No Such Thing as A Free Manifest?

November 29, 2004

The Maine Department of Environmental Protection offers up to 50 copies of its Uniform Hazardous waste manifest and Universal Bills of Lading on its web site. Of course, if you are shipping waste to another state, if that state requires a state manifest, youÆll need use the destination state manifest. The Maine DEP also recently published a list of sites that recycle or handle universal waste.

DOT Safety Advisory on Unauthorized Marking of Compressed Gas Cylinders

DOT's Research and Special Programs Administration (RSPA) is investigating the unauthorized marking of DOT specification high-pressure carbon dioxide fire extinguishers serviced by Statewide Fire Equipment, Inc. (Statewide), West Buxton, ME. Note that non-DOT specification dry chemical fire extinguishers are not at issue. RSPA has evidence that suggests Statewide marked, certified and returned to service numerous high-pressure DOT specification carbon dioxide fire extinguishers when the cylinders had not been properly requalified in accordance with the Hazardous Materials Regulations. In addition, the evidence suggests that Statewide used the Retester Identification Numbers (RINs) of several other licensed retest facilities without the permission or knowledge of these facilities. A hydrostatic retest and visual inspection are used to verify the structural integrity of compressed gas cylinders. If a hydrostatic retest and visual inspection are not performed within the time period required by the HMR, cylinders with compromised structural integrity may be returned to service when they should be condemned. Extensive property damage, serious personal injury, or death could result from rupture of a cylinder.

These cylinders are owned by municipal school systems, fire departments, and a yet to be determined number of other customers in southern Maine, The HMR require that a cylinder requalification facility hold a current RIN issued by RSPA. Statewide has never applied for or received a RIN; therefore it is not an authorized cylinder requalification facility. Cylinders serviced by Statewide were found to be marked with the RINs of four different authorized requalification facilities. The facilities and RIN numbers are: RIN A803 issued to AAA ire Extinguisher Co., Inc. (AAA Fire Extinguisher), 328 Rodman Road, Auburn, ME, (207) 784-8306; RIN A887 issued to Simplex Grinnell LP (Simplex Grinnell), 20 Thomas Drive, Westbrook, ME, (207) 842-6440; RIN A813 issued to J. N. Johnson Sales & Service, Inc., (J. N. Johnson), 4200 West 76th Street, Edina, MN, (952) 835-4600; and RIN A857 issued to Orange County Fire Protection (Orange County Fire), 137 West Bristol Lane, Orange, CA, (714) 974-9025.

This safety advisory covers all high-pressure DOT specification fire extinguishers that have been marked and certified as having been requalified while in the custody of Statewide. These cylinders may pose a safety risk to the public and should be considered unsafe for use in hazardous materials service until requalified by an authorized retest facility. Furthermore, cylinders described in this safety advisory must not be filled with a hazardous material unless the cylinders are first properly retested by an authorized retest facility. A list of authorized requalification facilities sorted by state or by RIN number ay be obtained at RSPA's Web site

For further information, contact Anthony Lima, Senior Hazardous Materials Enforcement Specialist, Eastern Region, Office of Hazardous Materials Enforcement, at (609) 989-2252. RSPA requests that any person possessing a high pressure DOT specification fire extinguisher serviced by Statewide since 1995 contact inspector Anthony Lima with the following information for each cylinder: (1) The DOT specification number and service pressure, (2) the serial number which should be marked in association with the specification number and service pressure, (3) the RIN number and the month and year of the last marked requalification, (4) invoices from Statewide that have the line item, Hydrostatic Tests completed, and (5) the customer name, address, contact person and telephone number so the inspector may contact you if necessary. Please provide the requested information via facsimile to: (775) 307-4971.

Ohio Proposes Rules for the Prevention of Chemical Accidents

Ohio EPA has issued draft updates to regulations designed to prevent serious chemical accidents that have the potential to affect public health and the environment. The Agency will accept public comments through November 22, 2004. The risk management plan program rules were amended by U.S. EPA in April 2004, and Ohio has proposed state rule amendments to make Ohio's rules consistent with federal requirements.

The Clean Air Act Amendments of 1990 required U.S. EPA to develop rules for chemical accident prevention, which were required to include hazard assessments, a prevention program and an emergency response program. Ohio EPA received authority for the State's risk management plan program from U.S. EPA in January 2000.

The following rule amendments have been drafted:

  • Facility owners or operators would be required to update operational or process changes that result from the investigation of a reportable release;
  • Facilities that have a reportable accident would be required to re-submit their plan within six months of an incident;
  • Owners or operators would no longer be required to submit a worst case and alternative scenario in the executive summary;
  • Owners or operators would be required to include more thorough emergency contact information in risk management plans; and
  • Changes in emergency contact information would be required within one month of a change.

This is an early review stage in the rule development process. Ohio EPA will consider all comments before it formally proposes any rule changes. When the rules are formally proposed, Ohio EPA will hold a public hearing and offer another public comment period before any rule changes are adopted.

Copies of the draft rule changes are available on the Web at:, or by calling Ohio EPA's Division of Air Pollution Control at (614) 644-3696. Written comments can be mailed to the attention of Sherri Swihart, Division of Air Pollution Control, Ohio EPA, P.O. Box 1049, Columbus, Ohio 43216-1049.

Texas Adopts Clean Air Rules

The Texas Commission on Environmental Quality (TCEQ) today adopted Early Action Compact (EAC) proposals that will institute new clean air measures in the Austin, NE Texas, and San Antonio area.

EACs allow regions that are in nonattainment or near-nonattainment for ozone under the federal Clean Air Act to elect to use their knowledge of local conditions to determine which ozone control strategies should be implemented in their area, as opposed to having rules dictated by state and federal agencies.

In the Austin area, the ozone control strategies include vehicle emissions inspections in Travis and Williamson counties, requiring vapor recovery in additional gasoline stations, revisions to VOC (volatile organic compounds) control regulations for de-greasing operations, restrictions on seasonal use of asphalt, and reductions in NOx (nitrogen oxide) emissions under the Texas Emissions Reduction Program. Local counties and cities may also chose to enforce heavy duty diesel idling restrictions. VOCs and NOx are precursors to ground-level ozone formation.

The revisions will now be forwarded to the EPA for review. If approved, they will become part of the State Implementation Plan (SIP), the state's plan to bring all areas of the state into attainment with national ozone standards. The area will report semi-annually on the progress of their control measures. Under the EACs, attainment must be demonstrated by 2007.

Florida Joins Partnership to Better Manage Waste Paint

To address the challenge of reducing and managing the more than 34 million gallons of paint leftover every year nationwide, the Department of Environmental Protection (DEP) signed a voluntary Memorandum of Understanding with the Product Stewardship Institute. An environmental hazard, waste paint can cost municipalities an average of $8 per gallon to discard, creating a growing need for a cost-effective, environmentally sound method of recycling or disposal.

"Almost half of the total household hazardous waste collected in Florida is paint," said DEP Deputy Secretary for Regulatory Programs and Energy Allan Bedwell. "Common-sense waste management solutions expand protection for the environment and benefit our communities."

Over the last year, the Product Stewardship Institute has gained the support of more than 50 companies, industry associations and government agencies across the nation to reduce paint waste. The partnership between 13 states, paint manufacturers, retailers and contractors will provide a forum for developing cost-effective leftover paint management solutions over the next 18 months, including reusing, recycling and consumer guidance.

"This partnership is a major step forward for lowering leftover paint management costs and increasing reuse in Florida," said DEP Division of Waste Management Director Michael Sole. "This bold agreement demonstrates that collaboration, rather than unilateral regulation, can provide better environmental management and stronger natural resource protection."

While hazardous waste generated in the home is not regulated, DEP has one of the most comprehensive statewide programs in the nation. Established in 1985, 64 of FloridaÆs 67 counties now offer free disposal of paint products, pool chemicals, household cleaners and pesticides at community hazardous waste collection centers. Although limited, several county programs already reprocess leftover paint for community projects such as Habitat for Humanity.

For more information on household hazardous waste, visit the DEPÆs household hazardous waste web site.

Environmental Permit Wizard

The Indiana Department of Environmental Management has created an innovative permit wizard that will help IN facilities with most of their permitting requirements. Using a series of question-and-answer pages, the Wizard provides customized information to help you obtain the environmental permits necessary to start and operate your Indiana-based business. With a small investment of time, the Permit Wizard will help you to:

  • Determine licensing, permitting and regulatory requirements;
  • Obtain necessary application forms;
  • Identify who to contact with questions regarding environmental regulatory requirements;
  • Provide Web links to additional guidance, fact sheets, and pages in the IDEM Permit Guide.

EPA Removes Chemicals From Lists of Regulated Pollutants

EPA finalized several actions that will create incentives for industry to use solvents that are less toxic and may help decrease the formation of ground-level ozone or smog. These reviews concluded that the chemicals pose less risk than previously thought and that reclassifying them would not compromise public health, and may even benefit public health if they are substituted for more toxic or environmentally damaging chemicals.

Under the authority of the Clean Air Act, EPA has delisted or exempted six chemicals: the solvent ethylene glycol mono-butyl ether (EGBE) has been removed from the list of air toxics (also known as hazardous air pollutants) and the chemical t-butyl acetate (TBAC) and four others exempted from control as volatile organic compounds (VOCs). Delisting an air toxic is a rigorous process, involving independent scientific peer review, to demonstrate there are adequate data to determine that emissions may not reasonably be anticipated to cause adverse effects. Public comment was received and considered in making this determination. EPA last delisted an air toxic (caprolactam) in 1996. [Note: The air toxic EGBE being delisted today remains regulated as a VOC and therefore will continue to be reported in the Toxics Release Inventory.]

Exempting a VOC requires a demonstration that the compound is negligibly reactive, meaning the compound forms less ground-level ozone than ethane. EPA has exempted 48 VOCs since 1977.

EGBE Delisting: EGBE is used in hydraulic fluids and in water-based coatings for various industries including metal can manufacturers. It is also used in varnishes, vinyl and acrylic paints, and as a solvent for varnishes, enamels, spray lacquers, dry cleaning compounds, textiles and cosmetics. EPA received a petition in 1997 from the American Chemistry Council to delist EGBE. After extensively reviewing the levels of EGBE in the air and the health and environmental impacts associated with those levels, EPA has concluded that potential outdoor exposures to EGBE may not reasonably be anticipated to cause human health or environmental problems. This action follows two detailed reviews on the sufficiency and technical merit of a 1997 petition to remove EGBE from the list. Although EGBE use (and, therefore, emissions) may increase as a result of this action, this action creates incentives for industry to use EGBE instead of other more toxic solvents. Firms must still report EGBE under the Toxics Release Inventory and EPA will continue to regulate it as a VOC.

TBAC Exemption: TBAC is a chemical that is currently used to make pharmaceuticals, pesticides, and other products and that also can be used as a solvent in a variety of applications. EPA received a petition from Lyondell Chemical (formerly ARCO Chemical) in 1997 asking EPA to consider excluding TBAC from the VOC definition. After extensive review, EPA has determined that TBAC meets the criteria used to define a compound as "negligibly reactive." Exclusion of this compound as a VOC will help states focus on controlling emissions of those pollutants that are demonstrated to be ozone precursors. In addition, a number of manufacturers of paints, inks, and adhesives have indicated that if TBAC were excluded from regulation as a VOC, they would use it in their products in place of other compounds that are as much as 20 to 30 times more likely to form ground-level ozone, or smog. Such substitutions will help decrease ground-level ozone formation, generating public health benefits.

Additional Compounds: EPA is excluding HFE-7000, HFE-7500, HFC 227ea and methyl formate from control as VOCs. These compounds, which are used as refrigerants, fire suppressants, and propellants, contribute little or nothing to ground-level ozone formation. All four of these compounds are environmentally preferable substitutes for CFCs and HCFCs, which contribute to the destruction of EarthÆs stratospheric ozone layer.

In a separate action, EPA is taking phosmet off the "Extremely Hazardous Substance" (EHS) list under section 302 of the Emergency Planning and Community Right to Know Act (EPCRA) and will no longer be subject to reporting requirements under that section (e.g. notifying their State Emergency Response Commission and Local Emergency Planning Committee that they are subject to the emergency planning provisions of EPCRA section 302 for the chemical phosmet). Phosmet is a non-systemic organophosphate insecticide used for agricultural crop protection of fruit, nut and certain field crops. Phosmet is still a "hazardous chemical" under section 311 and 312 requirements, except when it is used in routine agricultural operations, such as a pesticide applied on crops. Therefore, facilities that process or distribute phosmet would still be subject to EPCRA section 311 and 312 reporting requirements (inventory and material safety data sheets) if they have phosmet present in amounts equal to or greater than 10,000 pounds. This action does not alter EPAÆs ongoing regulation of phosmet under the AgencyÆs existing pesticide regulatory program. Forty-six chemicals have been deleted from the list since its inception because they did not meet the toxicity criteria.

EBGE: Copies of the original petition and its supporting information are available for public inspection and copying at the following address: U.S. Environmental Protection Agency, Air and Radiation Docket and Information Center (6102), 1200 Pennsylvania Ave. N.W., Washington, D.C. 20460. For further information including the final rule and the Federal Register notice once published, go to EPAÆs web site at:

You can download the rule from the EPAÆs web site on the Internet under "recent actions" at the following address:

Phosmet: For more information on phosmet, go to: For information on the Emergency Planning and Community Right to Know Act, go to:

Environmental Permit Wizard

The Indiana Department of Environmental Management has created an innovative permit wizard that will help IN facilities with most of their permitting requirements. Using a series of question-and-answer pages, the Wizard provides customized information to help you obtain the environmental permits necessary to start and operate your Indiana-based business. With a small investment of time, the Permit Wizard will help you to:

  • Determine licensing, permitting and regulatory requirements;
  • Obtain necessary application forms;
  • Identify who to contact with questions regarding environmental regulatory requirements;
  • Provide Web links to additional guidance, fact sheets, and pages in the IDEM Permit Guide.