Saturday, March 25, 2017

OSHA Recordkeeping Rule On Recordable Injuries Nullified After Congressional Review

On March 22, the US Senate voted to nullify OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” commonly referred to as the “Volks” rule. The “Volks” rule made recordkeeping requirements a continuing obligation for five years. The rule gave OSHA the ability to issue citations to employers for failing to record work-related injuries and illnesses during a 5-year retention period, compared to the six-month statute of limitations. The final rule was in response to a 2012 U.S. Court of Appeals decision that held that OSHA could not issue citations for failing to record an injury or illness beyond the six-month statute of limitations set out in the statute.

OSHA issued the proposed rule in July 2015, which was finalized in December 2016 and became effective in January 2017. According to OSHA, the rule was meant to “clarify that the duty to make and maintain an accurate record of an injury or illness continues for as long as the employer must keep and make available records for the year in which the injury or illness occurred. The duty does not expire if the employer fails to create the necessary records when first required to do so.”

The resolution passed the House of Representatives on March 1, 2017 and on March 22 the Senate adopted the resolution indicating that Congress believed OSHA had exceed its authority in issuing the final rule.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 
 


Saturday, March 4, 2017

Solvent Wipe Exemption Roll Out By States | States That Have Not Exempted SCW By Rule

In July 2013, US EPA published a final rule which exempted launderable (reusable) and some disposable wipes containing solvent ("Solvent-Contaminated Wipes" or SCW) from regulation as solid wastes and as hazardous waste. Solvent wipes are very common waste streams generated by a broad range of industrial, commercial, service and institutional sector facilities. This rule streamlined management of this waste stream and allowed these materials to be stored, transported* and cleaned/disposed of outside of the hazardous waste rules that would otherwise apply. This provides a benefit to both facilities that generate these wipes and companies that handle them.
 
* Although the rule exempts transporters from hazardous waste rules, Federal and State DOT HazMat rules still apply.
 
Click here for more information on the Federal Solvent Contaminated Wipe Rule.
 
Although the Federal rule became effective on January 31, 2014, in majority of States the Federal exemption does not apply until State Rules were revised to include this exemption. In many cases, States had operated for many years under policies or guidance which functionally excluded these wipes from regulation as hazardous waste until a Federal Rule was finalized. With the publication of the Federal Rule in 2013, States needed to update State rules to reflect this exemption, if they wanted to allow generators to take advantage of it. Because this rule change was less stringent than existing hazardous waste rules, States were not required to accept the Federal exemption and could require generators to handle these wipes as hazardous waste.
 

State Rule Update - March 2017

 
As of March 2017, 61% of State agencies have updated State rules to exempt solvent wipes, with most using Federal language or Federal language with very minor edits. One State (Rhode Island) implemented a rule that exempted reusable wipes only.
 
 
 

States Where Policy or Guidance Applies

As of March 2017, almost 1/3 of States have not revised State rules to reflect the SCW exemption and are still operating under policies or guidance documents written 10 to 15 years ago.
 
  • Colorado
  • Connecticut
  • Delaware
  • Kentucky
  • Maryland
  • Massachusetts
  • New Mexico
  • New York
  • Oregon
  • South Dakota
  • Vermont
  • Washington
  • Wisconsin
 
In most cases, this policy or guidance is similar to the Federal Rule, but typically less specific and less stringent. Currently, many of these States are still planning to update State rules in the near future and are allowing generators to follow the Federal rule.
 

States Without Policy or Guidance

As of March 2017, three States have not revised State rules and had not established a policy in the past to exempt these wipes from hazardous waste rules:
 
  • Nevada
  • Maine
  • Hawaii
 Maine and Hawaii both anticipate having a rule revision in 2017.

States With State-Specific Rules

Two States, California and Minnesota, have rules (California) or policies (Minnesota) that are significantly different than the Federal Rule and do not plan to revise them. In California, the Reusable Soiled Textile Rule excludes all hazardous waste (not just solvent) on a wider range of textiles (not just wipes). In Minnesota, guidance exempts some wipes ("sorbents") but wipes containing certain listed solvents ("toxic solvents") remain hazardous waste and also must be included in their monthly calculation of the generator size.
 
 
 
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

 

Monday, February 27, 2017

Wisconsin Air Emission Reports Due To WDNR By March 1, 2017

Air emission inventory submittals are due to the Wisconsin Department of Natural Resources by March 1, 2017. Submittals are made using the WDNR Air Reporting System (ARS). The Air Reporting System allows facilities to report annual air emissions on the Internet using web-based software.


For permitted facilities that cannot submit their emission estimates by March 1, an extension must be requested through the WDNR. Those facilities granted an extension have until March 17, 2017 to submit their emission inventory.




For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 
 

Saturday, January 14, 2017

Changes To Toxic Release Inventory Reporting Chemicals In 2017

On November 28, 2016, the USEPA published a final rule that adds a HBCD category to the TRI list of reportable chemicals. The HBCD category includes two CASRNs:
•3194-55-6 (1,2,5,6,9,10-HBCD) and
•25637-99-4 (HBCD).


Since the HBCD category meets the TRI criteria for a persistent bioaccumulative toxic (PBT) chemical, USEPA established a reporting threshold of 100 lbs for the category.


The rule was effective November 30, 2016, and applies to the 2017 reporting year with the first reports due by July 1, 2018.


On November 16, 2016, the USEPA published a proposed rule to add a NPE category, which contains thirteen NPEs, to the TRI list of reportable chemicals. NPEs are nonionic surfactants used in adhesives, wetting agents, emulsifiers, stabilizers, dispersants, defoamers, cleaners, paints, and coatings. If finalized as proposed, facilities required to report NPEs included in the new category would file just one TRI report form for the covered NPEs.

Toxic Release Inventory reports for calendar year 2016 are due by July 1, 2016

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website




Wednesday, January 11, 2017

Proposed Amendment of TSCA Chemical Data Reporting Rule

EPA intends to establish a Negotiated Rulemaking Committee under the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to negotiate a proposed rule would limit chemical data reporting requirements for manufacturers of certain inorganic byproduct chemical substances.. The objective of the Negotiated Rulemaking Committee will be to negotiate a proposed rule that would limit chemical data reporting requirements under section 8(a) of the Toxic Substances Control Act (TSCA), as amended by the Frank. R. Lautenberg Chemical Safety for the 21st Century Act, for manufacturers of any inorganic byproduct chemical substances, if byproduct chemical substances are subsequently recycled, reused, or reprocessed.


What is the Negotiated Rulemaking Process?

In 1986, EPA created the Inventory Update Reporting (IUR) regulation under TSCA section 8 to collect, every four years, limited information on the manufacture (which includes import) of organic chemical substances listed on the TSCA Inventory, thereby providing more up-to-date production volume information on the chemical substances in U.S. commerce. In 2005, EPA amended the IUR to require the reporting of information on inorganic chemical substances and to collect additional manufacturing, processing, and use information. Manufacturers of inorganic chemical substances first reported under the IUR in 2006. They also reported under the CDR in 2012 and 2016. Specific reporting requirements for these manufacturers were phased in, to allow for the industry to better understand the reporting requirements and for EPA to gain a better understanding of the industry. In recent years, the regulatory requirement to report byproduct chemical substances (and the availability of exemptions from that requirement) has been a frequent topic of discussion.

In 2011, EPA also stated that it would examine CDR information related to byproduct chemical substances to identify whether there are segments of byproduct chemical substance manufacturing for which EPA can determine that there is no need for the CDR information to continue to be collected, either for 2016 or for future reporting cycles. On June 22, 2016, TSCA was amended by the Lautenberg Act. TSCA now includes a requirement that EPA enter into a negotiated rulemaking, pursuant to the NRA, to develop and publish a proposed rule to limit the reporting requirements under TSCA section 8(a), for manufacturers of any inorganic byproduct chemical substances, when such byproduct chemical substances, whether by the byproduct chemical substance manufacturer or by any other person, are subsequently recycled, reused, or reprocessed.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
For further information contact


Caltha LLP at info@calthacompany.com or Caltha LLP Website



Saturday, January 7, 2017

Overview of EHS Management Systems For The Hazardous Materials Manager - EH&S Compliance Professional

The link below provides training slides from the CHMM Review Course on Environmental Management Systems (EMS) and Health & Safety Management Systems.


Presentation Slides: EHS Management Systems Overview for the Hazardous Materials Professional


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

New Washington Interim Policy On Handling Pharmaceutical Wastes Classified As Dangerous Waste

Washington Department of Ecology has developed an interim policy for generators of pharmaceutical wastes which could be classified as “dangerous waste” under State rules. The State has enacted this policy pending US EPA finalizing federal rules to streamline handling and disposal of these wastes. Once the EPA rule is finalized, Ecology expects to adopt the federal rule.


What are the generator requirements under the interim Ecology policy?

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website