EPA to Allow Major Sources of Air Pollution to Reclassify as Area Sources

EPA issued a guidance memorandum withdrawing the "once in always in" policy for the classification of major sources of hazardous air pollutants under section 112 of the Clean Air Act. With the new guidance, sources of hazardous air pollutants previously classified as "major sources" may be reclassified as area sources when the facility limits its potential to emit below major source thresholds.

EPA issued a guidance memorandum withdrawing the "once in always in" policy for the classification of major sources of hazardous air pollutants under section 112 of the Clean Air Act. With the new guidance, sources of hazardous air pollutants previously classified as "major sources" may be reclassified as area sources when the facility limits its potential to emit below major source thresholds.

"This guidance is based on a plain language reading of the statute that is in line with EPA’s guidance for other provisions of the Clean Air Act," said Bill Wehrum, assistant administrator of EPA’s Office of Air and Radiation. "It will reduce regulatory burden for industries and the states, while continuing to ensure stringent and effective controls on hazardous air pollutants."

The Clean Air Act defines a "major source" as a one that emits, or has the potential to emit, 10 tons per year of any hazardous air pollutant, or 25 tons per year or more of any combination of hazardous air pollutants. Sources with emissions below this threshold are classified as "area sources." Different control standards apply to the source depending on whether or not it is classified as a "major source" or an "area source."

In a 1995 memo, EPA established a "once in always in" policy that determined that any facility subject to major source standards would always remain subject to those standards, even if production processes changed or controls were implemented that eliminated or permanently reduced that facility’s potential to emit hazardous air pollutants.

The recent memo states that the EPA had no statutory authority under the Clean Air Act to place a time limit on when a facility may be determined to be an area source, and that a plain language reading of the Act must allow facilities to be reclassified as area sources once their potential to emit hazardous air pollutants falls below the levels that define major sources.

EPA said that it will soon publish a Federal Register notice to take comment on adding regulatory text that will reflect EPA’s reading of the statute as discussed in this memorandum.

John Walke, clean air director at the Natural Resources Defense Council said, "this is among the most dangerous actions that the Trump EPA has taken yet against public health. Rolling back longstanding protections to allow the greatest increase in hazardous air pollutants in our nation’s history is unconscionable. This move drastically weakens protective limits on air pollutants like arsenic, lead, mercury and other toxins that cause cancer, brain damage, infertility, developmental problems and even death. And those harmed most would be nearby communities already suffering a legacy of pollution. NRDC will fight this terrible decision to unleash toxic pollutants with every available tool."

TSCA Reset Webcast

If your company manufactured or imported chemicals between June 21, 2006 and June 21, 2016, the EPA’s TSCA Inventory reset rule requires you to identify those substances as active on EPA central data exchange (CDX) by February 8, 2018.

If you process or use chemicals, you may identify them as active on the TSCA Inventory October 6, 2018. After October 6, 2018, chemicals which have not been identified as active on the TSCA Inventory may not, unless exempted, be imported, manufactured, processed, or used in commerce, in the United States.

In this webcast, you will learn:

How the TSCA Inventory applies to the chemicals you use, manufacture, or import

How the TSCA Reset rule applies to your operations

Which chemicals are regulated, and which are exempt

How to check the status of your chemicals

How to use EPA’s CDX to report your chemical as active

How to report your chemicals if you miss the deadline

Impact on Safety Data Sheets

Two sessions of this interactive, instructor-led webcast will be offered on January 30, 2018 and February 1, 2018 from 1:00-4:00 pm Eastern Standard Time.

Tampa Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Tampa, FL, on February 5-8 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Nashville Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Nashville, TN, on February 20-22 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Kansas City Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Kansas City, MO, on February 20-22 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

The post EPA to Allow Major Sources of Air Pollution to Reclassify as Area Sources appeared first on Environmental Resource Center.

Are You Ready for the February 7th TSCA CDX Reporting Deadline?

The Toxic Substances Control Act (TSCA) Inventory—which is a list of chemical substances in commerce in the US, is being updated.

If your company manufactured or imported chemicals from June 21, 2006 through June 21, 2016, the EPA’s TSCA Inventory Reset rule may require you to identify those substances as active on the EPA’s central data exchange (CDX) before February 8, 2018.

If you process or use chemicals, you may identify them as active on the TSCA Inventory through October 5, 2018. After October 5, 2018, EPA will compile a list of inactive substances, and 90 days after that list is published, the inactive substances may not, unless exempted, be manufactured, imported, processed, or used in commerce, in the U.S.

The 2016 amendments to TSCA require EPA to designate chemical substances on the TSCA Chemical Substance Inventory as either active or inactive in US commerce. To accomplish that, EPA established a retrospective electronic notification of chemical substances on the TSCA Inventory that were manufactured (including imported) for nonexempt commercial purposes during the 10-year time period ending on June 21, 2016, with a provision to also allow notification by processors. EPA uses these notifications to distinguish active substances from inactive substances. EPA includes the active and inactive designations on the TSCA Inventory and as part of its regular publications of the Inventory. EPA also established procedures for forward-looking electronic notification of chemical substances on the TSCA Inventory that are designated as inactive, if and when the manufacturing or processing of such chemical substances for nonexempt commercial purposes is expected to resume. On receiving forward-looking notification, EPA will change the designation of the pertinent chemical substance on the TSCA Inventory from inactive to active. EPA established the procedures regarding the manner in which such retrospective and forward-looking activity notifications must be submitted, the details of the notification requirements, exemptions from such requirements, and procedures for handling claims of confidentiality.

TSCA Reset Webcast 

Register for the TSCA Reset Webcast before the February 7, 2018, deadline. This interactive, instructor-led webcast will be offered on January 30, 2018 and February 1, 2018 from 1:00-4:00 pm. 

Atlanta Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Atlanta, on January 23-25 and save $100, or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Indianapolis Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Indianapolis on January 30-February 1 and save $100, or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Tampa Hazardous Waste and DOT Training 

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Tampa, FL, on February 5-8 and save $100, or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Reporting Requirements Update Expected for Animal Waste Emissions 

Due to a recent court action, many U.S. farms with animal operations will be required to report emissions from animal waste as early as January 22. CERCLA and EPCRA require facilities to report releases of hazardous substances that are equal to or greater than their reportable quantities (RQ) within any 24-hour period. Following a hazardous substance reportable release, a facility owner or operator must notify federal authorities under CERCLA and state and local authorities under EPCRA. Review the CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms Fact Sheet for frequently asked questions and how the updates may affect your operations.

On December 18, 2008, EPA published a final rule that exempted most farms from certain release reporting requirements in CERCLA and EPCRA. Specifically, the rule exempted farms releasing hazardous substances from animal waste to the air above threshold levels from reporting under CERCLA. For EPCRA reporting, the rule exempted reporting of such releases if the farm had fewer animals than a large concentrated animal feeding operation (CAFO).

In short, all farms were relieved from reporting hazardous substance air releases from animal waste under CERCLA, and only large CAFOs were subject to EPCRA reporting.   

A number of citizen groups challenged the validity of the final rule in the U.S. Court of Appeals for the District of Columbia Circuit. On April 11, 2017, the Court struck down the final rule, eliminating the reporting exemptions for farms. EPA sought additional time from the Court to delay the effective date so that EPA could develop guidance materials to help farmers understand their reporting obligations.

No reporting is required until the Court issues its order, or mandate, enforcing the April 11, 2017, decision. EPA will update this guidance to provide farmers with notice of when the mandate issues and reporting requirements begin. The court is expected to issue the mandate on January 22, 2018. Check EPA’s website frequently for updates. Once the mandate is issued, farms should submit an initial continuous release notification to the National Response Center for qualifying releases that occur within a 24-hour period.

The post Are You Ready for the February 7th TSCA CDX Reporting Deadline? appeared first on Environmental Resource Center.

OSHA Alliance on Hazards Facing Female Construction Workers Continues

OSHA has renewed its alliance with the National Association of Women in Construction (NAWIC), "to continue promoting safe and healthful working conditions for female construction workers."

OSHA has renewed its alliance with the National Association of Women in Construction (NAWIC), "to continue promoting safe and healthful working conditions for female construction workers."

In a press release, as part of the OSHA Alliance Program, the five-year pact will target hazards specific to women in construction, including the selection of personal protective equipment (PPE), sanitation, and workplace intimidation and violence. The alliance began in 2013.

According to OSHA’s website, the alliance intends to collaborate on raising awareness of OSHA’s rulemaking and enforcement tactics by:

* Sharing information on OSHA’s National Emphasis Programs, Regulatory Agenda, and opportunities to participate in the rulemaking process

* Sharing information on occupational safety and health laws, standards and guidance resources, including the rights and responsibilities of workers and employers

* Convening or participating in forums, roundtable discussions or stakeholder meetings on construction to create innovative workplace solutions or to give input on safety and health issues

The agreement also calls for encouraging NAWIC chapters to foster relationships with federal OSHA regional and area offices, as well as State Plans and OSHA’s On-Site Consultation Program, to address construction health and safety issues.

NAWIC was formed in 1955 and provides educational and professional development opportunities to more than 4,000 women.

Women in Construction (WIC) Week will be celebrated March 4-10, 2018, highlighting women as "a visible component of the construction industry". WIC Week also provides an occasion for NAWIC’s thousands of members across the country to raise awareness of the opportunities available for women in the construction industry and to emphasize the growing role of women in the industry.

Atlanta Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Atlanta, on January 23-25 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Indianapolis Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Indianapolis on January 30-February 1 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Tampa Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Tampa, FL, on February 5-8 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Aruvil International Inc. Fined $200,000 for Safety Violations

OSHA has cited Aruvil International, Inc., for multiple safety violations at its Pennsauken, New Jersey, facility. The chain-link fencing manufacturer faces $199,996 in proposed penalties.

Agency inspectors identified violations, including inadequate lighting; lack of machine guards; failing to keep the workroom clean and dry; failing to inspect and ensure proper use of fall protection; and failing to provide effective training on hazardous chemicals in a June 2017 inspection. A prior investigation in August 2015 found similar violations.

"Aruvil International has failed to correct similar violations cited two years ago," said OSHA Marlton Area Office Director Paula Dixon-Roderick. "To protect its workers, the employer should abate these repeatedly identified hazards."

Report Indicates NIOSH, BLS, and OSHA Could Effectively Collaborate on Surveillance Systems

NIOSH should lead a collaborative effort with the BLS, OSHA, and the states to establish and strengthen regional occupational safety and health surveillance programs, says a new report by the National Academies of Sciences, Engineering, and Medicine. The nation needs a robust occupational safety and health surveillance system to provide critical information about the relationships between work and injuries and illnesses in order to inform policy development, guide educational and regulatory activities, develop safer technologies, and enable research and prevention strategies that serve and protect all workers. A smarter surveillance system will minimize the undercounting of occupational injuries and illnesses by making strategic use of different datasets and surveys, and will maximize appropriate use of technologies.

"Ensuring and improving worker safety and health is a serious commitment, and federal and state agencies along with other stakeholders should diligently act upon it," said Edward Shortliffe, professor of biomedical informatics at Arizona State University and chair of the committee that conducted the study and wrote the report. "We are experiencing rapid changes in the nature of work, and with new risks developing; the nation is in dire need of a smarter surveillance system that tracks occupational injuries, illnesses, and exposures."

The estimated annual cost of occupation-related injuries, illnesses, and deaths in the U.S. is $250 billion, according to the latest data available from 2007. Occupational health and safety surveillance can provide ongoing, systematic collection, analysis, and interpretation of health data, essential to planning and evaluating public health practices. Currently there is no single, comprehensive surveillance system in the U.S., but rather a continuously evolving set of systems using a variety of data sources that meet different objectives, the report says. So far, the principal focus has been on collecting data on health outcomes, and less attention has been given to collecting information on hazards and exposures.

The report emphasizes the importance and value of sources and quality of inputs to creating a stronger surveillance system. Surveys and assessments designed to count occupational injuries do not capture data on some segments of the working population. For example, the BLS’ Survey of Occupational Injuries and Illnesses (SOII) does not include injuries to workers who are self-employed, like independent contractors, or who work on small farms. The report recommends BLS and OSHA work together to collect more complete, accurate, and robust information on the extent, distribution, and characteristics of work-related injuries and illnesses.

A federal-state partnership can facilitate and serve as a national effort to identify and monitor emerging problems, and to foster prevention programs that can address them, the report says. The committee called attention to enhancing the quality and capacity of informatics, particularly in NIOSH, using advanced computational and analytical tools, and monitoring advances in information technology. NIOSH, OSHA, and BLS should also work together to encourage education and training of the surveillance workforce in disciplines necessary for developing and using surveillance systems, including epidemiology, biomedical informatics, and biostatistics.

Implementing a household survey to record occupational injuries and illnesses will also help fill gaps in the data for populations of workers who are missing from employer-based injury reporting, by obtaining input directly from the worker, the report says. Additionally, OSHA’s electronic employer-based reporting initiative needs to be accompanied by a solid plan for analyzing, interpreting, and disseminating the information, the committee said. Specifically, OSHA should collaborate with BLS, NIOSH, state agencies, and other stakeholders to maximize the effectiveness and utility of the reporting initiative for surveillance.

The report also notes that work-related disease (versus injury) information has been lacking in the surveillance system. NIOSH should work with state occupational safety and health surveillance programs to develop a methodology and coordinated system for surveillance of both fatal and nonfatal occupational disease using multiple data sources. Furthermore, the committee called for an immediate collaborative effort of federal agencies to initiate the development of a comprehensive approach for exposure surveillance that builds and updates a database of risks and exposures to predict and locate work-related acute and chronic health conditions for prevention.

The study was funded by the NIOSH, BLS, and OSHA. The National Academies of Sciences, Engineering, and Medicine are private, nonprofit institutions that provide independent, objective analysis and advice to the nation to solve complex problems and inform public policy decisions related to science, technology, and medicine. The National Academies operate under an 1863 congressional charter to the National Academy of Sciences, signed by President Lincoln. For more information, visit http://national-academies.org.

The post OSHA Alliance on Hazards Facing Female Construction Workers Continues appeared first on Environmental Resource Center.

Don’t Forget to Post Your OSHA Injury and Illness Summary

As February 1 approaches, employers required to maintain an OSHA 300 injury and illness log should keep in mind that the 300A Summary sheet must be posted publicly from February 1 to April 30. The summary should be posted in work areas where employee notices are posted. Form 300A is a summary of injuries and illnesses that took place in 2017.

As February 1 approaches, employers required to maintain an OSHA 300 injury and illness log should keep in mind that the 300A Summary sheet must be posted publicly from February 1 to April 30. The summary should be posted in work areas where employee notices are posted. Form 300A is a summary of injuries and illnesses that took place in 2017. Work-related injuries and illness must be recorded if they result in death, loss of consciousness, days away from work, restricted work activity or job transfer, or medical treatment beyond first aid. Any work-related injuries that are deemed significant must also be recorded. These injuries include, but are not limited to, needlestick injuries and other cuts from sharp objects, punctured eardrums, and chronic diseases.

Employers in certain low-hazard industries or those with 10 or fewer employees in the previous year are not required to post the summary.

Atlanta Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Atlanta, on January 23-25 and save $100, or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Indianapolis Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Indianapolis on January 30-February 1 and save $100, or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Tampa Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Tampa, FL, on February 5-8 and save $100, or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Safe Driving Practices for Older Workers

You know that older workers bring skills, experience, and a respect for the rules to the workplace. But what about the driving? According to NIOSH "older drivers are more likely than their younger counterparts to adopt safe behaviors such as wearing a seatbelt and complying with speed limits." However, NIOSH says those 55 and above are twice as likely to die in a work-related crash than other workers.

Motor vehicle crashes account for 32% of all work-related deaths among workers 55 and older. A number of age-related conditions affect driving behavior. For example, diabetes, which can cause blood sugar levels to spike or drop, can cause sleepiness, dizziness, confusion, seizures, or loss of consciousness. Arthritis, which causes painful swollen joints, can limit movement of the shoulders, hands, head, and neck.

The following age-related changes can also affect driving ability:

* Eyesight - Older eyes need more light and more time to adjust when lighting changes. That makes it hard to see clearly at dawn, dusk, and at night. Peripheral vision can also decline with age, which increases driving risk. Eye diseases like cataracts, glaucoma, and macular degeneration are more common with age. Those conditions can make it hard for older drivers to read signs and see colors.

* Hearing - Age-related hearing loss makes it harder for drivers to hear horns, sirens, and noises from cars, warning of possible danger.

* Motor skills - Skills considered essential for safe driving may decline with age. Examples are physical strength, range of motion, flexibility, and coordination.

* Mental skills - Memory, attention span, judgment, and quick reaction times, all considered essential for safe driving, can diminish with age. As a result, older drivers can feel overwhelmed by signs, signals, vehicles, and pedestrians.

NIOSH recommends the following practices to address these and other risks to older drivers:

* Require use of seat belts at all times for everyone in the vehicle.

* Plan and manage travel. For example, permit employees to consult with supervisors or adjust their driving hours if they have trouble seeing at night.

* Prevent distracted driving. Ban texting and use of handheld phones while employees are driving. Consider banning hands-free devices as well.

* Prevent drowsy driving. Allow for breaks during the work shift. If employees are too tired, permit them to take a brief nap. Promote a work environment that reduces stress, which can affect sleep. Advise employees about sleep disorders and other conditions that can lead to sleepiness.

The post Don’t Forget to Post Your OSHA Injury and Illness Summary appeared first on Environmental Resource Center.

EPA’s Annual Regulatory Plan Released

The EPA, along with the rest of the federal government, released its Semiannual Agenda of Regulatory and Deregulatory Actions and Regulatory Plan. The Semiannual Regulatory Agenda provides updates to the public about regulatory activity to support EPA’s core mission to protect human health and the environment.

The EPA, along with the rest of the federal government, released its Semiannual Agenda of Regulatory and Deregulatory Actions and Regulatory Plan. The Semiannual Regulatory Agenda provides updates to the public about regulatory activity to support EPA’s core mission to protect human health and the environment. The latest Regulatory Plan describes the 13 most significant regulatory priorities the Agency expects to propose or finalize in the upcoming year.

"EPA’s plan balances its statutory requirements to issue regulations and its commitment to providing regulatory certainty through improvements to existing regulations that were flawed, outdated, ineffective, or unnecessarily burdensome," said EPA Administrator Scott Pruitt.

Notably, EPA’s Regulatory Agenda and Plan demonstrates the Agency’s progress in implementing President Trump’s executive orders on regulatory reform. For Fiscal Year 2017 - consistent with Executive Order 13771-EPA finalized two deregulatory actions for each final regulatory action and did not impose any new net costs on the U.S. economy.

As required by Executive Order 12866, the Semiannual Agenda of Regulatory and Deregulatory Actions and Regulatory Plan was released as part of the government-wide Unified Agenda. The agenda outlines 26 actions appearing for the first time and 54 deregulatory actions.

EPA’s plan describes regulatory and deregulatory actions that are under development or review and rules expected to be proposed or finalized with the next year.

EPA’s latest Regulatory Plan describes the 13 most significant regulations the Agency expects to propose or finalize in the upcoming year. EPA’s Fall 2017 Regulatory Agenda includes 101 active actions (e.g., actions with a projected stage within the next 12 months).

Among the actions in the latest Regulatory Agenda and Plan:

* 26 actions are appearing for the first time

* 54 actions are deregulatory

* To access EPA’s Fall 2017 Semiannual Agenda of Regulatory and Deregulatory Actions and Regulatory Plan, please see: https://www.epa.gov/laws-regulations/regulatory-agendas-and-regulatory-plans.

In addition to the release of the Fall 2017 Semiannual Agenda, EPA is announcing the launch of a new online website that will provide the public with information about EPA rules that are being repealed or modified. This website will include all EPA actions that meet the criteria of a deregulatory action as described in Executive Order 13771 and have been classified as a deregulatory action by EPA following a robust public participation process this summer. This website will be accessible in the coming weeks through EPA’s regulatory reform webpage: https://www.epa.gov/laws-regulations/regulatory-reform.

These actions directly support Administrator Pruitt’s goal of refocusing EPA on its core mission of protecting the nation’s air, water and land while reducing unnecessary regulatory burdens on the American people.

Raleigh RCRA and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Raleigh, NC, on January 8-10 and save $100. To take advantage of this offer, click here or call 800-537-2372.

Anaheim Hazardous Waste and DOT Training

Register for California Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Anaheim, CA, on January 9-11 and save $100. To take advantage of this offer, click here or call 800-537-2372.

Atlanta Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Atlanta, GA, on January 23-25 and save $100. To take advantage of this offer, click here or call 800-537-2372.

Recommendations for Wildfire Emergency Cleanup

Ash, charred debris, and other contaminated materials from burned structures may contain hazardous wastes. To minimize exposure to emergency personnel, the general public, and workers involved with restoration efforts, and to minimize dispersion to the air and run-off to surrounding surface waters, the ash and contaminated debris should be cleaned up and contained as quickly as possible. Actions taken to immediately mitigate and contain and control hazardous waste releases are exempt from hazardous waste permit requirements (22 CCR 66270.1(c)(3)(A)) after the Governor has declared the county in a State of Emergency. This document provides general guidance for the management of these materials. This guidance applies only to the emergency actions taken to clean up, contain and dispose of the ash and debris from the burn structures. This guidance does not apply to long term restoration activities.

During emergency cleanup efforts, restoration workers must evaluate readily identifiable hazardous wastes and determine if they can be safely segregated and managed separately from the ash and debris. If hazardous material cannot be separated safely, it is permissible to contain and dispose of these materials with the ash and contaminated debris. Uncontaminated and unburned hazardous materials (i.e., hazardous materials with smoke damage from partially burned structures) should not be commingled with ash and debris. These materials should be segregated and directed to local hazardous waste collection programs. See DTSC emergency guidance on the collection of hazardous wastes from burned areas at www.dtsc.ca.gov.

The post EPA Given 90 Days to Update Lead Paint Rules appeared first on Environmental Resource Center.

Continued Innovation Brings High Fuel Economy in U.S.

The EPA issued two annual reports that provide information on fuel economy and greenhouse gas (GHG) emissions from light duty vehicles in the United States. The reports show auto manufacturers continue to innovate and make progress increasing fuel economy and reducing pollution.

The EPA issued two annual reports that provide information on fuel economy and greenhouse gas (GHG) emissions from light duty vehicles in the United States. The reports show auto manufacturers continue to innovate and make progress increasing fuel economy and reducing pollution.

The Light-Duty Automotive Technology, Carbon Dioxide Emissions, and Fuel Economy Trends: 1975-2017 report is the authoritative reference for real world fuel economy, technology trends and tailpipe carbon dioxide emissions, for new personal vehicles sold in the U.S. every year since 1975. The report shows fuel economy for the U.S. fleet continues to improve. Model year (MY) 2016 vehicle fuel economy was 24.7 mpg, slightly higher than MY 2015, and a record high overall. Since MY 2004, fuel economy and CO2 emissions have improved in ten out of twelve years.

The Manufacturer Performance Report assesses compliance performance for individual automakers and for the U.S. fleet as a whole with the GHG emissions standards for light duty vehicles. This year’s report shows all manufacturers are in compliance with the standards.

EPA, DOT, and CARB implement coordinated regulations for passenger cars and light trucks on fuel economy and GHG emissions.

Atlanta Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Atlanta, on January 23-25 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Indianapolis Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Indianapolis on January 30-February 1 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Tampa Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Tampa, FL, on February 5-8 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

USDOT Announces Initiative to Modernize Data Analysis and Drive Down Fatalities

The DOT is launching a multi-model initiative, including two pilot programs to modernize its data analysis and integrate its traditional datasets with new "big data" sources to gain insights into transportation safety.

"Advances in data science have the potential to transform the Department’s approach to safety research and provide insights that can help improve highway safety," said DOT Secretary Elaine L. Chao.

Under Secretary of Transportation for Policy Derek Kan announced the initiative at the Transportation Research Board Conference on January 8th.

One pilot project will integrate established data on known crashes and highway design with anonymous data from GPS-enabled devices that provides prevailing speeds at 5-minute intervals across the entire National Highway System. For the first time, the Department will be able to look directly at prevailing operating speeds at a large scale to see how speed and speed differentials interact with roadway characteristics to influence the likelihood of crashes. Every year speeding is a contributing factor in traffic fatalities, and in 2016 10,111 roadway deaths involved speed. The pilot will also look at the role of speed in rural incidents.

The second pilot project will integrate traffic crash data with data from the crowd-sourced app Waze on traffic hazards and conditions. This initiative will examine the feasibility of using this new crowd-sourcing application to provide a reliable, timely indicator of reportable traffic crashes, and estimate crash risk based on Waze-reported hazards.

Together, these pilot projects represent a new approach to data analysis that will seek to augment traditional data sources with new data that can be collected and analyzed much more quickly. This approach will create new multi-dimensional models of the transportation system. The initial focus of the effort is on gaining insights that will help drive down highway fatalities.

Michigan Tackles PFAS Contamination, Strengthens Environmental Criteria

The Michigan Department of Environmental Quality (MDEQ) announced it has developed a drinking water criterion for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). The residential and nonresidential drinking water criterion is 0.07 �g/L (70 parts per trillion) for the combined concentrations of PFOA and PFOS, which sets an official state standard for acceptable concentrations of these contaminants in ground water used for drinking water purposes.

The combined criterion took effect January 10, 2018. Previously there has been no level set in state criteria.

"This new standard allows us to take regulatory enforcement actions, something we have not been able to do absent a state criterion." said Heidi Grether, DEQ director. "This means we will now have tools to mandate a responsible party conduct activities to address PFOA and PFOS contamination, thereby reducing risk to human health and the environment."

With the new criterion, the department can now issue violation notices and take legal action against any responsible party who doesn’t comply with the state’s clean up rules.

"Our philosophy is that we expect responsible parties to voluntarily comply with state clean up criteria, which is why we work in close collaboration with them to help bring them into compliance," said Grether. "This rule update allows us the proper enforcement tools to ensure state law is met on the occasion that we need them, should compliance become a challenge."

The legal basis for development of the generic cleanup criteria is Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, and the Part 201 administrative rules. Rule provisions [R 299.6(9) et al] allow the department to determine that a substance not listed in the generic cleanup criteria tables is a hazardous substance using best available information about toxicological and physical-chemical properties of the substance, and to use that information to develop a generic criterion. The new criterion developed pursuant to these rules take effect when published and announced by the MDEQ.

The PFOA and PFOS drinking water criterion is set at the lifetime health advisory value presented in the United States Environmental Protection Agency Drinking Water Health Advisories for Perfluorooctanoic Acid (PFOA), EPA 822-R-16-005, May 2016 and Perfluorooctane Sulfonate (PFOS), EPA 822-R-16-004, May 2016. Compliance with the drinking water criterion requires comparing the sum of the PFOA and PFOS groundwater concentrations to the drinking water criterion of 0.07 �g/L. The drinking water criterion for PFOA and PFOS protect for both short-term developmental and chronic exposures.

Last fall Governor Snyder issued Executive Directive 2017-4 creating the Michigan PFAS Action Response Team MPART) to address the need for cooperation and coordination among agencies at all levels of government charged with identifying PFAS contamination, informing and empowering the public, and mitigating the potential effects. Particularly in view of the current lack of nationwide best practices, the directive serves to set a strategic and proactive approach for the state with this emerging contaminant. The MDEQ has been a key agency in the discovery and investigation of PFAS sites around the state with the goal of mitigating potential risk to public health and identifying immediate and long-term solutions to this issue.

"While PFAS is a national issue, we are determined to continue studying this emerging science until we are assured that Michigan’s communities are safe from this contaminant," said Grether.

Listening Sessions Announced on Proposed Repeal of Clean Power Plan

The EPA announced the dates for three public listening sessions on the proposed repeal of the Clean Power Plan:

February 21, 2018 - Kansas City, MO

February 28, 2018 - San Francisco, CA

March 27, 2018 - Gillette, WY

"In response to significant interest surrounding the proposed repeal of the Clean Power Plan and the success of the West Virginia hearing, we will now hold listening sessions across the country to ensure all stakeholders have an opportunity to provide input," said EPA Administrator Scott Pruitt.

Contact: Registration information and more details will be posted at: https://www.epa.gov/stationary-sources-air-pollution/electric-utility-generating-units-repealing-clean-power-plan. Pre-registration to provide an oral presentation will begin when the notice is published in the Federal Register and close one week prior to each session.

With the publication of an upcoming Federal Register notice, EPA will re-open the public comment period for the proposed repeal through April 26, 2018 and provide further details on the listening sessions. Written statements and supporting information submitted while the public comment period is open will be considered with the same weight as any oral comments and supporting information presented at the listening sessions. Comments should be identified by Docket ID No. EPA-HQ-OAR-2017-0355 and may be submitted by one of the methods listed on the Clean Power Plan Proposed Repeal: How to Comment web page.

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Electronic Hazardous Waste Manifest to Go Live on June 30

On January 3, EPA published a final rule in the Federal Register that spells out how user fees for electronic and paper hazardous waste manifests will be submitted. After the e-Manifest system's implementation date, facilities that receive hazardous waste (such as permitted treatment, storage, and disposal facilities) will be required to pay a prescribed fee for each electronic and paper manifest and submit the fee to the national e-Manifest system so that EPA can recover the costs of developing and operating the system. The only exception to this requirement is for rejected shipments, when TSDFs return shipments to generators. In these cases, the rejecting TSDF is responsible for the payment of the fee for the return manifest

This final rule also announced that EPA expects the new e-Manifest system to be operational on June 8, of this year. EPA will begin accepting manifest submissions and collecting the corresponding manifest submission fees on this date. Although the fee structure has not been finalized, EPA has initially estimated the following fees, with the highest rates applying to mailed paper manifests:

Mailed paper $20.00 (per manifest)

Image upload $13.00

Data file upload $7.00

Electronic $4.00

The final rule also made changes not related to fees including modifications to the existing regulations to: allow changes to the transporters designated on a manifest while the shipment is en route; describe how data corrections may be made to existing manifest records in the system; and amend the previous e-Manifest regulation (the One Year Rule) to allow the use, in certain instances, of a mixed paper and electronic manifest to track a hazardous waste shipment.

The rule will become effective on June 30, 2018. Learn more about the new manifest at Environmental Resource Center’s live webcast.

Atlanta Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Atlanta, on January 23-25 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Indianapolis Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Indianapolis on January 30 - February 1 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Tampa Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Tampa, FL, on February 5-8 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

The post Electronic Hazardous Waste Manifest to Go Live on June 30 appeared first on Environmental Resource Center.

EPA’s Annual Regulatory Plan Released

The EPA, along with the rest of the federal government, released its Semiannual Agenda of Regulatory and Deregulatory Actions and Regulatory Plan. The Semiannual Regulatory Agenda provides updates to the public about regulatory activity to support EPA’s core mission to protect human health and the environment.

The EPA, along with the rest of the federal government, released its Semiannual Agenda of Regulatory and Deregulatory Actions and Regulatory Plan. The Semiannual Regulatory Agenda provides updates to the public about regulatory activity to support EPA’s core mission to protect human health and the environment. The latest Regulatory Plan describes the 13 most significant regulatory priorities the Agency expects to propose or finalize in the upcoming year.

"EPA’s plan balances its statutory requirements to issue regulations and its commitment to providing regulatory certainty through improvements to existing regulations that were flawed, outdated, ineffective, or unnecessarily burdensome," said EPA Administrator Scott Pruitt.

Notably, EPA’s Regulatory Agenda and Plan demonstrates the Agency’s progress in implementing President Trump’s executive orders on regulatory reform. For Fiscal Year 2017 - consistent with Executive Order 13771-EPA finalized two deregulatory actions for each final regulatory action and did not impose any new net costs on the U.S. economy.

As required by Executive Order 12866, the Semiannual Agenda of Regulatory and Deregulatory Actions and Regulatory Plan was released as part of the government-wide Unified Agenda. The agenda outlines 26 actions appearing for the first time and 54 deregulatory actions.

EPA’s plan describes regulatory and deregulatory actions that are under development or review and rules expected to be proposed or finalized with the next year.

EPA’s latest Regulatory Plan describes the 13 most significant regulations the Agency expects to propose or finalize in the upcoming year. EPA’s Fall 2017 Regulatory Agenda includes 101 active actions (e.g., actions with a projected stage within the next 12 months).

Among the actions in the latest Regulatory Agenda and Plan:

* 26 actions are appearing for the first time

* 54 actions are deregulatory

* To access EPA’s Fall 2017 Semiannual Agenda of Regulatory and Deregulatory Actions and Regulatory Plan, please see: https://www.epa.gov/laws-regulations/regulatory-agendas-and-regulatory-plans.

In addition to the release of the Fall 2017 Semiannual Agenda, EPA is announcing the launch of a new online website that will provide the public with information about EPA rules that are being repealed or modified. This website will include all EPA actions that meet the criteria of a deregulatory action as described in Executive Order 13771 and have been classified as a deregulatory action by EPA following a robust public participation process this summer. This website will be accessible in the coming weeks through EPA’s regulatory reform webpage: https://www.epa.gov/laws-regulations/regulatory-reform.

These actions directly support Administrator Pruitt’s goal of refocusing EPA on its core mission of protecting the nation’s air, water and land while reducing unnecessary regulatory burdens on the American people.

Raleigh RCRA and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Raleigh, NC, on January 8-10 and save $100. To take advantage of this offer, click here or call 800-537-2372.

Anaheim Hazardous Waste and DOT Training

Register for California Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Anaheim, CA, on January 9-11 and save $100. To take advantage of this offer, click here or call 800-537-2372.

Atlanta Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Atlanta, GA, on January 23-25 and save $100. To take advantage of this offer, click here or call 800-537-2372.

Recommendations for Wildfire Emergency Cleanup

Ash, charred debris, and other contaminated materials from burned structures may contain hazardous wastes. To minimize exposure to emergency personnel, the general public, and workers involved with restoration efforts, and to minimize dispersion to the air and run-off to surrounding surface waters, the ash and contaminated debris should be cleaned up and contained as quickly as possible. Actions taken to immediately mitigate and contain and control hazardous waste releases are exempt from hazardous waste permit requirements (22 CCR 66270.1(c)(3)(A)) after the Governor has declared the county in a State of Emergency. This document provides general guidance for the management of these materials. This guidance applies only to the emergency actions taken to clean up, contain and dispose of the ash and debris from the burn structures. This guidance does not apply to long term restoration activities.

During emergency cleanup efforts, restoration workers must evaluate readily identifiable hazardous wastes and determine if they can be safely segregated and managed separately from the ash and debris. If hazardous material cannot be separated safely, it is permissible to contain and dispose of these materials with the ash and contaminated debris. Uncontaminated and unburned hazardous materials (i.e., hazardous materials with smoke damage from partially burned structures) should not be commingled with ash and debris. These materials should be segregated and directed to local hazardous waste collection programs. See DTSC emergency guidance on the collection of hazardous wastes from burned areas at www.dtsc.ca.gov.

The post EPA Given 90 Days to Update Lead Paint Rules appeared first on Environmental Resource Center.

EPA Given 90 Days to Update Lead Paint Rules

A federal court ordered EPA to propose a new rule on hazardous lead levels in paint and household dust within the next 90 days -- not the six years proposed by the Trump administration.

While lead paint was banned in the United States 40 years ago, older coatings remain on the walls and ceilings of many of the nation's homes, where it can be breathed in and endanger children's development.

The new expedited order "is going to protect the brains of thousands of children across the country," Eve Gartner, a staff attorney for Earthjustice, told The New York Times. Earthjustice helped argue the case for organizations that support tougher standards.

"It's going to mean that children that otherwise would have developed very elevated blood lead levels will be protected from the damage associated with that, assuming EPA follows the court order," she said.

The new 2-to-1 decision came from the United States Court of Appeals for the Ninth Circuit, in San Francisco. Earlier, the Obama administration had proposed a six-year delay on revisions to lead paint rules, a move the court had called unreasonable.

"Indeed EPA itself has acknowledged that 'lead poisoning is the number one environmental health threat in the U.S. for children ages 6 and younger,' and that the current standards are insufficient," the ruling said, adding, "The children exposed to lead poisoning due to the failure of EPA to act are severely prejudiced by EPA's delay."

An agency spokesman said the EPA is reviewing the court's decision, and would not say if the agency planned to appeal or seek review with the Supreme Court.

Anaheim Hazardous Waste and DOT Training

Register for California Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Anaheim, CA, on January 9-11 and save $100. To take advantage of this offer, click here or call 800-537-2372.

Atlanta Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Atlanta, GA, on January 23-25 and save $100. To take advantage of this offer, click here or call 800-537-2372.

Indianapolis Hazardous Waste and DOT Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Indianapolis, IN on January 30 – February 1 and save $100. To take advantage of this offer, click here or call 800-537-2372.

EPA to Publish State Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units

In light of the EPA’s proposed repeal of the Agency's Clean Power Plan (82 FR 48035, October 16, 2017, EPA has issued an Advanced Notice of Proposed Rulemaking that proposes on a potential new rule establishing emission guidelines for greenhouse gas emissions from existing electrical generating units. In the ANPR, the Agency requested comment on the roles, responsibilities, and limitations of the federal government, state governments, and regulated entities in developing and implementing such a rule, and asked for information regarding the appropriate scope of such a rule and associated technologies and approaches.

According to the ANPR, EPA will propose publication of guideline documents for use by the States, with that guideline document containing, among other things, an  emission guideline that reflects the Best System of Emission Reduction (BSER), as determined by the Agency, for the category of existing sources being regulated. The guideline documents will provide information for the development of State plans, such as, an emission guideline that reflects the application of the BSER (considering the cost of such reduction) that has been adequately demonstrated.

Guidelines for Shipping Lithium Batteries

In their continuing effort to improve safety, the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) and the U.S. Postal Service  recently collaborated and rolled out a set of safety guidelines for mailing lithium batteries. Everyone that ships lithium batteries and electronic devices containing lithium batteries must be aware that certain requirements must be met to ensure safety. Both agencies are responsible for enforcing the safety standards regarding the appropriate labeling and shipment of hazardous materials under PHMSA’s Hazardous Materials Regulations for the safe transportation of lithium batteries in commerce. Go here for a copy of the safety guidelines.

New Cautions Against Refilling DOT 39 Cylinders

With safety as its primary mission, PHMSA produced and launched a YouTube video and poster that cautions you to never refill DOT 39 cylinders, such as the 1 lb. cylinders used for camping. While many types of propane cylinders are designed to be refilled, a DOT 39 cylinder of any size is strictly non-refillable. Hazardous materials incidents involving refilled DOT 39 cylinders, have been reported and include one fatality. If you have any questions about refilling any cylinder, please contact a qualified refiller, or PHMSA’s HAZMAT Info Center at 1-800-467-4922, https://www.phmsa.dot.gov, or e-mail: infocntr@dot.gov

Revised Wool Fiberglass Manufacturing NESHAP

EPA has completed its final residual risk and technology reviews for the Wool Fiberglass Manufacturing source category regulated under the national emission standards for hazardous air pollutants (NESHAP). As a result of the review, the Agency has readopted the existing emission limits for formaldehyde, established new emission limits for methanol, and a work practice standard for phenol emissions from bonded rotary spin  lines at wool fiberglass manufacturing facilities. In addition, the EPA revised the emission standards promulgated on July 29, 2015, for flame attenuation (FA) lines at wool fiberglass manufacturing facilities by creating three subcategories of FA lines and established emission limits for formaldehyde and methanol emissions, and either emission limits or work practice standards for phenol emissions for each subcategory of FA lines.  The revised NESHAP became effective on the date of December 26, 2017, the date it was published in the Federal Register.

Environmental Impact of Severe Winter Weather

What you do during severe winter conditions and cold can create certain environmental problems, indoors or out.

What homeowners can do - gasoline-powered generators provide emergency electricity, but generators also release deadly carbon monoxide (CO).

What companies, municipalities and airports can do - deicing chemicals improve safe transportation on roads or airplanes, but misused chemicals can also contaminate waterways or drinking water sources.

Around your home:

People get sick or die each year from carbon monoxide or "CO" poisoning due to unsafe use of generators.

• Generator exhaust is toxic. Always put generators outside well away from doors, windows, and vents. Never use a generator inside homes, garages, crawlspaces, sheds, or similar areas. Carbon monoxide (CO) is deadly, can build up quickly, and linger for hours.
• Never try to heat your home using a combustion appliance such as a gas stove, oven, barbeque grill, or dryer. Never operate any gas-burning heater or other appliance in a poorly vented or closed room, or where you are sleeping.

Highways and Walkways

• Use de-icers that are safer for the environment.
• Road Salt Application and Storage: Application and storage of deicing materials, most commonly salts such as sodium chloride, can lead to water quality problems for surrounding areas. Municipalities in areas with snowfall that requires deicing must ensure proper storage for materials such as road salts.
• Application Practices – See the results of this study about minimizing the loss to the environment of chemicals used in controlling snow and ice on highways.

Airports

• Airport deicing effluent guidelines - Airports are required to obtain stormwater discharge permits and ensure that wastewater associated with the deicing of airfield pavement at commercial airports from deicing operations is properly managed.
• Storm Water Technology Fact Sheet: Airplane Deicing Fluid Recovery Systems (PDF) - This describes the recovery of spent ethylene glycol or propylene glycol through a three-stage process typically consisting of filtration, contaminant removal, and distillation.

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