Monday, September 7, 2020

OSHA Rule On Beryllium Effective September 30, 2020

OSHA is amending its existing construction and shipyard standards for occupational exposure to beryllium and beryllium compounds to clarify certain provisions and simplify or improve compliance. These changes are designed to accomplish three goals: to more appropriately tailor the requirements of the construction and shipyards standards to the particular exposures in these industries in light of partial overlap between the beryllium standards' requirements and other OSHA standards; to aid compliance and enforcement across the beryllium standards by avoiding inconsistency, where appropriate, between the shipyards and construction standards and recent revisions to the general industry standard; and to clarify certain requirements with respect to materials containing only trace amounts of beryllium. This final rule does not affect the general industry beryllium standard. Caltha LLP provides specialized expertise to clients in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at or Caltha LLP Website

Saturday, August 11, 2018

Why Needs a FRP? Is a FRP the Same As a SPCC Plan?

What is a Facility Response Plan?

Under the federal Oil Pollution Prevention Act rules, certain facilities are required to prepare a Facility Response Plan or FRP. An FRP is an enhanced spill preparedness and response plan. Key elements of a FRP include:
  • Emergency Response Action Plan, maintained as astand-alone section of the overall plan
  • Facility information, including its name, type, location, owner, operator information
  • Emergency notification, equipment, personnel, and evacuation information
  • Identification and analysis of potential spill hazards and previous spills
  • Discussion of small, medium, and worst-case discharge scenarios and response actions
  • Description of discharge detection procedures and equipment
  • Detailed implementation plan for response, containment, and disposal
  • Description and records of self-inspections, drills and exercises, and response training
  • Diagrams of facility site plan, drainage, and evacuation plan
  • Security (e.g., fences, lighting, alarms, guards, emergency cut-off valves and locks, etc.)
  • Response plan coversheet

If I Already Have An SPCC Plan Do I Need A FRP?

Possibly; All FRP facilities need am SPCC Plan, but not all SPCC facilities need a FRP. Although Facility Response Plans (FRPs) and SPCC Plans are different and should be maintained as separate documents, some sections of the plans may be the same. The revised Oil Pollution Prevention regulation allows the facility owner or operator to reproduce and use those sections of the SPCC Plan in the FRP.

Who Needs To Prepare A Facility Response Plan?

Facilities that could reasonably be expected to cause "substantial harm" to the environment by discharging oil into or on navigable waters are required to prepare and submit Facility Response Plans (FRPs). Facilities that could cause "significant and substantial harm" are required to have their plans approved by an EPA Regional Administrator. The criteria for "substantial harm" are:
  1. has a total oil storage capacity greater than or equal to 42,000 gallons and it transfers oil over water to/from vessels; or
  2. has a total oil storage capacity greater than or equal to 1 million gallons and meets one of the following conditions:
  • does not have sufficient secondary containment for each aboveground storage area.
  • is located at a distance such that a discharge from the facility could cause "injury" to fish, wildlife, and sensitive environments.
  • is located at a distance such that a discharge from the facility would shut down a public drinking water intake.
  • has had, within the past five years, a reportable discharge greater than or equal to 10,000 gallons.
If the facility does not meet the criteria (either under 1 or 2), then the facility is not subject to the FRP rule via self-identification.

Caltha LLP assists facilities subject to the Oil Pollution Prevention Act to prepare and maintain SPCC Plans and Facility Response Plans. Click here for more information on EH&S plan services.

Monday, April 30, 2018

New Categories For Air Permit Exemptions Proposed

Minnesota Pollution Control Agency (MPCA) is proposing to adopt amended air quality rules within “exempt source/conditionally insignificant activities rules” to clarify permit requirements for small sources of air emissions and update rules governing the treatment of small air pollution emitting activities (“insignificant activities” and “conditionally insignificant activities”). Written comments on the proposed rules are being accepted until May 29, 2018.

Permitted Dust Control System

Changes create four new categories of conditionally exempt stationary sources where emissions primarily come from one type of activity; auto-body refinishing facilities, coating facilities, woodworking facilities, and insignificant facilities that meet applicable technical standard would be exempt from obtaining an air emissions permit. Changes to the existing categories of conditionally exempt sources, gasoline service stations and concrete manufacturing, are made to align with the rule structure for the new categories.

Caltha LLP | Your Air Permitting Partner

Monday, April 23, 2018

REACH, ROHS, Prop 65 and Other Chemical Compliance Certifications

Caltha LLP Project Summary

Project: Certification of REACH, ROHS, Prop 65, Conflict Minerals, Biocidal Products Compliance
 Component Manufacturer 

Key Elements: EU Chemical Regulations, California Proposition 65 Labeling, Conflict Minerals Compliance Certifiaction

Overview: Caltha LLP was retained by this component manufacturer to compile compliance documentation and to prepare Certification of Compliance. Certification of compliance was required by customers who purchased manufactured components and incorporated them into their final products which were exported to the European Union and other areas.

Caltha prepared a certification form and background information to be completed by raw material suppliers that allowed each supplier to provide an informed certification statement regarding presence/absence of regulated chemical substances, and if present, documentation that concentrations are below regulatory thresholds.

Monday, April 9, 2018

Comments On Repeal Of Carbon Pollution Rule Due April 28

The public comment period on the EPA Proposed Rule "Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units" is scheduled to close on April 28, 2018.

As background, on October 16, 2017, the Environmental Protection Agency published an announcement of its intention to repeal the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, commonly referred to as the Clean Power Plan, as promulgated on October 23, 2015. The proposal also requested public comment on the proposed rule. The EPA held public hearings on November 28 and 29, 2017, in Charleston, West Virginia, and extended the public comment period until January 16, 2018.

In response to numerous requests for additional opportunities for the public to provide oral testimony on the proposed rule in more than one location, EPA announced that three listening sessions will be held:

Wednesday, February 21, 2018 - Kansas City, Missouri;
Wednesday, February 28, 2018 - San Francisco, California;
Tuesday, March 27, 2018 - Gillette, Wyoming.

EPA also reopened the public comment period until April 26, 2018.

Air permit consultant, wastewater permit consultant, stormwater permit consultant, tank permit, RCRA permit
Caltha LLP | Your Air Permit, Wastewater Permit,
Storm Water Permit Partner

Wednesday, March 21, 2018

Wastewater Permit And Compliance Overview

Overview of Clean Water Act 

Click link above to download presentation slides.

Overview of the Clean Water Act and underlying programs. Clean Water Act; CWA; wastewater; NPDES; pretreatment permit; water quality standards; permit limits; effluent guidelines; effluent standards; waters of the US, water quality criteria, SPCC rule