCRA, DOT, and IATA/IMO Training
Atlanta RCRA, DOT, and SARA Title III Training
Tampa RCRA and DOT Training
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 (soon to be called “safety data sheet”), 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 MSDSs.
- January 20, 2012
- February 28, 2012
Register early to ensure your spot in one of the upcoming sessions. You may register online or call 1-800-537-2372 to register by phone.
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
EPA to Propose Adding Two Chemicals to TRI List
Nonylphenol is persistent in the aquatic environment and extremely toxic to aquatic organisms and has been found in environmental samples taken from freshwater, saltwater, groundwater, sediment, soil, and aquatic biota. EPA has developed an Action Plan to address concerns for releases of nonylphenol to the environment . The Action Plan includes the initiation of rulemaking to add nonylphenol to the TRI.
The National Toxicology Program (NTP) periodically published its Report on Carcinogens (RoC) which classifies chemicals as either “known to be a human carcinogen” or “reasonably anticipated to be a human carcinogen.” The RoC is a congressionally mandated scientific and public health document that provides data on carcinogenicity, genotoxicity, and biologic mechanisms. The RoC evaluations are performed by scientists from the NTP, other Federal health research and regulatory agencies, and non-government institutions. The RoC review process includes external peer review and public comment.
EPA reviewed the 12th edition of the NTP RoC to identify those chemicals that are not currently on the Toxics Release Inventory (TRI) list and that have not previously been reviewed for listing. One chemical, ortho-nitrotoluene, was identified as a candidate for addition to the TRI list.
EPA to Update TRI Reporting NAICS Codes to 2012 NAICS
EPA’s Toxic Release Inventory () Program plans to issue a direct final rule to incorporate 2012 North American Classification System (NAICS) codes for TRI reporting purposes. The Office of Management and Budget updates the NAICS codes every 5 years. The TRI Program currently uses 2007 codes and will adopt the 2012 NAICS codes that have been approved by OMB.
EPA to Amend TSCA Hazard Communication Program and Worker Protection Requirements for SNURs
In 1990, EPA issued regulations for the “Protection in the Workplace” (40 CFR 721.63) and “Hazard Communication Program” (40 CFR 721.72) components of the Significant New Uses of Chemical Substances regulations at 40 CFR 721. Where possible, these regulations are closely aligned with Occupational Safety and Health Administration (OSHA) regulations at 29 CFR 1910.1200 to enable easier and more effective implementation. This proposed EPA rulemaking will include changes in applicable Significant New Uses of Chemical Substances regulations at 40 CFR 721 to align these regulations, where possible, with the final revisions to the OSHA Hazard Communication Standard.
Formaldehyde Emissions Standards for Composite Wood Products
On July 7, 2010, the Formaldehyde Standards for Composite Wood Products Act was enacted. This law amends the Toxic Substances Control Act (TSCA) to establish specific formaldehyde emission limits for hardwood plywood, particleboard, and medium-density fiberboard, which limits are identical to the California emission limits for these products. The law further requires EPA to promulgate implementing regulations by January 1, 2013.
In this rulemaking, EPA plans to address the mandate to promulgate regulations to implement the statutory formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured (including imported) in the US. As directed by the statute, EPA will also consider provisions relating to, among other things, laminated products, products made with no-added formaldehyde resins, testing requirements, product labeling, chain of custody documentation and other recordkeeping requirements, and product inventory sell-through provisions. A separate Regulatory Agenda entry (RIN 2070-AJ44) covers the mandate for EPA to promulgate regulations to address requirements for accrediting bodies and third-party certifiers.
Workshops on Washington’s Better Brakes Draft Rules
The law restricts use of heavy metals and asbestos, and phases out the use of copper, in vehicle brake pads and shoes. One workshop will be conducted in-person and one will be hosted online.
People interested in the Better Brakes law and how it will be implemented in Washington are invited to attend either workshop. Brake manufacturers will be primarily responsible for complying with the law. However, this law also affects brake pad distributors, retailers, and installers.
The in-person workshop will be held on January 26, 2012, from 9:00 a.m. until noon in Tukwila, Washington. The online workshop will be on January 31, 2012, from 10:00 a.m. until noon (Pacific standard time).
Space is limited so participants must register for the workshop. After registering, you will receive an email with details about location, agenda, and information on how to log in to the online event.
The Better Brakes law was passed in 2010 with the aim of reducing toxic material in automotive brake pads and shoes. As the result of a collaborative effort, it passed with the support of brake and auto manufacturers, environmental groups, and Washington state businesses.
As brake pads wear down, copper and other metals are deposited on roadways, where they are washed into our state’s streams and rivers. In urban areas, brake pads account for up to half the copper entering our waterways.
Copper is highly toxic to fish and other aquatic species. Young salmon are especially susceptible to the effects of copper. Removing copper and other toxic metals from brake material will help clean up Puget Sound and other water bodies around the state.
Better Brakes requires Ecology to write rules to carry out the law. The rules will explain how brake pads and shoes will be certified and marked, define terms, and fill in details regarding how people must comply with the requirements of the law.
EPA and DTSC Broaden California’s Push for Safer Consumer Products
Consumers will see added momentum in California’s groundbreaking push for safer alternatives to toxic chemicals in everyday products following the signing of a landmark agreement by the California Department of Toxic Substances Control (DTSC) and the US EPA.
This formal agreement outlines principles by which DTSC and EPA will cooperate to reduce toxic chemicals in consumer products, create new business opportunities in the emerging safer consumer products economy, and reduce the burden on consumers and businesses struggling to identify what’s in the products they buy for their families and customers. The EPA is a leader in performing scientific evaluations that lead to safer alternatives. The Agency promotes the research, development, and implementation of innovative chemical technologies that accomplish pollution prevention in a scientifically sound and cost-effective manner. To accomplish these goals, the Green Chemistry Program recognizes and supports chemical technologies that reduce or eliminate the use or generation of hazardous substances during the design, manufacture, and use of chemical products and processes.
This agreement will allow DTSC and EPA to minimize duplication of effort and promote consistency in our methodology, which will ultimately improve environmental protection. The agreement also creates a partnership between the two agencies and sets up a framework to collaborate on Green Chemistry issues so that California’s innovative “Green Chemistry” program can grow.
“This is a major step in protecting Californians from unnecessary chemicals in everyday consumer products,” said DTSC’s Director Debbie Raphael. “The innovative spirit of this partnership also signals that government agencies can pool resources in a challenging fiscal environment to better serve the public,” she said.
“Collaborating with agencies like DTSC allows the tools and research created by the EPA to be put into practice and be used to protect human health and the environment,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.
The EPA’s Green Chemistry Program supports fundamental research in the area of environmentally benign chemistry as well as a variety of educational activities, international activities, conferences and meetings, and tool development, all through voluntary partnerships with academia, industry, other government agencies, and non-government organizations.
“This partnership will build and harmonize common tools and practices used to conduct alternative assessments to promote safer products,” said Jim Jones, EPA’s acting assistant administrator for the Office of Chemical Safety and Pollution Prevention. “These alternative assessments inform and speed the adoption of safer chemicals for use in products, homes, schools, and workplaces, which produce significant environmental and economic benefits.”
DTSC and EPA signed the agreement in a ceremony at California’s Kaiser Permanente Sidney R. Garfield Health Care Innovation Center in San Leandro, California. Kaiser Permanente is nationally recognized as an industry leader in safer products, using its purchasing power and a sustainability scorecard to press suppliers for safer chemicals in medical products.
“We spend billions of dollars every year on products. Yet despite that leverage we suffer the same problems that individual consumers face as they try to buy products that don’t contain harmful chemicals,” said Kathy Gerwig, Kaiser Permanente’s vice president for employee safety, health and wellness, and environmental stewardship officer. “We want to shift the burden of assessing what is safe from downstream users like us to upstream manufacturers.”
The agreement represents a major advance for Californians looking to buy safer children’s toys, personal care products, household cleaners, and other products. By shifting the question of an ingredient’s toxicity to the product development stage, concerns raised by Kaiser Permanente and other consumers can be addressed early on. The approach results in safer ingredients, and provides an opportunity for California industry to once again demonstrate its innovative spirit by making products that meet consumer demand throughout the world. DTSC’s informal draft Safer Consumer Products Regulations, scheduled to be finalized in 2012, will require manufacturers of selected products sold in California to identify safer alternatives to a potential range of 3,000 chemicals known to be harmful to public health and the environment.
DTSC expects to release its draft Safer Consumer Products Regulations in early 2012 for public comment. The Regulations are a cornerstone of California’s landmark Green Chemistry Initiative signed into law in 2008.
New Illinois Web Portal for Environmental Permitting Process
. It also increases transparency in the process by allowing applicants and other interested parties to track the progress of the Agency’s decision-making process. The portal is a result of Public Act 97-0095, which Governor Quinn signed last July.
“This process will help us grow our economy by cutting red tape for businesses, while also maintaining our strong commitment to the environment,” Governor Quinn said. “This site will allow companies to navigate the environmental permitting process more effectively and efficiently.”
“The improvements in the permitting process were developed in coordination with the Illinois business community with the goal of making compliance with environmental regulations less burdensome, yet without sacrificing protection of the state’s air, land and water, and public health,” said Illinois EPA Interim Director John Kim.
“The Illinois Environmental Regulatory Group, the Illinois Chamber of Commerce, and the Agency developed this positive first step to implement permitting reforms. The changes should markedly improve the Agency’s ability to respond to the needs of Illinois’ businesses, and will result in cost, time, and resource savings. I commend the Agency for their fine work,” said Todd Maisch, vice president of government affairs for the Illinois Chamber of Commerce.
In addition to the new portal, several other measures have been or will be implemented in the near future that will increase efficiency and reduce the time it takes to receive an environmental permit in Illinois. One such tool is the Registration of Smaller Sources (ROSS) program tailored to smaller sources of air pollution, rather than requiring them to undergo the extensive permitting process that larger emissions sources must go through.
- Application forms; many can be edited, saved, and submitted electronically
- Application checklists, instructions, and guidance
- Summary information on permitted projects
- An online permit tracking system that gives the status of a pending application
In the coming months, the Illinois EPA will be working with the regulated community to implement additional process improvements that will further reduce time and cost burdens on both business and the agency, while still meeting the same environmental protection goals.
Steps Taken to Develop North American Greenhouse Gas Emissions Trading Program
The following statement by James Goldstene (California) and Jim Whitestone (Ontario), co-chairs of the Western Climate Initiative was issued following the public stakeholders’ meeting of the WCI in San Francisco.
At today’s public stakeholder meeting the partners in WCI demonstrated a commitment to address climate change with a clear path towards a linked program to reduce greenhouse gases. This will create the largest carbon market in North America and provide a model that can guide future efforts to establish a creative roadmap for future national approaches in both Canada and the US to reduce greenhouse gas emissions.
This marks a significant step forward in our efforts to fight climate change. It will help clean the air, create new jobs, and establish WCI as a leader in the effort to reduce our dependence on petroleum and move toward a clean energy future.
New Jersey DEP Expands Land Use E-permitting Program
As part of its continuing commitment to customer service and transformation, the New Jersey Department of Environmental Protection (DEP) has launched a new service that will allow property owners and their contractors to apply online for certain types of freshwater wetlands permits.
The public can now apply online for two types of general permits—GP-8, which allows for additions to existing houses, and GP-25, which allows for replacements of malfunctioning septic systems.
“The Christie Administration is committed to cutting through red tape that creates unnecessary burdens for the public,” DEP Commissioner Bob Martin said. “This new e-permitting program is a key step toward that goal, providing property owners and their contractors with a more customer-friendly and easier-to-navigate way to apply for and receive rapid decisions on two common types of land use permits, while still requiring applicants to meet the same high environmental standards.”
The DEP for years has utilized on-line permit application systems for its air, water, and underground storage tanks programs. Last year, the DEP’s Division of Land Use Regulation launched its first e-permitting system allowing the public to apply for two types of waterfront development permits in coastal areas—a GP-14 for in-kind bulkhead replacements and a GP-19 for dock replacements in artificially constructed lagoons.
For all of these permits, applicants are required to answer a short list of questions and certify their responses as truthful and accurate. A computer program will then provide, within minutes, an automated approval or rejection based on the answers to this application.
“E-permitting has proven very successful,” said Marilyn Lennon, Assistant Commissioner of the Land Use Regulation Program. “By their nature, these general permits are less complex but can tie up DEP resources that could be better used elsewhere, including on enforcement of our environmental laws. Applicants must still meet our tough environmental standards. At the same time, quicker DEP decisions on projects can save property owners money, time, and aggravation.”
The DEP is also developing a program to allow applicants to submit wetlands delineations, know as Letters of Interpretation, through an on-line system. This system, expected to be available later this year, will allow the DEP to collect and store wetlands data on its Geographic Information System database, providing instant information to future property owners as well as neighbors on where sensitive wetlands are located.
Follow the registration process and create an account. When setting up your profile, select Land Use Permitting. Instructions are available at this web site, or you may call the Land Use Technical Support line at 609-777-0454. Select option 1 if you want to apply for a GP-8 permit or a GP-25 wetlands permit. Select option 3 if you want to apply for a GP-14 or GP-19 waterfront development permit.
More Than $1 Million for Dumping Oily Waste into Hawaiian Waters, Obstruction of Justice and Covering up Oil Pollution
Keoje Marine Co., Ltd., and two engineers from the M/T Keoje Tiger pleaded guilty in federal court in Honolulu to environmental crimes violations, announced Environment and Natural Resources Division Assistant Attorney General Ignacia S. Moreno and US Attorney Florence T. Nakakuni.
Keoje Marine was sentenced to pay a $1.15 million criminal penalty, $250,000 of which will go to the National Fish and Wildlife Foundation as a community service payment for projects aimed at protecting and restoring marine resources in the District of Hawaii. Keoje Marine pleaded guilty to three felonies: violating the CWA for the dumping of oily bilge waste into waters off Hawaii that may have affected the natural resources of the US, violating the Act to Prevent Pollution from ships for covering up the dumping of the oily waste by falsifying the vessel’s oil record book and obstruction of justice during a US Coast Guard inspection of the M/T Keoje Tiger in October 2011.
“Keoje and two of its senior ship engineers violated US laws that protect our treasured oceans and critical marine habitats from harm,” said Assistant Attorney General Moreno. “The shipping industry is crucial to global commerce, but it is also subject toUS and international laws that protect the ocean from all-too-common and illegal practices exhibited by the defendant. This substantial penalty should demonstrate to the shipping industry that those who illegally dump in US waters, or who compound their crime by lying to the US Coast Guard, will be investigated, prosecuted, and held fully accountable.”
“Enforcing the environmental laws in Hawaii is a high priority for this Office,” said US Attorney Nakakuni. “This case shows our commitment to aggressively investigate and prosecute violators of those laws. Further, this case will help us improve our environment by mandating that $250,000 of the corporation’s fine be used to improve Hawaii’s coral reefs. Overall, this case is an important victory for those of us who cherish Hawaii.”
“The swift resolution of this case sends a clear message that the federal government is committed to protecting the marine environment,” said Capt. Joanna Nunan, US Coast Guard Sector Honolulu commander. “A substantial portion of this $1.15 million settlement will go to preserve Hawaii’s coral reefs, while sending a stern message to potential violators.”
Keoje Marine owned and operated the M/T Keoje Tiger, a 4,228 gross ton oil tanker that brought fuel and supplies to fishing vessels in the South Pacific as a “floating gas station.” According to the plea agreement, during a voyage to Hawaii that ended in Honolulu on October 12, 2011, certain crewmembers from the vessel knowingly discharged oil in the form of oily bilge waste into the exclusive economic zone of the US in quantities that may have been harmful to the natural resources of the US. This was accomplished through the use of a bypass or “magic hose” that was connected from pumps in the engine room to a valve that lead directly overboard into the sea, bypassing the oil water separator, a required piece of pollution prevention equipment. Oily bilge waste was discharged from the vessel routinely from March to October 2011. The practice onboard the vessel was uncovered by US Coast Guard inspectors after receiving a tip from a crewmember.
All discharges of oily bilge waste from a vessel are required to be recorded in the vessel’s oil record book. However, none of the illegal discharges were recorded in the oil record book for the M/T Keoje Tiger.
The chief engineer of the vessel, Bong Seob Bag, 54, pleaded guilty to falsifying the vessel’s oil record book and failing to record that oily bilge waste had been directly discharged into the sea. Bag was the senior-most engineer on the vessel and in charge of the operations in the engine room, and he was required to maintain an accurate oil record book. Bag was sentenced to three years of probation during which he is banned from entering the US.
First Assistant Engineer Dwintoro, 46, also pleaded guilty for his role in causing the oil record book to be false. Dwintoro was in charge of the daily operations in the engine room and on numerous occasions directed that the “magic hose” be hooked up to discharge oily waste directly into the sea. Dwintoro was sentenced to three years of probation during which he is banned from entering the US.
In addition to the fine and community service payment, Keoje Marine will be required to implement an environmental compliance plan which will ensure that any ship operated by the company complies with all maritime environmental requirements established under applicable international, flag state, and port state laws. The plan ensures that Keoje Marine employees and the crew of any vessel operated by it are properly trained in preventing maritime pollution. An independent monitor will report to the court about the company’s compliance with its obligations during the period of probation.
This case was investigated by the US Coast Guard and the EPA. The case was prosecuted by Ken Nelson in the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice and by Marshall Silverberg, Assistant US Attorney for the District of Hawaii.
Triad Mining Agrees to Resolve Clean Water Act Violations and Restore Affected Waterways in Indiana
Triad Mining Inc., the owner and operator of 31 surface mines in Appalachia and Indiana, has agreed to pay a penalty and to restore affected waterways for failing to obtain the required CWA permit for stream impacts caused by its surface mining operation in Indiana, announced the Department of Justice and the EPA. Since 2002, Triad’s mining operation has resulted in the unpermitted excavation and filling of more than 53,000 feet of streams that flow into the White River.
“With this settlement, Triad will achieve compliance with the nation’s Clean Water Act and be held accountable for its unpermitted discharges into streams of the White River watershed,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Triad must also undertake restoration efforts and mitigate impacts from its mining activities by enhancing stream beds and creating buffer areas that will benefit aquatic life and recreational resources for the people of Indiana.”
“Protecting America’s waters is one of EPA’s top priorities,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will ensure that waterways impacted by unpermitted mining operations are restored and can again benefit the state of Indiana and the surrounding communities.”
Triad, a subsidiary of James River Coal Company, obtained the required Surface Mining Control and Reclamation Act permits from the state of Indiana for its mining operations, but never obtained the required CWA permit for the site, despite the fact that its surface mining operation involved excavating coal seams located directly below stream beds.
On March 24, 2008, the Army Corps of Engineers issued a cease and desist order requiring Triad to stop its unauthorized stream-filling activities. Triad continued its mining practices until the Army Corps of Engineers sent a second order on June 24, 2009, which Triad complied with. Since the second order was issued, Triad has continued mining, but has avoided additional impacts to streams.
Triad will also create and maintain 66 acres of forested buffer areas and nine acres of forested wetland to protect the restored streams. Triad will also pay a $810,171 civil penalty.
The proposed settlement, lodged in the US District Court for the Southern District of Indiana, is subject to a 30-day comment period and final court approval.
Online Registration Now Available for California’s Cap-and-Trade Program
The California Air Resources Board (ARB) is providing an online registration form for covered entities to register for the cap-and-trade program as required by the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Regulation. Under the regulation, entities that meet the requirements to be designated as covered entities must register for the cap-and-trade program by January 31, 2012. The information provided by registrants is needed to initiate the regulatory relationship between ARB and entities subject to the cap-and-trade regulation. This information will also be used to communicate important regulatory and implementation information with the covered entities. Voluntary market participants may also use the form to register for the program, but they are not subject to the January 31, 2012 deadline.
ARB staff is also developing the Compliance Instrument Tracking System Service (CITSS) to support the cap-and-trade regulation. CITSS will provide accounts for market participants to hold and retire compliance instruments (allowances and ARB offsets), and to participate in transactions of compliance instruments with other account holders. Registration in the CITSS will be available by spring of 2012. Staff will provide training on the system and details about any requirements for additional required or updated information (beyond that provided on the form linked to this notice) as part of the CITSS registration process. For general questions regarding the cap-and-trade program, please call the cap-and-trade hotline number at 916-322-2037.
Proposed Confidentiality Determinations for Data Elements Under the Mandatory Reporting of Greenhouse Gases Rule
. On July 7, 2010, EPA proposed confidentiality determinations for data elements and is issuing this re-proposal due to significant changes to certain data elements. In addition, EPA is proposing confidentiality determinations for seven new data elements that are not inputs to equations.
EPA is also proposing to categorize three data elements as inputs to emission equations and to defer their reporting deadline to March 31, 2013. Comments must be received on or before March 12, 2012.
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Trivia Question of the Week
Containers at 90-day hazardous waste accumulation points must be equipped with emission controls, unless they do not contain waste with VOCs or they are less than what capacity?a. 1 gallon
b. 0.1 cubic meters
c. 55 gallons
d. 119 gallons
