Registration Of Water Withdrawals In Wisconsin Due June 30

The Wisconsin Department of Natural Resources (WDNR) has announced that industrial water users that exceed specific thresholds will need to register with the State by June 30, 2011. All industries that withdraw 100,000 gallons or more of water per day, or 70 gallons or more per minute, from any water source, are required to register with the WDNR. The registration requirement applies to both existing and new withdrawals from either surface or groundwater sources. This requirement also applies to industries that only make temporary withdrawals. Each property that meets the registration threshold must be registered separately

Registered withdrawals will need to measure or estimate the volume of water withdrawn every month and report that information to the WDNR each year by March 1. WDNR intends to send reminders of the annual reporting requirements and the process for submitting the information.

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

Metal Fabrication And Finishing NESHAP Compliance Summary

New Federal air regulations for nine metal fabrication and finishing source categories (40 CFR Part 63 Subpart XXXXXX, or “6X”) will take effect soon. All metal fabrication and finishing operations subject to the rules will need to submit formal notifications and be in compliance by July 25, 2011.

The NESHAP applies only to area sources where the primary activity of the facility is in one of the following nine source categories:

(1) Electrical and Electronic Equipment Finishing Operations (including motor and generator manufacture, and electrical machinery, equipment, and supplies, not elsewhere classified);
(2) Fabricated Metal Products;
(3) Fabricated Plate Work (Boiler Shops);
(4) Fabricated Structural Metal Manufacturing;
(5) Heating Equipment, except Electric;
(6) Industrial Machinery and Equipment Finishing Operations (including construction machinery manufacturing; oil and gas field machinery manufacturing; and pumps and pumping equipment manufacturing);
(7) Iron and Steel Forging;
(8) Primary Metal Products Manufacturing; and
(9) Valves and Pipe Fittings.

The regulation contains requirements for five specific processes, listed below. The requirements only apply when a process uses materials that contain specified metal compounds. Low level use of these metals in the processes may be exempt.
• Dry Abrasive Blasting
• Dry Grinding and Dry Polishing with Machines
• Dry Machining
• Spray Painting
• Welding

The regulation requires periodic emissions monitoring for some operations. There also are reports that facilities must submit.
• Initial Notification – due by July 25, 2011
• Notification of Compliance Status report – due by November 22, 2011 and,
• Annual certification and compliance reports.

Caltha LLP provides specialized expertise to clients, including the Metal Fabrication Sector, 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

EPA Revokes TSCA Confidential Business Information CBI For Certain Chemicals

U.S. Environmental Protection Agency has made public the identities of more than 150 chemicals contained in 104 health and safety studies that had previously been claimed confidential by industry. For these 104 studies, the chemical identity will no longer be redacted. The chemicals involved are used in dispersant formulations and consumer products such as air fresheners, non-stick and stain resistant materials, fire resistant materials, nonylphenol compounds, perfluorinated compounds, and lead.

In 2010, EPA requested that the industry voluntarily declassify unwarranted claims of confidential business information (CBI). The agency also issued new guidance outlining plans to deny confidentiality claims for chemical identity in health and safety studies under the Toxic Substances Control Act (TSCA). Based on this guidance, EPA notified a number of companies in February 2011 that the agency had determined that their CBI claim was not eligible for confidential treatment under TSCA and that EPA intended to make the information public. The health and safety studies include some declassified by the agency and other voluntary declassifications by companies in response to EPA’s 2010 request.

In addition to these actions, EPA has recently taken other steps to make chemical information more readily available. The agency has provided the public with free access to the consolidated TSCA Inventory on the EPA and Data.Gov websites. EPA also launched a new chemical data access tool gives the public the ability to electronically search EPA’s database of more than 10,000 health and safety documents on a wide range of chemicals.

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

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Suspension Of TSCA Inventory Update Reporting IUR

EPA has passed a final rule amending the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) regulations by suspending the next IUR submission period. This final rule is effective May 11, 2011. The IUR requires manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances.

In the Federal Register of August 13, 2010, EPA published proposed modifications to the IUR regulations. EPA is suspending the next submission period to allow additional time to finalize the proposed modifications to the IUR regulations, and to avoid finalizing changes to the reporting requirements in the midst of the 2011 submission period. EPA expects to finalize, in the near future, changes to the IUR reporting requirements which will supersede this action.

This rule potentially affects manufacturers (including manufacture as a byproduct) or importers of chemical substances listed on the TSCA Inventory. EPA amended 40 CFR 710.53 to suspend the next submission period within which manufacturers and importers must report IUR data to EPA.

The IUR final rule had established June 1, 2011 to September 30, 2011, as the second of a series of recurring submission periods for the IUR. The current action suspends the second IUR submission period, which is the next IUR submission period. Thus, the submission of IUR data for the next submission period will be neither required nor accepted until the suspension has been lifted or superseded by subsequent EPA action. This is needed due to the length of time which has been necessary to complete work on the proposed modifications and to avoid finalizing changes to the reporting requirements in the midst of the 2011 submission period. This is a one-time suspension of the next submission period only, and it does not alter the timing of subsequent submission periods.

Agency expects, in a final rule, to establish the next applicable submission period and supersede the suspension that the current action puts in place. EPA is completing work on the proposed rule and expects to promulgate a final rule addressing IUR modifications in the near future.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, including TSCA compliance, 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

Plan To Certify Pesticide Applicators in Indian Country

EPA has proposed a program to certify applicators of restricted use pesticides (RUPs) in Indian Country located within EPA Region 8 (covering Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming). RUPs are potentially hazardous chemicals that require special training and techniques to be used safely. Federal law requires that EPA approve the certification of all RUP applicators, including those who work in Indian Country. Although most states are delegated to implement their own certification programs, currently most of Indian Country is not covered by a certification mechanism. To fill this gap, EPA has issued a "Proposed Federal Plan for Certification of Applicators of Restricted Use Pesticides within Region 8 Indian Country".

Under the proposed plan, RUP applicators will need to apply for a federal certificate on the date that the plan becomes final. The Plan will allow private applicators to become certified by applying directly to EPA by showing proof of training and completing a questionnaire, or by providing a copy of a valid state, tribal or federal certification from an area that is contiguous with the reservation boundary. Commercial applicators can provide a copy of a valid state, tribal, or federal certification from an area that is contiguous with the reservation boundary.

EPA is accepting comments on the proposed restricted use pesticide certification program through June 6, 2011.

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

New DfE Safer Product Labeling Standards

U.S. Environmental Protection Agency (EPA) has announced that more than 2,500 products are now authorized by the agency under its Design for the Environment (DfE) Safer Product Labeling Program to carry the DfE label. DfE-labeled products do not contain known chemicals of potential concern, including minor product components, like dyes and fragrances. EPA has also announced that it soon will require manufacturers with products that bear the DfE logo to disclose their ingredients to consumers. Products that carry the DfE label include all-purpose cleaners, laundry and dishwasher detergents, drain line maintainers, car and boat care and other products.

EPA is also implementing a requirement that new DfE-labeled products list all ingredients (other than trade secrets) on the product label or in another easily accessible location. New DfE-approved products also will have to meet additional life-cycle requirements such as sustainable packaging and limits on volatile organic compounds. The new disclosure and life-cycle requirements will be phased in for existing DfE products.

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 Exemption of Milk From SPCC Rule 40 CFR 112

The U.S. Environmental Protection Agency (EPA) has exempted milk and milk product containers from the Oil Spill Prevention, Control and Countermeasure (SPCC) rule, potentially saving the milk and dairy industries more than $140 million per year. Based on input from the milk industry, EPA had previously delayed SPCC compliance requirements for milk and milk product containers until the mandated regulatory process could be completed. In January 2009, EPA proposed the rule to exempt milk containers from the SPCC rule. Milk production is already subject to certain construction and sanitary standards and requirements that help prevent spills.

The final exemption applies to milk, milk product containers, and milk production equipment. In addition, because some of these facilities may still have oil storage subject to the spill prevention regulations, EPA is also amending the rule to exclude milk storage capacity from a facility’s total oil storage capacity calculation. The agency is also removing the compliance date requirements for the exempted containers.

The SPCC regulations require facilities with the capacity to store more than the threshold quantity of oils and fats to create and implement plans to prepare, prevent and respond to spills. The current exemption for milk does not apply to fuel oil and other applicable oils stored on farms; farms that store above the regulatory threshold of fuel oil and other applicable oils are covered under the SPCC.

Caltha LLP provides specialized expertise to clients nationwide in the preparation and certification of SPCC Plans, development of emergency preparedness & response plans, and preparation of stormwater pollution prevention programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website