RCRA and Universal Waste Annual Training For Minnesota Waste Generator

Caltha LLP Project Summary

Project: RCRA Hazardous Waste Generator and Universal Waste Generator Training
Client: International Chemical Products Manufacturer
Location(s): Minnesota

Key Elements: RCRA training, Universal waste training

Overview: Caltha prepared and presented training to facility staff and to on-site contractors who were responsible for generation of hazardous wastes and universal wastes at this site located in Minneapolis, Minnesota. Training was conducted to comply with Federal, state and county hazard waste rules, including:
40 CFR Part 260-262 – Hazardous Waste Management
40 CFR Part 273 – Standards for the Management of Universal Wastes
40 CFR Part 279 – Standards for the Management of Used Oil
Minnesota Rules Chapter 7045: Hazardous Waste Rules
Minnesota Rules Chapter 7035: Solid Waste

Training was provided at the facility and included a summary of regulatory requirements, and site-specific procedures for handling wastes generated at the site. Training also including a summary of the site Contingency Plan, spill prevention and related emergency preparedness and response procedures.



For more information on Caltha LLP EH&S training services, go to the Caltha Employer's EH&S Training Center.



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 

 

Regulatory Compliance Audit and Due Diligence For Minnesota and North Dakota Food Manufacturing Plants

Caltha LLP Project Summary

Project: Compliance Audit and Environmental Due Diligence For Minnesota and North Dakota Food Manufacturing Plants
Client: International Food Manufacturing Industry
Location(s): Minnesota and North Dakota

Key Elements: Environmental Compliance Audit, Phase 1 Environmental Site Assessment

Overview: Caltha was retained by this multinational food manufacturer to conduct an environmental regulatory compliance audit and a Phase I ESA at two of its plants located near Minneapolis, Minnesota and near Bismarck, North Dakota. Compliance audits were conducted to assess compliance with EPA, Minnesota Pollution Control Agency (MPCA), and Hennepin County requirements in Minnesota, and EPA and North Dakota Department of Health (NDDH) requirements in North Dakota. Regulatory requirements evaluated included:

• Clean Air Act,
• Clean Water Act,
• RCRA hazardous waste and solid waste requirements,
• Emergency Preparedness and Community Right-to-know Act (EPCRA) requirements,
• Toxic Substance Control Act,
• Above and underground tank requirements,
• OSHA Hazard Communication.

Caltha also completed a Phase I Environmental Site Assessment (ESA) for both sites, in accordance with ASTM E1527-05.



For more information on Caltha LLP services, go to the Caltha Audit Page

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 

 

RCRA and TSCA Compliance Audit For Multiple Facilities To Meet ISO 14001 Requirements

Caltha LLP Project Summary

Project: Combined RCRA and TSCA PCB Management Audit For 26 Facilities
Client: Electric Utility
Location(s): 26 locations

Key Elements: RCRA hazardous waste audit, TSCA PCB management, Used oil management, Universal waste management, ISO 14001

Overview: Caltha was retained to conduct a compliance audit of 26 facilities to assess compliance with:

• EPA hazardous waste rules (40 CFR Part 260-262)
• Minnesota hazardous waste rules (MPCA Chapter 7045)
• North Dakota hazardous waste rules
• Federal and State requirements for used oil management (40 CFR Part 279)
• Federal and State requirements for universal waste management (40 CFR Part 273)
• EPA Toxic Substances Control Act (TSCA) requirements for PBC management (40 CFR Part 261)

Audits were conducted to satisfy ISO 14001 standards for scheduled audits, under ISO 14001 clause 4.5.2.1. Audits were completed with a combination of records review and on-site inspections.



For more information on Caltha LLP auditing services, go to the Caltha Compliance and EMS SMS Audit Page



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 

 

Air Permit Compliance Assessment and Option D Registration Permit Source Review

Caltha LLP Project Summary

Project: Air Permit Compliance Audit and Registration Permit Tracking Review

Client: International Beverage and Food Product Company

Location(s): Minnesota

Key Elements: Air Emission Reporting Review, Air Emission Inventory, Permit Compliance Assessment

Overview: This facility retained Caltha to conduct a review of air permit compliance with the MPCA Option D Registration Permit. The review was prompted by recent staff turn-over at the facility and an impeding multi-media audit being conducted by the corporate group. Facility management wanted to assure that all applicable air emission sources were permitted, emission tracking systems were accurate and complete, and that new staff responsible for on-going permit compliance activities were provided with ”on-the-job” training .

Caltha staff conducted on on-site inspection of the facility to identify all equipment and processes which were subject to air emission permitting. Emission tracking records and calculation spreadsheets were reviewed to confirm that all applicable emission sources were included and that calculations were accurate. Some revisions to spreadsheets were required. Caltha staff then provided training to facility staff on new tracking procedures.

For more information on Caltha LLP services, go to the Caltha Contact Page

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 

 

Preparation Of Response To Request For Information From EPA Regarding NESHAP Compliance

Caltha LLP Project Summary

Project: Preparation of Technical Response To EPA Region V Request For Information
Client: Foam manufacturer
Location(s): Wisconsin

Key Elements: Air emission, NESHAP, Subpart OOOOOO

Overview: Caltha was retained by this manufacturer to contact State and EPA air compliance personnel and to prepare a response to a Request For Information sent by US EPA Region V. The issue involved compliance with a specific National Emission Standards for Hazardous Air Pollutants (NESHAP). EPA believed that the facility may have been subject to 40 CFR 63, Subpart OOOOO (6O) - Flexible Polyurethane Foam Production & Fabrication Area Sources. After reviewing site operations, it was determined that the facility was not subject to 6O. Documentation was prepared and submitted to EPA and the State. No further actions were required by the facility.

For more information on Caltha LLP services, go to the Caltha Contact Page
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 

 

Environmental Compliance Audit For Iowa Food Ingredient Manufacturer

Caltha LLP Project Summary

Project: EHS Compliance Audit For Iowa Food Ingredient Manufacturer
Client: Food Ingredient Manufacturer
Location(s): Iowa

Key Elements: Multi-media Compliance Audit

Overview:

Caltha was retained by this food ingredient manufacturer to conduct a multi-media compliance audit of its operations located in northwest Iowa. The operations were self certified as being in conformance with the Environmental Management System (EMS) requirements specified under ISO 14001. The audit was being conducted in advance of a planned merger and was required by the prospective business partner.

The scope of the compliance audit included applicable Federal, State and local regulations:

OSHA	Hazard Communication
EPCRA	EPCRA 311-312 EPCRA 313
Hazardous and Solid Waste Management	Federal RCRA rules
	Iowa waste rules
	Universal waste rules
Air	Federal air emission rules
	Federal NESHAP standards
	Iowa air emission permit
	Iowa air emission rules
Clean Water Act	Authorized/Unauthorized Discharges
	Iowa Stormwater Discharge Permit compliance
	SPCC Rule Compliance
	Iowa Spill Notification and Reporting
	Federal Industrial pretreatment rules
	Local Industrial discharger permit compliance
TSCA	Current registration
	Inventory Update Rule IUR Reporting
	Chemical Data Rule CDR Reporting
Tanks	Iowa aboveground tank rules
	Iowa underground tank rules

The audit was completed under attorney client privilege through external legal counsel.



For more information on Caltha LLP services, go to the Caltha Contact Page

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 
 

Environmental Product Declarations For Adhesives and Sealants

ASTM International has announced that it will be collaborating with industry to develop Environmental Product Declarations (EPDs) across the over 90 industry markets, including sealants. The Adhesive and Sealant Council (ASC) will be partnering with ASTM International to raise awareness and educate industry on the value of Type III EPDs, and proactively engage industry in developing Product Category Rules (PCR).

In 2012, ASTM International announced that it was becoming a global Program Operator for PCR development and EPD verification. In January 2013, the members of ASTM Committee C24 on Building Seals and Sealants agreed to become active in the PCR process and to move forward with scoping the PCR development for sealants. ASTM Committee C24 will meet in Indianapolis in June 2013.

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 Source Performance Standards Proposed For Kraft Pulp Mills

The EPA is proposing revisions to the new source performance standards (NSPS) for kraft pulp mills. These revised standards include particulate matter emission limits for recovery furnaces, smelt dissolving tanks and lime kilns, which apply to emission units commencing construction, reconstruction or modification after May 23, 2013 that are different than those required under the existing standards for kraft pulp mills. The exemptions to opacity standards do not apply to the proposed standards for kraft pulp mills. The proposed rule also removes the exemption for periods of startup and shutdown (SSM) resulting in a standard that applies at all times. The proposed rule includes additional testing requirements and updated monitoring, recordkeeping and reporting requirements for affected sources. Comments on the proposed rules must be received on or before July 8, 2013.

To address the NSPS review, SSM exemptions and other changes, the EPA is proposing new standards, which will apply to affected sources at kraft pulp mills for which construction, modification or reconstruction commences on or after May 23, 2013. The affected sources under the proposed NSPS are new, modified or reconstructed digester systems, brown stock washer systems, evaporator systems, condensate stripper systems, recovery furnaces, SDTs, and lime kilns at kraft pulp mills. The requirements for these new, modified or reconstructed sources will be included in a new subpart-40 CFR part 60, subpart BBa. The EPA is also proposing testing, monitoring, recordkeeping and reporting requirements for subpart BBa that are in some ways different from what is required under subpart BB.

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

Wisconsin Prevention of Significant Deterioration For GHG Emissions Approved

In a final rule, US EPA has approved revisions to the Wisconsin State Implementation Plan (SIP), submitted by the Wisconsin Department of Natural Resources (WDNR) in 2011 and 2012. The revisions modify Wisconsin's Prevention of Significant Deterioration (PSD) program to establish emission thresholds for determining which new stationary sources and modification projects become subject to Wisconsin's PSD permitting requirements for their greenhouse gas (GHG) emissions. Additionally, these revisions defer until July 21, 2014, the application of the PSD permitting requirements to biogenic carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources in the State of Wisconsin. EPA has made the preliminary determination that these revisions are in accordance with the Clean Air Act (CAA) and EPA regulations regarding PSD permitting for GHGs and is approving Wisconsin's revisions.

Caltha LLP provides specialized expertise to clients in Wisconsin and  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 
 

Lead Renovation, Repair, and Painting Program Application To Public and Commercial Buildings

US EPA has announced that it will conduct a public meeting on June 26, 2013 to gather public comment regarding extending its Lead Renovation, Repair, and Painting Program to public and commercial buildings. In 2010, EPA issued an advance notice of proposed rulemaking (ANPRM) concerning renovation, repair, and painting activities in public and commercial buildings.

EPA is in the process of determining whether these activities create lead-based paint hazards, and, for those that do, developing certification, training, and work practice requirements as directed by the Toxic Substances Control Act (TSCA). EPA has also reopened the comment period for the December 31, 2012 Federal Register document to allow for additional data and other information to be submitted by the public and interested stakeholders. EPA specifically requested information on the following:

1. The manufacture, sale, and uses of lead-based paint after 1978.
2. The use of lead-based paint on public and commercial buildings.
3. The frequency and extent of renovations of public and commercial buildings.
4. Work practices used to renovate public and commercial buildings.
5. Dust generation and transportation from exterior and interior renovations of public and commercial buildings.

Click here for further background on the application of the LBP Rule to public and commercial buildings




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

EPA Approval of Changes To Georgia RCRA Rules

The Environmental Protection Agency (EPA) has proposed final authorization of State Hazardous Waste Management Program Revisions submitted by the Geogia Environmental Protection Division. Georgia applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA determined that these changes satisfy all requirements needed to qualify for final authorization. Unless EPA receives written comments that oppose this authorization during the comment period, the decision to authorize Georgia's changes to its hazardous waste program will take effect on July 1, 2013.

EPA has determined there are no State requirements in this program revision considered to be more stringent or broader in scope than the Federal requirements. While Georgia has adopted the necessary regulations to receive authorization for the Uniform Hazardous Waste Manifest Rule, EPA cannot delegate the Federal manifest registry functions or the export or import provisions. and will continue to implement these requirements. Similarly, EPA cannot delegate the Federal requirements at 40 CFR 261.39(a)(5), 261.40 and 261.41 contained in the Cathode Ray Tubes Rule. While Georgia has properly adopted these requirements by reference at Georgia Hazardous Waste Management Rule 391-3-11-.07(1), EPA will continue to implement these requirements.

Georgia will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which EPA issued prior to the effective date of the authorization until they expire or are terminated. EPA will not issue any more permits or new portions of permits for the provisions listed in the authorization after the effective date. EPA will continue to implement and issue permits for HSWA requirements for which Georgia is not authorized.

Caltha LLP provides specialized expertise to clients in Georgia and 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 
 

Hazardous Material Shipper Fees Reduced By PHMSA

The Pipeline and Hazardous Materials Safety Administration (PHMSA), US DOT has announced a temporary reduction in registration fees it charges hazardous material shippers. Due to an unexpended balance that has accumulated in the Hazardous Materials Emergency Preparedness (HMEP) Fund, PHMSA is lowering the registration fees for registration year 2013-2014 for all persons that transport or offer for transportation in commerce certain categories and quantities of hazardous materials.

For registration year 2013-2014 the fee for a small business or not-for-profit organization is revised to be $125 (plus a $25 processing fee), and for all other businesses the fee is $1300 (plus a $25 processing fee). After the 2013-2014 registration year, the registration fees will return to 2012-2013 registration year levels. PHMSA is issuing this final rule without a prior notice of proposed rulemaking and the final rule is effective immediately.


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 
 

Petition Denied To Review Chromium Air Emission Limits

Environmental Protection Agency (EPA) has issued notice that the agency is denying a petition for reconsideration of air emission standards for certain types of electroplating, anodizing tanks, steel pickling process facilities and acid regeneration plants.

A final rule published in the Federal Register on September 19, 2012 that established new emission limits for hard and decorative chromium electroplating and chromium anodizing tanks, and steel pickling-HCl process facilities and hydrochloric acid regeneration plants. After publication of the rule, EPA received a petition for reconsideration of the final rule from the National Association of Surface Finishers (NASF). The EPA denied the petition because in agency’s opinion, it failed to meet the criteria for reconsideration in CAA section 307(d)(7)(B).

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 

Small Container Excemption For Some Painting Operations Approved In Illinois

EPA has approved a revision to the Illinois State Implementation plan (SIP) submitted by the Illinois Environmental Protection Agency (Illinois EPA) on November 14, 2011. The revision amended Illinois Administrative Code by adding a "small container exemption" for pleasure craft surface coating operations in the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. EPA concluded that these exemptions were consistent with EPA volatile organic compound (VOC) reasonably available control technology (RACT) policy.

As background, in 2010 and 2011 Illinois promulgated rules on VOC RACT emission limitations for coating operations. During that rulemaking, the American Coatings Association (ACA) commented to Illinois EPA that many VOC coating regulations include a small container exemption not to exceed a liter or a quart. The ACA stated that the basis for these exemptions is to allow for small repairs and touch ups to existing coatings at the end of the painting line to avoid having to completely recoat the product, thus resulting in lower VOC emissions overall from pleasure craft coating operations.

EPA found the exemption was consistent with Illinois RACT rules for similar coating operations, including can, coil, vinyl, metal furniture, and magnet wire coatings. EPA agreed with Illinois EPA and ACA that the exemption may reduce VOC emissions by encouraging repairs and touch ups, as opposed to performing complete re-coats.

Caltha LLP provides specialized expertise to clients in Illinois and 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 

Rule To Exclude Chemical As VOC Withdrawn

EPA is withdrawing a direct rule it had published in the Federal Register on February 15, 2013, to revise the definition of VOCs for purposes of preparing SIPs to attain the NAAQS for ozone under title I of the CAA.

EPA published a direct final rule that excluded trans 1-chloro-3,3,3-trifluoroprop-1-ene from the definition of volatile organic compounds (VOCs) for purposes of preparing state implementation plans (SIPs) to attain the national ambient air quality standards (NAAQS) for ozone under title I of the Clean Air Act (CAA). The substance was proposed to be excluded from the definition of VOCs based on EPA’s determination that the compound makes a negligible contribution to tropospheric ozone formation.

However, because EPA received one adverse comment to the proposed rule, they are withdrawing the direct final rule effective April 18, 2013. The proposed rule will now go through normal rulemaking processes and all public comments that were received will be addressed in a final rulemaking action based on the proposed 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

Air Emission Rules For Wool Fiberglass Production Subpart NN

US EPA is proposing chromium and particulate matter (for metals) standards for wool fiberglass gas-fired glass-melting furnaces at area sources and to add these sources to the category list in the Urban Air Toxics Strategy. EPA is also proposing amendments to the existing major source rules for Mineral Wool and Wool Fiberglass which were published on November 25, 2011.

While subpart NNN applies to wool fiberglass manufacturing facilities that are major sources, EPA proposed rule would apply to gas-fired glass-melting furnaces only located at wool fiberglass manufacturing facilities that are area sources (subpart NN). Comments on the proposed rule must be received on or before May 30, 2013.

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

Startup, Shutdown, and Malfunction SIP Call Comment Period Extended

The EPA has announced an extension of the public comment period for its proposal rule "State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction." The EPA received numerous requests for extension of the comment period beyond the current deadline of April 11, 2013, and one request that it not extend the comment period by an additional 60 to 90 days, and in response to those requests the EPA is extending the comment period by an additional 30 days.

Comments on the proposed rule published February 22, 2013 must be received on or before May 13, 2013.

Click here to read a summary of the proposed rule on excess emissions during start-up, shutdown and malfunction

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 

 

Greenhouse Gas Permitting Authority Approved For Arkansas Department of Environmental Quality

The U.S. Environmental Protection Agency (EPA) has approved the State of Arkansas’ program for permitting new and modified facilities that emit significant amounts of greenhouse gas pollution (GHG) into the air. The Arkansas Department of Environmental Quality (ADEQ) developed a state program to replace the existing federal program and submitted it for EPA review in November 2012.

Arkansas’ authority to issue air permits for new or modified GHG pollution sources will become effective in April 2013, four months after the EPA’s proposed approval of the program. Arkansas is the first state in its EPA Region to replace a federal implementation plan with their own State program, which will eliminate the need for businesses to seek air permits from two separate regulatory agencies. EPA will now rescind the federal program for GHG permitting in Arkansas.

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 

RCRA Program Delegation Approved For New York State DEC

US EPA has approved the delegation for its hazardous waste programs to the New York State Department of Environmental Conservation (NYSDEC or DEC) relating to used oil management. New York had applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). This final authorization will become effective on May 10, 2013 unless EPA receives adverse written comment by April 10, 2013.

New York has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA).

The effect of this decision is that a facility in New York subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with RCRA. New York has enforcement responsibilities under its State hazardous waste program for violations of such program, but EPA retains its authority under RCRA. This includes the authority to:

• Do inspections, and require monitoring, tests, analyses, reports or other actions
• Enforce RCRA requirements and suspend or revoke permits
• Take enforcement actions regardless of whether the State has taken its own actions.

Caltha LLP  is an environmental consultant providing specialized expertise to clients in New York and 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

Ortho Nitrotoluene Proposed For Be Added To List Of EPCRA TRI Chemicals

EPA is proposing to add ortho-nitrotoluene (o-nitrotoluene) to the list of chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). o-Nitrotoluene has been classified by the National Toxicology Program in their 12th Report on Carcinogens as "reasonably anticipated to be a human carcinogen." EPA believes that o-nitrotoluene meets the EPCRA section 313(d)(2)(B) criteria because it can reasonably be anticipated to cause cancer in humans. Based on EPA’s review of the available production and use information, the agency believes that o-nitrotoluene is expected to be manufactured, processed, or otherwise used in quantities that would exceed the EPCRA section 313 reporting thresholds.

Comments on the proposed addition of o-Nitrotoluene to the list of TRI chemicals must be received on or before May 13, 2013.

Caltha LLP provides specialized expertise to clients nationwide in the preparing and submitting annual toxic release inventory reports, and preparing cost-effective chemical tracking procedures.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

2013 Environmental, Health and Safety Overview Course - Bloomington, MN May 8-10

Course Dates: May 8 through May 10, 2013
Course Location: Bloomington, Minnesota

The North Star Chapter of the Alliance of Hazardous Material Professionals provides an annual regulatory overview course for environmental, health & safety professionals. The Regulatory / CHMM Overview Workshop provides a comprehensive overview of the major regulatory programs, topics and concerns in environmental, health & safety management. Although some participants attend the course to prepare to take the Certified Hazardous Material Manager (CHMM) exam, many environmental professionals take the Regulatory / CHMM Overview Workshop to enhance their breadth of competence in their professions and/or to get up-to-date.

Course Content

• Federal Statutes Overview
• Liability and Compliance
• Clean Water Act
• Clean Air Act
• Toxic Substances Control Act (TSCA)
• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
• Community Right-to-Know (SARA Title III - EPCRA)
• Chemistry of Hazardous Materials
• Toxicology
• Geology
• Radiation Principles
• Asbestos
• Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
• Hazardous Materials Transportation
• OSHA
• Accident Scenario
• Environmental Management Systems
• Environmental Considerations in Real
• Estate/ Due Diligence Assessments
• Underground Storage Tanks
• Resource Conservation & Recovery Act (RCRA)
• Waste Analysis
• Hazardous Waste Treatment Technologies
• Waste Reduction/Minimization and Pollution Prevention
• Compliance Audits
• Motivation of Employees with Respect to Environmental Matters
• CHMM Code of Ethics

For more information go to:
2013 Regulatory / CHMM Overview Workshop

Petition To Remove Acetonitrile From TRI Reporting Requirements Denied By EPA

EPA has announced that it is denying a petition to remove acetonitrile from the list of chemicals subject to reporting requirements under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). EPA reviewed the available data on this chemical and determined that acetonitrile does not meet the deletion criterion of EPCRA section 313(d)(3), specifically due to its potential human health impacts.

EPCRA section 313(d) authorizes EPA to add or delete chemicals from the list and sets criteria for these actions. EPA may add a chemical to the list if any of the listing criteria in Section 313(d)(2) are met. To remove a chemical from the list, EPCRA requires that EPA demonstrate that none of the listing criteria are met. The EPCRA section 313(d)(2) criteria are:

(A) The chemical is known to cause or can reasonably be anticipated to cause significant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond facility site boundaries as a result of continuous, or frequently recurring, releases.
(B) The chemical is known to cause or can reasonably be anticipated to cause cancer or teratogenic effects, or other serious or irreversible chronic health effects.
(C) The chemical is known to cause or can be reasonably anticipated to cause significant adverse effect on the environment, because of its toxicity, persistence in the environment, or tendency to bioaccumulate in the environment

Caltha LLP provides specialized expertise to clients nationwide in the providing technical assistance in preparing Toxic Release Inventory (TRI) Reports, and other environmental reporting requirements under EPCRA.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Proposed SNUR For Carbon Nanomaterials

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 37 chemical substances which were the subject of premanufacture notices (PMNs). Seventeen of these chemical substances are also subject to TSCA section 5(e) consent orders issued by EPA. This action would require persons who intend to manufacture, import, or process any of these 37 chemical substances for an activity that is designated as a significant new use by the proposed rule to notify EPA at least 90 days before commencing that activity. Comments must be received on or before April 26, 2013.

The proposed rule includes 14 PMN substances whose reported chemical names include the term "carbon nanotube" or "carbon nanofibers." Because of a lack of established nomenclature for carbon nanotubes, the TSCA Inventory names for carbon nanotubes are currently in generic form, e.g., carbon nanotube (CNT), multi-walled carbon nanotube (MWCNT), double-walled carbon nanotube (DWCNT), or single-walled carbon nanotube (SWCNT). EPA uses the specific structural characteristics provided by the PMN submitter to more specifically characterize the TSCA Inventory listing for an individual CNT. EPA is using the specific structural characteristics for all CNTs submitted as new chemical substances under TSCA to help develop standard nomenclature for placing these chemical substances on the TSCA Inventory.

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

EPA Proposes Review of SIPs For SSM Requirements

The EPA is proposing to take action on a petition for rulemaking filed by the Sierra Club in 2011 concerning the treatment of excess emissions in state rules by sources during periods of startup, shutdown, or malfunction (SSM). EPA is proposing to grant in part and to deny in part the request to rescind its policy interpreting the Clean Air Act (CAA) to allow states to have appropriately drawn state implementation plan (SIP) provisions that provide affirmative defenses to monetary penalties for violations during periods of SSM. The EPA is also proposing either to grant or to deny the Petition regarding existing SIP provisions related to SSM in each of 39 states identified in the petition.

For each of those states where EPA proposes to grant the petition concerning specific provisions, EPA also is proposing to find that the existing SIP provision is substantially inadequate to meet CAA requirements and proposes a "SIP call." For those affected states EPA will require the states to submit a corrective SIP revision. Comments on the proposed actions must be received on or before March 25, 2013.

Through this rulemaking, EPA intends to clarify its interpretation of the CAA regarding excess emissions during SSM events. EPA may find specific SIP provisions to be substantially inadequate to meet CAA requirements; if a state's existing SIP provision allows an automatic exemption for excess emissions during periods of startup, shutdown, or malfunction, then the EPA may determine that the SIP provision is substantially inadequate because the provision is inconsistent with requirements of the CAA.
The affected States include:

Alabama
Alaska
Arizona
Arkansas
Colorado
Delaware
District of Columbia
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
New Hampshire
New Jersey
New Mexico
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Rhode Island
South Carolina
South Dakota
Tennessee
Virginia
Washington
West Virginia
Wyoming

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

National Enforcement Initiatives for FY2014-2016

EPA has published a Federal Register notice asking for public comments and recommendations on its National Enforcement Initiatives for FY2014-2016. The agency selects priority areas every three years in order to focus federal resources on the most important environmental problems where noncompliance is a significant contributing factor and where federal enforcement attention can make a difference. In addition to these sector-based approaches, EPA will focus a national initiative on a strategic area that would improve its ability to conduct its enforcement and compliance program. Comments must be received by February 27, 2013.

Click here to review the six national enforcement initiatives for  FY 2011-2013


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Revised Air Emission Standards For Portland Cement Manufacturing Industry

EPA has finalized proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Portland Cement Manufacturing Industry and the Standards of Performance for Portland Cement Plants. These amendments were proposed on July 18, 2012.
This final rule amends the national emission standards for hazardous air pollutants for the Portland cement industry. In addition, the EPA  amended the new source performance standard (NSPS) for particulate matter.

The final rule is effective on February 12, 2013. The EPA set the compliance date for existing open clinker storage piles to be February 12, 2014 and set the date for compliance with the existing source NESHAP to be September 9, 2015

EPA amended the existing and new source PM standards in the NESHAP and changed the numeric emissions value of those standards. The agency changed the alternative organic HAP (oHAP) standard , but did not change the existing or new source standards for mercury, THC or HCl.

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HFPE Excluded For Definition Of VOC Under Clean Air Act

The Environmental Protection Agency (EPA) has published a final rule revises the definition of volatile organic compounds (VOCs) under the Clean Air Act (CAA). This revision adds four chemical compounds to the list of compounds excluded from the definition of VOC on the basis that each of these compounds makes a negligible contribution to tropospheric ozone formation. These compounds are four hydrofluoropolyethers (HFPEs) commonly known as HFE-134, HFE-236cal2, HFE-338pcc13, and H-Galden 1040X/ H-Galden ZT 130.

If an entity uses or produces any of these four HFPE compounds and is subject to the EPA regulations limiting the use of VOC in a product, limiting the VOC emissions from a facility, or otherwise controlling the use of VOC, then the compound will not be counted as a VOC in determining whether these regulatory obligations have been met. This final rule may also affect whether any of these compounds is considered a VOC for state regulatory purposes, depending on whether the state relies on the EPA's definition of VOC. The final rule is effective on March 14, 2013.

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FInal Rule On Commercial And Industrial Solid Waste Incineration

EPA has published its final decision on the reconsideration of certain aspects of the March 21, 2011, final rule "Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units" (CISWI rule). The amendments to 40 CFR part 60, subpart DDDD, are effective February 7, 2013, and to 40 CFR part 60, subpart CCCC, are effective August 7, 2013. The amendments in therule to 40 CFR part 241 are effective April 8, 2013.

EPA has denied all requests for reconsideration with respect to the final commercial and industrial solid waste incineration rule for which the agency did not previously grant reconsideration. The final action establishes effective dates for the standards and makes technical corrections to the final rule to clarify definitions, references, applicability and compliance issues.

In addition, EPA issued final amendments to the Non-Hazardous Secondary Materials rule (NHSM rule). Originally promulgated on March 21, 2011, the non-hazardous secondary materials rule provides the standards and procedures for identifying whether non-hazardous secondary materials are solid waste under the Resource Conservation and Recovery Act when used as fuels or ingredients in combustion units. The purpose of these amendments is to clarify several provisions in order to implement the non-hazardous secondary materials rule as the agency originally intended.



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Revised TSCA Requirements for Ethaneperoxoic acid, 1,1-dimethylpropyl ester

Under the Toxic Substances Control Act (TSCA), EPA is proposing to amend the significant new use rule (SNUR) for the chemical ethaneperoxoic acid, 1,1-dimethylpropyl ester, which was the subject of premanufacture notice (PMN). This action would amend the SNUR to allow certain uses without requiring a significant new use notice (SNUN), and would extend SNUN requirements to certain additional uses. EPA is proposing this amendment based on review of new toxicity test data. Comments must be received on or before February 27, 2013.

After the review of new test data subsequent to issuance of the TSCA section 5(e) consent order for the chemical and consideration of the factors included in TSCA section 5(a)(2), EPA determined that the chemical substance meets one or more of the concern criteria, but that these criteria are no longer met for the personal protective equipment, hazard communication, and specific use notification requirements. Consequently, EPA is proposing this modification to the SNUR.


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Proposed SNURs Under Toxic Substances Control Act

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for four chemical substances which were the subject of premanufacture notices (PMNs). The proposed rule would require persons who intend to manufacture, import, or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. Comments on the proposed rule must be received on or before February 22, 2013.

The chemicals subject to the proposed SNUR are:

• Pentane, 1,1,1,2,3,3- hexafluoro-4-(1,1,2,3,3,3- hexafluoropropoxy)-CAS number: 870778-34-0
• Three partially fluorinated alcohol substituted glycols (generic).

As background, Section 5(a)(2) of TSCA authorizes EPA to determine that a use of a chemical substance is a "significant new use." EPA must make this determination by rule after considering all relevant factors, including

1. The projected volume of manufacturing and processing of a chemical substance.
2. The extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance.
3. The extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance.
4. The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.

Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture, import, or process the chemical substance for that use.


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Amendment To OSHA Laboratory Practices Guidelines

The Occupational Safety and Health Administration (OSHA) has updated a non-mandatory appendix in OSHA's Occupational Exposure to Hazardous Chemicals in Laboratories Standard. This new revision addresses current laboratory practices, security, and emergency response, as well as promoting safe handling of highly toxic and explosive chemicals and their waste products. The non-mandatory appendix was revised to include the contents of the latest National Academy of Sciences publication entitled, "Prudent Practices in the Laboratory: Handling and Management of Chemical Hazards," 2011 edition. The effective date of this technical amendment to the standard is January 22, 2013.

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Federal PM Advance Program To Assist Compliance With Revised PM2.5 Air Standards

The Environmental Protection Agency (EPA) has initiated a new voluntary clean air program, 'PM Advance' to help communities continue to meet new PM2.5 air quality standards, improve air quality and protect public health.

On December 14, 2012, EPA updated the national air quality standards for PM 2.5 by revising the annual standard to 12 ug/m3. While federal rules are expected to ensure that most areas meet the new standards, areas can participate in PM Advance to help them remain in attainment. The PM Advance program is designed to help communities who meet current standards continue to meet the standards. Early work to reduce fine particles, such as PM Advance participation, can be incorporated into required planning. Through the program, participants will commit to taking specific steps to reduce fine particle pollution, such as putting in place a school bus retrofit program or an air quality action day program, while EPA will supply technical advice, outreach information, and other support.


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Final National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines

In compliance with settlement agreements, the U.S. Environmental Protection Agency (EPA) has finalized revisions to emission standards for stationary engines that generate electricity and power equipment at industrial, agricultural, oil and gas production, power generation and other facilities..

The final amendments to the 2010 “National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE)” reflect new technical information submitted by stakeholders after the 2010 standards were issued. The updates are intended to ensure that the standards are cost-effective, achievable, and protective, while continuing to provide significant emission reductions.

The amendments also specify how the standards apply to emergency engines used for emergency demand response.


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Labeling Requirements For Exported Pesticides Revised

EPA has published a final rule revising the regulations on the labeling of pesticide products and devices intended solely for export. The final rule restructures the current regulations to clarify which provisions apply under various circumstances. EPA is also increasing specificity in the regulations by requiring that people who transfer unregistered pesticide products between registered establishments operated by the same producer within the United States must also comply with the requirements of the rule if those products are intended solely for export at the time of such transfer. EPA believes that this requirement is necessary to ensure appropriate handling of such products as they move in commerce before they actually leave the United States.

This final rule is effective March 19, 2013. The compliance date for the requirement to label unregistered pesticide products intended solely for export that are being shipped between registered establishments operated by the same producer is January 21, 2014.


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PHMSA Asks For Comments On Air Transport Of Lithium Cells And Batteries

PHMSA is soliciting additional comments on the impact of changes to the requirements for the air transport of lithium cells and batteries that have been adopted into the 2013-2014 International Civil Aviation Organization Technical Instructions on the Transport of Dangerous Goods by Air (ICAO Technical Instructions), and subsequently incorporated by reference in a HMR final rule.

PHMSA is considering the long-term impacts of permitting shippers and carriers to choose between compliance with the existing HMR, or compliance with the ICAO Technical Instructions 2013-2014 edition, when transporting batteries domestically by air. ICAO Technical Instructions will allow each shipper and carrier to choose the method of compliance that is most appropriate for its operation. Each shipper and carrier will have the responsibility to ensure that the proper method of compliance is chosen for each shipment, since the chosen method may not comply with the ICAO Technical Instructions.

PHMSA is seeking comment on whether to require mandatory compliance with the 2013-2014 ICAO Technical Instructions for all shipments of lithium batteries by air, both foreign and domestic. Based on the comments received, PHMSA may issue a final rule to revise the HMR to reflect the lithium battery provisions specified in the 2013-2014 Edition of the ICAO Technical Instructions.


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Review of PVC NESHAP and MACT

In response to four petitions received for reconsideration, US EPA has provided notice that it will review the PVC NESHAP that was finalized in April 2012. The petitions identified notice and comment issues as well as several technical consistency issues with the rule.

The April 2012 final rule was issued in response to a 2008 settlement agreement with Sierra Club, MEAN, and LEAN to replace the vacated PVC MACT rule. This settlement did not include reconsideration of the existing 2007 PVC area source GACT rule. However, EPA decided to voluntarily review and revise the 2007 area source rule in conjunction with developing the major source MACT standard. Both industry and environmental petitioners have petitioned for reconsideration of the GACT analysis due to notice and comment.

EPA initiated this review in December 2012 and expects to publish a Notice of Proposed Rulemaking in November 2013.

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EPA Considers Chemical Identifiers For Minimum Risk Pesticides

EPA is proposing to more clearly describe the active and inert ingredients permitted in products eligible for the exemption from regulation for minimum risk pesticides. EPA is proposing to reorganize these lists by adding specific chemical identifiers. The identifiers would make it clearer which ingredients are permitted in minimum risk pesticide products. EPA is also proposing to modify the label requirements in the exemption to require the use of specific common chemical names in lists of ingredients on minimum risk pesticide product labels, and to require producer contact information on the label. Comments on the proposed rules must be received on or before April 1, 2013.

The primary goal of this proposal is to clarify the conditions of exemption for minimum risk pesticides by making clearer the specific ingredients that are permitted in minimum risk pesticide products. According to EPA, the existing regulatory structure leads to confusion as to which ingredients are exempt and how they should be labeled on products.


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Expansion of Lead Renovation, Repair, and Painting (RRP) Rule

In 2010, EPA issued an advance notice of proposed rulemaking concerning renovation, repair, and painting activities on and in public and commercial buildings. EPA is in the process of determining whether these activities create lead-based paint hazards. For those that do, EPA will develop certification, training, and work practice requirements as directed by the Toxic Substances Control Act (TSCA). EPA has now opened a comment period to allow for additional data and other information to be submitted by the public and interested stakeholders. Comments must be received on or before April 1, 2013. EPA plans to hold a public meeting on June 26, 2013.

As background, Title IV of TSCA was enacted to reduce lead exposures, particularly those resulting from lead-based paint. TSCA requires EPA to revise its Lead-based Paint Activities Regulations to apply to those renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings that create lead-based paint hazards. In April 2008, EPA issued the final Lead Renovation, Repair, and Painting (RRP) Rule. The RRP Rule covers renovation, repair, and painting activities in target housing, which is most pre-1978 housing, and child-occupied facilities, defined in the rule as a subset of public and commercial buildings in which young children spend a significant amount of time.

Shortly after the RRP Rule was published, several lawsuits were filed challenging the rule, asserting that EPA failed to address renovation activities in public and commercial buildings. As part of a settlement agreement, EPA agreed to commence rulemaking to address renovations in public and commercial buildings, other than child-occupied facilities. EPA has agreed to either sign a proposed rule covering renovation, repair, and painting activities in public and commercial buildings, or determine that these activities do not create lead-based paint hazards by July 1, 2015.

In addition, EPA agreed to hold a public meeting on or before July 31, 2013, and offer an opportunity for stakeholders and other interested members of the public to provide data and other information that EPA may use in making its regulatory determinations. Of particular interest to EPA for developing a proposed rule is information concerning:

1. The manufacture, sale, and uses of lead-based paint after 1978.

2. The use of lead-based paint in and on public and commercial buildings.

3. The frequency and extent of renovations on public and commercial buildings.

4. Work practices used in renovation of public and commercial buildings.

5. Dust generation and transportation from exterior and interior renovations of public and commercial buildings.


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