Additionally under the new rule, in accordance with requirements adopted on September 27, 2010, by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in texting while driving.
This new rule takes effect March 30, 2011, and will improve the health and safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every chemical label, MSDS (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 SDSs.
Theses dramatic changes will also impact other OSHA standards such as Flammable and Combustible Liquids, Process Safety Management (PSM), Hazardous Waste Operations and Emergency Response (HAZWOPER), Fire Prevention and Protection, Occupational Exposure to Hazardous Chemicals in Laboratories, and many of the chemical-specific OSHA standards such as the Lead Standard.
At this live webcast, you will learn:
- GHS standards OSHA is adopting
- How the new standards differ from current requirements
- How to implement the changes
- Expected timetable for GHS implementation
Cary, North Carolina 24-Hr and 40-Hr HAZWOPER Courses
Personnel who are expected to stop, contain, and clean up on-site releases are required to have 24 hours of initial training. Personnel who are involved in cleanups at waste sites—including Superfund sites, RCRA corrective action sites, or even voluntary cleanups involving hazardous substances—must have 40 hours of initial classroom instruction.
Satisfy your training requirements by attending a comprehensive class that provides in-depth instruction on how to perform emergency response activities. Topics include hazard recognition, spill control and containment, worker protection, and waste site activities such as site characterization, waste handling, and decontamination. You will have the opportunity to apply your training during a hands-on simulated incident response.
Advertising Opportunities Available
Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™.
DOT Issues Tougher Hazmat Shipping Rule
The new rule, which implements authority granted by Congress, allows inspectors to investigate shipments of hazardous materials during transport and take tougher enforcement action against companies shipping in an unsafe manner.
“Safety is the Department’s number one priority, and this rulemaking will give our inspectors the tools they need to ensure hazardous materials are packaged correctly and reach their destination safely,” said U.S. Transportation Secretary Ray LaHood.
The new authority allows Department inspectors to close down shipping companies with poor safety records. It also specifically authorizes inspectors to take immediate action when there is a significant safety problem with a package in transit. This includes ordering restrictions, bans, or immediate recalls of faulty packages. With these new provisions, inspectors will be able to temporarily detain and inspect packages that may pose a serious threat to life, property, or the environment. Department inspectors will also be able to immediately open packages even if the request to open them is refused. However, if a particular package is detained, the rest of the shipment may continue in transit.
“This rulemaking is another step in ensuring the safe transportation of hazardous materials by providing our inspectors the authority to conduct thorough investigations, to remove non-compliant packages from transportation, and to recall packages that could pose a significant threat to the public and the environment,” said PHMSA Administrator Cynthia Quarterman.
The rule applies to U.S. DOT inspectors in PHMSA, as well as the Federal Aviation Administration, Federal Motor Carrier Safety Administration, and Federal Railroad Administration. The final rule goes into effect May 1.
EPA Seeking Input on Electronic Stewardship
Businesses who manufacture, distribute, sell, label, certify, verify, refurbish, recycle, purchase or use consumer, commercial, or industrial electronics, or conduct research in any of these areas may be particularly interested in submitting comments since their businesses will likely be affected by the outcome of the national framework. . The comment period deadline is March 11, 2011.
Council on Environmental Quality (CEQ) Chair Nancy Sutley established an interagency task force on November 8, 2010, to provide a national strategy and recommendations for areas of Federal agency operational and managerial improvement associated with electronics stewardship. The Task Force is scheduled to deliver a national framework for electronics stewardship to CEQ by May 6, 2011.
EPA Seeking Comments for Proposed Contaminant Monitoring Additions Under Safe Drinking Water Act
As part of its commitment to implement sensible protections of drinking water for communities across the country, and as required by the Safe Drinking Water Act, EPA is proposing 30 currently unregulated contaminants for monitoring in water systems, and is submitting this proposal for public comment. The comment period will allow the public and other stakeholders to provide input on the selection of new contaminants for monitoring, and will help determine the best path forward as the EPA seeks to collect data that will inform future decisions about how best to protect drinking water.
“Ensuring clean and safe drinking water for all Americans is a top priority for EPA,” said Nancy Stoner, acting assistant administrator for EPA’s Office of Water. “In keeping with the Safe Drinking Water Act, we are submitting for public comment and input our proposed next round of currently unregulated contaminants for monitoring. Learning more about the prevalence of these contaminants will allow EPA to better protect people’s health.”
Under the authority of the Safe Drinking Water Act, EPA currently regulates more than 90 contaminants in drinking water. To keep drinking water standards up-to-date with emerging science, the Safe Drinking Water Act requires that EPA identify up to 30 unregulated contaminants for monitoring every five years. This current proposal is the third Unregulated Contaminant Monitoring Regulation and includes requirements to monitor for two viruses and 28 chemical contaminants that could be present in drinking water and do not currently have health-based standards.
EPA is requesting public comment on the proposed list of 30 contaminants until May 2, 2011. Following the public comment period, EPA will consider this important input before the list is scheduled to be finalized in 2012, with sampling to be conducted from 2013 to 2015. Sampling will take place at all systems serving more than 10,000 people and at a representative sampling of systems serving less than 10,000 people.
EPA Announces Next Steps for Greenhouse Gas Emissions Reporting Program
EPA has announced that its Greenhouse Gas (GHG) Reporting Program has recently completed extensive work to develop GHG data reporting requirements for a wide range of different industries in response to Congressional mandates. This program will provide Congress, stakeholder groups, and the public with information about these emissions while helping businesses identify cost effective ways to reduce emissions in the future.
To ensure that the requirements are practical and understandable to the thousands of companies already registered to report under the program, the agency is in the process of finalizing a user-friendly online electronic reporting platform.
Following conversations with industry and others, and in the interest of providing high quality data to the public this year, EPA is extending this year’s reporting deadline—originally March 31—and plans to have the final uploading tool available this summer, with the data scheduled to be published later this year. This extension will allow EPA to further test the system that facilities will use to submit data and give industry the opportunity to test the tool, provide feedback, and have sufficient time to become familiar with the tool prior to reporting. The agency will provide more detail on these intended changes in the coming weeks and will ensure that this reporting extension is in effect before the original reporting deadline of March 31, 2011.
In addition to the nine rulemakings necessary to comply with congressional direction for the program, over the past two years EPA has established a public help center through EPA’s website and efficient mechanisms for stakeholders to get answers from EPA experts to detailed technical questions. EPA has also conducted training sessions with each affected sector and held hundreds of meetings with stakeholders across the country.
EPA’s GHG reporting program, launched in October 2009, requires the reporting of GHG emissions data from large emission sources and fuel suppliers across a range of industry sectors. This program will provide data that will help industries find ways to be more efficient and save money.
EPA Seeking Comments on Considering Environmental Justice during the Rulemaking Process
EPA is releasing an interim guide on incorporating environmental justice into the Agency’s process for developing rules and regulations. It helps EPA staff determine whether actions raise possible environmental justice concerns and encourages public participation in the rulemaking process.
The Guide is part of EPA’s efforts to advance environmental justice and to protect the health and safety of the historically underrepresented in the environmental decision-making process—minority, low-income, and indigenous populations, and tribes—who are often most at risk from environmental hazards.
EPA is looking for feedback and input on how to best implement and improve the Guide and on ways EPA can further advance efforts toward environmental justice.
GSA and Construction Firms Pay $100,000 Penalty for Mishandling Asbestos at Building Renovation
EPA has settled an enforcement action against the U.S. General Services Administration (GSA) and four private parties for alleged violations of the Clean Air Act (CAA) at the John W. McCormack Post Office and Court House Building in Boston, Massachusetts. The parties will collectively pay a penalty of $100,000.
The action alleged that GSA, Goody Clancy and Associates, ATC Associates, Suffolk Construction Company, and Fleet Industrial Services violated federal CAA requirements for failing to properly remove, handle, and dispose of asbestos during the building’s renovations in 2007. GSA is the owner/operator of the building, and the private companies were asbestos abatement contractors, and architectural and construction contractors to GSA during the time of the renovations and violations.
The violations were discovered during joint inspections by EPA and the Massachusetts Division of Occupational Safety. Following the inspections, EPA issued an Immediate Compliance Order requiring GSA and the companies to quickly remedy their actions.
GSA and the companies expeditiously complied with the Order, and EPA is not aware of any harm to human health and the environment caused by the alleged violations.
Arch Coal to Pay $4 Million to Settle CWA Violations in Appalachian Mining Operations
EPA and the U.S. Justice Department have announced that Arch Coal, Inc., the second largest supplier of coal in the United States, has agreed to pay a $4 million dollar penalty for alleged violations of the CWA in Virginia, West Virginia, and Kentucky. Under the settlement, Arch Coal will implement changes to its mining operations in Virginia, West Virginia, and Kentucky to ensure compliance with the CWA.
“Violations at mining operations can have significant environmental and public health consequences, including the pollution of the waters that people use for drinking, swimming and fishing,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “It is critical that companies operating next door to homes, schools and other businesses meet the standards established to protect the health and the environment for these communities.”
“The measures required by this settlement will prevent pollutants from entering waterways and bring wide-ranging improvements to mining operations in four mining complexes across three states,” said Ignacia. S. Moreno, assistant attorney general of the Environment and Natural Resources Division of the Department of Justice. “These changes will mean a healthier environment for local communities and will help ensure Arch Coal’s compliance with the Clean Water Act.”
As part of the settlement, Arch Coal has agreed to take measures that will prevent an estimated 2 million pounds of pollution from entering the nation’s waters each year. Arch will also implement a treatment system to reduce discharges of selenium, a pollutant found in mine discharges. Selenium runoff from mining operations can build up in streams and have an adverse impact on aquatic organisms.
Arch Coal has agreed to implement a series of inspections, audits, and tracking measures to ensure treatment systems are working properly and that future compliance is achieved. The company is also required to develop and implement a compliance management system to help foster a top-down, compliance and prevention-focused approach to CWA issues.
A joint federal-state complaint filed in U.S. District Court in the Southern District of West Virginia by the United States, West Virginia, and Kentucky alleged numerous violations of Arch Coal’s permits that set limits on pollutants to be discharged into streams. The alleged excess discharges of iron, total suspended solids, manganese, and other pollutants reflect deficiencies in operation and maintenance of wastewater treatment systems in place at four of the company’s mining facilities: Coal Mac, Inc.; Lone Mountain Processing, Inc.; Cumberland River Coal Co.; and Mingo Logan Coal Co.
Under the settlement, $2 million of the $4 million civil penalty will be paid to the United States and the remaining $2 million will be divided between West Virginia and Kentucky based on the percentage of alleged violations in each state.
PowerTrain to Pay $2 Million for Selling Thousands of Engines that Failed to Meet CAA Standards
EPA and the U.S. Justice Department have announced that Mississippi-based PowerTrain, Inc., will pay a civil penalty of $2 million to resolve claims that the company imported and sold nearly 80,000 nonroad engines and equipment from China that did not meet standards under the CAA.
“We enforce the standards for emissions from imported engines to protect the air we breathe and at the same time protect responsible companies that play by the rules,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement helps ensure cleaner air and a level playing field for companies that meet U.S. emissions standards.”
“As this settlement shows, we will vigorously enforce the law to ensure that Americans buying foreign imports get environmentally sound products that conform with U.S. laws,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “We will not allow those who cut corners and violate federal emission standards to gain an unfair economic advantage over responsible businesses who comply with our nation’s clean air law.”
Between 2002 and 2008, PowerTrain imported 79,830 nonroad engines or pieces of equipment into the U.S. that were not covered by a CAA-required certificate of conformity. The engines and equipment were sold to businesses and individuals through Wood Sales Company, Inc., and Tool Mart, Inc. The engines and equipment were not covered by certificates of conformity because they were different models, had different power ratings, or were made by a different manufacturer than listed on the certificate. The engines also lacked two-year emissions-related warranties, as required by law.
Under the settlement, PowerTrain will implement a plan to ensure that the engines and equipment they import in the future comply with CAA requirements. They will also offset the excess emissions of hydrocarbons, nitrogen oxides, and carbon monoxide resulting from the sale of the illegal engines and equipment. As one of the offset projects, PowerTrain will spend an estimated $600,000 to provide subsidies for consumers to replace old wood-burning appliances with efficient, EPA-certified wood stoves.
EPA estimates that the PowerTrain engines that were sold to the public caused excess emissions of hydrocarbons and nitrogen oxides, which contribute to the formation of ground-level ozone (smog). Ground level ozone can trigger a variety of health problems, including chest pain, coughing, throat irritation, and congestion. It can also worsen bronchitis, emphysema, and asthma.
The settlement is the latest in a series of cases brought as part of EPA’s effort to ensure that vehicles and engines imported into the U.S. comply with CAA standards. EPA and the Justice Department announced settlements with Pep Boys – Manny, Moe and Jack and Baja, Inc., in 2010 and with the McCulloch Corporation, Jenn Feng Industrial Co. Ltd., MTD Southwest, Inc., and MTD Products, Inc., in 2008.
Former EPA Fugitive Sentenced for Falsifying Vehicle Emissions Reports
Joseph DeMatteo of Clark County, Nevada, has been sentenced to serve five months home detention, followed by a term of three years probation, for criminally violating the CAA. He was also ordered to pay a $100 special assessment to the court. DeMatteo, an EPA fugitive, was one of 10 Nevada-certified emissions testers indicted on January 6, 2010, by a federal grand jury on one felony count for falsifying vehicle emissions test reports in Las Vegas between November 2007 and May 2009. It is a crime to knowingly alter or conceal any record or other document required to be maintained by the CAA.
“Today’s sentence demonstrates that individuals who knowingly violate our nation’s environmental laws and then flee the court’s jurisdiction will be caught and brought to justice,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Abusing emissions testing responsibilities puts communities’ air quality at risk. With information provided through the EPA fugitive’s list, we were able to work with the public and other law enforcement agencies to capture and complete the sentencing of a defendant who attempted to circumvent the law.”
Although the other nine defendants were promptly located and charged, DeMatteo failed to surrender to federal law enforcement authorities. Shortly after the indictments were released, DeMatteo was placed on the EPA fugitive list. DeMatteo was arrested in Las Vegas on June 8, 2010, by special agents after EPA received a tip on his whereabouts. On October 14, 2010, DeMatteo pleaded guilty to making a material false statement in violation of the CAA.
The other defendants indicted are Eduardo Franco, Alexander Worster, Wadji Waked, Adolfo Contreras, David Nelson, William McCown, Gary Smith, Peter Escudero, and Louis Demeo. DeMatteo will be the sixth defendant sentenced.
The defendants engaged in a practice known as “clean scanning” vehicles. The identification number of a vehicle that cannot pass the emissions test—or is not even present for testing—is entered into the computer system, but a different car that can pass the emissions test is actually tested. The data is then recorded on the vehicle inspection report so that the initial car fraudulently “passed” the test. The cost of getting the fraudulent report was anywhere from $10 to $100 more than the usual emissions testing fee.
Las Vegas is required to perform emissions testing because currently it violates ozone and carbon monoxide standards. Ozone is linked to a number of serious health problems, including causing asthma attacks and increasing the risk of premature death in people with heart or lung disease. Carbon monoxide can cause harmful health effects by reducing oxygen delivery to the body’s organs.
The case was investigated by EPA’s Office of Criminal Enforcement and the Nevada Department of Motor Vehicles Compliance Enforcement Division. The case was prosecuted by the U.S. Attorney’s Office for the District of Nevada and the Justice Department’s Environmental Crimes Section.
Launched in December 2008, EPA’s fugitive website contains information about individuals who have failed to turn themselves in after being indicted and charged with or convicted of violating environmental laws. To date, information from citizens or law enforcement organizations have assisted in the arrest or capture of five fugitives and the surrender of two others. Of those, five were sentenced, one was found not guilty, and one is scheduled for sentencing later this month.
Because some fugitives may be armed and dangerous, the public should not try to apprehend any of the individuals. The website contains a form that can be used to report information related to a fugitive’s identity and/or current location. Citizens may also report the information to their local police or, if outside the United States, to the nearest U.S. Embassy. EPA reviews all reports submitted.
Grocery Store Ordered to Stop Selling Unregistered Pesticides
EPA issued a Stop Sale, Use or Removal Order on January 21, 2011, to Kyung Ho Ock and Jin Mi Ock, Inc., the owner and operator of the Jin Mi Oriental Market in Beltsville, Maryland, barring the store from selling and distributing 14 different unregistered pesticide products.
During an EPA inspection, 14 unregistered pesticide products were found offered for sale at the grocery, located at 10800 Rhode Island Ave. The labeling of each product claimed or indicated that the product would repel or control various insects, but none of the products were registered with EPA as pesticides. The labeling for each product was mainly in Korean, but each of the products indicated that it was to be used as a pesticide either through English-language claims or through clearly understood illustrations.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is a federal law that requires the registration of pesticide products and pesticide-production facilities, and the proper labeling of pesticides. This requirement protects public health and the environment by ensuring safe production, handling, and application of pesticides and cleaners and by preventing false, misleading, or unverifiable product claims.
Registered pesticides are assigned unique EPA registration numbers which are required to be shown on the product label, enabling EPA to track the exact product involved in the event of a complaint or other incident. As part of the registration process, EPA imposes very specific labeling requirements for each product, including statements of active ingredients, instructions for proper use, and safety instructions and warnings.
This case is part of EPA efforts to curtail the sale and distribution of unregistered pesticides that may pose health risks to the public, and particularly children, due to inadequate labeling and packaging. EPA is working with state and local officials to stop the sale of unregistered pesticides and cleaners and to warn communities of the hazards of such products.
EPA’s order, which was signed on January 21, 2011, requires the facility to immediately stop the sale and distribution of the unregistered pesticides. Violation of the order could result in penalties. The statutory maximum penalty under FIFRA is up to $7,500 per violation.
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Trivia Question of the Week
According to Virginia Tech Transportation Institute’s (VTTI) final report on, “Driver Distraction in Commercial Vehicle Operations,” released October 1, 2009, the odds of a commercial vehicle driver being involved in a safety-critical event are how many times greater for drivers who text message while driving?
a. 2.3 times greater
b. 3.2 times greater
c. 13.2 times greater
d. 23.2 times greater