What is a Toxic Organic Management Plan?

Seven federally regulated industrial categories have pretreatment standards established for total toxic organics (TTO). The term TTO is defined as the sum of specific toxic organic compounds found in the process discharge at a concentration of 0.01 mg/l (10 ppb) or more.

Categories affected by a TTO limit include:

• Electroplating (40 CFR 413),
• Metal Finishing (40 CFR 433),
• Electrical and Electronic Components (40 CFR 469),
• Metal Molding and Casting (40 CFR 464),
• Coil Coating (40 CFR 465),
• Aluminum Forming (40 CFR 467), and
• Copper Forming (40 CFR 468).

In addition to these seven categories, Pharmaceutical Manufacturing (40 CFR 439) is subject to a specific list of toxic organics with individual discharge limits.

Compliance with the pretreatment standards may be demonstrated in several different ways, including to develop and certify the implementation of a toxic organic management plan (TOMP). The TOMP details Best Management Practices or BMPs to be used to implement the general prohibitions listed in 40 CFR 403.5(a)(1) and specific prohibitions listed in 40 CFR 403.5(b). BMPs could include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing pollution prevention and spill control plans, including toxic organic management plans.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Illinois Increases Enforcement and Penalties For Illegal Dumping of Solid Wastes

On August 10, 2011, the State of Illinois passed a law that increased enforcement and fines associated with illegal dumping. The new law provides for increased penalties for dumping more than 250 cubic feet of waste or 50 waste tires, and makes it a Class 4 felony. It also increases the felony penalty for open dumping from $5,000 to $25,000.

Previously, the penalty for a first violation of the open dumping prohibition was a Class A misdemeanor, regardless of the quantity of waste dumped.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Publication of Final Hazard Communication Rule Delayed

The U.S. Department of Labor - Occupational Safety & Health Administration (OSHA) has announced that its final Globally Harmonized System of Classification and Labeling of Chemicals (GHS) rule, originally scheduled for released in August 2011, has been delayed for a few weeks due to the extensive review of the final standard. The final standard is not expected to be published in September 2011. The final Hazard Communication rule is entering final Departmental review and will be sent to OMB once this review is complete

OSHA had proposed a three-year implementation period to phase in compliance with the revised hazard communication rule. During the rulemaking comment periods and at the public hearings, stakeholders submitted recommended implementation periods ranging from 3 to 15 years. OSHA has indicated that it has considered all of these comments and the implementation period will be announced when the final rule is published. However, a company may opt to classify the products now according to GHS as long as it also follows the current Hazard Communication Standard. OSHA did not propose any changes in the language requirements in the Hazard Communication Standard. However, GHS is designed to enable workers of limited literacy in the English language to understand the information.

OSHA’s preliminary estimate is that updating the Hazard Communication Standard will create a substantial annualized savings for employers of at least $585 million. The majority of these benefits will be realized through increases in productivity for health and safety managers as well as for logistics personnel.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Spill Plan and Above Ground Tank Rules In Wisconsin

One of the most common questions Caltha receives from facilities in Wisconsin is “Can Wisconsin facilities self-certify their SPCC Plans?” and “Can my facility in Wisconsin use the SPCC Template format to comply with 40 CFR 112?”. The confusion regarding the self-certification of SPCC Plans in Wisconsin is due primarily to the overlapping Federal and State regulations involving aboveground storage tanks (AST).

Two rules can apply to facilities with above ground tanks, 1) Federal SPCC Rules (40 CFR 112), and 2) Wisconsin Rules on Storage of Flammable, Combustible and Hazardous Liquids (Chapter Comm 10). For any given facility, some tank systems may only be subject to SPCC Rules, some may only need to comply with Wisconsin Chapter Comm 10, and still other tanks may actually need to comply with both sets of rules.

There is a significant amount of over lap and similarity between the two rules; however, they differ in many aspects, included when a written spill plan is required and in situations where documents need to be prepared by and certified by a Wisconsin-licensed professional engineer. Whether or not a facility needs to use a PE to approve their plans will depend on a number of factors, including the size and location of their tanks, and the specific liquids being stored in them.

If you want further information on above ground tank rules and SPCC rule compliance in Wisconsin, email Caltha at info@calthacompany.com

Caltha LLP provides specialized expertise to clients in Wisconsin and nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

When Is My Boiler MACT Notification Due?

In a May 18, 2011 Federal Register notice US EPA announced that it was delaying the "effective dates" relative to the Boiler MACT rule for existing sources. Some potentially affected facilities have since been inquiring if this delay mean that potentially affected facilities do not need to submit a notification of applicability by Sept. 17, 2011.

According to EPA, notifications for major sources are not due by September 17, 2011. The agency plans to complete the reconsideration proposal by the end of October 2011 and issue a revised final rule by the end of April 2012. The final rule will include revised compliance due dates, including dates by which facilities will need to submit a notification of applicability.

Notifications for area sources , which includes most smaller sources, are due by September 17, 2011.

Have questions regarding the Boiler MACT or other air emission regulations, email Caltha at info@calthacompany.com



Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website