Molybdenum Trioxide and Indium Tin Oxide Listed as Carcinogens

California’s Office of  Environmental Health Hazard Assessment (OEHHA) has indicated that the Agency plans to list molybdenum trioxide (CAS No. 1313-27-5) and indium tin oxide (CAS No. 50926-11-9) as chemicals as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). OEHHA has determined that each of these substances meets the criteria for listing by this mechanism.

California Health and Safety Code section 25249.8(a) incorporates California Labor Code section 6382(b)(1) into Proposition 65. The law requires that certain substances identified by the International Agency for Research on Cancer (IARC) be listed as known to cause cancer under Proposition 65. Labor Code section 6382(b)(1) refers to substances identified as human or animal carcinogens by IARC. OEHHA has adopted regulations concerning these listings in 27 CCR section 25904.  As the lead agency for the implementation of Proposition 65, OEHHA evaluates whether a chemical’s listing is required.

 

OEHHA determined that molybdenum trioxide and indium tin oxide meet the requirements for listing as known to the state to cause cancer for purposes of Proposition 65. IARC has published on its website “IARC Monographs on the Evaluation of Carcinogenic Risks to Humans, Volume 118. Welding, Molybdenum Trioxide, and Indium Tin Oxide.” (IARC 2018).  IARC concluded that molybdenum trioxide and indium tin oxide are classified in Group 2B (possibly carcinogenic to humans) based on sufficient evidence of carcinogenicity in animals (IARC 2018).

 

 

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On October 7, 2020, EPA Administrator Andrew Wheeler announced a proposal that offers regulatory flexibility to petroleum, chemical, and coal products manufacturing facilities, as well as petroleum bulk stations and terminals by amending Clean Air Act regulations to allow an alternate, less cumbersome mode of inspection for certain liquid storage vessels (tanks). This proposal would offer flexibility for more than 3,500 storage vessels to conduct in-service rather than out-of-service inspections. The Agency estimates this proposal could save $768,000 – $1,091,000 in regulatory costs annually and reduce emissions of volatile organic compounds by as much as 83-tons per year.

 

“This commonsense method of inspection not only reduces emissions of air pollutants, it also saves our vital domestic energy industry valuable time and resources,” said EPA Administrator Andrew Wheeler. “This action by EPA further demonstrates President Trump’s commitment to environmental protection while promoting America’s energy dominance.”

 

“The EPA rule announced today is a common-sense solution that will lower emissions, ensure safety and provide operators with increased regulatory flexibility. By allowing greater use of a well-established, safe and effective inspection method, this new policy is a meaningful contribution to our shared goal of environmentally responsible facility management,” said ITLA President Kathryn Clay. “ILTA and its members appreciate EPA’s efforts to address an issue that became especially challenging in recent months due to the pandemic-related imbalances in petroleum and fuels markets that constrained the storage sector.”

 

The current inspection method sometimes required under New Source Performance Standards (NSPS) Subpart Kb is expensive, labor intensive, and results in volatile organic compound air emissions and other pollutants from venting and flaring. The proposed amendments will both reduce burdens for these businesses and reduce emissions.

 

The proposal would allow owner/operators of certain large tanks known as Volatile Organic Liquid Storage Vessels to conduct less cumbersome “in-service” inspections of the tanks, without emptying and degassing the storage tank. Since 2018, EPA has received more than 300 requests from facilities seeking permission to conduct roof-top, also known as in-service, inspections to demonstrate compliance with a 1987 Clean Air Act regulation. These one-off requests are time consuming and burdensome for both tank owners and operators and for EPA. Further, EPA understands that in recent months inspecting these large tanks from the inside has become more challenging because there is a significant increase in the need for liquid storage capacity (particularly crude and petroleum products), due to slower consumer demand.

In 1987, EPA promulgated New Source Performance Standards Subpart Kb which applies to large storage tanks that store volatile organic liquids across a variety of industries, such as petroleum refineries, chemical plants and portions of the oil and gas industry. To reduce volatile organic compound emissions from storage vessels, NSPS Kb specifies, for certain tanks in certain circumstances, out of service inspections for holes and tears at least once every 10 years, as well as monitoring, recordkeeping, reporting, and other requirements to ensure compliance with the standards. In 1999, EPA finalized the National Emission Standards for Hazardous Air Pollutants (NESHAP) WW for storage vessels that, in certain circumstances, allow for less cumbersome in-service inspections, without emptying and degassing the storage tank. This proposal would allow compliance with NESHAP WW in lieu of compliance with NSPS Kb for storage tank inspection.

 

More information, including pre-publication versions of the Federal Register notices and related fact sheet, is available at https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage.

 

 

Cin-Air LP pleaded guilty and was sentenced in U.S. District Court today for violating the Clean Water Act by causing and mishandling a jet fuel leak in March 2019 at Lunken Airport.

 

The company was sentenced to one year of probation and ordered to pay a $90,000 fine. As part of its probation, the company will provide training to all employees on spill prevention and cleanup. It will also publish a full-page acknowledgment of its conduct in Business Air’s FBO Today.

 

According to the plea document, on March 21, 2019, Cin-Air’s fuel pump at the Lunken Airport airplane hangar was inadvertently left running overnight after a mechanic refueled an airplane.

 

A safety switch called the “dead man switch” had been previously altered with a zip tie, causing the switch to permanently stay in the open position.

 

When Cin-Air employees reported to work the morning of March 22, they discovered the fuel pump had been running all night and leaking. It was estimated that more than 3,000 gallons of fuel had spilled from the pump during the night.

 

Cin-Air never notified to the National Response Center and waited approximately six hours before notifying the Cincinnati Fire Department. Before calling the fire department, company employees washed down the spill area with water into a nearby storm sewer.

 

Emergency crews traced the fuel spill to a cove of the Little Miami River. No jet fuel was observed in the main river channel.

 

Efforts were made to contain and clean up the spill, and it is estimated 1,700 gallons of fuel were recovered. Cin-Air contributed approximately $220,000 toward nearly $440,000 in cleanup costs.

 

“The defendant’s negligence resulted in a fuel spill that contaminated the Little Miami River, a tributary of the Ohio River,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in Ohio. “Today’s sentencing demonstrates that EPA and our law enforcement partners are committed to enforcing laws designed to protect the health of our communities and our natural resources.”

 

 

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Ohio EPA has proposed changes to rules that address power plant efficiency. A virtual public hearing about the amended rules will be held Friday, Oct. 16, 2020. During the virtual hearing, which will begin at 10:30 a.m., the public may submit written comments on the record about the proposed amendments to the rules. Citizens who want to participate must register in advance of the meeting.

 

The proposed new rules are being developed to comply with U.S. EPA’s Affordable Clean Energy (ACE) rule. The federal ACE rule mandates the development of enforceable performance standards based on the application of technologies and methods U.S. EPA has determined to be the Best System of Emission Reduction (BSER) for reducing emissions of carbon dioxide. The rule allows states to consider other factors, such as remaining useful life, cost of compliance, and technical feasibility when establishing performance standards.

 

After considering public comments, Ohio EPA will make any necessary changes and finalize the rule.  Comments on the proposed rules may be presented at the hearing, or submitted by emailing Jennifer.vanvlerah@epa.ohio.gov. The public comment period ends at close of business Oct. 16. More information on the proposed rules update is available online at the Division of Air Pollution Control Rules and Laws web page. See information under the “proposed rules” tab.

 

On October 7, EPA published draft guidance that would allow researchers to forego testing chemicals on animal skin in certain circumstances to determine whether pesticides lead to adverse effects.

 

“This proposed guidance is a great example of how we can continue to protect human health and the environment and make science-based decisions about pesticide registrations without needing to conduct unnecessary tests on the skin of animals,” said EPA Administrator Andrew Wheeler. “Today’s action puts EPA on a path of eliminating the need for all mammal testing by 2035.”

 

“With this draft policy the Agency continues to make real progress in reducing animal testing requirements, saving animals and resources while maintaining environmental and human health protections,” said Physicians Committee for Responsible Medicine Vice President for Research Policy Kristie Sullivan. “The Physicians Committee encourages companies to consider this draft guidance to avoid dermal toxicity tests and thanks those involved in this analysis and resulting policy.”

 

The proposed dermal toxicity guidance would allow waivers for studies on single-active ingredients used to develop end use products to apply for waivers. In developing the guidance, EPA conducted a retrospective analysis and concluded that its requirements for such studies provides little to no added value in regulatory decision making. This guidance, when finalized, is expected to save up to 750 test animals annually from unnecessary testing as well as EPA, industry and laboratory resources.

 

EPA will take comments on the proposed guidance for 30 days after publication in the Federal Register. Comments can be submitted online at http://www.regulations.gov (Docket ID No. EPA-HQ-OPP-2016-0093). After carefully considering public input, EPA will finalize the Guidance.

 

In addition, EPA has launched a new webpage  that provides metrics and strategies for reducing and replacing animal testing, including links and resources to all pertinent guidance and workplans tied to the larger Toxicology in the 21st Century Initiative across the federal government.

In September 2019, Administrator Wheeler issued a directive calling for the Agency to reduce animal testing and funding 30 percent by 2025 and eliminate it by 2035. To support these efforts:

 

EPA will host its Second Annual Conference on the State of the Science on Development and Use of New Approach Methods (NAMs) for Chemical Safety Testing  virtually on October 19 and 20, 2020. To learn more about EPA efforts to reduce animal testing, see: https://www.epa.gov/research/efforts-reduce-animal-testing-epa.

 

 

The Idaho Department of Environmental Quality (DEQ) is seeking community participation in developing the Idaho Pollutant Discharge Elimination System (IPDES) User’s Guide to Permitting and Compliance: Volume 6—Sewage Sludge and Biosolids (User’s Guide Volume 6).

 

In 2018, DEQ received federal authorization to operate the IPDES program. Developing guidance documents is a key step in implementing delegated authority for this program. The User’s Guide Volume 6 will provide assistance for Idaho’s sewage sludge and biosolids preparers, applicators, owners or operators of surface disposal sites, and citizens on complying with DEQ administrative rules, Idaho Code, and the Clean Water Act, which govern the discharge of pollutants to waters of the United States in Idaho.

 

Participants will work with DEQ staff to develop the User’s Guide Volume 6 to help the regulated community and the public successfully navigate the IPDES registration and compliance process as it pertains to treatment works treating domestic waste and the final use and disposal of sewage sludge and biosolids.

 

The first meeting will be held on November 4, 2020, from 9 a.m. to 12 p.m. via Zoom.  For more information, visit https://www.deq.idaho.gov/water-quality/ipdes/guidance-development/. Contact Amy Williams, IPDES rules and guidance supervisor, at 208-373-0115 or amy.williams@deq.idaho.gov with any questions.

 

OSHA urged response crews and residents in areas affected by Hurricane Delta to be aware of hazards created by flooding, power loss, structural damage, fallen trees, and storm debris.

 

Recovery efforts after the storm may involve hazards related to restoring electricity and communications, removing debris, repairing water damage, repairing or replacing roofs, and trimming trees. Only individuals with proper training, equipment, and experience should conduct recovery and cleanup activities.

 

Protective measures after a weather disaster should include:

 

"Workers involved in storm cleanup can face a wide range of safety and health hazards," said OSHA Regional Administrator Kurt Petermeyer in Atlanta, Georgia. "Implementing safe work practices, using appropriate personal protective equipment and ensuring workers are properly trained can help minimize the risk of injuries and fatalities during storm cleanup operations."

 

OSHA maintains a comprehensive webpage on hurricane preparedness and response with safety tips to help employers and workers, including an alert on keeping workers safe during flood cleanup. Workers and employers involved in response and recovery efforts may call OSHA's toll-free hotline at 800-321-OSHA (6742) for assistance.

 

 

EPA announced a settlement with Safety-Kleen Systems Inc. over federal hazardous waste violations at their hazardous waste management facility in Los Angeles. Under the settlement, the company will pay a $102,700 civil penalty and take specific steps to properly manage hazardous wastes at its facility.

 

“This settlement will bring changes to Safety-Kleen’s operations, to ensure hazardous waste is properly handled and disposed of,” said EPA Pacific Southwest Regional Administrator John Busterud. “Safety-Kleen will implement these changes at all locations in the Pacific Southwest, to better protect communities, workers and customers.”

 

EPA inspected the Los Angeles facility in 2018 as part of EPA’s National Compliance Initiative to reduce hazardous air toxic emissions at hazardous waste facilities. As a result of the inspection, EPA identified violations of federal Resource Conservation and Recovery Act (RCRA) regulations at the Safety-Kleen facility, including failure to make accurate hazardous waste determinations for certain solid waste generated on-site at the facility.

 

In addition to paying the penalty, the company agreed to begin testing most of its customers’ containers for the hazardous chemical perchloroethylene, a likely human carcinogen, and committed to perform additional sampling of its waste streams. The settlement requires Safety-Kleen to implement these changes at all their locations in the Pacific Southwest. The company plans to spend at least $250,000 to implement these changes.

 

U.S. law requires the safe management of hazardous waste to protect public health and the environment and to prevent the need for costly and extensive cleanups.

 

Learn more about RCRA, and for more information on this EPA National Compliance Initiative, please visit: https://www.epa.gov/enforcement/national-compliance-initiative-reducing-hazardous-air-toxic-emissions-hazardous-waste.

 

Since the start of the coronavirus pandemic through Oct. 1, 2020, OSHA has cited 62 establishments for violations, resulting in proposed penalties totaling $913,133.  

OSHA inspections have resulted in the agency citing employers for violations, including failures to:

 

OSHA has already announced citations relating to 37 establishments, which can be found at dol.gov/newsroom. In addition to those establishments, the 25 establishments below have received coronavirus-related citations totaling $429,064 from OSHA relating to one or more of the above violations from Sept. 25 to Oct. 1, 2020. OSHA provides more information about individual citations at its Establishment Search website, which it updates periodically.

 

 

A full list of what standards were cited for each establishment – and the inspection number – are available here. An OSHA standards database can be found here.  Resources are available on OSHA’s COVID-19 webpage to help employers comply with these standards.

 

 

The California Air Resources Board announced a settlement with Del Monte Fresh Produce N.A. Inc. for $1,990,650 - the largest penalty to date related to clean air violations for the state’s groundbreaking Ocean-Going Vessel At Berth Regulation.

 

Del Monte Fresh Produce N.A. Inc., with its principal location in Coral Gables, Florida, is a global producer, marketer and distributor of fresh and fresh-cut fruit and vegetables.

 

“Our ports are vital to California’s economy, but port-based activities can create heavy pollution that can damage health and reduce the quality of life in nearby communities impacted by these emissions daily. This is particularly true when our regulations are not complied with,” said CARB Executive Officer Richard W. Corey. “The At-Berth Regulation is a critical tool for CARB to cut harmful toxic diesel emissions from ships docked in California ports, and we hope this penalty will send a message that violators will pay a hefty price if they fail to comply.”

 

The goal of CARB’s At-Berth Regulation is to reduce diesel emissions from ocean-going vessels. It requires anyone who owns, operates, charters, rents or leases any U.S. or foreign-flagged container, passenger or refrigerated-cargo vessel that visits a California port to meet the operational time limits and reduce their power generation fleet-wide, as well as submit statements of compliance. The auxiliary engines covered under this regulation power the electricity and other onboard operations during a vessel’s visit, which can run from less than one day to several days. Power reduction requirements have been phased in over time and fleets can accomplish this by turning off their diesel engines and connecting to grid-based shore power, or by using alternative technologies to achieve equivalent emission reductions while in port.

 

Through routine audits, CARB discovered that Del Monte’s chartered fleet calling at the Port of Hueneme for 2015-2016 did not meet the operational time limits for at least 50 percent of its visits and did not reduce its auxiliary engine power generation by 50 percent. In addition, their 2017-2019 chartered fleet visiting the same port did not meet the operational time limits for at least 70 percent of its visits and did not reduce its auxiliary engine power generation by 70 percent.

 

To resolve these violations, Del Monte agreed to pay a settlement of $1,990,650. Half of the funds will be paid to the Air Pollution Control Fund, and the company agreed to comply with all regulatory requirements. The remaining half will be paid to the Marine Vessel Speed Reduction Incentive Program, a supplemental environmental project located in the Santa Barbara Channel Region and the Bay Area. The project provides financial and other incentives for ocean-going vessels to reduce their speed in specified areas along the coast during peak ozone and migratory whale seasons. These reductions decrease air pollution and the mortality rate of endangered whales.

 

CARB recently adopted a new At-Berth Regulation to seek additional emissions reductions by including smaller fleets and additional vessel types such as roll-on/roll-off vehicle carriers and tankers. The rule builds on progress achieved by the original regulation, which helped to achieve an 80 percent reduction in harmful emissions from more than 13,000 vessel visits as of 2020. The new regulation will help achieve more public health protection for Californians living in communities near the ports.

 

 

To help you get the training you need, Environmental Resource Center has added a number of dates to our already popular live webcast training. Stay in compliance and learn the latest regulations from the comfort of your office or home. Webcast attendees receive the same benefits as our seminar attendees including expert instruction, comprehensive course materials, one year of access to our Answerline^TM service, course certificate, and a personalized user portal on Environmental Resource Center’s website.

 

Upcoming hazardous waste and DOT hazardous materials webcasts:

 

 

 

Environmental Resource Center has openings for EHS consultants and trainers. If you are looking for a new challenge, send your resume and salary requirements to Brian Karnofsky at brian@ercweb.com.

 

 

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