SDWA Compliance - New Enforcement Response Policy & Enforcement Targeting Tool

EPA is proposing a new approach for enforcement targeting under the Safe Drinking Water Act (SDWA) for Public Water Systems. The new approach is designed to identify public water systems with violations that rise to a level of significant noncompliance by focusing on those systems with health-based violations and those that show a history of violations across multiple rules, This system-based methodology is intended to ensure consistency and the integrity of the PWSS national enforcement program. The new approach includes a revised Enforcement Response Policy (ERP) and new Enforcement Targeting Tool (ETT).

The Enforcement Response Policy and Enforcement Targeting Tool re-emphasize a focus on "return to compliance" (RTC) rather than simply "addressing" a violation. The policy is intended to increase EPA's effectiveness in the protection of public health. Together the ERP and ETT will prioritize and direct enforcement response to systems with the most systemic noncompliance by considering all violations incurred by a system in a comprehensive way. The policy and tool identify priority systems for enforcement response, provide a model to escalate responses to violations; define timely and appropriate actions; and clarify what constitutes a formal action.

In general, the goal of the revised ERP and new ETT is to allow States and EPA to:

• Align public water system violations of the Safe Drinking Water Act within a prioritization that is more protective of public health;
• View public water system compliance status comprehensively;
• Ensure that both EPA and the States act on and resolve drinking water Violations;
• Recognize the validity of informal enforcement response efforts while ensuring that, if these efforts have proven ineffective, enforceable and timely action is taken;
• Ensure that EPA and the States escalate enforcement efforts based on the prioritization approach;
• Increase the effectiveness of state and federal enforcement targeting efforts by providing a "tool" that calculates comprehensive noncompliance status for all systems and identifies those systems not meeting national expectations as set by EPA.

It also provides an additional resource for identifying systems possibly in need of other State/EPA assistance in the areas of Capacity Development and Sustainability.

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

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

UST Training Requirements - New MPCA Rule 7150

On December 7, 2009, the Minnesota Pollution Control Agency (MPCA) published notification its intent to finalize amendments to State rules governing the operation of underground storage tank (UST) systems (Minnesota Rules Chapter 7150). For the most part, these amendments are being made to bring Minnesota Rules into conformance with the Federal UST requirements in Section 1524 of the Energy Policy Act of 2005.

The revised Minnesota Rules include specific training requirements for the three classes of UST system operators. Class A and B operators must pass an agency-administered examination verifying operator knowledge of the UST system with a score of 75 % or higher. Newly designated Class A and B operators must pass the agency-administered examination within 30 days after being designated by the owner or operator of the tank system.

A Class B operator must retake the examination within 30 days after a change in any of the following tank system components:
(1) tank or piping construction material;
(2) tank or piping release detection method; or
(3) type of cathodic protection system.

Current Class A and B operators must be designated and pass the initial agency-administered examination according to the following deadlines:

(1) operators at UST facilities where the facility telephone area code is 651 or 952 must pass the examination no later than August 8, 2010.
(2) operators at UST facilities where the facility telephone area code is 612 or 763 must pass the examination no later than August 8, 2011.
(3) operators at UST facilities where the facility telephone area code is 507, 218, or 320, or other area code must pass the examination no later than August 8, 2012.

Further information on environmental and EHS Training

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

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

Chemical and Water Security Act of 2009 - H.R. 2868

The House of Representatives recently passed the Chemical and Water Security Act of 2009 (H.R. 2868). The bill increases security requirements at chemical plants and drinking water and wastewater facilities by establishing risk-based security standards for these critical assets. H.R. 2868 reauthorizes the Department of Homeland Security's (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program, which is scheduled to expire October 2010. It also authorizes the EPA to establish similar security programs for drinking water and wastewater facilities.

The Chemical and Water Security Act of 2009:

• Makes the DHS CFATS program permanent. The legislation strengthens the chemical security program by requiring the review and, in some cases, the implementation of safer technologies, adding enforcement tools, and protecting the right of workers to participate in developing and implementing chemical facility security plans.
• Authorizes EPA to create a risk-based, performance-based program for the water sector similar to the one established by DHS for chemical plants.
• Requires the riskiest chemical facilities, drinking water facilities, and water treatment works to assess and, when appropriate, implement methods to reduce the consequences of a terrorist attack (also known as inherently safer technologies).
• Strengthens the enforcement of the CFATS program by allowing citizens to bring suit against the Secretary of DHS for failure to perform non-discretionary obligations.
  

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

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

OSHA Amends Hazard Communication Standard Proposed Rule

The Hazard Communication Standard proposed rule, published in the Federal Register on September 30, 2009, contained eight errors according OSHA — four in the preamble and four that appear in Appendix A: Table A.1.1, Table A.1.2, Table A.2.3, and Table A7.1.

The corrections made are:

• The “For further information contact” information has been corrected to read as follows:
  For general information and press inquiries, contact Jennifer Ashley, Office of Communications, Room N–3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–1999.
  For technical information, contact Maureen Ruskin, Directorate of Standards and Guidance, Room N–3718, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–1950.
• The net benefits OSHA expects that societal welfare will increase as a result of these standards has been changed from, over $500 million annually to over $700 million annually.
• The potential small entities affected by the proposal, based on the definitions of small entities developed by SBA for each industry, has been changed from 4,215,404 to 3,877,457.
• The estimated benefits from the proposed rule has been corrected to accurately reflect the $133 million decline annually. Originally, OSHA said that estimated benefits of the proposed rule would decline from $754 million to $610 million annually. The corrected numbers are $754 million to $621 million annually.

In Hazard Communication Standard Appendix A Table A.1.1: Acute toxicity hazard categories and acute toxicity estimate (ATE) values defining the respective categories have also been amended:

• In Appendix A, Table A.1.2: Conversion from experimentally obtained acute toxicity range values (or acute toxicity hazard categories) to acute toxicity point estimates for use in the formulas for the classification of mixtures has been corrected.
• In Appendix A, Table A.2.3: Concentration of ingredients of a mixture classified as skin Category 1 or 2 that would trigger classification of the mixture as hazardous to skin (Category 1 or 2) has been corrected.
• In Appendix A, Table A.7.1: Cut-off values/concentration limits of ingredients of a mixture classified as reproductive toxicants or for effects on or via lactation that trigger classification of the mixture has been corrected.
  

Caltha LLP provides specialized expertise to clients nationwide in the product responsibility, hazard communication, and risk management programs. For more information, go to:

Caltha HazCom, Product Responsibility Consultant Services Webpage

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

Sixty Day Rule - Minnesota Environmental Review Process

With some exceptions, Minnesota Statute 15.99 requires that an agency must approve or deny within 60 days a written request relating to some specific petitions, including

• zoning,
• septic systems,
• watershed district review,
• soil and water conservation district review, or
• expansion of the metropolitan urban service area for a permit, license, or other governmental approval of an action.

Failure of an agency to deny a request within 60 days is approval of the request. If an agency denies the request, it must state in writing the reasons for the denial at the time that it denies the request.


The “sixty day rule” (MN Statute 15.99) does not apply to projects that are going through the environmental review process. Because environmental review decisions can often take months (and in some cases years) to be reached, environmental review is one of the exceptions to the rule. The clock stops ticking on the “sixty day rule” until environmental review has been completed and, once environmental review has been completed, the clock is reset at 60 days.

Caltha LLP provides specialized expertise to Minnesota project proposers in the completion of Environmental Assessment Worksheets, Environmental Impact Statements, and Environmental Analysis required to determine Categorical Exclusion under NEPA.

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

Minnesota Environmental Review - Who is the RGU?

In Minnesota, any environmental review begins by determining what organization will serve as the Responsible Government Unit, or RGU. This includes Environmental Assessment Worksheets (EAW) and Environmental Impact Statements (EIS). Minnesota rules list what organizations serve as the RGU for all projects that must undergo some sort of mandatory review. State organizations that serve as RGUs include the Environmental Quality Board (EQB), Minnesota Pollution Control Agency (MPCA), Dept. of Natural Resources (DNR), Dept. of Transportation (MDOT) and the Dept. of Health (MDH). The Metropolitan Airports Commission (MAC) serves as the RGU for some types of airport projects. Local units of government serve as the RGU for many smaller scale projects.

If a unit of government orders some form of discretionary environmental review, that unit of government also serves as the RGU. In some instances, the EQB has the authority to change the RGU. The EQB can make this change only if the newly appointed RGU has greater expertise in analyzing the potential environmental impacts of a proposed project.

Caltha LLP provides specialized expertise to Minnesota project proposers in the completion of Environmental Assessment Worksheets, Environmental Impact Statements, and Environmental Analysis required to determine Categorical Exclusion under NEPA.

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

Safety Advisory On Transportation of Lithium Batteries

The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Aviation Administration (FAA) published a safety advisory on October 7, 2009, alerting shippers and carriers to the importance of transporting lithium batteries safely.

They issued the advisory guidance to:

• Inform persons of recent aviation incidents involving fires aboard both passenger and cargo aircraft and the potential hazards that shipments of lithium batteries may present while in transportation,
• Provide information concerning the current requirements for the transportation of lithium batteries, and
• Inform persons of the actions they have taken to date and plan to take in the future to address the hazards of these batteries.
  

The Hazardous Materials Regulations, or HMR, (49 CFR parts 171-180) include requirements for packaging, hazard communication, and handling lithium batteries. The HMR also impose additional restrictions on the transport of lithium batteries in the air mode, including a limited prohibition on the transport of lithium metal batteries as cargo on board passenger aircraft. Additionally, damaged, defective, or recalled lithium batteries (including those being returned to the manufacturer as part of a safety recall) should not be transported aboard aircraft.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental and hazardous material rules, developing material handling procedures, and preparing cost-effective management programs.

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