EHS Agency COVID-19 Guidance

Environmental, health and safety regulatory agencies are issuing guidance related to protecting employees and dealing with regulatory challenges associated with the COVID-19 pandemic. Some agencies are offering regulatory relief, compliance extensions and/or decreased enforcement actions due to this unprecedented situation. Many are updating contact information and methods for fulfilling regulatory obligations through electronic filings. In an effort to assist the regulated community, VBA Compliance Assurance has developed this list of consolidated links to EHS agency COVID-19 responses.

Federal Environmental

Federal Safety

Federal Transportation

State Environmental

State Safety

We sincerely hope this list is a helpful resource for industries navigating this difficult time. If you know of any other links or guidance documents that you think would be helpful to include, please email the information to [email protected].

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Changes to Emission Estimations for Liquid Storage Tanks

AP-42 is the primary compilation of EPA’s emissions factor information and contains emissions factors and process information for more than 200 air pollution source categories. It is used by facilities as a source of emission factors when determining air emissions where site-specific emission factors through methods such as source testing are not available. Accurate determination of air emissions is required to identify facility source classifications and air permit requirements and when performing actual emissions calculations and emissions reporting.

In November 2019, the EPA published a revision to AP-42 Chapter 7, Section 7.1 – Organic Liquid Storage Tanks, which presents models for estimating volatile organic compound (VOC) emissions and, depending on material stored, speciated toxic or hazardous compound emissions. The emission estimation equations have been developed and updated by the American Petroleum Institute (API).

This emissions estimation reference replaces EPA’s TANKS Emissions Estimation Software (most recent version 4.09D, August 2012), which was developed on software that is now outdated. EPA has discontinued support for TANKS and recommends use of the AP-42 Chapter 7, Section 7.1 emissions equations.

Changes in the November 2019 revision of AP-42 Ch. 7.1 include:

  • The use of average vapor temperature rather than average liquid surface temperature when calculating stock vapor density,
  • New equations for partially insulated tanks,
  • Working loss equations based on net working height rather than maximum liquid height,
  • Working loss throughput calculated as a function of cumulative increases in liquid level,
  • Updated Antoine’s constants for selected petrochemicals (Table 7.1-3),
  • Updated values for paint solar absorptance (Table 7.1-6), and
  • Updated meteorological data for selected US locations (Table 7.1-7).

State environmental agencies have begun requiring use of the November 2019 revision to AP-42 Ch. 7.1 for calculating emissions from organic liquid storage tanks. For example:

  • TCEQ required air permit applications relying on AP-42 factors to use the updated emission factors beginning on December 16, 2019; and
  • As of February 20, 2020, LDEQ will no longer accept air permit applications that rely on TANKS and air permit applications must use the November 2019 version of AP-42, Ch. 7.1.

VBA Compliance Assurance can assist you with updating your air emissions calculations and air permit determinations using the new AP-42 Ch. 7.1 emissions estimation techniques. If you need assistance with air permitting and/or air emissions reporting, contact a VBA professional.

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Aerosol Cans Added to Universal Waste Rule

The Environmental Protection Agency (EPA) added hazardous waste aerosol cans to the universal waste program. The universal waste regulations allow an alternative management option for hazardous wastes designated as universal wastes, provided the requirements for management as a universal waste are met. This reduces the regulatory burden for management of these wastes, and the wastes do not have to be counted toward a facility’s hazardous waste generator status when managed in compliance with universal waste regulations.

The final rule becomes effective February 7, 2020 within the states for which EPA is the RCRA authority. If a state agency is the RCRA authority rather than EPA, the state agency must adopt these new regulations for them to be applicable within that state.

Under the rule, an aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas. The rule does not apply to the following types of aerosol cans:

  • Not yet considered a waste (an aerosol can becomes a waste on either the date it is discarded for used cans or the date a person decides to discard it for unused cans);
  • Not classified as a hazardous waste; and
  • Meets the standard for empty containers under 40 CFR 261.7.

Generally, handlers of universal waste aerosol cans must manage the waste in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

  • Universal waste aerosol cans must be accumulated in a container that is:
    • structurally sound;
    • compatible with the contents of the aerosol cans;
    • lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; is protected from sources of heat; and
    • Is labeled or marked clearly with any of the following phrases: ‘‘Universal Waste—Aerosol Can(s),’’ ‘‘Waste Aerosol Can(s),’’ or ‘‘Used Aerosol Can(s)’’;
  • Universal waste aerosol cans that show evidence of leakage must be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained; and
  • As long as each aerosol can is not breached and remains intact, a handler may:
    • Sort aerosol cans by type;
    • Mix intact cans in one container; and
    • Remove actuators to reduce the risk of accidental release.

A handler that punctures and drains aerosol cans under the universal waste program must recycle the empty punctured aerosol cans and meet the following requirements:

  1. Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions;
  2. Establish and follow a written procedure detailing how to safely puncture and drain the universal waste aerosol cans:
    • Must include proper assembly, operation and maintenance of the unit, segregation of incompatible wastes, and proper waste management practices to prevent fires or releases;
    • Must maintain a copy of the manufacturer’s specification and instruction on site; and
    • Must ensure employees operating the device are trained in the proper procedures;
  3. Ensure that puncturing of the can is done in a manner designed to prevent fires and to prevent the release of any component of universal waste to the environment:
    • Includes locating the equipment on a solid, flat surface in a well-ventilated area;
  4. Immediately transfer the contents from the waste aerosol can or puncturing device, if applicable, to a container or tank that meets the applicable requirements for hazardous waste containers;
  5. Conduct a hazardous waste determination on the contents of the emptied aerosol can and manage that material in accordance with the applicable hazardous waste regulations for the facility’s hazardous waste generator status;
    • If the contents are determined to be nonhazardous, the handler may manage the waste in any way that is in compliance with applicable Federal, state, or local solid waste regulations; and
  6. Establish and follow a written procedure in the event of a spill or leak and a spill clean-up kit must be provided:
    • All spills or leaks of the contents of the aerosol cans must be cleaned up promptly.

If you need assistance with determining EHS applicability, determining hazardous waste management requirements, or complying with the requirements of universal waste regulations, contact a VBA professional.

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First California Cleaning Product Right to Know Act Deadline Approaching

The first compliance deadline under the California Health and Safety Code Cleaning Product Right to Know Act of 2017 (the Act) is January 1, 2020, and manufacturers of applicable products must be in compliance to continue selling their products in California.

The Act is intended to provide consumers and workers with ingredient information about designated products. It requires manufacturers of specified cleaning products, including those manufactured for use by household, institutional or commercial consumers, to disclose ingredient information on the product label and the manufacturer’s website.

The following types of chemically formulated consumer products are considered designated products under the Act, if not exempted:

  • Air care products – eliminates odors or freshens the air
  • Automotive products – maintains the appearance of a motor vehicle (washing, waxing, polishing, cleaning or surface treatment)
  • General cleaning product – soap, detergent or other product the purpose of which is to clean, disinfect, or otherwise care for fabric, dishes, or other wares; surfaces including, but not limited to, floors, furniture, countertops, showers, and baths; or other hard surfaces, such as stovetops, microwaves, and other appliances
  • Polish or floor maintenance product – product meant to polish, protect, buff, condition or temporarily seal or maintain furniture, floors, metal, leather or other surfaces

Upcoming deadlines include:

  1. January 1, 2020 – beginning on this date and continuing after, manufacturers must post for public access online disclosures of intentionally added ingredients, fragrance ingredients, or nonfunctional constituents (as defined in the ACT)
  2. January 1, 2021 – beginning on this date and continuing after, manufacturers must disclose specific information on the label related to ingredients and constituents within the product, company toll-free number and website address, and additional statement if all ingredient information isn’t included on the label
  3. January 1, 2023 – beginning on this date and continuing after, Proposition 65 ingredients must be included on the ingredient list

For any designated product manufactured before one of the above compliance dates, the product labeling and online posting information does not apply as long as each product is marked with the day, month and year of manufacture of the product or a date code combined with a toll-free phone number for obtaining date of manufacture.

Information that must be posted on the manufacturer website for each designated product by January 1, 2020 generally includes:

  • A list of intentionally added ingredients, including specific information for fragrance ingredients or allergens;
  • A list of all nonfunctional constituents in the designated product at a concentration at or above 0.01 percent (100 parts per million);
  • The Chemical Abstracts Service (CAS) chemical identification number for all listed chemicals;
  • The functional purpose served by each intentionally added ingredient;
  • Electronic links to government information websites for chemicals contained in an array of lists known in the Act as “designated list”; and
  • Links to the Safety Data Sheet (SDS) for each product.

The information that must be disclosed is based on chemical traits and hazards within 22 chemical lists and any subsequent revisions, referred to and published in the Act as the “designated list”. The online information must be updated no later than six months and product label information updated no later than 18 months after the adoption of a revision to any of the lists that are designated.

VBA Compliance Assurance can assist you with your EHS compliance needs. Contact VBA if you need assistance determining if the requirements of the Act apply to your company and, if so, which products are subject to required disclosures.

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OSHA’s Hazard Communication Standard and Upcoming Changes

OSHA’s Spring 2019 regulatory agenda indicated that the notice of proposed rulemaking (NPRM) for updating the Hazard Communication Standard (HCS), 29 CFR 1910.1200, to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) Version 7 is expected in December 2019. The 2012 update of the HCS was based on GHS Version 3, so facilities can expect numerous changes to the HCS to align with GHS Versions 4 – 7 and to codify enforcement policies that have been issued by OSHA since the issuance of HCS 2012.

Examples of changes to the GHS since HCS 2012 that may (or may not) be incorporated into the amended HCS include:

  • New physical hazard categories;
  • Clarification of criteria to assist in the hazard classification processes;
  • New test methods for oxidizing solids;
  • Provisions meant to clarify the criteria for some hazard classes for determining if a chemical is within that hazard class;
  • Revised and simplified classification and labeling summary tables;
  • New codification system for hazard pictograms;
  • New hazard class for desensitized explosives, unstable gases and non-flammable aerosols;
  • New hazard category for pyrophoric gases;
  • Changes to categories for flammable gases;
  • Additional information to be included in Section 9 and Section 14 of safety data sheets (SDSs); and
  • Updates to some health hazard class definitions for clarity.

The HCS has been #2 on OSHA’s Top Ten list for most violated standards for the last five years, and that is not likely to change with the pending updates to the HCS. This may lead companies to try to get a jump start on complying with the new requirements in advance of the rulemaking, but this should be avoided. OSHA has not indicated which elements of the updated GHS it will adopt, and making changes on what might occur could cause noncompliance with the current HCS. Manufacturers and importers cannot begin making changes to SDSs and container labels until the new rule is finalized, since rule modifications regarding hazard classifications and labeling are still unknown. If the 2012 update to the HCS is any indication, the final rule will be issued with a timeline of compliance that will give a significant amount of time for companies to achieve compliance with the amended HCS.

So, what can you do now to prepare for the HCS changes? The key is to ensure compliance with the current HCS prior to issuance of the amended HCS. Manufacturers and importers can review hazard classifications, SDSs, and container labels to make sure they are compliant with current requirements. Employers that are end users of chemicals can perform the below steps to verify compliance with HCS 2012:

  1. Review your chemical inventory to ensure all facility chemicals are included and are listed in a manner that allows easy cross-reference to the correct SDS;
  2. Review SDSs to make sure you have an SDS for all chemicals located at your facility;
  3. Review SDSs to make sure they are the most current version issued by the manufacturer;
  4. Obtain SDSs for any chemical without an SDS or for chemicals with outdated SDSs;
  5. Check systems and procedures to make sure all employees have ready access to SDSs, including in the event of a power failure if SDS access is electronic;
  6. Check systems and procedures to make sure they are effective in managing hazard communication requirements for contract workers and temporary employees;
  7. Review workplace container labels to make sure that all required information is depicted on labels and that labels meet requirements for durability, legibility and visibility;
  8. Review your Hazard Communication Plan (HCP) to make sure that all OSHA-required elements are addressed in the HCP;
  9. Review your HCP to make sure that it accurately reflects facility operations and chemicals, and that it is being implemented as required; and
  10. Review training programs to make sure all required training elements are included, that the training is adequate and appropriate to the hazards that exist at the facility, and that all employees have received the required training.

Employee safety is one of the top priorities of the HCS, and your compliance with the HCS helps ensure employees are aware of the hazards to which they may be exposed and how to protect themselves from those hazards. If you need assistance ensuring the safety of your employees or completing any of the above steps, contact VBA Compliance Assurance. Our safety professionals can review your hazard communication program, chemical management and OSHA compliance and help you implement any necessary measures to support continued safety compliance.

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OSHA’s New Fit Testing Protocols

OSHA issued a final rule on September 25, 2019 that adds two new fit testing protocols that can be used by employers when performing employee respirator fit tests. The new protocols are classified as quantitative fit tests, and include:

  1. Modified ambient aerosol condensation nuclei counter (CNC) protocol for full-facepiece and half-mask elastomeric respirators
  2. Modified ambient aerosol CNC protocol for filtering facepiece respirators

OSHA states that both protocols are variations of the original OSHA-approved ambient aerosol CNC protocol, but have fewer test exercises, shorter exercise duration, and a more streamlined sampling sequence. The new protocols are meant to provide additional flexibility to employers that have employees subject to a respiratory protection program. Employers are not obligated to use them and may continue to use any of the four existing fit testing protocols.

All fit testing protocols can be found in the mandatory 29 CFR 1910.134 Appendix A of OSHA’s Respiratory Protection Standard.

Contact VBA Compliance Assurance if you need assistance with respiratory protection programs, employee safety, or OSHA compliance.

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Final Methylene Chloride Rule Compliance Guide

The Environmental Protection Agency (EPA) issued a final rule on May 15, 2019 that prohibits the manufacture (including import), processing, and distribution of methylene chloride in all paint and coating removers for consumer use. The rule also requires manufacturers (including importers), processors, and distributors, except for retailers, of methylene chloride for any use to provide downstream notification of the prohibitions throughout the supply chain; and requires limited recordkeeping.

These requirements for downstream notification and recordkeeping went into effect on August 26, 2019. The requirements that prohibit the manufacturing (including importing), processing, or distributing methylene chloride for use in consumer paints and coating removal become effective on November 22, 2019.

To help methylene chloride processors and distributors comply with the requirements, EPA has issued a compliance guide that includes:

  • A summary of the requirements of the final rule meant to address unreasonable risks from use of methylene chloride,
  • Definition of key terms,
  • Identification of regulated entities,
  • Description of required and/or prohibited activities, and
  • Summary of downstream notification and recordkeeping requirements.

Notification requirements include exact means of notification and text that must be provided to downstream entities. Recordkeeping requirements include records related to the downstream notifications provided, amounts of methylene chloride shipped and to whom the methylene chloride was shipped.

VBA Compliance can assist your facility in identifying the applicable requirements of the methylene chloride rule and developing or updating environmental management systems to address these new requirements. If you need assistance with EHS compliance assessments, determining EHS applicability or implementing EHS compliance programs, contact VBA today.

 

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State Adoption of EPA’s Hazardous Waste Generator Improvements Rule (HWGIR)

On November 28, 2016, EPA issued the final Hazardous Waste Generator Improvements Rule (HWGIR), which includes updates and revisions to hazardous waste and associated regulations promulgated at 40 CFR 257 – 279. The majority of the modifications that impact hazardous waste generators, including waste classification, generator category determination, and waste management, are located at 40 CFR 260 – 262.  States that are authorized by EPA to implement the Resource Conservation and Recovery Act (RCRA) are required to adopt those Federal provisions that are more stringent than the states’ current RCRA generator regulations in order to retain their authorized status.

The below list summarizes the states with RCRA-authorization in which the EPA HWGIR is in effect as of July 24, 2019, and examples of regulatory citations and associated requirements that are more stringent than EPA’s regulations.

Contact VBA Compliance Assurance if you need assistance with hazardous waste compliance.

Alabama Department of Environmental Management (ADEM), 4/6/2018         

  • ADEM Admin. Code r. 335-14-3-.08 – Waste destined for disposal in a commercial hazardous waste disposal facility located in the State of Alabama must have prior approval for disposal.
  • ADEM Admin. Code r. 335-14-3-.01(4)(d) – Very small quantity generators (VSQG) that have voluntarily obtained an EPA ID number are required to submit ADEM Form 8700-12 annually or deactivate the number by formally notifying the Department.
  • ADEM Admin. Code r. 335-14-3-.01(6)(b)2.(iv) and (7)(a)1.(v) – All small quantity generators (SQGs) and large quantity generators (LQGs) must record inspections in an inspection log or summary that includes minimum required elements and are kept for three years from date of inspection.
  • ADEM Admin. Code r. 335-14-3-.01(6)(b)10. – Requires specific, documented hazardous waste training for SQGs.
  • ADEM Admin. Code r. 335-14-3-.01(7)(a)1.(iv) – Containers having a capacity greater than 30 gallons must not be stacked over two containers high.
  • ADEM Admin. Code r. 335-14-3-.01(7)(a)10. – Requires specific site security measures to prevent unknowing and unauthorized entry of persons or livestock into the central accumulation area.
  • ADEM Admin. Code r. 335-14-3-.01(8)(d) – Requires SQGs, LQGs, and VSQGs that optionally obtain an EPA ID number to file annual ADEM Form 8700-12 report and fees (including all appropriate attachment pages and fees) reflecting current waste activities to the Department annually.

Arizona Department of Environmental Quality (ADEQ), 3/1/2019           

  • R18-8-262.F(C) – Requires reporting to the NRC and ADEQ when a spill has discharged into a storm sewer or dry well, or such an event has resulted in any other discharge that may reach groundwater.
  • R18-8-262.G – Hazardous waste inspections must be documented in a written log that is maintained for three years from the date of the inspection.

Colorado Department of Public Health and Environment (CDPHE), 6/30/2018      

  • 6 CCR 1007-3-262.9 – Requires payment of annual fees to CDPHE.
  • 6 CCR 1007-3-262.13(f)(1)(iii) and (iv) – Specifies that characteristic hazardous waste generated by a VSQG and mixed with the VSQG-generated used oil is a hazardous waste if the resulting mixture exhibits any hazardous waste characteristic, and that mixtures of used oil and listed hazardous waste generated by a VSQG must be managed as hazardous waste. The VSQG must count both the resultant mixture amount plus all other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the VSQG calendar month quantity limits.
  • 6 CCR 1007-3-262.14(d) – Requires VSQGs to comply with the same requirements as SQGs for maintaining and operating the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents.
  • 6 CCR 1007-3-262.15(a)(4) – Allows the temporary venting of a container holding hazardous waste only on a case-by-case basis with prior written approval from the Department.
  • 6 CCR 1007-3-262.15(a)(6) – Requires satellite accumulation areas to comply with the requirements of central accumulation areas within 24 hours of exceeding the allowed satellite accumulation area thresholds.
  • 6 CCR 1007-3-262.15(a)(9) – Requires all satellite accumulation areas operated by SQGs or LQGs to be inspected at least weekly.
  • 6 CCR 1007-3-262.15(a)(10) – Requires hazardous waste training of employees in order to utilize the satellite accumulation area exemption.
  • 6 CCR 1007-3-262.16(b)(2)(iv) and 262.17(a)(1)(v) – Includes specific inspection requirements and elements to be inspected for all hazardous waste storage areas.
  • 6 CCR 1007-3-262.16(b)(9) – Requires documented training for employees of SQGs.

Florida Department of Environmental Protection (FDEP), 6/18/2018

  • FAC 62-730.030(2) – Requires VSQGs to document delivery of hazardous waste through written receipts and other records maintained for at least three years.
  • FAC 62-730.030(3) – VSQGs must maintain documentation of any hazardous waste claimed to be exempt from regulation because it was generated by or disposed of by a VSQG, including written records detailing the quantities of HW generated by the VSQG, and the method and location of disposal of such hazardous waste.
  • FAC 62-701.300(4) – Hazardous waste may not be sent to Florida solid waste landfills or incinerators for disposal.
  • FAC 62-730.160(3) – Requires SQGs and LQGs to maintain specific documentation of central accumulation area inspections for at least three years from the date of the inspection.
  • FAC 62-730.160(4) – Requires SQGs and LQGs to maintain adequate aisle space between containers of hazardous waste to allow for inspection of the condition and labels of the individual containers.

Georgia Environmental Protection Division (EPD), 9/28/2017

  • Rule 391-3-11-.08 (3) – Requires weekly inspections of hazardous waste central accumulation areas to be documented and maintained onsite for three years from date of inspection.

Hawaii Department of Health (DOH), 9/30/2018

  • HAR 11-262.16(b)(2)(iv) and .17(a)(1)(v) – Requires SQGs and LQGs to document specific elements of weekly inspections of central accumulation areas and retain inspection records for at least three years from the date of inspection.

Idaho Department of Environmental Quality (IDEQ), 3/28/2018

  • IDAPA 58.01.05.005 and 006 – Emergency notifications must also be made to IDEQ and/or Idaho Office of Emergency Management.

Illinois Environmental Protection Agency (IEPA), 11/19/2018

  • 35 IAC 720 – 722 – Essentially the same as the federal rules.

Kentucky Energy and Environmental Cabinet (KEEC), 12/7/2017

  • 401 KAR 39:060 Section 3(4) – Lists substances that are considered state-only hazardous wastes.
  • 401 KAR 39:060 Section 6(1) – Requires releases or threatened releases of a hazardous substance to be reported to KEEC.
  • 401 KAR 39:080 Section 1(3) – Requires generators to resubmit the hazardous waste registration to KEEC at least 45 days prior to expiration shown on certificate of registration.
  • 401 KAR 39:080 Section 1(6) – Generators must request to be removed from the Hazardous Waste Handler List within 90 days of last generation of hazardous waste.
  • 401 KAR 39:080 Section 1(7) – Hazardous waste generators may only treat on-site in tanks, containers, containment buildings, and on drip pads, if requirements are met, including notification to KEEC of the intent to treat hazardous waste and receipt of written approval from KEEC.
  • 401 KAR 39:080 Section 1(8) – Requires SQGs and LQGs to submit annual Hazardous Waste Reports.
  • 401 KAR 39:080 Section 1(10)(b) – Requires VSQGs to notify and register with the KEEC before treating hazardous waste.

Mississippi Department of Environmental Quality (MDEQ), 6/25/2018

  • MAC Rule 11-3-1.4 – Requires SQGs and LQGs to submit an annual report to MDEQ.

New Jersey Department of Environmental Protection (NJDEP), 5/30/2017

  • NJAC 7:26G-3.2 and 3.3 – Generators are required to pay fees to NJDEP within thirty days of the bill date.
  • NJAC 7:26G-6.1(b)4 – Generators are only allowed to use a hazardous waste transporter that is licensed and registered with NJDEP and that displays current registration number.

New Mexico Environment Department (NMED), 1/21/2018

  • NMAC 20.4.3.200 – Requires payment of annual generator fees to NMED.
  • NMAC 20.4.1.101.D – Requires emergency situations associated with hazardous waste be reported to the New Mexico 24-hour emergency response number.

North Carolina Department of Environmental Quality (NCDEQ), 3/1/2018

  • 15A NCAC 13A.0107(a) and 15A NCAC 13A.0107(i) – Requires SQGs and LQGs to maintain aisle space of at least two feet in a central accumulation area to allow the unobstructed movement of personnel, fire prevention equipment, spill control equipment, and decontamination equipment.
  • 15A NCAC 13A.0107(d) – Requires SQGs and LQGs to keep records of central accumulation area inspections for three years from the date of the inspection.
  • NCGS 130A-294.1(f) – Requires payment of annual generator fees to NCDEQ.

Oklahoma Department of Environmental Quality (ODEQ), 9/15/2018

  • OAC 252:205-5-1 – Requires LQGs to file a disposal plan for disposal of hazardous waste in Oklahoma.
  • OAC 252:205-5-3 and 5 – Requires LQGs to file quarterly hazardous waste reports, including copies of manifests.
  • OAC 252:205-13-1 – Must report releases of hazardous waste to ODEQ.

Pennsylvania Department of Environmental Protection (PDEP), 5/30/2017

  • 25 Pa Code 261a.3(b) – Requires that, when it is not promptly possible to determine if a material will be a hazardous waste, the material must be managed as a hazardous waste until the determination is made that indicates it is not a hazardous waste.
  • 25 Pa Code 261a.5(b) – A VSQG may not dispose of hazardous waste in a municipal or residual waste landfill in this Commonwealth.
  • 25 Pa Code 262a.12(1) – Generators must submit subsequent generator notifications to the PDEP if any of the listed conditions occur.
  • 25 Pa Code 262a.12(2) – Generators may only use a transporter with a valid license issued by the PDEP.
  • 25 Pa Code 262a.43 – Discharges/spills of hazardous waste must be reported to PDEP.
  • 25 Pa Code 262a.100 – Requires LQGs to prepare and implement a source reduction strategy.

South Carolina Department of Health and Environmental Control (SCDHEC), 5/24/2019

  • SCCR 61-79.262.A.12 – All generators of hazardous waste must notify SCDHEC of waste generation activities and update the notification within 30 days of a change.
  • SCCR 61-79.262.A.13 and 61-107.279.B.10 – Mixtures of hazardous waste and used oil must be treated as hazardous waste if the hazardous waste is listed or if the resultant mixture exhibits a characteristic of a hazardous waste.
  • SCCR 61-79.262.D.41 – Requires LQGs to submit quarterly hazardous waste reports to SCDHEC.
  • SCCR 61-79.262.D.44 – Requires SQGs to submit an annual declaration of generator status and compliance.

Utah Department of Environmental Quality (UDEQ), 8/31/2017

  • UAC R315-262-16(b)(9) and 17(a)(6), UACR315-262-265(d)(2) and (i) – Releases or threatened releases of hazardous wastes, fires, or explosions must be reported to UDEQ.

Virginia Department of Environmental Quality (VDEQ), 4/8/2018

  • 9 VAC 20-60-262.B.4 – Requires LQGs to notify VDEQ and document in the operating record that the LQG intends to accumulate hazardous waste prior to or immediately upon the establishment of each 90-day accumulation area. This notification can be made through the filing of the Notification of Hazardous Waste Activity EPA Form 8700-12, which must specify the exact location of the 90-day accumulation area at the site.
  • 9 VAC 20-60-262.B.5 – Management of hazardous wastes must comply with the Regulations Governing the Transportation of Hazardous Materials (9 VAC 20-110), including packaging and labeling for transport.
  • 9 VAC 20-60-262.B.6 – Generators may not use hazardous waste transporters that have not received an EPA identification number and may not send hazardous waste to a facility that has not received a permit and an EPA identification number.
  • 9 VAC 20-60-262.B.8 – LQGs must pay an annual hazardous waste fee.
  • 9 VAC 20-60-262.B.12 – Hazardous waste generated by a VSQG may only be managed by a solid waste disposal unit unless such waste management is in full compliance with all requirements of the Solid Waste Management Regulations (9 VAC 20-81).

Washington Department of Ecology (WDOE), 4/28/2018

  • WAC 173-303-040 – Defines accumulation of dangerous waste as a form of storage.
  • WAC 173-303-040 – Defines weekly inspection to mean at least once during the period from Sunday to Saturday.
  • WAC 173-303-060 – Generators must notify and register with WDOE through use of the Dangerous Waste Site Identification Form.
  • WAC 173-303-060(2) – Prohibits existing EPA/state ID numbers from being transferred to a new company location.
  • WAC 173-303-060(5) – Requires dangerous waste generators to submit an annual report.
  • WAC 173-303-070(1)(b) – Requires any solid waste discovered on-site to undergo an accurate determination if the waste is a dangerous waste.
  • WAC 173-303-070(3)(a) – The dangerous waste designation for each solid waste must begin promptly at the point of waste generation or discovery.
  • WAC 173-303-100(4) and 169 – Lists the dangerous waste quantity exclusion limits that apply to exemptions.
  • WAC 173-303-104 – Lists state-specific dangerous waste numbers.
  • WAC 173-303-145 – Includes specific notification requirements for spills or discharges of dangerous waste, and mitigation and control requirements that must be implemented.
  • WAC 173-303-150 – Prohibits division and/or dilution of dangerous waste to meet exclusion limits or a lower generator status.
  • WAC 173-303-169 – Specifies dangerous waste generator categories as SQG, medium quantity generator (MQG) and LQG.
  • WAC 173-303-172 and 200(7) – Includes state-specific container labeling requirements that specify criteria for labeling such as height, legibility and hazard description.
  • WAC 173-303-172(5)(c) and 200(3)(d) – Requires MQG and LQG containers to be stored with 30 inches of aisle space separation between rows and no more than two rows wide for unobstructed inspection of each container.
  • WAC 173-303-172(5)(d) and 200(3)(d) – Requires MQGs and LQGs to document weekly inspections of central accumulation areas, including specific elements, with documentation kept for at least five years from the date of inspection.
  • WAC 173-303-172(5)(e) and 200(3)(e) – Requires MQG and LQG central accumulation areas to have secondary containment.
  • WAC 173-303-172(13) and 200(10) – Requires additional general facility inspection requirements for container storage areas to prevent malfunctions and deterioration, operator errors, and discharges which may cause or lead to the release of dangerous waste constituents to the environment, or a threat to human health.
  • WAC 173-303-170(2)(a)(i)(D) – Requires SQGs to file an annual dangerous waste report only if the SQG has a RCRA site ID.

West Virginia Department of Environmental Protection (WVDEP), 6/1/2018

  • Va CSR 33-20-4 – All generators, including VSQGs, are required to file notification of hazardous waste activity with WVDEP.
  • Va CSR 33-24 – All generators, including VSQGs, must pay an annual hazardous waste management fee.

Wyoming Department of Environmental Quality (WDEQ), 5/2019

  • 0003.1 Wyo Code R 261(b) – Specifies when recycling activity is considered to be a “sham recycling activity” and how that hazardous waste must be managed.
  • 0003.1 Wyo Code R 262(a)(v) – Releases or threatened releases must be reported to WDEQ.
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OSHA Issues Revised Standards

Under the Standards Improvement Project (SIP) Phase IV, OSHA has revised requirements in promulgated safety and health standards to remove or revise outdated, duplicative, unnecessary and inconsistent requirements. OSHA has stated that the amendments are meant to reduce regulatory burden while maintaining or enhancing worker safety and health and improving privacy protections.

The changes impact numerous standards and become effective on July 15, 2019. Changes generally include:

  • An update to the consensus standard incorporated by reference for signs and devices used to protect workers near automobile traffic;
  • A revision to the requirements for roll-over protective structures to comply with current consensus standards;
  • Updates for storage of digital x-rays;
  • Updates to the approved method for calling emergency services to allow for use of current technology;
  • A reduction to the number of necessary employee x-rays;
  • Updates to requirements for pulmonary function testing; and
  • Removing from the standards the requirements that employers include an employee’s social security number (SSN) on exposure monitoring, medical surveillance, and other records.

More specifically, the following changes are included in the Recordkeeping, General Industry, Maritime and Construction Standards:

Recordkeeping

  • Inserts a cross-reference to 29 CFR 1904.5 within the regulations at 29 CFR 1904.10(b)(6) to emphasize the pre-existing requirement regarding when a hearing loss case must be determined to be work-related
  • Removes the requirement to include an employee’s SSN from 19 standards that required its inclusion
  • Modifies recordkeeping forms required by several standards to include a combined race and ethnicity format

General Industry; Toxic and Hazardous Substances

  • Removes the requirement in the inorganic arsenic, coke oven emissions and acrylonitrile standards that employers provide periodic chest X-rays to screen for lung cancer
    • Baseline chest X-rays are still required
    • Periodic chest X-rays are still required in standards where the chest X-ray is used for purposes other than screening for lung cancer (e.g., screening for asbestosis)
  • Allows the use of digital radiography and other reasonably-sized standard films for X-rays in the inorganic arsenic, coke oven emissions, acrylonitrile, asbestos and cadmium standards
  • Updates the lung-function testing requirements of the cotton-dust standard to align with current practices and technology
  • Updates terminology and references to incorporated guidelines

Construction Standard; Medical Services and First Aid

  • Updates the 911 service-posting requirements to be consistent with the current status of land-line and wireless-telephone technologies, including posting location-identification information to effectively communicate the location of the worksite if in an area without automatic-location capability, and requiring employers to ensure communication system used to contact ambulance service is effective

Construction Standard; Gases, Vapors, Fumes, Dusts and Mists

  • Updates terminology used to describe permissible exposure limits and to modify language to remove confusion and align with regulatory and consensus standards

Construction Standard; Process Safety Management

  • Replaces the entire regulatory text of 29 CFR 1926.64 with a cross-reference to the identical General Industry Process Safety Management Standard at 29 CFR 1910.119.

Construction Standard; Personal Protective and Life Saving Equipment, Safety Belts, Lifelines and Lanyards

  • Revises the minimum breaking-strength requirement for lifelines from 5,400 pounds to 5,000 pounds

Construction Standard; Signs, Signals and Barricades

  • Updates incorporations by reference to current versions of accepted national standards

Construction Standard; Materials Handling, Storage, Use and Disposal; General Requirements for Storage

  • Revisions to exclude residential construction from the requirement to post maximum safe load limits of floors used for storage, but safe load limits must still be met

Construction Standard; Underground Construction, Caissons, Cofferdams and Compressed Air; Underground Construction

  • Updates the regulatory language to cross-reference the correct MSHA standard

Construction Standard; Rollover Protective Structures; Overhead Protection

  • Removes provisions that specified test procedures and performance requirements and replaces with the references to the consensus standards from which they were derived

Construction Standard; Toxic and Hazardous Substances; Coke Oven Emissions

  • Deletes these requirements from the Construction Standard

 

Additional modifications that were included in the proposed rulemaking are not being promulgated at this time, such as modifications to the General Industry General Environmental Controls, Control of Hazardous Energy (Lockout/Tagout) and Construction Standard PPE Fit requirements.

The modifications, including response to comments, can be found here:

https://www.osha.gov/news/newsreleases/trade/05132019

https://www.osha.gov/laws-regs/federalregister/2019-05-14

 

VBA professionals are adept at identifying health and safety compliance obligations and assisting facilities in achieving compliance. If you need assistance meeting health and safety obligations, contact VBA today.

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TSCA Inventory of Active Substances

The February 2019 update to the Toxic Substances and Control Act (TSCA) Inventory has been published by the Environmental Protection Agency (EPA). Key points to consider when reviewing this update to the TSCA Inventory include the following:

  • This version of the TSCA Inventory includes the updated commercial activity status designating chemical substances as “active”;
  • If a chemical substance on the TSCA Inventory is not designated as “active”, it is considered “inactive”;
  • Companies must adhere to additional reporting requirements prior to manufacturing (including importing) or processing an inactive chemical substance; and
  • Chemical substances not listed as active or inactive on the non-confidential or confidential TSCA Inventory are subject to the existing premanufacture notification (PMN) requirements for new chemical substances.

Companies must notify EPA before reintroducing into commerce a substance currently identified as inactive on the TSCA Inventory, unless the activity is specifically exempted from the notification requirement. This is accomplished by submitting a Notice of Activity Form B to EPA through the CDX system not more than 90 days prior to the anticipated date of manufacturing or processing the inactive substance.

You don’t have to be a chemical manufacturer to have obligations under TSCA, and the requirements can seem overwhelming. If you need assistance complying with any aspect of the TSCA regulations, VBA can help. VBA can:

  • Review and update chemical inventories to determine and document TSCA Inventory and regulated status of chemical substances being manufactured, imported, processed or used;
  • Assist in development of programs and/or compliance measures for chemical substances and activities subject to TSCA regulation;
  • Assist with TSCA reporting, including Form B reporting requirements under the TSCA Inventory Notification (Active-Inactive) Rule;
  • Perform a comprehensive or focused EHS audit to assess applicability and compliance with TSCA regulations;
  • Assist in development of environmental management systems to ensure continued compliance with TSCA requirements; and
  • Review and update management of change programs to ensure TSCA is adequately considered for any change with a TSCA implication.

VBA can work with you to determine the best path forward for assessing and ensuring TSCA compliance. Please contact a VBA professional for help with your EHS compliance needs.

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