In the agenda, the agency is announcing the Hazardous Waste Manifest Revisions–Standards and Procedures for Electronic Manifests; Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule; several changes to the SARA Title III regulations; changes in the Oil and Gas Construction Stormwater Rule; plans for the Management of Cement Kiln Dust (CKD); as well as updates in the status of a wide variety of Clean Air Act, Clean Water Act, and TSCA rules.
In part, the Agenda serves to give the public notice of government agency’s plans to review, propose, and issue regulations. The activities included in the Semi-Annual Agenda are generally those that will undergo regulatory action within the next 12 months, however, agencies may choose to include activities that will have a longer timeframe than 12 months. The Regulatory Agenda also show actions or reviews that have been completed or withdrawn since the previous Agenda was published.
Excerpts from EPA’s 2009 Agenda items are included at the end of this Environmental Tip™ newsletter.
EPA Extends Comment Period for Risk Analysis for Solvent-Contaminated Industrial Wipes
EPA is seeking comment on an updated risk analysis for solvent contaminated industrial wipes. Wipes (e.g., rags, shop towels, disposable wipes, and paper towels—collectively called wipes) are used throughout industry for cleaning and degreasing. Some wipes are used once and thrown away whereas others are laundered and reused. During cleaning and degreasing, these wipes can become contaminated with solvents. Spent wipes that are discarded are considered hazardous waste under the federal hazardous waste regulations if the wipes exhibit a hazardous waste characteristic or contain a listed solvent.
In November 2003, EPA proposed a conditional exclusion from the definition of hazardous waste for disposable industrial wipes contaminated with hazardous solvents going to a landfill for disposal. EPA also proposed a conditional exclusion from the definition of solid waste for reusable industrial shop towels and rags contaminated with hazardous solvents sent to be laundered and reused.
In response to the proposed Solvent-Contaminated Industrial Wipes Rule, EPA received numerous comments questioning the validity of the risk screening analysis and the modeling assumptions used to support the proposal. EPA developed a revised risk analysis to address these comments. EPA is seeking comment on the assumptions, data, and methodology used in the new risk analysis.
Comments were originally due by December 28, 2009. EPA received a request to extend the comment period to allow time for stakeholders to review the available information. Therefore, EPA has extended the comment period by 60 days to February 26, 2009.
Environmental Resource Center Goes Solar
In an effort to green operations at Environmental Resource Center’s home office and reduce our own carbon footprint, Environmental Resource Center is going solar! By January 1, webcasts, course materials, and office lighting will all be powered by the sun. Through incorporating green changes into our operations, Environmental Resource Center is helping you reduce the environmental impact of your training.
EPA Says Science Overwhelmingly Shows Greenhouse Gas Concentrations at Unprecedented Levels due to Human Activity
After a thorough examination of the scientific evidence and careful consideration of public comments, EPA has announced that greenhouse gases (GHGs) threaten the public health and welfare of the American people. EPA also finds that GHG emissions from on-road vehicles contribute to that threat.
GHGs are the primary driver of climate change, which can lead to hotter, longer heat waves that threaten the health of the sick, poor or elderly; increases in ground-level ozone pollution linked to asthma and other respiratory illnesses; as well as other threats to the health and welfare of Americans.
“These long-overdue findings cement 2009’s place in history as the year when the United States Government began addressing the challenge of greenhouse-gas pollution and seizing the opportunity of clean-energy reform,” said EPA Administrator Lisa P. Jackson. “Business leaders, security experts, government officials, concerned citizens and the United States Supreme Court have called for enduring, pragmatic solutions to reduce the greenhouse gas pollution that is causing climate change. This continues our work towards clean energy reform that will cut GHGs and reduce the dependence on foreign oil that threatens our national security and our economy.”
EPA’s final findings respond to the 2007 U.S. Supreme Court decision that GHGs fit within the Clean Air Act definition of air pollutants. The findings do not in and of themselves impose any emission reduction requirements but rather allow EPA to finalize the GHG standards proposed earlier this year for new light-duty vehicles as part of the joint rulemaking with the DOT.
On-road vehicles contribute more than 23% of total U.S. GHG emissions. EPA’s proposed GHG standards for light-duty vehicles, a subset of on-road vehicles, would reduce GHG emissions by nearly 950 million metric tons and conserve 1.8 billion barrels of oil over the lifetime of model year 2012-2016 vehicles.
EPA’s endangerment finding covers emissions of six key greenhouse gases—carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride—that have been the subject of scrutiny and intense analysis for decades by scientists in the United States and around the world.
Scientific consensus shows that as a result of human activities, GHG concentrations in the atmosphere are at record high levels and data shows that the Earth has been warming over the past 100 years, with the steepest increase in warming in recent decades. The evidence of human-induced climate change goes beyond observed increases in average surface temperatures; it includes melting ice in the Arctic, melting glaciers around the world, increasing ocean temperatures, rising sea levels, acidification of the oceans due to excess carbon dioxide, changing precipitation patterns, and changing patterns of ecosystems and wildlife.
President Obama and Administrator Jackson have publicly stated that they support a legislative solution to the problem of climate change and Congress’ efforts to pass comprehensive climate legislation. However, climate change is threatening public health and welfare, and it is critical that EPA fulfill its obligation to respond to the 2007 U.S. Supreme Court ruling that determined that greenhouse gases fit within the Clean Air Act definition of air pollutants.
EPA issued the proposed findings in April 2009 and held a 60-day public comment period.
New Report Indicates U.S. Greenhouse Gas Emissions were 2.2% Lower for 2008
A new report has been released from the U.S. Energy Information Administration indicating that the total U.S. greenhouse gas emissions in 2008 were 2.2% below the 2007 total. The decline in total emissions was largely the result of drop in carbon dioxide (CO2) emissions. There were small percentage increases in emissions of other greenhouse gases, but their absolute contributions to the change in total emissions were relatively small. As a result, the increases in emissions of these gases were more than offset by the drop in CO2 emissions.
The decrease in U.S. CO2 emissions in 2008 resulted primarily from three factors: higher energy prices—especially during the summer driving season—that led to a drop in petroleum consumption; economic contraction in three out of four quarters of the year that resulted in lower energy demand for the year as a whole in all sectors except the commercial sector; and lower demand for electricity along with lower carbon intensity of electricity supply.
EPA Analysis Shows Reduction in 2008 Toxic Chemical Releases
EPA has released its annual national analysis of the Toxics Release Inventory (TRI). The TRI database contains information on chemical releases into the air, land and water, as well as waste management and pollution prevention activities. The analysis of the 2008 data, the most recent data set available, shows that 3.86 billion pounds of toxic chemicals were released into the environment, a 6% decrease from 2007.
This is the first time EPA has released its annual analysis in the same calendar year as the data were reported. In August, the agency released to the public the raw TRI data prior to EPA analysis for the first time. EPA has made the data available more quickly to increase transparency.
The analysis, which includes data on 650 chemicals from more than 21,000 facilities, found that total releases to air decreased 14%, while releases to surface water increased 3%. This increase is partially attributed to a coal ash spill at a Tennessee Valley Authority facility in Kingston, Tennessee. Releases to land remain virtually unchanged from 2007, showing a 0.1% increase.
The report shows decreases in the releases of persistent, bioaccumulative, and toxic chemicals including lead, dioxin, and mercury. Total disposal or other releases of mercury decreased 11%. Dioxin releases or disposal decreased 77%, while lead releases decreased by 2%. Releases of polychlorinated biphenyls (PCBs) increased 121%. Because PCBs are no longer used in U.S. manufacturing, these releases represent the removal of PCBs from service for disposal at regulated hazardous waste facilities.
The analysis also shows a 5% decline in the number of facilities reporting to TRI from the previous year, continuing a trend from the past few years. Some of this decline may be attributed to the economic downturn; however, EPA plans to investigate why some facilities reported in 2007 but not 2008.
Earlier this year, EPA also restored the more comprehensive TRI reporting requirements that were in effect before December 21, 2006. As a result, the 2008 analysis provides communities with a more complete picture of local environmental conditions. EPA has begun a review of its TRI program to identify areas for improvement.
Information from industry is submitted annually to EPA and states. The data are reported by multiple industry sectors including manufacturing, metal mining, electric utilities, and commercial hazardous waste facilities. Facilities report by July 1 of each year.
TRI tracks the chemicals and industrial sectors specified by the Emergency Planning and Community Right to Know Act of 1986 and its amendments. The Pollution Prevention Act of 1990 also mandates that TRI reports include data on toxic chemicals treated on site, recycled, and burned for energy recovery. Together, these laws require facilities in certain industries to report annually on releases, disposal and other waste management activities related to these chemicals.
EPA Signs Two Rules to Further Protect Ozone Layer
EPA has announced two final rules that will further cut ozone-depleting pollutants, protecting the Earth’s ozone layer and reducing harmful greenhouse gases. The rules reduce the availability and use of hydrochlorofluorocarbons (HCFCs), which are primarily used as refrigerants and harm the ozone layer. A diminished ozone layer allows more radiation to reach the Earth’s surface, leading to serious health effects, such as skin cancer, cataracts, and weakened immune systems.
The first rule prohibits the use of specific HCFCs to manufacture new air-conditioning and refrigeration equipment beginning in 2010, while allowing limited HCFC use to service existing equipment. The second rule prohibits the sale, distribution, and import of air-conditioning and refrigeration appliances and their components containing certain HCFCs that are manufactured or imported after January 1, 2010. The rulemakings protect the ozone layer by decreasing the availability of these compounds as well as the demand for newly-produced equipment containing HCFCs.
These rules advance U.S. compliance under the Clean Air Act and the Montreal Protocol on Substances that Deplete the Ozone Layer.
EPA Releases Guidance to Help Federal Facilities Better Manage Stormwater
EPA has issued guidance to help federal agencies minimize the impact of federal development projects on nearby water bodies. The guidance is being issued in response to a change in law and an Executive Order signed by President Obama, which calls upon all federal agencies to lead by example to address a wide range of environmental issues, including stormwater runoff.
“EPA is proud to issue this new guidance to help federal facilities reduce stormwater pollution,” said Peter S. Silva, assistant administrator for EPA’s Office of Water. “By taking these steps to create more sustainable facilities, federal agencies can lead by example in reducing impacts in the local watershed.”
EPA worked closely with other federal agencies to develop this document, which provides background information, key definitions, case studies and guidance on meeting the new requirements of the Energy Independence and Security Act of 2007.
Under the new requirements, federal agencies must minimize stormwater runoff from federal development projects to protect water resources. Federal agencies can comply using a variety of stormwater management practices often referred to as “green infrastructure” or “low impact development” practices, including reducing impervious surfaces, using vegetative practices, using porous pavements and installing green roofs.
EPA is using sustainable techniques for reducing the effects of stormwater runoff at its facilities, such as installing a 3,000 square foot green roof as well as using rain gardens and cisterns to capture and reuse stormwater.
Stormwater runoff in urban and suburban areas is one of the leading sources of water pollution in the United States. Runoff can cause increased flooding and erosion and more pollution to surface waters.
EPA Issues Proposed Rule Primary National Ambient Air Quality Standard for Sulfur Dioxide
Based on its review of the air quality criteria for oxides of sulfur and the primary national ambient air quality standard (NAAQS) for oxides of sulfur as measured by sulfur dioxide (SO2), EPA is proposing to revise the primary SO2 NAAQS to provide requisite protection of public health with an adequate margin of safety. Specifically, EPA proposes to establish a new 1-hour SO2 standard within the range of 50-100 parts per billion (ppb), based on the 3-year average of the annual 99th percentile (or 4th highest) of 1-hour daily maximum concentrations. The EPA also proposes to revoke both the existing 24-hour and annual primary SO2 standards.
Comments must be received on or before February 8, 2010. Under the Paperwork Reduction Act, comments on the information collection provisions must be received by OMB on or before January 7, 2010.
Additionally, a public hearing is scheduled for this proposed rule. The public hearing will be held on January 5, 2010 in Atlanta, Georgia.
EPA to Strengthen Oversight of Pesticide’s Impact on Children and Farm Workers
EPA plans to strengthen its assessment of pesticide health risks. EPA’s proposal would include a more thorough assessment of risks to workers, including farm workers and farm children, as well as risks posed by pesticides that are not used on food. EPA is asking the public to comment on the new approach and how best to implement the improvements.
EPA Administrator Lisa P. Jackson has made it a top priority to ensure that the agency is working to protect Americans.
“Better information and applying these tools will strengthen EPA’s protections for farm workers exposed to these chemicals, and children living in and around the areas of highest possible exposure,” said EPA Administrator Lisa P. Jackson. “It’s essential we have the tools to keep everyone, especially vulnerable populations like children, safe from the serious health consequences of pesticide exposure.”
EPA believes that pesticide exposure should be evaluated with common scientific risk-assessment techniques, whether from residues in food or drinking water, on lawns or in swimming pools, or in the workplace. EPA would routinely apply the techniques to workers exposed to pesticide exposures on the job. By incorporating these risk-assessment tools into its pesticide evaluations, EPA would more thoroughly protect the most vulnerable populations, including farm workers and children taken into agricultural fields.
The proposed policy will be available for a 60-day public comment period after it is published in the Federal Register.
EPA Fines Puerto Rico Air National Guard for Improperly Managing Underground Petroleum Storage Tanks
EPA has issued a complaint to the Puerto Rico Air National Guard, part of the U.S. Air Force, for improperly managing underground tanks used to store diesel fuel and gasoline at its facility in Toa Baja. Leaking underground storage tanks pose significant threats to soil, surface water, and ground water. EPA cited the Puerto Rico Air National Guard for failing to properly monitor its storage tanks for leaks and maintain records of release detection for two underground storage tank systems. EPA is seeking a civil penalty of $154,353 for these violations.
EPA Fines Dow Agrosciences $70,000 for Clean-air Violations
EPA Region 5 has reached an agreement with Dow AgroSciences LLC on alleged Clean Air Act violations at the company’s pesticide production facility in Harbor Beach, Michigan. The agreement, which includes a $70,000 penalty, resolves EPA allegations that Dow Agro violated national emission standards for hazardous air pollutants at its Harbor Beach plant. The company generates methanol and uses xylene, both hazardous air pollutants, in making pesticide active ingredients at the plant.
EPA Fines G and S Titanium $33,600 for Hazardous Waste Violations
EPA Region 5 has settled with G & S Titanium Inc., Wooster, Ohio, for alleged violations of the authorized Ohio Resource Conservation and Recovery Act requirement for treatment, storage, and disposal facilities. A $33,600 penalty has been set.
The company failed to have a storage permit, conduct daily inspections of and keep records on its hazardous waste tank, provide annual employee training and keep records about it and maintain written job descriptions. G & S, a titanium manufacturer, generates hazardous waste acid and chromium sludge that require proper management under RCRA.
TE Product Pipeline Company, LLC, Fined for Violating the Clean Water Act
EPA has fined the TE Product Pipeline Company, LLC, of Baytown, Texas, $25,855 for violating the Clean Water Act. This announcement settles a Clean Water Act violation for a 1,470-gallon oil spill into Cedar Bayou, a tributary of Galveston Bay, and adjoining shorelines, in Chambers County, Texas, on April 28, 2009.
Exerpts from EPA’s Fall 2009 Regulatory Agenda
The following table includes pertinent excerpts from EPA’s Fall 2009 Regulatory Agenda. EPA’s administrative office that is responsible for the action item, the title of each action, the RIN reference number, and the stage of the rulemaking for each entry is provided in the table. With the Federal government’s new centralized method of providing information at regulations.gov, there are several steps you will need to go through to see more detailed information on any of the items outlined below. Then, you will need to select Environmental Protection Agency (EPA) from the list of agencies provided, click the Go button, and scroll through the listings that have been included by EPA’s Administrative Offices. From that point, you will be able to click on the RIN link to view more information about any of the individual action items.
Admin Office
Title
RIN
Agenda Stage of Rulemaking
OEI
TRI: Notice of Intent To Consider Dissolution of Administrative Stay Regarding Hydrogen Sulfide Reporting Requirements; Opportunity for Public Comment
2025-AA27
Proposed Rule
OEI
Cross-Media Electronic Reporting Regulation (CROMERR)—Technical Amendment To Exempt All Grant and Financial Assistance Programs
2025-AA26
Completed Action
OEI
TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals
2025-AA19
Proposed Rule
OEI
TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic Chemicals
2025-AA17
Long-term Action
OEI
Toxics Release Inventory (TRI) Articles Exemption Clarification Rule
2025-AA24
Proposed Rule
OEI
TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories Listed on the Toxics Release Inventory
2025-AA16
Long-term Action
OEI
Toxics Release Inventory; Addition of National Toxicology Program Carcinogens
2025-AA28
Proposed Rule
OEI
Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus Appropriations Act
2025-AA25
Completed Action
OEI
Clarify TRI Reporting Obligations Under EPCRA Section 313 for Metal Mining Activities
2025-AA11
Proposed Rule
OPPTS
Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain Polymers
2070-AD58
Final Rule
OPPTS
Asbestos Model Accreditation Plan Revisions
2070-AC51
Long-term Action
OPPTS
Electronic Premanufacture Notice (PMN) Reporting
2070-AJ41
Final Rule
OPPTS
Lead; Minor Amendments to the Renovation, Repair, and Painting Program
2070-AJ48
Completed Action
OPPTS
Formaldehyde Emissions From Pressed Wood Products
2070-AJ44
Long-term Action
OPPTS
Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
2070-AC21
Long-term Action
OPPTS
Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint Hazards in Target Housing
2070-AD64
Long-term Action
OPPTS
Lead; Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program
2070-AJ55
Final Rule
OPPTS
Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program
2070-AJ57
Proposed Rule
OPPTS
Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings
2070-AJ56
PreRule
OPPTS
Mercury Export Ban Act; Procedures for Essential Use Exemptions
2070-AJ60
Long-term Action
OPPTS
Mercury; Regulation To Update Outdated ASTM References in EPA Regulations That Require the Use of Mercury Thermometers
2070-AJ51
Final Rule
OPPTS
Mercury; Regulation of Use in Certain Products
2070-AJ46
Long-term Action
OPPTS
Nanoscale Materials
2070-AJ54
Proposed Rule
OPPTS
Pesticide Agricultural Container Recycling Program
2070-AJ29
Long-term Action
OPPTS
Pesticides; Agricultural Worker Protection Standard Revisions
2070-AJ22
Long-term Action
OPPTS
Pesticides; Clarifying Changes to Labeling
2070-AJ61
Proposed Rule
OPPTS
Pesticides; Competency Standards for Occupational Users
2070-AJ20
Long-term Action
OPPTS
Pesticides; Data Requirements for Antimicrobials
2070-AD30
Long-term Action
OPPTS
Polychlorinated Biphenyls (PCBs); Placeholder for Petitions Seeking a Manufacturing (Import) Exemption for Use
2070-AJ39
Long-term Action
OPPTS
Pesticides; Registration Requirements for Antimicrobial Pesticide Products
2070-AD14
Long-term Action
OPPTS
Pesticides; Regulation To Clarify Labeling of Pesticides for Export
2070-AJ53
Long-term Action
OPPTS
Pesticides; Tolerance Processing Fees
2070-AJ23
Long-term Action
OPPTS
Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders
2070-AB27
Final Rule
OPPTS
Significant New Use Rule for Elemental Mercury in Flow Meters, Manometers, and Pyrometers
2070-AJ36
Final Rule
OPPTS
Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
2070-AA59
Final Rule
OPPTS
Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule
2070-AC64
Long-term Action
OPPTS
TSCA Section 8(a) Preliminary Assessment Information Rules
2070-AB08
Long-term Action
OPPTS
TSCA Section 8(d) Health and Safety Data Reporting Rules
2070-AB11
Long-term Action
OPPTS
Testing for Existing Chemicals (Overview Entry for Future Needs)
2070-AB94
Long-term Action
OPPTS
Test Rule; Certain Nanoscale Materials
2070-AJ47
Proposed Rule
OPPTS
Test Rule; Hazardous Air Pollutants (HAPs)
2070-AC76
Long-term Action
OPPTS
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
2070-AD16
Proposed Rule
SWER
Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act
2050-AE95
Long-term Action
SWER
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
2050-AG39
Long-term Action
SWER
Correction of Errors and Adjustment of CERCLA Reportable Quantities
2050-AF03
Long-term Action
SWER
Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule
2050-AG40
Long-term Action
SWER
Emergency Planning and Community Right-To-Know Act: Modification to the Threshold Planning Quantity Methodology for the Extremely Hazardous Substances That Are Solids in Solution
2050-AF08
Proposed Rule
SWER
Episodic Generation Rulemaking
2050-AG51
Proposed Rule
SWER
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Removing Saccharin and Its Salts From the Lists of Hazardous Constituents, Hazardous Wastes, and Hazardous Substances
2050-AG55
Proposed Rule
