Thursday, June 28, 2018

What BBQ Smoke Exposure Tells You About Occupational Chemical Exposures

With summer coming, it’s only a matter of time before the smells and tastes of barbecued foods dominate the neighborhood. But there’s a downside to grilling that can literally get under your skin. In a study appearing in Environmental Science & Technology, scientists report that skin is a more important pathway for uptake of cancer-causing compounds produced during barbecuing than inhalation. They also found that clothing cannot fully protect individuals from this exposure.
In the U.S., 70% of adults own a grill or a smoker, and more than half of them grill at least four times a month, according to the Barbecue Industry Association. But barbecuing produces large amounts of polycyclic aromatic hydrocarbons, or PAHs. These carcinogenic compounds can cause respiratory diseases and DNA mutations. Eating grilled foods is the most common source of PAHs arising from barbecuing. However, according to a previous study by Eddy Y. Zeng and colleagues, bystanders near barbecues were likely exposed to considerable amount of PAHs through skin exposure and inhalation, even if they didn’t eat the grilled foods. Building on that study, the team sought to more precisely quantify skin uptake of PAHs from barbecue fumes and particles.
The researchers divided volunteers into groups at an outdoor barbecue to provide them with varying degrees of exposure to the food and the smoke. After analyzing urine samples from the volunteers, the researchers concluded that, as expected, diet accounted for the largest amount of PAH exposure. However, the skin was the second-highest exposure route, followed by inhalation. They say oils in barbecue fumes likely enhance skin uptake of PAHs. The team also found that while clothes may reduce skin exposure to PAHs over the short term, once clothing is saturated with barbecue smoke, the skin can take in considerable amounts of PAHs from them. They suggest washing clothes soon after leaving a grilling area to reduce exposure.
So, what can we learn from BBQ smoke about occupational chemical exposures? It's that workplace exposures might be complex. We might protect workers with respirators, but what about skin exposure? Even if workers wear impervious gloves, fumes and vapors in the air can lead to skin exposures that may have been overlooked. Worker clothing might not be protective and could even exacerbate chemical exposures. Therefore, more research is needed to evaluate chemicals in the workplace to determine if any exposures have been overlooked, and if so, new protections may be needed.
Hazardous Waste Training

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 at nationwide locations, and via live webcasts. If you plan to also attend DOT hazardous materials training, call 800-537-2372 to find out how can get your course materials on a new Amazon Fire HD10 tablet.
What’s on OSHA’s Agenda
All federal agencies that publish regulations are required to publish a semiannual regulatory agenda in order to inform the regulated community of pending, as well as recently completed regulatory actions. In the past, OSHA published regulatory agendas spanning dozens of proposed rules. The Agency’s current agenda is much more limited, it includes:
Communication Tower Safety
While the number of employees engaged in the communication tower industry remains small, the fatality rate is very high. Over the past 20 years, this industry has experienced an average fatality rate that greatly exceeds that of the construction industry, for example. Falls are the leading cause of death in tower work and OSHA has evidence that fall protection is used either improperly or inconsistently.
Employees are often hoisted to working levels on small base-mounted drum hoists that have been mounted to a truck chassis, and these may not be rated to hoist personnel. According to OSHA, communication tower construction and maintenance activities are not adequately covered by current OSHA fall protection and personnel hoisting standards, and OSHA plans to use information it will collect from a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel to identify effective work practices and advances in engineering technology that would best address industry safety and health concerns. While this panel will be focused on communication towers, OSHA plans to consider inclusion of structures that have telecommunications equipment on or attached to them (e.g., buildings, rooftops, water towers, billboards, etc.). An estimated date for a proposed rule has not been identified.
Tree Care Standard
Because there is no OSHA standard for tree care operations; the agency currently applies a patchwork of standards to address the serious hazards in this industry. The tree care industry previously petitioned the agency for rulemaking and OSHA issued an ANPRM (September 2008). Tree care continues to be a high-hazard industry and OSHA intends to initiate a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel in April, 2019.
Infectious Diseases
Employees in health care and other high-risk environments face long-standing infectious disease hazards such as tuberculosis, varicella disease (chickenpox, shingles), and measles (rubeola), as well as new and emerging infectious disease threats, such as Severe Acute Respiratory Syndrome (SARS) and pandemic influenza.
Health care workers and workers in related occupations, or who are exposed in other high-risk environments, are at increased risk of contracting tuberculosis, SARS, Methicillin-Resistant Staphylococcus Aureus (MRSA), and other infectious diseases that can be transmitted through a variety of exposure routes. OSHA is examining regulatory alternatives for control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease. Workplaces where such control measures might be necessary include: Health care, emergency response, correctional facilities, homeless shelters, drug treatment programs, and other occupational settings where employees can be at increased risk of exposure to potentially infectious people. A standard could also apply to laboratories, which handle materials that may be a source of pathogens, and to pathologists, coroners' offices, medical examiners, and mortuaries. An estimated date for a proposed rule has not been identified.
Process Safety Management (PSM) and Prevention
In accordance with the Executive Order 13650, Improving Chemical Facility Safety and Security, OSHA issued a Request for Information (RFI) on December 9, 2013 (78 FR 73756). The RFI identified issues related to modernization of the Process Safety Management standard and related standards necessary to meet the goal of preventing major chemical accidents. Although potential changes in the PSM standard has been on OSHA’s agenda for several years, significant movement on any changes has not occurred and an estimated date for a proposed rule has not been identified.
Contractor Cited for Fall and Other Safety Hazards
OSHA has cited Appleton, WI roofing contractor Hector Hernandez again after OSHA inspectors observed employees exposed to falls and other safety hazards at two Wisconsin job sites. OSHA proposed penalties of $120,320.
Hernandez, who operates Town City Construction, was cited for one repeated and two willful violations for failing to provide fall protection, train workers on fall hazards, properly install an extension ladder for safe egress, and provide required ladder jack scaffold components.
Hernandez has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Healthcare Challenges After Radiological Incidents
Many resources are available for healthcare, public health, and emergency management professionals planning for a potential large-scale radiological release or nuclear detonation incident, but planning is difficult, and few jurisdictions have detailed plans. The Office of the Assistant Secretary for Preparedness and Response (ASPR) Technical Resources, Assistance Center, and Information Exchange (TRACIE) will host a webinar with panelists to discuss the impact and potential solutions of different event types and provide guidance and lessons learned related to casualties of radiological and nuclear emergencies. The webinar will take place July 11, 2018 from 2:00-3:15 p.m. ET.
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Monday, June 25, 2018

Changes in DOT Hazardous Materials Transportation Regulations are On the Way

On Tuesday, June 12, 2018, the DOT's Pipeline and Hazardous Materials Safety Administration (PHMSA) will host two public meetings. The first meeting--led by PHMSA--will solicit public input on current proposals and discuss potential new work items for inclusion in the agenda of the 53rd session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The second meeting--led by the Occupational Safety and Health Administration (OSHA)--will discuss proposals in preparation for the 35th session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS).

General topics on the agenda for the meeting include:

  • Explosives and related matters
  • Listing, classification, and packing;
  • Electric storage systems
  • Transport of gases
  • Global harmonization of regulations on the Transport of Dangerous Goods with the Model Regulations
  • Guiding principles for the Model Regulations
  • Cooperation with the International Atomic Energy Agency
  • New proposals for amendments to the Model Regulations
  • Issues relating to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS)
  • Miscellaneous pending issues.


Following the 53rd session of the UNSCOE TDG, a copy of the Sub-Committee’s report will be available at the UN Transport Division’s website. Additional information regarding the UNSCOE TDG can be found on PHMSA’s website.

Hazardous Waste Training
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 at nationwide locations, and via live webcasts. If you plan to also attend DOT hazardous materials training, call 800-537-2372 to find out how can get your course materials on a new Amazon Fire HD10 tablet.

Idaho Granted Authority to Implement State Pollutant Discharge Elimination System

EPA Administrator Scott Pruitt signed a delegation memorandum that will allow the Idaho Department of Environmental Quality (IDEQ) to begin issuing and enforcing discharge permits for businesses and municipalities across the state. Starting July 1, 2018, IDEQ will begin administering the Idaho Pollutant Discharge Elimination System in place of the National Pollutant Discharge Elimination System (NPDES). Administrator Pruitt also attended a business roundtable with Idaho Governor C.L. “Butch” Otter and toured the National Interagency Fire Center.

The NPDES program is a fundamental building block of the federal Clean Water Act that regulates pollution discharged to the nation’s streams, rivers, and marine environments. Under the Clean Water Act, EPA may authorize states to implement all or parts of the NPDES system. Prior to this approval, EPA issued and enforced water discharge permits in Idaho.

To build their program, IDEQ worked with the legislature to secure dependable funding, hired and trained permit-writers and enforcement staff, held public and stakeholder meetings, and developed a four-year sector phase-in schedule. Idaho now joins 46 other states across the country running their own water discharge permitting program, protecting their most precious natural resource: safe, clean water. Idaho’s program will be called the Idaho Pollutant Discharge Elimination System.

Under its approval, EPA retains oversight of Idaho’s program including federal enforcement authority. Idaho plans to phase-in the permit program as follows:


  • Phase I (July 1, 2018): Domestic Wastewater Facilities and the Pretreatment Program
  • Phase II (July 1, 2019): Industrial Wastewater Facilities
  • Phase III (July 1, 2020): General Permit (non-Storm water)
  • Phase IV (July 1, 2021): All storm water permits and the Biosolids Program

Former Concord Chemical CEO Admits to Improper Storage of Hazardous Waste

The former president and CEO of Concord Chemical Co. Inc. (Concord) has admitted to illegally storing hazardous waste at the company's Camden facility and making false statements to the EPA, U.S Attorney Craig Carpenito announced last week.

Miguel Castillo, 63, of Hilton Head, South Carolina, pleaded guilty to one count of storing hazardous waste at Concord's Camden facility in violation of the Resource Conservation and Recovery Act (RCRA), according to Carpenito.

RCRA was enacted in 1976 to address a growing nationwide problem with industrial and municipal waste, according to documents filed in the case and statements made in court. RCRA was designed to protect human health and the environment by prohibiting the treatment, storage or disposal of any hazardous waste without a permit.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes the EPA to remove hazardous waste from industrial sites and hold responsible parties liable for the costs.

Concord manufactured, repackaged and distributed a wide variety of chemical products, including cresylic acid, soaps, waxes, pipe lubricants and emulsions. Some of Concord's products and the raw materials used to make them were hazardous.

Castillo was Concord's president or CEO from 2003 through August 2011. He also served as the president and director of another company, KW Inc., which repackaged and distributed commercial laundry products while leasing space from Concord's Camden facility from May 2008 through the fall of 2009. Neither Concord nor KW had a permit to store hazardous waste at the Camden facility.

While Castillo was in charge of Concord, drums containing hazardous waste were stored in the Camden facility basement. In 2004 and 2005, Concord employees attempted to remove those drums but allegedly never finished due to claims by Castillo that Concord could not afford to remove additional drums.

By March 2010, Concord and KW had ceased operations at Concord's Camden facility. In August 2010, the EPA conducted a site visit and discovered that the facility was devoid of employees, left in a deteriorated condition and filled with drums containing corrosive and ignitable hazardous waste. From October 2010 through March 2011, the EPA removed the hazardous substances from the facility.

On Sept. 1, 2011, the EPA requested information from Castillo in order to identify the parties responsible for EPA's removal costs. When Castillo responded to the EPA's requests, he failed to identify himself as Concord's president and CEO or KW's president and director.

The illegal storage of hazardous waste charge carries a maximum penalty of five years in prison and a $250,000 fine, or twice the gain or loss caused by the offense. Sentencing is scheduled for Sept. 10.

Shell Oil Products Required to Improve Waste Management, Pay Penalty

EPA has reached a settlement with Shell Oil Products over hazardous waste and risk management plan compliance at its crude oil refinery in Martinez, Calif. Shell Oil Products, a subsidiary of Shell Oil Company, will pay a $142,664 civil penalty and spend an estimated $220,300 to make improvements to its oil processing facility.

This action will prevent an estimated 64 tons of hazardous waste from being released to the environment every year and reduce the risk of diesel fuel spills to San Francisco Bay.

“Today’s order requires Shell Oil to make necessary enhancements to comply with federal laws and protect public health and our natural resources,” said EPA Pacific Southwest Regional Administrator Mike Stoker.

Shell Oil has also agreed to spend about $38,000 in support of emergency planning and preparedness in Contra Costa County. Shell Oil will provide the Contra Costa Health Services Hazardous Materials Programs with equipment to stop leaks from sulfur dioxide containers, personal protective equipment, and handheld particulate meters (including backup batteries and chargers), which are used to monitor air quality.

The Shell Martinez Refinery, located on Pacheco Boulevard about 2 miles east of downtown Martinez and south of the Carquinez Strait, processes about 165,000 barrels of crude oil per day. The refinery also makes asphalt, diesel, jet turbine fuel, petroleum coke, propane, residential fuel oils, and sulfur.

EPA inspected the refinery in November 2014, March 2015, and November 2016 and found:

  • Failure to immediately notify the appropriate federal, state, and local emergency planning and response agencies immediately after an accidental release in December 2013
  • Failure to determine if waste generated at the refinery was hazardous
  • Failure to follow proper procedures for managing hazardous waste
  • Failure to comply with Spill Prevention, Control, and Countermeasure rule requirements, such as using proper containers for fuel storage
  • Failure to comply with Risk Management Plan Rule requirements, such as accurately reporting an accidental release worst-case scenario. When properly implemented, risk management plans and their associated program elements help prevent and control chemical releases at facilities that store large amounts of hazardous substances or flammable chemicals. These plans are also used by EPA and other emergency responders to assess chemical risks to nearby communities and prepare for emergency responses.

Thursday, June 21, 2018

July 1 Deadline to Electronically Submit Injury and Illness Data Rapidly Approaching

OSHA’s electronic reporting rule, which took effect Jan. 1, 2017, requires certain employers (see discussion below) to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public. The amount of data submitted will vary depending on the size of company and type of industry.

OSHA has provided a secure website that offers three options for data submission. First, you have the option to manually enter data into a webform. Second, you can upload a CSV file to process single or multiple establishments at the same time. Finally, if you have an automated recordkeeping system, you can transmit data electronically via an API (application programming interface). The Injury Tracking Application (ITA) is accessible from the ITA launch page, where you are able to provide the Agency your 2017 OSHA Form 300A information. The date by which certain employers are required to submit to OSHA the information from their completed 2017 Form 300A is July 1, 2018.

The rule also prohibits employers from discouraging workers from reporting an injury or illness. The final rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation, which can be satisfied by posting the already-required OSHA workplace poster. It also clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses. These provisions become effective August 10, 2016, but OSHA has delayed their enforcement until Dec. 1, 2016.

The new reporting requirements were phased in over the past two years. The anti-retaliation provisions become effective August 10, 2016, but OSHA delayed their enforcement until Dec. 1, 2016.

Covered establishments with 250 or more employees are only required to provide their 2017 Form 300A summary data. Establishments with 20-249 employees in certain high-risk industries are required to submit information from their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2. See answers to more frequently asked questions on the rule.

Hazardous Waste Training
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 at nationwide locations, and via live webcasts. If you plan to also attend DOT hazardous materials training, call 800-537-2372 to find out how can get your course materials on a new Amazon Fire HD10 tablet.

Make One Change for Safety This National Safety Month
June is National Safety Month, an opportunity to help prevent unnecessary injuries and deaths at work, on the roads, and in our homes and communities. With this year’s theme, “No 1 Gets Hurt,” the National Institute for Occupational Safety and Health (NIOSH) has encouraged us to think of at least one change we can make to improve safety.

New Disclosure Program in NY for Chemicals in Household Cleaning Products
New York State Department of Environmental Conservation Commissioner Basil Seggos announced the release of New York's final policy and form for manufacturer disclosures under the State's Household Cleansing Product Information Disclosure Program. Introduced in Governor Cuomo's 2017 State of the State, the Household Cleansing Product Information Disclosure program requires manufacturers of cleaning products sold in New York to disclose chemical ingredients, as well as other information, on their websites. New York will be the first state in the nation to require such disclosure and the State's program goes beyond initiatives in other states by requiring the robust disclosure of byproducts and contaminants, as well as chemicals with the potential to trigger asthma in adults and children.

DEC Commissioner Basil Seggos said, "Protecting New Yorkers and the environment from harmful chemicals is of the utmost importance to the state, and Governor Cuomo is leading the nation by requiring these manufacturers to disclose information about all of the chemicals that might be found in household cleaning products, including byproducts and other impurities. The Household Cleansing Product Information Disclosure Program will help the state better understand what chemical hazards the public is exposed to, especially from products made in countries with less protective environmental laws than the United States, and reduce exposure to chemicals of concern."

Overseen by the New York State Department of Environmental Conservation (DEC), the Household Cleansing Product Information Disclosure Program requires manufacturers to disclose the name and unique chemical number of all intentionally added ingredients, including fragrances; all byproducts, such as 1,4 Dioxane, including those present in trace quantities that appear on state, national or international lists of identified chemicals of concern; and any impurity due to environmental contamination present in trace quantities that appear on such lists and are present above levels found in well-regulated public water systems located in the US.

Additional disclosures required by the program include a prominent statement regarding the nature and extent of information being withheld as confidential business information; the listing of ingredients in order of predominance by weight; a clear method of indicating that a chemical has been identified as a chemical of concern; the provision of a toll-free number to answer consumer requests for more information; and the posting of studies the manufacturer has conducted on the health and environmental effects of any of its products and ingredients.

The Household Cleansing Product Information Disclosure Program is the result of extensive discussions with a variety of stakeholders, including industry, private citizens, state agencies, and advocacy groups, as well as a lengthy public comment period. Significant changes were made to DEC's original proposal to better address concerns raised by the stakeholders. In addition to this information appearing on manufacturer websites by July 1, 2019, DEC is working with the Interstate Chemicals Clearinghouse to develop and maintain a database of links to the disclosed information for ease of consumer access. More information about the Household Cleansing Product Information Disclosure Program and the certification form can be found on DEC's website.

"We thank Governor Cuomo and the Department of Environmental Conservation for this leadership action. New York's new cleaning product ingredient disclosure program is both years in the making and incredibly timely. It will help workers and families identify which products are healthiest. Coupled with a recent law in California, it creates a strong national model and will benefit not only New Yorkers, but all Americans. We look forward to the Governor's continued leadership on product ingredient disclosure for personal care products," said Kathleen Curtis, Executive Director of Clean and Healthy New York.

It is expected that New York's approach to cleaning product ingredient disclosure will serve as an example that can be expanded into other sectors of public disclosure or mirrored by other governments.

Thursday, June 14, 2018

Beryllium Standard Compliance Dates Extended

OSHA announced a proposed rule that would extend the compliance date for certain ancillary requirements of the general industry beryllium standard to Dec. 12, 2018. This extension applies to all processes, operations, or areas where workers may be exposed to materials containing beryllium that fall under the scope of the general industry standard.

The Notice of Proposed Rulemaking (NPRM) for a Limited Extension to Select Compliance Dates for Occupational Exposure to Beryllium in General Industry was published in the Federal Register on June 1, 2018. The extension allows OSHA to complete a planned NPRM that is designed to clarify the standard and to simplify compliance. This proposal will benefit employers covered under this regulation to avoid potential confusion and ensure employers implement necessary and appropriate requirements to protect workers.

OSHA also issued a memorandum stating that the ancillary requirements that are affected by this rulemaking will not be enforced until June 25, 2018. Any provisions for which the standard already establishes compliance dates in 2019 (change room and showers) and 2020 (engineering controls) are unaffected by this rulemaking.

You may participate in this rulemaking by submitting comments during the 30-day comment period.

Chattanooga Hazardous Waste and DOT Hazardous Materials Training
Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Chattanooga, TN on June 12-14 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.

Dayton Hazardous Waste and DOT Hazardous Materials Training
Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Dayton, OH on June 26-28 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.

Raleigh Hazardous Waste and DOT Hazardous Materials Training
Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Raleigh, NC on July 10-12 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.

Proposition 65 Listing - TRIM®VX

Effective May 25, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) has added TRIM® VX to the list of chemicals known to the State of California to cause cancer for purposes of Proposition 65.

Public Health Goals for Cis- and Trans-1,2-Dichloroethylene in Drinking Water
California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced the availability of the revised draft technical support document for the proposed updates of the public health goals (PHGs) for cis- and trans-1,2-dichloroethylene in drinking water. OEHHA revised the document based on public and peer review comments. The agency has solicited comments on this second public review draft.

Washington State Rules for Construction Demolition to be Updated
Washington State’s Department of Occupational Safety and Health (DOSH) intends to conduct rulemaking to update the requirements in Chapter 296-155 WAC, Standards for Construction Work, Part S, Demolition.

DOSH will initiate this change to remove confusing and unnecessary language as well as add clarification where necessary throughout the rule to improve safety. Other housekeeping changes may be incorporated during this rulemaking.

According to the agency, initiating this rulemaking will benefit the safety and health of employer/employees working in this industry; and, improve the safety and health of Washington residents.

Stakeholder meetings will be held to gather information from parties in the construction/demolition industry interested in updating the requirements of this rule.

A stakeholder meeting is scheduled for June 21, 2018, 9:00-11:00am, to discuss potential rulemaking. No specific decisions have been made regarding the current standard. The stakeholder meeting will be held at the Labor and Industries Tukwila Service location; located at 12806 Gateway Drive South, Tukwila, Washington, 98168. The meeting will begin at 9:00 with doors opening at 8:30 for sign in.

Contact Cathy Coates with any rulemaking questions Cathy.coates@lni.wa.gov or 360-902-5432, or Erich S. Smith for technical questions about this rule: Erich.smith@lni.wa.gov or 206-515-2786.



Wednesday, June 13, 2018

$3.3 Million Penalty for Hazardous Waste Violations

California Attorney General Xavier Becerra announced a $3,318,700 settlement with Cox Communications California, LLC (Cox) and other related entities to resolve allegations that its California facilities unlawfully disposed of hazardous waste – including hazardous batteries, electronic devices, and aerosols. These acts constitute violations of California’s Hazardous Waste Control Law, and of California’s Unfair Competition Law, as such conduct gives Cox a competitive advantage over other regulated entities that are complying with the law. Cox also is alleged to have discarded customer records without rendering personal information unreadable. This settlement was the result of a partnership between the Attorney General’s Office and the Alameda County District Attorney’s Office.
“If a company wants to do business in our state, it must abide by our laws,” said Attorney General Becerra. “Unlawfully disposing of hazardous waste can lead to serious health and environmental risks. Unlawfully disposing of personal customer information can seriously jeopardize a person’s right to privacy and open the door to identity theft. The California Department of Justice will continue working with state and local agencies to prosecute those who violate our environmental and customer record laws.”
“The Alameda County District Attorney’s Office has an environmental protection unit and a consumer protection unit dedicated to ensuring that all entities abide by state laws protecting our natural resources and consumer protection laws,” said District Attorney O’Malley. “Today’s settlement marks a victory for both the environment and for the customers of Cox Communication. The legal action also serves as a warning that companies who unlawfully dispose of hazardous waste will be brought to justice.”
As part of the settlement, Cox will:
  • Pay $2,100,000 for civil penalties, $404,700 for projects furthering environmental protection, and $814,000 for reimbursement of law enforcement and investigation costs;
  • Provide $450,000 in broadcast “air time” for Public Service Announcements to educate the public on how to properly dispose of and recycle consumer hazardous waste such as batteries and electronic devices;
  • Spend at least $665,000 on environmental activities beyond those currently required by law in lieu of payment of $150,400 in additional civil penalties;
  • Conduct three external environmental compliance audits and three internal audits to review its customer records management procedures;
  • Use certified recyclers to safely recycle electronics and other recyclable materials; and
  • Be bound by a permanent injunction prohibiting similar violations of law.
The settlement and final judgment follow an extensive investigation by the Attorney General’s Office and the Alameda County District Attorney’s Office. The investigation included a series of inspections of dumpsters belonging to Cox facilities. The inspections revealed that Cox was routinely and systematically sending hazardous wastes to local landfills that were not permitted to receive those wastes. Several dumpster inspections also revealed Cox disposed of customer records containing confidential personal information. During the relevant period of the investigation, Cox operated 25 facilities in California.
Baton Rouge Hazardous Waste and DOT Hazardous Materials Training
Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Baton Rouge, LA on June 5-7 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.
Chattanooga Hazardous Waste and DOT Hazardous Materials Training
Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Chattanooga, TN on June 12-14 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.
Dayton Hazardous Waste and DOT Hazardous Materials Training
Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Dayton, OH on June 26-28 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.
DOT Wants Your Input to Improve the 2020 Emergency Response Guidbbook
To assist in the gathering of information, the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) is soliciting input from ERG users on experiences using, and concerns with, the 2012 and 2016 editions. PHMSA is interested in any comments stakeholders and users wish to provide, but are particularly looking for answers to the following questions:
  1. How can PHMSA make the ERG more user-friendly for first responders during the initial response phase of a hazardous materials transportation incident? Provide examples.
  2. Does ERG2016 effectively emphasize the most useful information for the initial response phase?
  3. Have you encountered conflicting or ambiguous guidance messages when using the ERG and other sources of technical information?
  4. Are there ways to improve the White Pages? For example: Did you find the “How to Use this Guidebook'' flow chart on page 1 of ERG2016 useful in understanding how to use the ERG? Please explain why or why not. Do you believe PHMSA should reformat the tables, charts, and the information they provide (i.e., Table of Placards, Rail Identification Chart, and Road Trailer Identification Chart)? What changes do you think would make them more useful, clear, and easy to read and use? What other identification charts should be added, if any? What other subject(s) should be addressed? How could PHMSA improve the information the ERG provides on chemical, biological, and radiological transportation incidents? Can you suggest information to include or remove? Do you find the terms in the Glossary appropriate and current? What terms should PHMSA add? What terms should be removed or changed?
  5. In ERG2016's Yellow or Blue Pages, have you found any identification number and/or material name that seems to be assigned to an incorrect Guide number? If so, please note the identification number, material name, the Guide number, and suggest a new Guide number with your reasons why.
  6. Do the Orange Guide Pages contain recommendations and responses that are appropriate to the material they are assigned to? If not, please explain and recommend a correction.
  7. How could PHMSA change/improve the introduction and description of the Green Pages, or any of the following tables? Table 1--”Initial Isolation and Protective Action Distances'' Table 2--”Water Reactive Materials Which Produce Toxic Gases'' Table 3--”Initial Isolation and Protective Action Distances for Different Quantities of Six Common TIH Gases''
  8. When calling any of the Emergency Response Telephone Numbers listed in ERG2016, have you experienced a busy telephone line, disconnection, or no response? If so, please describe.
  9. What format(s) of the ERG do you use (hardcopy, electronic, online, mobile applications, etc.), and why?
  10. How often do you use the ERG in a dangerous goods transportation emergency? In addition to the specific questions listed in this notice, PHMSA is also interested in any supporting data and analyses that will enhance the value of the comments submitted.

Monday, June 11, 2018

New Silica Rule Begins June 23rd

On June 23, OSHA's Silica Rule becomes fully enforceable and on or before the 23rd, you must have implemented a total dust control solution to combat the hazards associated with respirable crystalline silica exposure.
OSHA's standard cuts the acceptable exposure limit roughly in half to 50 μg/m3 and encourages a 75% reduction for optimal levels. The rule requires you to implement the following requirements:
  • Comprehensive exposure control plan
  • Exposure assessment
  • Engineering and work practice controls
  • Housekeeping
  • Medical surveillance and record keeping
  • Regulated areas and PPE
  • Communication of hazards

Baton Rouge Hazardous Waste and DOT Hazardous Materials Training
Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Baton Rouge, LA on June 5-7 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.
Chattanooga Hazardous Waste and DOT Hazardous Materials Training
Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Chattanooga, TN on June 12-14 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.
Dayton Hazardous Waste and DOT Hazardous Materials Training
Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Dayton, OH on June 26-28 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.
NIOSH and FDA Join Forces to Improve Premarket Process for Facepiece Respirators
In a collaborative effort to harmonize regulatory oversight of N95 filtering facepiece respirators, or N95s, the NIOSH and the FDA have joined forces to help reduce duplicative premarket processes for N95s used in healthcare settings.
On May 17, 2018, FDA published a final order in the Federal Register to exempt a subset of N95s intended for use in healthcare from premarket notification requirements subject to conditions and limitations. Upon publication of the final order, NIOSH and FDA entered into a Memorandum of Understanding (MOU) that provides a framework for efficient and coordinated regulatory oversight between FDA and NIOSH and outlines the agencies’ mutually agreed upon review process.
Subject to the conditions and limitations of exemption outlined in the final order, certain N95s will be exempt from FDA premarket notification requirements which means that manufacturers will now be able to submit a single application to NIOSH, rather than applications to both FDA and NIOSH prior to marketing their product. Previously, all N95s intended for use in healthcare needed clearance/approval from both agencies.
“The FDA action is the first step in streamlining an approval process that was redundant and burdensome,” said Maryann D’Alessandro, director of NIOSH’s National Personal Protective Technology Laboratory. “NIOSH will continue to ensure these respirators provide the expected performance levels and are safe for their intended use.”
In accordance with the MOU, NIOSH will now evaluate the manufacturer’s test data for biocompatibility, flammability, and fluid resistance for conformity to relevant standards during its approval process, tasks previously performed by the FDA.
As part of the conformity assessment process, NIOSH will conduct post-market audits that will involve tests for flammability and fluid resistance for a sample of products in accordance with the appropriate federal and consensus standards. This will ensure the products continue to conform to the approved conditions.
NIOSH will begin accepting applications to implement this process on July 2, 2018 for those manufacturers intending to submit N95 filtering facepiece respirators for approval in healthcare settings. Consistent with current practices, respirators reviewed under this process are intended to be used in accordance with Occupational Safety and Health Administration (OSHA) respiratory protection standard requirements.
NIOSH has published related research on respirator filtration on the NIOSH Science Blog and fluid resistance in the American Journal of Infection Control.
NIOSH is responsible for approval of N95s intended for occupational use. The authority is granted to NIOSH in accordance with standards established in 42 CFR Part 84. NIOSH also addresses quality assurance requirements for the manufacturing of respiratory protective equipment.
The Places in the U.S. Where Disaster Strikes Again and Again
In the last 16 years, parts of Louisiana have been struck by six hurricanes. Areas near San Diego were devastated by three particularly vicious wildfire seasons. And a town in eastern Kentucky has been pummeled by at least nine storms severe enough to warrant federal assistance. These places are part of a small fraction of the United States that has sustained most of the damage from major natural disasters, forming a pattern of destruction concentrated in particular areas.
New Studies Confirm A Surge in Coal Miner’s Disease
More coal miners in central Appalachia have suffered the advanced stages of the deadly disease black lung than previous government research has found, and more miners working in the region have earlier stages of the disease. Those are two of the findings in a bundle of studies just released, which focus on the epidemic of black lung disease first reported by NPR in 2016.
Toxic City: Botched Jobs
As part of its “Toxic City” series, the Inquirer and Daily News investigated environmental hazards in Philadelphia district schools. It found that the district can take months, even years, to address reported hazards that can make children sick — peeling lead paint, deteriorating asbestos, mold, rodent infestations, leaking roofs and pipes. This article focuses on recent issues with carbon monoxide poisoning among students at a Philadelphia school.
Calls Impersonating CSB Investigators
Law enforcement officials have become aware of a recent wave of scams where callers identify themselves as a federal officer and instruct people to provide confidential information to avoid fines. These phone calls are fraudulent. Federal agencies do not call or e-mail individuals threatening them to provide personal information or send money. If you have been contacted by someone claiming to be a representative from the CSB, please contact public@csb.gov.
You can learn about other common scams by visiting https://www.fbi.gov/scams-and-safety/common-fraud-schemes and learn about ways to reduce your risk of being scammed: http://www.fbi.gov/scams-safety/fraud/internet_fraud.
Chemical Safety Board Chair has Resigned
Three years into her five-year term as chairwoman of the Chemical Safety Board, Vanessa Allen Sutherland announced she will step down from the independent investigatory agency at the end of June. Southerland was named by President Obama in March 2015 having served as chief counsel for the Transportation Department’s Pipeline and Hazardous Materials Safety Administration. Her temporary successor will be selected by the remaining three board members, unless and until the White House nominates and the Senate confirms a new chairperson.

Chair Sutherland released the following statement, “I am saddened to leave the wonderful mission and incredible work of the CSB. This mission is unique and critically important because we are the only agency conducting independent, comprehensive root cause chemical incident investigations.  As we continue to recognize the agency’s 20th anniversary of operations, we still have much work to do to achieve our vision of a nation safe from chemical disasters. And I️ am absolutely certain that this team, and future hires, will both excel in execution and outshine our prior efforts.  I’m fortunate to have been a part of the work.”

Thursday, June 7, 2018

General Packing Requirements for Dangerous Goods Shipped by Air

To ship dangerous goods by air, you must follow the general packing requirements in Section 5.0.2 of the International Air Transport Association’s (IATA) Dangerous Goods Regulations (DGR). You must also follow the requirements that apply to each hazard class included in your shipment. For example, hazard classes 1 Explosives, 2 Gases, and 7 Radioactives have their own general packing requirements. You can locate the specific packing instructions for any dangerous good by finding the material’s proper shipping name in column B of the IATA DGR’s list of dangerous goods, and then look for the packing instruction that is referenced in columns G, I, and K.
The general packing requirements in IATA DGR section 5.0.2 include:
  • You must use good quality packaging, able to withstand loading/unloading and conditions normal to transport
  • Packages must be constructed and closed in a manner that prevents any loss of contents
  • Packages must be closed according to the manufacturer’s specifications
  • No dangerous residue can be on the outside of the package
  • The package, including absorbents and cushioning material, must be compatible with its contents
  • Packages must not be used if they are constructed of materials that can become softened, brittle, or permeable due to temperatures experienced during air transport; chemical reaction with the contents; or the use of a refrigerant
  • Wood packaging materials must conform to the International Standards for Phytosanitary Measures No. 15 (ISPM15) and EU Commission Directive 2004/102/EC
  • Packaging and closure method must take into consideration temperature and vibration extremes
  • Liquids in inner packaging must have a positive means of closure (e.g., tape, friction sleeves) or must be placed inside a leak-proof liner
  • Enough head space must be provided so that liquids do not completely fill the package at 130°F
  • Packaging for liquids must be able to withstand an internal pressure that produces the specified pressure differential in IATA DGR section 5.0.2.9 without leakage
  • Packaging for solids that may become liquid during transport must be capable of containing the substance in its liquid state
  • Different dangerous goods may be combined in a single package, as long as they are compatible; inner packaging used and the quantity limits meet those specified by each applicable packing instruction; the outer packaging used is permitted by all applicable packing instructions; and the package meets the specification performance standards for the most restrictive packing group of dangerous good contained in the packaging. A Q-value calculation may be required.
  • For combination packages (inner and outer package)
    • Cushioning must be provided between the inner and outer packages
    • Liquids must be upright and orientation arrow labels or marks must be placed on two opposite sides of the outer package
  • Outer combination packages that have been tested with different types of inner packages may contain a variety of inner packages. If an equivalent level of performance is maintained, variations of inner packaging are permitted without further package testing, as described below:
    • Fewer inner packages can be used as long as sufficient cushioning is used to fill any voids
    • Inner packagings of equivalent or smaller size can be used as long as they are similar in shape and have the same or smaller openings and similar closures to the tested inner packagings; the material of construction offers equal resistance to impact/force; sufficient cushioning material is used to fill any voids; and the inner packagings are oriented in the same manner as in the tested package
  • Outer packages must not allow dangerous evolution of heat due to friction
  • Unless authorized in the DGR, venting of packages is not permitted (for example, venting is required for shipments of dry ice)
  • Each package must be large enough to accommodate all the required marks and labels
  • Packages that contain residues of dangerous goods remain fully regulated
  • Package integrity must be maintained if wet ice is used as a coolant
  • Packaging intended for liquids must undergo leak-proofness testing
  • Plastic drums and jerricans and rigid plastic intermediate bulk containers (IBC) and composite IBCs with plastic inner receptacles may not be used if more than five years old. The date of manufacture is marked on these packages.
  • Self-reactive materials and organic peroxides must be packaged in PGII specification packaging.

The class-specific general requirements applicable to each hazard class are found at the beginning of the packing instructions for each hazard class. For example, the general requirements for Class 1 Explosives are found in section 5.1 of the IATA DGR, immediately preceding packing instruction 101; the general requirements for Class 2 Gases are found in section 5.2, immediately preceding packing instruction 200; and the general requirements for Class 7 Radioactives are found in section 10.6.
In summary, when shipping dangerous goods, you must follow the general packing requirements, the hazard-specific general requirements, as well as the materials’ packing instructions that are referenced in columns G, I, and K of the IATA DGR list. Packages that do not meet the general packing requirements and/or the hazard-specific requirements may not be used to ship dangerous goods.
Learn more about how to properly ship dangerous goods by air and meet your mandatory IATA training requirements by attending Environmental Resource Center’s IATA: How to Ship Dangerous Goods by Air – Complete Course Seminar, the IATA: How to Ship Dangerous Goods by Air – Complete Course Webcast, or the IATA Dangerous Goods Update – Webcast.
Highest Rated Environmental, Safety & Transportation Training
Environmental Resource Center has provided the highest quality environmental, safety, and transportation training for over 25 years. Our instructors bring a wide range of practical experience to the classroom, conducting seminars and live webcasts with expert knowledge, interactive exercises and a fun, relaxed atmosphere. Environmental Resource Center’s classes are available as public seminars, instructor-led webcasts, self-paced online courses, and as customized on-site sessions designed to meet your company’s individual needs.
To view a complete list of Environmental Resource Center’s top-rated courses, go to www.ercweb.com/courses.
Upcoming Seminars
Raleigh – RCRA, DOT, IATA and HAZWOPER Training – June 18-22, July 10-12, July 23-26
Special offers for Reg of the Day™ readers: Register for any of the classes listed above and you can take advantage of offers 1 and 2 or 1 and 3.
  1. Register two attendees at full price and each additional person attends the same class for half price.
  2. Save $100 off your registration when you register for both Hazardous Waste and DOT training in the same city.
  3. Register for both Hazardous Waste and DOT training in the same city and get an Amazon Fire HD 10 tablet with electronic versions of both handbooks. The Amazon Fire offer is only available by phone. Call 800-537-2372 and mention the Amazon Fire offer. Only one tablet per student per 12-month period. Students receiving tablets will not receive paper versions of our handbooks. Payment must be made prior to the date of the seminar. You will receive your tablet at the class. This offer can be combined with offer #1, but cannot be combined with offer #2 above, or any discounts, promotions, or refunds.
  
Only one tablet per student per 12-month period. Students receiving tablets will not receive paper versions of our handbooks. Payment must be made prior to the date of the seminar. You will receive your tablet at the class. This offer can be combined with offer #1, but cannot be combined with offer #2 above, or any discounts, promotions, or refunds.
Eligible government organizations and agencies: Call Environmental Resource Center for GSA discounts.
Live Webcast Training You Can’t Afford to Miss
Environmental Resource Center’s live instructor-led webcast training is the best way to get the training you need—without leaving your office. Stay up-to-date with the latest regulations that can impact your facility and get your site-specific questions answered by our experienced, expert instructors.
Webcast special offer:
  • Register two attendees at full price and each additional person attends the same class for half price.

Online Training – At Your Convenience
Learn when it’s convenient for you. Environmental Resource Center’s self-paced online training makes it easy to learn how to comply with the latest regulations that can impact your facility, and meet your training requirements in our no-sweat online courses:


Customized Training
All of Environmental Resource Center’s top-rated training can be customized for your site. Site-specific training is an efficient and economical way to train your employees, reducing time away from the job and travel costs.
Environmental Resource Center® will focus the scope of the training to meet your site-specific requirements, and deliver the training—at your site or as a live instructor-led or web-based session—whenever you need it.

For details or to request a quote for site-specific training, call 800-537-2372, email service@ercweb.com, or complete a training request form online.