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Regulatory ·Manage and Minimize Toxic Wastes and Hazardous Materials·April 2006 Regulatory
MARCH 2007 Submitted by: Doug Shelburne Shelburne Environmental Management, Inc. (502) 241-9785 On March 22, 2007, EPA issued its annual Toxics Release Inventory (TRI) report, which provides details about the amount of toxic chemicals released into the air, discharged into water, placed on the land or underground, and disposed of as waste by facilities across the country. The data made available are for releases that took place during 2005. More than 23,400 facilities nationwide reported to EPA’s TRI program in 2005. These facilities reported 4.34 billion pounds of on-site and off-site disposal or other releases of nearly 650 toxic chemicals. Over 88 percent of the total was disposed of or otherwise released on-site; almost 12 percent was sent off-site for disposal or other releases. Nationally, total reported TRI releases increased from 4.2 billion pounds in 2004 to 4.3 billion pounds in 2005. This slight increase represents the first annual increase in reported releases since 2000. Annual changes are not unusual. A number of possible reasons for the increase include: production increases, fluctuations in the content of raw materials used in particular industries or changes in releases at large facilities that impacts the national data. This year’s data shows that progress is being made in reducing releases of several chemicals of special concern. For example, between 2004 and 2005 dioxin releases decreased by 23 percent and mercury releases fell by nine percent. In addition, several individual industries have made significant progress in reducing releases. Petroleum refining releases dropped 10 percent, transportation equipment registered a six percent decrease and chemical manufacturing cut releases by four percent.
DOT has changed its definition of flammable liquid to liquids that have a flashpoint of less than or equal to 140F. Combustible liquids have a flash point greater than 140F and less than 200F. The basic shipping description of a hazardous material may now be written with the identification number listed first. On January 1, 2013 it will become mandatory.
In December 2006, EPA finalized a rule to amend the Spill Prevention, Control, and Countermeasure (SPCC) rule at 40 CFR Part 112. Proposed in December 2005, the final rule amendments streamline the requirements for the owners/operators of qualified facilities with aboveground oil storage capacities of 10,000 gallons or less and certain containers and equipment regulated under the rule.
To provide incentives for reduced air toxic emissions, EPA is proposing to amend what are known as the "General Provisions" to its air toxics standards. The proposed amendment would encourage industrial facilities to reduce air toxics emissions so they are no longer considered a "major source" of air pollution. Major sources have the potential to emit more than 10 tons per year of a single toxic air pollutant or 25 tons per year of any combination of toxic air pollutants. If a source emits less than these amounts, they are called an area source. The proposed amendment would allow a major source to become an area source at any time by limiting its potential to emit toxic air pollutants to below the major source thresholds. The limit would be enforced through a permit. Once a major source becomes an area source, it would be subject to an area source standard if there is one for that industry.
The final TRI Rule announced December 18, 2006 expands eligibility for use of the Form A Certification Statement (Form A) in lieu of the more detailed Form R by TRI facilities submitting required annual reports on releases and other waste management. This rule provides incentives for facilities to improve environmental performance by eliminating or reducing releases and managing remaining wastes using preferred methods such as recycling and treatment. The Department of Labor's Occupational Safety and Health Administration (OSHA) announced publication of its new "It's The Law" poster. The OSHA poster, also known as the OSHA notice of employee rights, is required to be displayed in every workplace in America. The current edition of the OSHA poster is still valid; employers are not required to replace their existing poster with the new version. The poster informs employers and employees of their rights and responsibilities for a safe and healthful workplace.
OSHA published a final rule for an updated electrical installation standard. Changes to OSHA's general industry electrical installation standard focus on safety in the design and installation of electric equipment in the workplace. The updated standard includes a new alternative method for classifying and installing equipment in Class I hazardous locations; new requirements for ground-fault circuit interrupters (GFCIs) and new provisions on wiring for carnivals and similar installations. The final rule updates the general industry electrical installation requirements to the 2000 edition of the NFPA 70E, which was used as the foundation of the revised standard. The final rule also replaces the reference to the 1971 National Electrical Code in the mandatory appendix to the powered platform standard with a reference to OSHA's electrical installation standard. A new Environmental Defense report finds that diesel locomotive air pollution is linked to about 3,400 premature deaths and other serious health effects every year, and calls on EPA to protect human health by issuing overdue clean air standards. Environmental Defense's report, "Smokestacks on Rails: Getting Clean Air Solutions for Locomotives on Track," examines diesel train pollution nationally and in Baltimore, Chicago, Dallas-Ft. Worth, Detroit, Houston-Galveston and Los Angeles. Most of the trains in America today are powered by diesel engines. Diesel exhaust contains particulate matter, a deadly form of air pollution that's linked to lung cancer and other respiratory problems. Diesel exhaust also contains smog-forming oxides of nitrogen, sulfur dioxide, which falls back to earth as acid rain, and greenhouse gases that contribute to global warming.
In 2004, the EPA announced plans to issue proposed national locomotive emission standards in 2005 and to such standards by mid-2006. But EPA has failed to act. Environmental Defense's new report calls on the EPA to fulfill its public commitment and strengthen clean air standards for these high polluting "smokestacks on rails."
AUGUST 2006 Submitted by:
Doug Shelburne
Kentucky asks EPA to Remove Louisville-Area Counties from Ozone Standard 'Non-attainment' List
On June 15, 2006, a new method for determining closure levels for Indiana petroleum contaminated sites
Review of Air Toxics Standards for Synthetic Organic Chemical Manufacturers
• EPA issued the air toxic standard for synthetic organic chemical manufacturers, known as the
• The HON standards reduce air toxic emissions by approximately 440,000 tons per year from process • EPA has identified 238 facilities covered by the HON.
• The Clean Air Act now requires EPA to assess the risk remaining after application of the 1994
• Also at this time, EPA must review and revise, as necessary, the 1994 standards by taking into
• The risk assessment found that after application of the 1994 standards, the chronic cancer,
• EPA is proposing two options for amending the 1994 standards. These options are based on the risk
• Today’s action announces EPA’s co-proposal and requests public comments on the proposed
• A 60-day comment period will begin at the date of publication of the proposal in the Federal
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