OSHA Revised Rule on Access to Employee Medical Records

Due to the COVID-19 pandemic, we have combined our Safety and Environmental Tips of the week. This issue includes some of the latest recommendations for you to keep safe at work and at home in this evolving event.

 

The health and wellbeing of our employees, customers and our communities is what matters most to all of us. To continue to serve you, our seminars have been converted to live online webcasts. You can find a list of upcoming live webcasts at this link.

 

If you have enrolled in a seminar in August or September, in many cases the seminar will be held on approximately the same dates and at the same times via online webcast. We will contact you by phone or email regarding the details on how to attend the class. On-site training and consulting services are proceeding as usual. If you wish to convert these to remote services, please call your Environmental Resource Center representative or customer service at 800-537-2372.

 

Because many of our live and on-site training sessions have been postponed or canceled, we have staff available to assist you in coping with COVID-19 as well as your routine EHS requirements. If you have EHS staff that have been quarantined, we can provide remote assistance to help you meet your ongoing environmental and safety compliance requirements. For details, call 800-537-2372.

 

 

Congresswoman Lisa Blunt Rochester (D-Del.), and Senator Tammy Duckworth (D-Ill.) introduced the Public Health Air Quality Act of 2020. The bill would require the EPA to implement immediate fenceline monitoring for toxic air pollutants at facilities contributing to high local cancer rates and other health threats from dangerous pollutants. Joining Blunt Rochester and Duckworth as original sponsors of the bill were Rep. Donald McEachin (D-Va.), Rep. Nanette Diaz Barragán (D-Calif.), Rep. Pramila Jayapal (D-WA),  and Rep. Bobby Rush (D-Ill.), along with Sen. Cory Booker (D-N.J.) and Sen. Elizabeth Warren (D-Mass.).

 

“In the midst of a global health pandemic which attacks the respiratory system, we’ve seen in incredibly stark terms the compounding dangers of polluted air for front-line communities. But the truth is that these communities have been subject to unsafe air for decades and have suffered the long-term health consequences and complications because of it,” said Rep. Blunt Rochester. “The first step in protecting these communities is figuring out what pollutants they are currently exposed to. Everyone deserves to breathe clean air, and that is what we are fighting for with this bill. I’m proud to join with Senator Duckworth and House & Senate Environmental Justice leaders for this aggressive expansion of our national air quality monitoring program.”

 

“Black Americans and other communities of color are dying at disproportionate rates during this pandemic, in part because of the long-term, cumulative health consequences and complications associated with toxic air pollution from facilities located in their neighborhoods,” said Sen. Duckworth. “We must do everything we can to protect these fence-line and front-line communities, which is why I’m proud to work with U.S. Representative Blunt Rochester on this important legislation that would help assess the pollutants they are currently exposed to by expanding our national air quality program during this critical time in our nation.”

 

“Knowledge is power. Acting on the data provided by the Public Health Air Quality Act, we can reverse environmental injustices in frontline communities. It can empower those most impacted by air pollution to hold polluters accountable,” said Rep. Barragán. “As lawmakers, we can use this critical data to fight for greater investment to clean up the air and strengthen public health in the frontline and fenceline communities that suffer from dangerous air pollution.”

 

“Not only are frontline and fenceline communities being hardest hit by the ongoing COVID-19 crisis, but they have also faced the greatest burdens of environmental injustice and structural racism for generations—negatively impacting the health, safety and wellbeing of far too many families,” said Rep. Jayapal. “I’m proud that the Public Health Air Quality Act will expand air quality monitoring in these communities and require public reporting of findings so we are able to turn this unprecedented moment of devastation into real, transformative change.”

 

“With African-Americans being 75 percent more likely to live near facilities that emit toxic air pollutants, it is clear that systemic racism is not limited to police brutality and the criminal justice system,” said Rep. Rush. “Clean air and clean drinking water are basic human rights. That’s why today I am proud to stand with my colleagues in introducing the Public Health Air Quality Act, which will take critical steps to addressing these inequities by requiring EPA to more aggressively monitor facilities for toxic air pollutants. I am immensely grateful to my colleagues Rep. Blunt Rochester and Senator Duckworth for leading the charge on this important issue.”

 

“The COVID-19 crisis underscores what the science has shown for decades: dirty air is deadly, increasing risk of respiratory illness, cancer, and heart problems. Frontline and fenceline communities, who are disproportionately exposed to air pollution, must be able to depend on the EPA to closely monitor their air and provide accurate and transparent data to combat the impact of air pollution on their neighborhoods,” said Rep. McEachin. “I am pleased that this bill will expand air quality monitoring and make public air quality data to ensure that all communities have clean air.

 

The Public Health Air Quality Act of 2020 would:

 

 

An administrative law judge with the independent Occupational Safety and Health Review Commission has upheld citations and penalties from OSHA against Timberline Hardwood Floors LLC, a custom hardwood-flooring manufacturer that falsely claimed to have corrected previously cited hazards. The judge’s decision also orders the company to pay $166,265 in penalties for all violations.

 

In 2012, OSHA cited Timberline’s predecessor entity, Timberline Hardwood Dimensions Inc., for failing to train forklift operators adequately, and develop and implement lockout/tagout, hearing conservation and chemical hazard communication programs at the Fulton, New York, plant. At that time, Thomas Vavra, a co-owner of both the predecessor and the current company, signed abatement certifications declaring the company had corrected those violations.

 

In 2018, an OSHA inspection found the company had not corrected the violations and the abatement claim was false. OSHA cited Timberline Hardwood Floors LLC for willful violations for those uncorrected hazards. Timberline contested the citations to the review commission. The judge issued a decision on July 9, 2020, affirming each of the willful citations, and seven serious citations from the 2018 inspection for violations including a locked emergency exit, unguarded machines and several electrical hazards.

 

“Employers have a duty to take effective actions to correct hazards and prevent their recurrence, and provide truthful information as to hazard abatement,” said OSHA Regional Administrator Richard Mendelson in New York.

 

“The U.S. Department of Labor pursues appropriate legal actions to ensure that employers comply with the law, including when they refuse to correct workplace hazards that expose their employees to potentially fatal or disabling injuries,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York.

 

OSHA’s Syracuse Area Office conducted the inspection. Senior Trial Attorney Susan Jacobs of the regional Office of the Solicitor in New York litigated the case for OSHA.

 

 

The U.S. House of Representatives adopted an amendment to the Environment and Interior Division of H.R. 7608, proposed by Congresswoman Lisa Blunt Rochester (D-Del.), Congressman Paul Tonko (D-N.Y.), Congressman A. Donald McEachin (D-Va.), and Congressman Bobby Rush (D-Ill.) which would block EPA from finalizing an insufficiently protective National Ambient Air Quality Standard (NAAQS) for PM 2.5, or soot. EPA’s proposed standard fails to protect our communities, particularly low-wealth and communities of color from harmful air pollution during a global health pandemic. These communities are already experiencing a disproportionately high death rate from COVID-19 made worse by decades of exposure to toxic pollution.

 

“Environmental Justice communities have long experienced the consequences of exposure to air pollution caused by soot. The EPA’s job is to protect our health and the environment. This standard proposed by the EPA is simply insufficient, especially during this moment,” said Rep. Blunt Rochester, a member of the Energy & Commerce Environment and Climate Change Subcommittee. “I’m pleased that the House adopted my amendment to send the EPA back to the drawing board to come up with a standard that will actually protect Americans from air pollution. I’m thankful to my colleagues, Congressman Tonko, Congressman McEachin and Congressman Rush for joining me in offering this amendment, and look forward to the passage of the Environment and Interior Appropriations package.”

 

“Study after study has proven that dirty air leads to increased rates of cancer, aggravated asthma, and heart problems – all pre-existing conditions that elevate individual’s susceptibility to COVID-19. Still, in the middle of the coronavirus pandemic, a respiratory disease, Trump’s EPA refuses to lead and adopt the stronger standards we need to ensure the safety of our communities,” said Rep. McEachin. “We must take action now to strengthen standards for particulate matter and I am pleased to stand alongside Congresswoman Blunt Rochester and Chairman Rush for in the fight for cleaner air and a healthy environment.”

 

“The EPA knows and has acknowledged the disproportionate impact air pollution has on communities of color, yet Administrator Wheeler continues to make decisions that put the health of these already vulnerable groups at risk,” said Rep. Rush.  “It defies logic that Trump’s EPA would not do everything in its power to improve air quality, especially amidst an ongoing pandemic that preys on weakened respiratory systems.  I am grateful to Representatives Blunt Rochester and McEachin for standing shoulder to shoulder with me in our collective fight against environmental racism and injustice.”

 

EPA’s own analysis estimates that even if the air quality across the country met the current standard – which it doesn’t – that approximately 50,000 Americans per year would still suffer from early deaths due to the effects of particulate matter. Exposure to air pollution can cause both acute and chronic respiratory diseases, such as asthma and lung cancer.

 

Commissioner C. Ray Davenport announced on July 27 that the Virginia Occupational Safety and Health (VOSH) program has published the Virginia Safety and Health Codes Board’s Emergency Temporary Standard (ETS) for Infectious Disease Prevention: SARS- CoV-2 Virus That Causes COVID-19, 16VAC25-220. The ETS was published in the Richmond Times Dispatch on July 27, 2020 and became effective immediately.

 

Other effective dates: With the exception of 16VAC25-220-80.B.10 regarding training required on infectious disease preparedness and response plans, the training requirements in 16VAC25-220-80 take effect on August 26, 2020. The training requirements under 16VAC25- 220-80.B.10 take effect on September 25, 2020. The requirements for 16VAC25-220-70 regarding the preparation of infectious disease preparedness and response plans take effect on September 25, 2020.

 

Outreach, education and training materials for the ETS and other COVID-19 resources are available from the State.

 

On July 15, 2020, the Virginia Safety and Health Code Board adopted the ETS to take effect immediately upon publication because the Board determined that SARS-CoV-2 virus and COVID-19 related hazard and job task employee exposures constitute a grave danger to employees in Virginia that necessitate the adoption of an emergency temporary standard to protect Virginia employees from the spread of the SARS-CoV-2 virus which causes COVID-19. The ETS is designed to establish requirements for employers to control, prevent, and mitigate the spread of SARS-CoV-2 virus to and among employees and employers. The ETS applies to all employees and employers under the jurisdiction of the Virginia Occupational Safety and Health (VOSH) program.

 

The ETS will expire within six months of its effective date, upon expiration of the Governor’s State of Emergency, or when superseded by a permanent standard, whichever occurs first, or when repealed by the Virginia Safety and Health Codes Board. Publication of the ETS also constitutes notice that the Board intends to adopt a permanent standard within a period of six months.

 

 

The Nevada Department of Conservation and Natural Resources is excited to announce that NuLegacy Gold Corporation NV and Crawford Cattle LLC are partnering to protect vital sagebrush habitat in Eureka County. This formalized partnership agreement was established through Nevada’s innovative sagebrush conservation tool called the Conservation Credit System (CCS), a market-based platform overseen by the stakeholder-driven Nevada Sagebrush Ecosystem Program. This is the first CCS partnership agreement by an exploration company that does not own an operating mine.

 

NuLegacy Gold’s CEO, Albert Matter, stated, “We are proud to be the first Nevada mineral exploration company to purchase conservation credits from the State’s Conservation Credit System. Our Company’s drilling activities are carefully designed to avoid or minimize directly impacting greater sage-grouse habitat wherever possible. The purchased conservation credits add an extra measure of habitat protection.

 

NuLegacy Gold has purchased 44 credits to help offset and mitigate potential environmental impacts to greater sage-grouse habitat stemming from the company’s Avocado exploration drilling project in Eureka County, Nevada. The credits that NuLegacy Gold purchased from Crawford Cattle will ensure that the high-quality habitat on the Crawford family’s ranch will be protected and preserved for years to come.

 

Shane Hall, Crawford’s Ranch and Operations Manager added, “It’s been a pleasure partnering with NuLegacy, resulting in both entities contributing to the preservation of sagebrush habitat and the western ranching way of life. Additionally, we’d like to thank our partners in the Nevada Conservation Credit System and KCOE Isom Consulting who have worked tirelessly to make this a win for the State of Nevada, Greater Sage-grouse habitat, ranching, and the mining industry.”

 

The Greater Sage-grouse is considered an “indicator species,” emblematic of the health of sagebrush habitat it shares with more than 350 other kinds of native wildlife, including world-class populations of mule deer, elk, pronghorn, and golden eagles. Proactive and coordinated sagebrush conservation measures, such as the Nevada CCS program, are essential to ensure the long-term health and viability of the sensitive Greater Sage-grouse bird species, both in Nevada and across the West.

 

Over the last couple years, Nevada’s CCS program has underpinned the protection and preservation of more than 20,300 acres of sagebrush habitat across the Silver State’s rangelands through coordinated, partnership-driven efforts. As one of Nevada’s most successful and proactive sagebrush conservation programs, the CCS provides opportunities for landowners and industry to be partners in conservation while allowing for sustainable and responsible multiple-use in the sagebrush ecosystem.

 

Learn more at sagebrusheco.nv.gov.

 

 

The New York State Department of Health affirmed that the state is set to adopt drinking water standards for PFOA and PFOS – two man-made chemicals linked to cancer and other health issues. Once enacted, the newly implemented drinking water standard, at 10 parts per trillion (ppt) for PFOA and 10 ppt for PFOS, will be among the strongest in the nation.

 

“These drinking water standards are among the toughest in the nation and a necessary step in the fight to protect New Yorkers against this health crisis. But make no mistake: there are thousands of these toxic ‘forever’ chemicals that pose considerable risks to public health and the environment. New York is no doubt in a stronger position today than it was yesterday, but it must go even further by regulating PFAS as an entire class – not merely as individual chemicals,” said Rich Schrader, New York Policy Director at NRDC.

 

 

People across the country have received suspicious, unsolicited packages of seed that appear to be coming from China. USDA’s Animal and Plant Health Inspection Service (APHIS) is working closely with the Department of Homeland Security’s Customs and Border Protection, other federal agencies, and State departments of agriculture to investigate the situation.

 

Anyone who receives an unsolicited package of seeds to immediately contact their State plant regulatory official or APHIS State plant health director. Please hold onto the seeds and packaging, including the mailing label, until someone from your State department of agriculture or APHIS contacts you with further instructions. Do not plant seeds from unknown origins.

 

At this time, the USDA doesn’t have any evidence indicating this is something other than a “brushing scam” where people receive unsolicited items from a seller who then posts false customer reviews to boost sales. USDA is currently collecting seed packages from recipients and will test their contents and determine if they contain anything that could be of concern to U.S. agriculture or the environment.  Steps you should take:

 

In Massachusetts, the State Department of Agricultural Resources MDAR encouraged state residents that receive or have received an unsolicited package of seeds to not plant the seeds and immediately complete a form on MDAR’s website to provide important information to state plant regulatory officials.

 

 

This workshop, sponsored by the National Personal Protective Technology Laboratory of the National Institute for Occupational Safety and Health and planned by the Committee on Current Issues in the Assessment of Respiratory Protective Devices, will provide an opportunity to exchange knowledge and ideas between professionals, policy makers, manufacturers, and users regarding the occupational and non-occupational use of respirators outside of workplace respiratory protection programs. These discussions will include an exploration of current respirator assessment and approval processes; existing gaps in respiratory protection for target groups with situation-specific needs, such as outdoor workers, wildland firefighters, and the public; research avenues; and best practices for communicating guidance to these populations.

 

Topics to be discussed in the workshop will include:

 

The workshop is Tuesday, August 4 at 10:30 AM – 2:30 PM ET and Wednesday, August 5 at 10:30 AM – 3:30 PM ET.  An agenda can be found at this link.  Registration is available online.

 

Oregon OSHA has launched a free Spanish-language online training course to help employers and workers understand and practice ladder safety.

The course, which features many video demonstrations, walks viewers through everything from the types and dangers of ladders to regulatory standards and safe practices.

 

“It takes solid planning and training to address the life-threatening hazards that come with using ladders while on the job,” said Roy Kroker, consultation and public education manager for Oregon OSHA. “But language barriers can pose challenges to tackling such hazards. That is why we’re offering this new tool to help break down those barriers.”

 

The course includes interviews with Oregon OSHA and industry experts who discuss a variety of ladder safety issues. Those issues include choosing the right type of ladder for the job; heeding the ladder manufacturer’s instructions; addressing the common hazards associated with using ladders; and following ladder safety rules.

 

In fact, ladder use was the seventh-most cited Oregon OSHA standard in 2019, with 135 total violations and initial penalties totaling $105,615. The standard covers multiple requirements, including that side rails must extend at least three feet above an upper landing surface; ladders must be maintained free of slipping hazards; and they must be periodically inspected for visible defects.

 

The Spanish-language ladder safety training course includes the opportunity to receive a certificate of completion. Visit more Spanish-language courses. Learn about the PESO program and about Oregon OSHA’s education and training services.

 

New York Attorney General Letitia James announced an agreement that will stop a fraudulent broker of personal protective equipment (PPE) and other medical supplies from selling PPE and coronavirus disease 2019- (COVID-19) related test kits as New York and the rest of the nation continue to battle the spread of COVID-19.

 

A proposed consent order and judgment — submitted to New York State Supreme Court — seeks to resolve a lawsuit brought by Attorney General James last month against Frank Borgese and his company, IMPACT Medical & Surgical Solutions (IMPACT Medical), by barring Borgese and IMPACT Medical from selling PPE and COVID-related test kits until January 2023, and only allowing them to resume the business of selling PPE thereafter if each posts a $100,000 bond. Borgese and IMPACT Medical attempted to take advantage of the desperate need for PPE at the start of the COVID-19 crisis by trying to sell governments and health care systems N95 and KN95 respirator masks which they did not have and could not deliver.

 

“When IMPACT Medical sold non-existent PPE, they put people’s health and lives at risk,” said Attorney General James. “This reprehensible conduct is as illegal as it is immoral. Our actions today send a message to all purported dealers: New York will not allow this type of fraud or deception to stand, and we will fight it across the nation. I urge defrauded purchasers of PPE and other COVID-related supplies to contact my office immediately, and I urge all New Yorkers to continue to follow our tips on how to avoid potential scams before purchasing PPE.”

 

“The COVID-19 pandemic forced New York State to mobilize unprecedented resources and develop innovative solutions to provide PPE and other supplies to essential workers of the war against this deadly virus, and it’s disgusting frankly that some companies tried to exploit that situation for their own financial gain,” Governor Cuomo said. “I applaud the Attorney General for taking decisive action to protect New York from IMPACT’s half-baked attempt to sell non-existent PPE.”

 

Last month, Attorney General James filed a lawsuit against Buffalo-based Borgese and IMPACT Medical, alleging the two fraudulently solicited the state of New York, as well as hospitals and health care systems across the country, with fake offers of critically-needed PPE, including 3M N95 respirator masks. In some cases, Borgese and IMPACT Medical obtained purchase orders and substantial up-front payments from hospitals and health care systems, but still failed to deliver the promised PPE and were subsequently required to make large refunds. In the lawsuit filed last month, Attorney General James requested and was granted a temporary restraining order, barring Borgese and his company from selling PPE as the COVID-19 pandemic continued.

 

As part of today’s proposed consent order and judgment — which is pending court approval — Borgese and IMPACT Medical admitted that neither of them is or was ever an authorized 3M distributor, that they did not possess the 3M-branded N95 respirator masks or KN95 respirator masks they advertised for sale, and that they could not meet the delivery times they provided for N95 or KN95 respirator masks. The proposed consent order and judgment also prohibits Borgese and IMPACT Medical from engaging in various deceptive or fraudulent practices in violation of Executive Law § 63(12), and bars them from selling PPE and COVID-related test kits until at least January 2023. Thereafter, Borgese and IMPACT Medical may only resume selling PPE and COVID-related test kits if they each post a $100,000 bond, and would be required to provide periodic reports to the Office of the Attorney General (OAG) with details for any orders placed by a customer for PPE or COVID-related testing kits.

 

The OAG thanked the Office of Governor Andrew Cuomo and the New York State Office of General Services for their assistance with this case. Attorney General James’ lawsuit against Borgese and IMPACT Medical is part of a broader investigation by the OAG into fraudulent and deceptive solicitations by sellers of PPE seeking to take advantage of the supply-chain disruptions and increased demand caused by the COVID-19 pandemic. The OAG has been working with multiple agencies within New York state and with local agencies throughout the state, as well as with private hospitals and health care systems and with large manufacturers of PPE to identify and investigate those who are engaging in fraudulent and deceptive practices to sell significant quantities of desperately-needed masks, gowns, and other coronavirus-related supplies.

 

Attorney General James has also issued guidance to prospective purchasers of PPE on how to avoid scammers: “Tips to Avoid COVID-19 Procurement Fraud.”

 

Any municipalities, hospitals, health care systems, or other large-scale purchasers of PPE and other coronavirus-related supplies that believe they have been targeted by someone charging excessive prices or using fraudulent or deceptive practices to sell COVID-19 related supplies, can report it to the OAG by calling 800-771-7755, or by forwarding any suspicious email solicitations to the OAG at covidprocurementfraud@ag.ny.gov.

 

This case was handled by Assistant Attorney General David E. Farber and Senior Counsel Bryan P. Kessler, with assistance from Legal Analyst Iuliia Belyshkina — all of the Taxpayer Protection Bureau, and all under the supervision of Steven J. Glassman, Special Counsel in Economic Justice. Investigator Melissa Kaplan assisted with the investigation as well. The Taxpayer Protection Bureau is run by Bureau Chief Thomas Teige Carroll and Deputy Bureau Chief Scott Spiegelman and is a part of the Division for Economic Justice, which is overseen by Chief Deputy Attorney General Chris D’Angelo and First Deputy Attorney General Jennifer Levy.

 

 

Public Citizen prevailed last week in a two-year fight with OSHA over access to work-related injury and illness data. A federal court has ordered OSHA to provide Public Citizen with data submitted to the agency by 237,000 employers.

 

Public Citizen used the Freedom of Information Act (FOIA) to request the information, which employers record on OSHA Form 300A and submit to the agency electronically pursuant to a rule titled “Improve Tracking of Workplace Injuries and Illnesses,” (the Electronic Reporting Rule). Public Citizen sued OSHA to obtain the records after the agency withheld the records in full, claiming that they contained confidential commercial information exempt from disclosure under FOIA.

 

In June 2020, a magistrate judge recommended that the court enter judgment for Public Citizen, finding that the records are not confidential. OSHA had until July 21 to object to the judge’s recommendation. Rather than object, OSHA agreed to produce the records in full, and the U.S. District Court for the District of Columbia entered an order requiring that OSHA produce the requested records by August 18.

 

“Workplace injury and illness data should not be hidden from public view,” said Michael Kirkpatrick, an attorney with Public Citizen. “Release of Form 300A data, as required under FOIA, will have a significant impact on efforts to protect worker health and safety. The records should provide important information to help researchers identify the causes of work-related injuries and illnesses and develop solutions.”

 

 

The Minnesota Pollution Control Agency (MPCA) has concluded 118 enforcement cases in the first half of 2020. Environmental enforcement investigations often take several months, in some cases more than a year, to complete the investigation and issue final enforcement documents to regulated parties. Penalties are calculated using several factors, including harm done to the environment, the economic benefit the company gained by failing to comply with environmental laws, or how responsive and cooperative a regulated party was in correcting problems.

 

Imposing monetary penalties is only part of the MPCA’s enforcement process. Agency staff continue to provide assistance, support, and information on the steps and tools necessary to bring any company, individual, or local government back into compliance.

 

 

 

More details on these cases completed during the first half of 2020 can be found on the MPCA’s Compliance and Enforcement web page.

 

 

EPA announced a final rule to reduce lead in plumbing materials used in public water systems, homes, schools and other facilities. This action marks a significant milestone in implementing the Trump Administration’s Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Impacts. Along with other actions taken by EPA and our federal, state and local partners, this final rule will help protect public health—especially children’s health—from the risks associated with lead exposure.

 

“The Trump Administration is committed to providing clean and safe drinking water for all Americans,” said EPA Administrator Andrew Wheeler. “The Lead-Free rule is a critical step in EPA’s efforts to substantially improve children’s health and further the agency’s Action Plan goal of reducing children’s exposure to lead sources.”

 

The Lead-Free final rule significantly limits the lead content allowed in plumbing materials (e.g., pipes, fittings, and fixtures) used in new construction and replacement of existing plumbing. Specifically, the new rule reduces the percentage of lead content allowed in these materials from eight percent to 0.25 percent in accordance with the Reduction of Lead in Drinking Water Act. The final rule also requires that manufacturers or importers certify that their products meet the requirements using a consistent verification process. As a result, this new rule will reduce lead in drinking water and assure that states, manufacturers, inspectors and consumers have a common understanding of “Lead Free” plumbing.

 

Today, EPA is also announcing that it has sent the final Lead and Copper Rule (LCR) to the Office of Management and Budget. This will be the first major update to the LCR in nearly three decades. On October 10, 2019, EPA proposed a proactive and holistic approach to improving the current LCR — from testing to treatment to replacing lead service lines to telling the public about the levels and risks of lead in drinking water. These improvements would further reduce lead in drinking water and help assure that water is less corrosive to older, lead containing plumbing materials. 

 

The Lead-Free final rule will become effective 30 days after publication in the Federal Register and the certification requirement must be implemented within three years.

 

To learn more about the final “Use of Lead-Free Pipes, Fittings, Fixtures, Solder, and Flux for Drinking Water” rule, visit: https://www.epa.gov/sdwa/use-lead-free-pipes-fittings-fixtures-solder-and-flux-drinking-water.

 

 

The Metropolitan Council’s Metro Transit paid a civil penalty of $14,308 for air quality violations at its Franklin Avenue light-rail operations and maintenance facility in south Minneapolis. The facility is located in an environmental justice area of concern, where more than 70 percent of residents live in poverty and more than a third speak a language other than English. These factors make it more likely that residents will be disproportionately affected by pollution.

 

The facility operates under an MPCA-issued permit that regulates air emissions of pollutants; operations at the facility include painting light-rail cars. The permit requires filters and other methods to control emissions from painting, and scheduled checks to make sure the control equipment is working properly.

 

An MPCA inspection in June 2019 found that the facility didn’t:

 

In addition to the civil penalty, Metro Transit agreed to take corrective action to prevent further emissions violations, including ensuring all filters are inspected daily, and periodically during painting operations, and updating its operations and maintenance plan for painting operations.

 

MPCA regulations are designed to protect human health and the environment by limiting pollution emissions and discharges from facilities. When companies do not fully comply with regulatory requirements, the resulting pollution can be harmful to people and the environment.

 

When calculating penalties, the MPCA takes into account how seriously the violations affected the environment, whether they were first-time or repeat violations, and how promptly the violations were reported to authorities. The agency also attempts to recover the economic benefit the company gained by failing to comply with environmental laws in a timely manner. For more information on how the MPCA works to ensure environmental justice, see the MPCA web site.

 

 

Annual hazardous waste training is required for anyone who generates, accumulates, stores, transports, or treats hazardous waste. Learn how to manage your hazardous waste in accordance with the latest state and federal regulations. Learn how to complete EPA’s new electronic hazardous waste manifest, and the more than 60 changes in EPA’s new Hazardous Waste Generator Improvements Rule. Environmental Resource Center’s Hazardous Waste Training is available via live webcasts. If you plan to also attend DOT Hazardous Materials Training, call 800-537-2372 to find out how you can get your course materials on an Amazon Fire HD 10 tablet at no extra charge.