TSCA Inventory Update Rule IUR Reporting Year Begins

On January 1, a new TSCA Inventory Update Rule (IUR) reporting year began. Although reports will not be submitted until 2011, manufacturers and importers need to be collecting the necessary data to be able to submit their IUR report for 2010.

Every five years, companies that either manufacture or import chemicals or mixtures of chemicals on the “TSCA List” must report their activities. The reporting requirement, referred to as the “Inventory Update Rule”, or IUR, is only one of several requirements in the Toxic Substances Control Act (TSCA) enacted in 1985. The IUR requirements are the most broadly applicable of all the TSCA requirements.

Historically, compliance with TSCA and the IUR requirements has been a continuing challenge for facilities. It is somewhat speculation to project why on-going TSCA compliance tends to be more difficult; however, there are some factors which may be an influence:

• IUR reporting is required infrequently.
• There is no State equivalent to TSCA.
• Importers of chemicals are equivalent to manufacturers of chemicals.
• Effect of centralized/decentralized purchasing.

For more information on the IUR, including a flow chart to determine if the Rule applies to your operations, go to:

TSCA Inventory Update Rule Regulatory Briefing

Caltha LLP provides specialized expertise to clients nationwide in the development of straighforward TSCA IUR tracking procedures and preparing TSCA IUR reports.

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

2010 EH&S Regulatory / CHMM Overview Workshop - Environmental Training

Course Dates: March 17 through March 19, 2010
Course Location: Bloomington, Minnesota

The North Star Chapter of the Academy of Certified Hazardous Materials Managers (now "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:
2010 Regulatory / CHMM Overview Workshop

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

Final Hazardous Waste Import - Export - Shipment Rules

The U.S. Environmental Protection Agency has published its final rule to align EPA hazardous waste import/export/transit shipment regulations with the procedures of the Organization for Economic Cooperation and Development (OECD), an international consortium that comprises 30 countries including the United States.

Specifically, this rule revises:

1. Existing RCRA regulation regarding the transboundary movement of hazardous wastes for recovery among countries belonging to the OECD to conform to legally required revisions made by the OECD, such as:

- requiring U.S. recovery facilities to submit a certificate after recovery of the waste has been completed,
- adding provisions to ensure that hazardous wastes are returned to the country of export in a more timely and documented manner when it is necessary to do so, and
- adding new procedures for imported hazardous wastes that are initially managed at U.S. accumulation and transfer facilities to better track and document that subsequent recovery by a separate recycling facility is completed in an environmentally sound manner.

2. RCRA regulations for spent lead-acid batteries (SLAB) to add export notification and consent requirements to provide stricter controls and greater transparency for exports of SLABs to any country, and should ensure that the batteries are sent to countries and reclamation facilities in those countries that can manage the SLABs in an environmentally sound manner.

3. Hazardous waste import-related requirements for U.S. hazardous waste management facilities to confirm individual import shipments comply with the terms of EPA’s consent. and

4. The address to which export exception reports are to be sent.

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

Wisconsin Lead Renovation, Repair and Painting Rule

Beginning April 22, 2010, contractors nationwide who perform renovation activities in residential homes and child-occupied facilities built before 1978 must be certified and follow specific lead-safe work practices to prevent lead contamination.

While this new requirement will apply nationwide under the U.S. Environmental Protection Agency’s (EPA) 2008 Lead Renovation, Repair and Painting Rule, Wisconsin recently passed an emergency administrative rule adopting the EPA requirements at the state level. As a result, contractors performing renovation activities in Wisconsin will be required to obtain certification through the Wisconsin Department of Health Services (WDHS), instead of the EPA. Wisconsin is the first state to receive federal approval to enforce the new EPA standards at the state level. Wisconsin’s emergency rule is expected to be finalized April 2010.

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

NDEQ Environmental Permits Now Require Proof of Legal Status

The Nebraska Department of Environmental Quality (NDEQ) now requires that applicants for environmental permits (air emissions, wastewater, stormwater, etc) provide an attestation form certifying that they are in the U.S. legally.

On April 8, 2009, the Governor signed into law Legislative Bill 403 (LB 403). This law (effective October 1, 2009) requires state agencies to verify the lawful presence in the United States of any person who has applied for public benefits that are administered by that agency. For the purposes of the law, public benefits are defined to mean “any grant, contract, loan, professional license, commercial license . . . or any other similar benefit” provided by a governmental agency. This includes the professional certifications, permits, and approvals issued by the NDEQ.

Applications for State issued permits must include the Attestation Form. Failure to complete and submit the Attestation Form will delay processing of the application.

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

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