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OSHA Focusing on Increase in Worker Fatalities

OSHA is seeking to stem a recent increase in workplace fatalities in Kansas, Missouri, and Nebraska. The Agency has seen an increase in fatalities associated with falls, struck-by objects and vehicles, machine hazards, grain bin engulfment, and burns. In 2017, OSHA launched its “Safe + Sound Campaign,” urging employers to develop and implement a safety and health program that includes management leadership, worker participation, and a systematic approach to finding and fixing hazards. So far, the campaign has received commitments from 198 organizations. “OSHA has investigated 34 fatalities in these three states since Oct. 1, 2017,” said OSHA Regional Administrator Kim Stille. “Working together with employers, unions, and employees, we can reduce these incidents. By implementing and sustaining workplace safety and health programs we can help employees avoid preventable injuries and fatalities. The agency has additional resources available to help employers of all sizes identify workplace hazards and eliminate them.” Safety and health programs help reduce the numbers of workplace injuries and illnesses, and improve the bottom line. OSHA’s “Recommended Practices for Safety and Health Programs” offers practical advice on how an organization can create and integrate safety and health programs. To ask questions, obtain compliance assistance, or file a complaint, call OSHA’s hot-line at 800-321-OSHA (6742). Hazardous Waste Training

Perform the heaviest, most labor-intensive work during the coolest part of the day.

Use the buddy system (work in pairs) to monitor the heat.

Drink plenty of cool water (one small cup every 15 to 20 minutes).

Wear light, loose-fitting, and breathable clothing (such as cotton).

Take frequent short breaks in cool, shaded areas – allow your body to cool down.

Avoid eating large meals before working in hot environments.

Avoid caffeine and alcoholic beverages (these make the body lose water and increase the risk of heat illnesses).

To help those suffering from heat exhaustion:

Move them to a cool, shaded area. Do not leave them alone.

Loosen and remove heavy clothing.

Provide cool water to drink (a small cup every 15 minutes) if they are not feeling sick to their stomach.

Try to cool them by fanning them. Cool the skin with a spray mist of cold water or a wet cloth.

If they do not feel better in a few minutes, call 911 for emergency help.

You can calculate the heat index using the federal OSHA heat stress app for mobile phones: https://www.osha.gov/SLTC/heatillness/heat_index/heat_app.html. North Florida Shipyard Cited for Safety Violations Following Employee Drowning OSHA has cited North Florida Shipyards Inc., a shipbuilding and repair company, after an employee suffered fatal injuries at its Commodores Point facility in Jacksonville, Florida. The shipyard faces $271,061 in proposed penalties. The worker drowned after a pressured air manifold struck him and knocked him into the St. Johns River. OSHA has cited the employer for safety violations, including exposing employees to being struck-by, drowning, amputation, caught-in, and electrical hazards; allowing scuba divers to be unaccompanied by another diver; and failing to ensure machine guarding. “As this case demonstrates, it is important for employers to identify existing hazards, and follow required safety procedures to protect workers from serious injuries,” said OSHA Jacksonville Acting Area Office Director Buddy Underwood. Marine Cargo Handling Company Cited for Fatal Forklift Accident at Port of San Diego Cal/OSHA has issued citations to marine cargo handler SSA Pacific Inc. for willful and serious safety violations following the investigation of a fatal forklift accident at the Port of San Diego. On January 3, a longshoreman was driving a forklift into a transit shed when he collided with a concrete support column and suffered fatal injuries after being thrown from the forklift. Cal/OSHA’s investigation found that the employee was not wearing a seatbelt and that the forklift had multiple safety devices disabled, including a seatbelt warning buzzer and mast interlock system designed to disconnect power from the hydraulic lift when the operator is unseated. “Forklift safety and training of operators must be taken seriously,” said Cal/OSHA Chief Juliann Sum. “Employers must ensure that seat belts are used and that safety devices such as warning systems to ensure seat belt use are not altered.” Cal/OSHA issued six citations totaling $205,235 in proposed penalties to SSA Pacific Inc., a division of Seattle-based international marine cargo handler SSA Marine. The citations issued included four serious violations for the employer’s failure to ensure that forklift operators use seatbelts, properly maintain and inspect forklifts, ensure operators were effectively trained and for improperly altering forklift safety features. A general violation was cited for the employer’s failure to establish and maintain an effective heat illness prevention plan. SSA Pacific was also issued a citation for a willful-serious violation as the employer failed to ensure workers perform a forklift safety check at the beginning of each shift and report unsafe conditions, a violation the company was cited for in 2016 following an accident inspection at the Port of Long Beach. The incident in 2016 occurred when two workers improperly attempted to lift a 15-ton forklift from the hatch of a ship with a crane. One worker was hospitalized overnight for injuries to his ribs and lungs when he was pinned by the mast of the running forklift. A citation is classified as willful when evidence indicates that the employer committed an intentional and knowing violation, or was aware that a hazardous condition existed and made no reasonable effort to eliminate it. A citation is classified as serious when there is a realistic possibility that death or serious harm could result from the actual hazard created by the violation. Forklift safety requirements are summarized on page 65 of Cal/OSHA’s Pocket Guide for the Construction Industry. Safety News Links Worker Safety Rules Are Among Those Under Fire in Trump Era Drinking Coffee Can Make You Live Longer Two Amputations a Week: the Cost of Working in a Meat Plant Open Offices are as Bad as They Seem Senate Votes to Repeal Labor Laws That Safeguarded Vulnerable Workers Walking Drunk Can be Deadly Chemical Spill Reported at FedEx Facility Protect Your Lungs from Wildfire Smoke This post OSHA Focusing on Increase in Worker Fatalities appeared first on Environmental Resource Center.

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Could Air Conditioning Make Things Worse?

As climate change continues to push summer temperatures ever higher, the increased use of air conditioning in buildings could add to the problems of a warming world by further degrading air quality and compounding the toll of air pollution on human health, according to a new study.

Writing in a special climate change issue of the journal Public Library of Science (PLOS) Medicine, a team of researchers from the University of Wisconsin-Madison forecasts as many as a thousand additional deaths annually in the Eastern United States alone due to elevated levels of air pollution driven by the increased use of fossil fuels to cool the buildings where humans live and work.

“What we found is that air pollution will get worse,” explains David Abel, the lead author of the new report and a UW-Madison graduate student in the Nelson Institute for Environmental Studies’ Center for Sustainability and the Global Environment. “There are consequences for adapting to future climate change.”

The analysis combines projections from five different models to forecast increased summer energy use in a warmer world and how that would affect power consumption from fossil fuels, air quality and, consequently, human health just a few decades into the future.

In hot summer weather, and as heat waves are projected to increase in frequency and intensity with climate change, there is no question that air conditioning does and will save lives, says Jonathan Patz, a senior author of the study and a UW-Madison professor of environmental studies and population health sciences.

However, he cautions that if the increased use of air conditioning due to climate change depends on power derived from fossil fuels, there will be an air quality and human health tradeoff. “We’re trading problems,” says Patz, an expert on climate change and human health. “Heat waves are increasing and increasing in intensity. We will have more cooling demand requiring more electricity. But if our nation continues to rely on coal-fired power plants for some of our electricity, each time we turn on the air conditioning we’ll be fouling the air, causing more sickness and even deaths.”

Another senior author of the new PLOS Medicine report, air quality expert Tracey Holloway, a UW-Madison professor of environmental studies as well as atmospheric and oceanic sciences, says the study adds to our understanding of the effects of adapting to climate change by simulating the scope of fossil fuel use to cool buildings under future climate change scenarios. Buildings, she notes, are the biggest energy sinks in the United States, responsible for more than 60% of power demand in the Eastern United States, the geographic scope of the study. Air conditioning, she says, is a significant component of that electrical demand.

“Air quality is a big issue for public health,” she explains, noting that increases in ground-level ozone and fine particulate matter in the air – byproducts of burning fossil fuels and known hazards to human health – will be one result of adding to fossil-fuel power consumption.

The study forecasts an additional 13,000 human deaths annually caused by higher summer levels of fine particulate matter and 3,000 caused by ozone in the Eastern U.S. by mid-century. Most of those deaths will be attributable to natural processes like atmospheric chemistry and natural emissions, which are affected by rising temperatures. However, about 1,000 of those deaths each year would occur because of increased air conditioning powered by fossil fuel. “Climate change is here and we’re going to need to adapt,” says Abel. “But air conditioning and the way we use energy is going to provide a feedback that will exacerbate air pollution as temperatures continue to get warmer.”

The results of the new study, according to the Wisconsin team, underscore the need to change to more sustainable sources of energy such as wind and solar power, and to deploy more energy-efficient air conditioning equipment. “The answer is clean energy,” says Abel. “That is something we can control that will help both climate change and future air pollution. If we change nothing, both are going to get worse.”

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When Oil and Water Mix

Hydraulic fracturing of organic-rich shales has become a major industry. The commonly used term for this extraction of hydrocarbons — fracking — is especially intriguing. Not only does it convey the process of breaking apart rocks, but the dividing of public opinion. Fracking is simultaneously hyped as a boon to the economy and a disaster to the environment.

The geoscience community lies at ground zero for discussions of fracking. This broad and diverse group of people on the one hand understands commonalities in basic earth science, but on the other hand includes the fascinating juxtaposition of individuals propelling development and extraction, and individuals monitoring and constraining deleterious impacts. As a consequence, an acknowledged problem amongst many in the geosciences has been the lack of balanced discussions on the merits and demerits of fracking.

In their new paper for GSA Today, Daniel J. Soeder and Douglas B. Kent bridge chasms in discussions of fracking by providing a current paper summarizing environmental impacts of shale development. The article is open access, adheres to science and policy, and presents a complex problem such that even non-geoscientists can appreciate the issues. The paper provides an excellent understanding and a platform of how various potential impacts of fracking are being addressed.

China Recycling Shift an Opportunity for Minnesota

China’s recent shift in policy regarding recyclable material has many state and local governments reexamining how they manage a growing influx of plastics, glass, and other recyclables. But in Minnesota, the situation is not as dire; in 2016, nearly 2.5 million tons of recyclable materials were collected in the state. State and local regulations prohibit material collected for recycling to be put in landfills, and Minnesota is not landfilling recyclables now.

In the past, China and other foreign markets took in about 40% of the United States’ recycled material. China is now restricting these imports. Consequently, domestic markets are flooded with materials that can’t be sold overseas, and prices haves plummeted.

U.S. recycling programs can no longer look to foreign countries as major buyers of our recyclables and must develop domestic markets for these materials. Minnesota has an opportunity to be a leader in such markets, as we are seeking to increase the number of businesses that use recycled materials.

Minnesota’s public and private sectors have made strategic investments in recycling over the past 30-plus years. Public-sector grants and loans go to companies that use recycled materials to manufacture products. Minnesota facilities that process recycled materials have prioritized state-of-the-art sorting equipment. Focusing on local use of materials in manufacturing wherever possible has created economic development opportunities around the state.

Recycling is not just a feel-good thing; it has an economic impact. More than 260 Minnesota companies use recycled materials to manufacture their products. They employ about 18,000 people and generate approximately $3.2 billion in wages and $665 million in federal and local tax revenue.

Minnesotans wondering about shifting world markets need to stay the course — keep recycling but recycle right. While Minnesotans do better than most parts of the country at proper recycling, unrecyclable materials in recycling containers is still a huge problem. Recycled materials that are contaminated with trash and the like create inefficiencies and reduce profitability for recycling facilities.

How can you help?

Avoid wish-cycling — only include materials your hauler will accept in your bin. Don’t just throw it in and assume a processing facility will sort it out!

Check with your city, county or waste hauler on which items are acceptable.

Don’t put plastic bags, garden hoses, toys, syringes, or diapers in your recycling container.

Do not use your recycling bin as a garbage overflow.

For more recycling tips for residents and businesses, visit the Minnesota Pollution Control Agency’s Recycle More webpage.

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Exposure to Solvents, Paint Linked to Increased Risk of MS

People who have been exposed to paint, varnish and other solvents and who also carry genes that make them more susceptible to developing multiple sclerosis (MS) may be at much greater risk of developing the disease than people who have only the exposure to solvents or the MS genes, according to a study published in the July 3, 2018, online issue of Neurology®

, the medical journal of the American Academy of Neurology.

People with exposure to paint or other solvents are 50% more likely to develop MS than people with no exposure. People with exposure to solvents who also carry the genes that make them more susceptible to MS are nearly seven times as likely to develop the disease as people with no solvent exposure who do not carry the MS genes.

For people who have been smokers, the risk is even greater. Those who have been smokers with solvent exposure and the MS genes are 30 times more likely to develop MS than those who have never smoked or been exposed to solvents and who do not have the genetic risk factors.

“These are significant interactions where the factors have a much greater effect in combination than they do on their own,” said study author Anna Hedström, MD, PhD, of the Karolinska Institutet in Stockholm, Sweden. “More research is needed to understand how these factors interact to create this risk. It’s possible that exposure to solvents and smoking may both involve lung inflammation and irritation that leads to an immune reaction in the lungs.”

For the study, researchers identified 2,042 people who had recently been diagnosed with MS in Sweden and matched them with 2,947 people of the same age and sex. Blood tests were used to determine whether the participants had two human leukocyte antigen gene variants, one of which makes people more likely to develop MS and the other reduces the risk of MS. The participants were also asked whether they had been exposed to organic solvents, painting products or varnish and whether they had ever been a smoker.

In the group with neither of the MS genes and no smoking or exposure to solvents, there were 139 people with MS and 525 people without the disease. In the group with the MS genes and exposure to solvents but no smoking, there were 34 people with MS and 19 people without the disease. In the group with MS genes and exposure to solvents and smoking, there were 40 people with MS and five people without the disease.

The researchers determined that the MS genes and exposure to solvents combined were responsible for an estimated 60% of the risk of developing MS.

“How this cocktail of MS genes, organic solvents and smoking contributes so significantly to MS risk warrants investigation,” said Gabriele C. DeLuca, MD, DPhil, of the University of Oxford in the United Kingdom and a member of the American Academy of Neurology, in an accompanying editorial. “In the meantime, avoiding cigarette smoke and unnecessary exposure to organic solvents, particularly in combination with each other, would seem reasonable lifestyle changes people can take to reduce the risk of MS, especially in people with a family history of the disease.”

One limitation of the study was that participants were asked to remember any exposure they had to solvents, so it is possible that they may not have remembered correctly.

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Compliance Date for Some Provisions of the Beryllium Standard Extended to August 9

OSHA has announced a delay in enforcing certain requirements of the final rule on occupational exposure to beryllium in general industry. These requirements will not be enforced until August 9, 2018.

The requirements include beryllium work areas, regulated work areas, methods of compliance, personal protective clothing and equipment, hygiene areas and practices, housekeeping, communication of hazards, and recordkeeping.

On June 1, 2018, OSHA published a Notice of Proposed Rulemaking to further extend the compliance dates of the remaining requirements until December 12, 2018.

On May 11, 2018, OSHA began enforcing the permissible exposure limits for the construction and maritime industries, as well as other requirements of the general industry standard. However, the Agency will not enforce any other provisions for beryllium exposure in those standards unless it provides notice. Certain compliance dates outlined in the rule remain unchanged. Enforcement of the general industry requirements for change rooms and showers will begin March 11, 2019, and requirements for engineering controls will begin March 10, 2020.

How Vibrations in Cars Make Drivers Sleepy

With about 20% of fatal road crashes involving driver fatigue, RMIT University researchers hope their findings can be used by manufacturers to improve car seat designs to help keep drivers awake.

Professor Stephen Robinson said the effects of physical vibration on drivers were not well understood, despite growing evidence that vibration contributes to feelings of sleepiness.

“We know 1 in 5 Australians have fallen asleep at the wheel and we know that drowsy driving is a significant issue for road safety,” Robinson said.

“When you’re tired, it doesn’t take much to start nodding off and we’ve found that the gentle vibrations made by car seats as you drive can lull your brain and body.

“Our study shows steady vibrations at low frequencies—the kind we experience when driving cars and trucks—progressively induce sleepiness even among people who are well rested and healthy.

“From 15 minutes of getting in the car, drowsiness has already begun to take hold. In half an hour, it’s making a significant impact on your ability to stay concentrated and alert.

“To improve road safety, we hope that future car seat designs can build in features that disrupt this lulling effect and fight vibration-induced sleepiness.”

Led by chief investigators Associate Professor Mohammad Fard and Professor Stephen Robinson, the research team tested 15 volunteers in a virtual simulator that replicates the experience of driving on a monotonous two-lane highway. The simulator was set up on a platform that could be vibrated on different frequencies, with the volunteers tested twice—once with vibrations at low frequencies (4-7Hz) and once with no vibration.

The tiredness induced by vibration makes it psychologically and physiologically harder to perform mental tasks, so the body’s nervous system activates to compensate, leading to changes in the heartbeat.

By looking at the volunteers’ heart rate variability (HRV), researchers were able to gain an objective measure of how drowsy they were feeling as the 60-minute test progressed. Within 15 minutes of starting the vibrating test, volunteers were showing signs of drowsiness. Within 30 minutes, the drowsiness was significant, requiring substantial effort to maintain alertness and cognitive performance.

The drowsiness increased progressively over the test, peaking at 60 minutes.

Associate Professor Mohammad Fard said more work was needed to build on the findings and examine how vibrations affected people across different demographics.

“We want to study a larger cohort, particularly to investigate how age may affect someone’s vulnerability to vibration-induced drowsiness as well as the impact of health problems such as sleep apnea,” he said.

“Our research also suggests that vibrations at some frequencies may have the opposite effect and help keep people awake.

“So we also want to examine a wider range of frequencies, to inform car designs that could potentially harness those ‘good vibrations’.”

The cross-disciplinary RMIT research team brought together expertise in human body vibration and automotive engineering, sleep physiology and virtual reality from the schools of Engineering, Health and Biomedical Sciences, and Media and Communication.

The paper, “The Effects of Physical Vibration on Heart Rate Variability as a Measure of Drowsiness,” (lead author PhD researcher Neng Zhang), was published this month in the journal Ergonomics.

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New Hazardous Waste Manifest Now Required

EPA has launched the new e-Manifest system nationwide on June 30, 2018. Beginning immediately, you will have the option to create manifests electronically, or you will be able to continue to use paper manifests. A slightly modified 5-part paper manifest was also introduced for use beginning on June 30. The e-Manifest system allows for three types of hazardous waste manifest creation options:

Paper (generator, transporter, and receiving facility all sign on 5-part paper manifest)

Hybrid (starts as 5-part paper manifest signed by the generator and then is signed electronically by the transporter and receiving facility)

Electronic (created in e-Manifest and electronically signed by all entities listed on the manifest)

If you have not already done so, you can register for e-Manifests with your site’s existing EPA ID number at: https://www.epa.gov/e-manifest. Generators remain responsible for the content of the manifest, however they can authorize others, such as brokers, waste transporters, or consultants to enter the data and sign the manifest on their behalf. EPA has encouraged each generator to assign two Site Managers, who could then authorize other users to view, create, and/or sign manifests electronically. Starting now, all manifests, whether paper or electronic, will be submitted by the receiving facility to EPA via the Agency’s e-Manifest system. There will be several ways to submit manifests to EPA, ranging from mailing conventional paper to full electronic delivery. Receiving facilities will pay a fee that varies based on how the manifest is submitted.

The new manifest must be used for:

RCRA federal hazardous waste

Regulated PCB waste shipped on a manifest

State-regulated hazardous waste (if a manifest is required by origination or destination state)

Very Small Quantity Generator waste (if, as noted below, a manifest is required by the state)

Imported hazardous waste

Unless required by your state, the e-Manifest is not required for wastes that did not require hazardous waste manifesting in the past, such as:

Very Small Quantity Generators (formerly Conditionally Exempt Small Quantity Generators)

Used Oil

Universal Waste

Medical Waste

Non-hazardous Waste

You will be able to use the new e-manifest system to meet EPA’s 3-year manifest recordkeeping requirements. However, if your site does not create an e-Manifest account, you will be unable to view manifests in EPA’s e-manifest system and therefore you should make arrangements with the receiving waste treatment, storage, disposal, or recycling facilities to obtain paper copies of completed manifests so that you can meet your requirement to keep manifest copies from the destination facility for at least three years. EPA has indicated that the Agency is evaluating whether enhanced security measures are needed for data regarding certain acute hazardous wastes. In the interim, EPA will be working directly with impacted receiving facilities on specific procedures related to those manifests. EPA recently also indicated that it would grant receiving facilities extra time to submit paper manifests in the initial months after system launch to further support industry implementation. Facilities that receive manifested waste between June 30, 2018 and September 1, 2018 will now have until September 30, 2018 to send those paper manifests to EPA. Many states will no longer require hazardous waste generators to mail copies of the new paper (or e-manifest) to the state. Check with your state environmental agency to determine if this applies to you. Hazardous Waste Training

Green infrastructure upgrades or retrofits

Installation of solar arrays on closed landfills, cleaned-up brownfield sites,

Wastewater treatment facilities, sites zoned for industrial use, or solar canopies on residential and commercial parking facilities

Installation of solar arrays on an existing structure not listed on the National or State Register of Historic Places

Reuse of a residential or commercial structure, or structure containing mixed residential and commercial uses

Acquisition and dedication of parkland

Land transfers in connection with one, two or three family housing

Construction and operation of certain anaerobic digesters at operating publicly owned landfills.

DEC’s updates to SEQR were subject to one of the most extensive stakeholder outreach campaigns in agency history and were designed to address concerns shared by a wide range of stakeholders while still maintaining SEQR’s purpose of protecting the public and the environment. In addition to a full public scoping process for the draft EIS, DEC held 11 stakeholder meetings with representatives from the business community, environmental groups, and local governments over two years. DEC received more than 280 comments from the public after the proposed regulations were released in 2017. The final rules will be available on DEC’s website and noticed in both the Environmental Notice Bulletin and the State Register on July 18. DEC expects to release an updated SEQR Handbook and SEQR workbooks later this year to reflect the regulatory changes that take effect on January 1, 2019. In addition, DEC will provide training for lead agencies to ensure they understand the changes to the SEQR process. Oil and Gas Wastewater on the Road Could Mean Health and Environment Woes A truck kicking up dust as it speeds down a dirt road is a typical image in country music videos. But this dust from unpaved roads is also an environmental and health hazard. To prevent dust clouds, some states treat dirt motorways with oil and gas wastewater. Now one group reports in Environmental Science & Technology that this wastewater contains harmful pollutants that have the potential to do more harm than good. According to the DOT, 34% of roads in the U.S. are unpaved. These unpaved roads contribute to almost half of the annual airborne particulate matter emissions — such as dust, dirt and soot — in the U.S., potentially causing respiratory and cardiovascular issues. In an attempt to prevent these health effects, road managers spread products on these roadways to suppress dust. Almost 200 different dust suppressants, mostly chloride salts or salt brine products that form a coating or help particles aggregate, are available. But these suppressants can be too costly in regions where budgets are tight, so many municipalities turn to a free alternative: salty oil and gas (O&G) wastewater produced from well operations. While O&G wastewater is good for a township’s bottom line, there are concerns about contaminants leaching from it into the environment. So William D. Burgos and colleagues wanted to evaluate the potential environmental and human health impacts of this practice. The spreading of O&G wastewater on roads is permitted in at least 13 states, with significant spreading activity occurring in Ohio and Pennsylvania. The team studied O&G wastewater spread on roads and found them to contain salt, radioactivity and organic contaminant concentrations above their respective drinking water standards. These substances can be harmful to humans and aquatic life. In lab simulations, nearly all of the metals from these wastewaters leached out after simulated rain events, but metals such as radium – which is radioactive and a known carcinogen — and lead were partially retained on roadways. The researchers speculate that the radium that did leach could end up in nearby bodies of water. The group proposes that establishing wastewater standards and treatment guidelines for O&G wastewaters spread on roads could help reduce the potential environmental impacts of this practice. Read more on New Hazardous Waste Manifest Now Required.

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Safety Fourth

On the Fourth of July, we celebrate the adoption of the Declaration of Independence and the founding of our nation. Fireworks and food are mainstays of many celebrations, but both can be dangerous if not handled safely. Fireworks On the 4th many Americans will continue the long tradition of lighting up the night with fireworks. The S.C. Department of Health and Environmental Control has encouraged everyone to put safety first if they are participating in any firework activities. “Thousands of people are treated in emergency departments for injuries sustained from fireworks,” said Neal Martin, program coordinator of DHEC’s Division of Injury, and Violence Prevention. “You cannot take safety for granted when it comes to fireworks.” Fireworks-related injuries are preventable. They range from minor and major burns to fractures and amputations. In South Carolina, the most common fireworks-related injuries are burns and open wounds to the hands, legs, head, and eyes. “Fireworks are exciting to see this time of year, but they are dangerous when misused not only for the operator but also for bystanders and nearby structures,” said Bengie Leverett, Public Fire Education Officer at the Columbia Fire Department. “Everyone is urged to use extreme precaution when using the devices.” The best way to prevent fireworks injuries is to leave fireworks displays to trained professionals. However, if you still want to light up fireworks at home, keep these safety tips in mind:

Observe local laws. Many jurisdictions require both individuals and organizations to be licensed. If you’re unsure whether it is legal to use fireworks, check with local officials.

Monitor local weather conditions. Dry weather can make it easier for fireworks to start a fire.

Store fireworks in a cool, dry place.

Always read and follow directions on each firework.

Only use fireworks outdoors, away from homes, dry grass, and trees.

Always have an adult present when shooting fireworks.

Ensure everyone is out of range before lighting fireworks.

Keep a bucket of water or a garden hose handy in case of fire or other mishap.

Light fireworks one at a time and keep a safe distance.

After fireworks complete their burning, douse them with plenty of water from a bucket or hose before discarding it to prevent a trash fire.

Never:

Point or throw fireworks at another person.

Re-ignite malfunctioning fireworks.

Experiment or attempt to make your own fireworks.

Give fireworks to small children.

Carry fireworks in your pocket.

Aside from making sure your family and friends stay safe, it’s also important to protect our furry friends. Pets should be kept safely inside the house to avoid additional stress and the possibility of lost pets (who escape fencing to run from fireworks). Dogs who are fearful of fireworks should be isolated in rooms that provide the most soundproofing from the loud noises of fireworks going off. Make sure that your pets have proper, current, visible identification in case they escape during the fireworks. Also, never take your pets to firework shows. OSHA encouraged the fireworks and pyrotechnics industry to protect workers from hazards while manufacturing, storing, transporting, displaying, and selling fireworks. OSHA offers information on common hazards and solutions, including safety posters for workplaces. Food Safety Fire up the grill, whip up the potato salad, and know how to keep food safe. Whether you’re grilling out, packing a picnic, or getting a snack together to eat while you watch fireworks, there are some simple steps you can take that will reduce the chance of getting a foodborne illness. “One food safety essential is making sure food is at the proper temperature, whether it’s cooking it to the right temperature on the grill, or keeping it cold,” said Illinois Department of Public Health Director Nirav D. Shah. “There is something called the ‘Danger Zone,’ when food sits at a temperature between 40ºF and 140ºF, which is when bacteria grow most rapidly. Keeping food at the proper temperature, making sure there is no cross-contamination, and keeping hands and utensils clean are key to avoiding foodborne illness.” It can be difficult to keep food cold during the summer, especially while traveling. One tip to help keep your cooler below 40ºF is to pack beverages in one cooler and food in another. Chances are the cooler with the beverages will be opened much more frequently, causing the temperature inside the cooler to fluctuate, which would be bad news for food. Food should also be separated in the cooler: raw meat and poultry should be separate from fruits, vegetables, cheeses, salads, and even cooked foods. This will help avoid cross contamination. The juices of raw meat can mingle with foods that are ready to eat and you could end up with a Salmonella sandwich instead of a hamburger on a bun. And make sure the cooler is in the shade and out of the direct sun. This will help keep the temperature below 40ºF. Whether you’re cooking on the grill or in a kitchen, make sure food reaches the proper temperature. And don’t just eyeball the color of the meat. That doesn’t always indicate the level of doneness. Use a meat thermometer:

145°F – whole cuts of beef, pork, lamb, and veal

145°F – fish

160°F – hamburgers and other ground beef

165°F – all poultry and pre-cooked meats, like hot dogs

Make sure to use clean utensils and a clean plate when you take food off the grill. Using the same utensils and plate that you did for the raw meat could add an unintended E.coli marinade to your food. Chances are, if you’re outside, you’ve touched something dirty – playground equipment, baseball, lake water, etc. If there is not running water and soap to wash your hands where you’re going, don’t forget to bring the hand sanitizer. Clean your hands before preparing food and eating. Once you’ve had your fill, it’s time to chill. Make sure all leftovers are refrigerated or put on ice within two hours after cooking, or one hour if the temperature is above 90°F. Don’t let that potato salad bake in the sun and become a source of sickness. More food safety tips or information about foodborne illnesses and symptoms can be found on the Centers for Disease Control and Prevention website. Hazardous Waste Training

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New Guidance on TSCA Reporting

EPA has issued guidance to improve transparency with the public and with companies seeking Agency review of their new chemical substances under the Toxic Substances Control Act (TSCA). The guidance, titled “Points to Consider When Preparing TSCA New Chemical Notifications,” promotes early engagement and communication, and enhances overall understanding of EPA’s technical review and analysis to better move chemicals through the evaluation process.

“Through early engagement with industry and by being clear and specific about what information we require from them in their new chemical submission, we increase manufacturers’ certainty, improve submissions, and get new, safer chemicals on the market faster and more efficiently,” said EPA Administrator Scott Pruitt.

TSCA requires anyone who plans to manufacture (including import) a new chemical substance to provide EPA with notice before initiating the activity. This notice is known as a premanufacture notice (PMN). The guidance provides the general public, including new chemical submitters, with important information on:

General guidance relating to new chemical notices;

Preparation of pre-manufacture notices (PMNs), Significant New Use Notices (SNUNs), and exemption notices;

EPA scientific approaches used in conducting PMN assessments; and

Best practices.

EPA has incorporated comments from a December 2017 public meeting and feedback received on a November 2017 draft of the document. EPA expects that use of this guidance will result in more robust submissions to the Agency.

EPA encouraged companies to contact EPA’s new chemicals program to set up a pre-submission (or pre-notice) meeting before submitting their PMN. The pre-submission meeting is an opportunity to discuss the planned new chemical submission and to understand the Agency’s approach to reviewing new chemicals for potential risks early in the process.

Hazardous Waste Training

Study Finds Natural Gas Climate Advantage Nixed by Methane Loss

Methane leakage from the U.S. oil and natural gas supply chain is 60% higher than EPA estimates, according to a new study (Science 2018 DOI: 10.1126/science.aar7204).

The impact of the leakage is significant particularly in the short term because methane, a powerful greenhouse gas, has more than 80 times the climate warming potency of carbon dioxide over the first 20 years in the atmosphere.

A multi-institution effort led by Ramón A. Alvarez of the Environmental Defense Fund, the study attempted to resolve wide differences in methane emissions estimates. The researchers coupled ground-based, facility-specific measurements with aircraft observations in nine basins that account for some 30% of U.S. gas production.

The study found that methane loss is 2.3% of gross U.S. natural gas production. Natural gas has been touted as cleaner in terms of climate impact than coal when burned to generate electricity. However, the study concludes that over those first 20 years after emission, natural gas loses its climate advantage since the impact of methane leakage equals the climate benefit of substituting natural gas for coal. Most of the newly identified leaks came from natural gas production operations, particularly leaks from vents and hatches in tanks holding hydrocarbon liquids.

Electronic DMRs Required for MSGP Stormwater Permittees in Texas

Starting Sept. 1, 2018, Multi-Sector General Permit (MSGP) discharge monitoring reports (DMRs) must be submitted electronically using the NetDMR system, unless the permittee requests and obtains an electronic reporting waiver. Only facilities who obtain a waiver will be allowed to continue submitting paper DMRs after Sept. 1, 2018.

Samples for MSGP DMRs must be collected before Dec. 31, 2018, and the sampling results must be reported to the TCEQ by March 31, 2019. Permittees are required to submit MSGP DMRs for:

Facilities in sectors A, C, D, E, J, O, and S, and;

Facilities in all sectors required to meet numeric effluent limits for hazardous metals, when sample results indicate an exceedance of any constituent listed.

The TCEQ may grant a Temporary Waiver from the electronic reporting rule in limited cases. If you are unable to report electronically, you can submit a Request for Electronic Reporting Waiver form (TCEQ-20754). A separate waiver form is required for each permit or authorization. Waiver forms may also be obtained by contacting the Stormwater Permitting Program at 512-239-3700.

To submit your DMRs electronically, you must access the NetDMR system through the EPA’s Central Data Exchange (CDX). Please visit the NetDMR Support Portal webpage to find information on how to create an account. Facilities can also contact EPA’s eReporting help desk at 1-877-227-8965, or send an email to [email protected] to receive assistance with creating a CDX account.

If you have questions, call the Small Business and Local Government Assistance hotline at 1-800-447-2827 or visit TCEQ’s website to learn more about Monitoring and Reporting Stormwater Discharges from Industrial Facilities.

Rethinking Recycling

Recycling plastic water bottles has never been more convenient, with bins available almost everywhere. Although Americans are recycling in record numbers, millions of tons of plastic trash continue to accumulate in the environment. Solving this problem will require new solutions for breaking plastics down and reusing them, according to a three-part cover story in Chemical & Engineering News (C&EN), the weekly news magazine of the American Chemical Society.

Globally, only about 14% of plastic packaging is collected for recycling, writes Assistant Editor Sam Lemonick. And of the plastic that does get recycled, most ends up in a lower-quality product than the starting material. Current recycling technology mechanically shreds, melts and reforms plastic, which partially degrades the polymers and reduces quality. Scientists are trying to develop new recycling methods that use chemical or biological approaches.

On the chemical side, some researchers are identifying new reactions to break down plastics to make the building blocks for new polymers and other high-value products. Others are working on making new types of plastics that degrade easily, writes Lemonick. According to Senior Correspondent Carmen Drahl, still others are looking at biological approaches, such as plastic-munching microbes and worms. Although some media outlets have exaggerated the usefulness of these organisms – most are very slow, inefficient and degrade only the most fragile plastics – researchers are making progress in this field. However, they face many challenges, such as identifying the critters’ enzymes that break down plastic, producing large quantities, and making them faster and more efficient through biotechnology.

New CT Law on Climate Change Resiliency and Renewable Energy

Governor Dannel P. Malloy held a bill signing ceremony in Hartford to commemorate the final passage of two pieces of legislation he introduced that will further Connecticut’s role as a national leader in environmental protection and put the state on a more sustainable path by decreasing statewide greenhouse gas emissions and increasing the usage of renewable energy.

“The time to act is now,” Governor Malloy said. “The effects of climate change, which is unquestionably man-made, can be felt in Connecticut and poses a threat to our residents. Rising sea levels are putting our coastal communities in harm’s way. While President Trump, EPA Administrator Pruitt, and their Republican allies in Washington roll back critical environmental protections, Connecticut is stepping up. These two new laws demonstrate, once again, Connecticut’s determination and leadership in combating climate change to keep our planet and residents safe, all while still being economically advantageous.”

“I applaud Governor Malloy and Commissioner Klee for their tireless work to better prepare the state for the impacts of a changing climate,” Lt. Governor Nancy Wyman said. “National leadership requires continued effort, and these bills will ensure Connecticut’s ongoing progress to mitigate greenhouse gas emissions and reduce our impact on the climate.”

“In his farewell address to the nation, President Obama called for bolder action to address the issue of climate change,” Department of Energy and Environmental Protection Commissioner Rob Klee said. “With the passage and signing of these two transformational pieces of legislation, Connecticut is taking that bolder action. While the current federal administration continues to deny human induced climate change as real, it is incumbent upon states to take action. For the sake of future generations to follow, I encourage other states to look at what we have done as a state and follow our lead.”

The environmental bill – Public Act 18-82, An Act Concerning Climate Change Planning and Resiliency – contains a number of provisions to reduce greenhouse gas emissions and prepare the state for the ongoing effects of climate change and sea level rise, including:

Implementing an interim target to reduce greenhouse gas emissions 45 percent from a 2001 baseline by 2030 as recommended by the Governor’s Council on Climate Change;

Updating current statutory references to sea level rise to reflect the Connecticut Institute for Resilience and Climate Adaptation’s (CIRCA) planning recommendation of nearly two feet by 2050; and

Requiring all future state projects located in the Coastal Boundary that are either undertaken by a state agency or funded by a state/federal grant or loan to meet CIRCA’s projections.

The energy bill – Public Act 18-50, An Act Concerning Connecticut’s Energy Future, takes bold action in the development and deployment of affordable clean energy by:

Increasing the Renewable Portfolio Standard to 40 percent to deploy more renewables of all sizes for all customers;

Creating “successor” programs for commercial, industrial and residential programs to provide sustainable growth of renewables in Connecticut with the expiration of programs such Low-Emission Renewable Energy Credits, Zero-Emission Renewable Energy Credits, and Solar Home Renewable Credits;

Expanding opportunities for municipalities, state agencies, and agricultural customers to deploy renewables under an auction structure;

Revising net metering so Connecticut pays a more affordable rate per kilowatt-hour basis; and

Creating a statewide shared clean energy program that targets low moderate income customers.

EPA Decides No New Spill Reporting Rules are Needed

There are thousands of hazardous substance spills from industrial facilities each year that are not subject to any hazardous substance spill prevention rules, according to United States Coast Guard data. Health effects from exposure to these hazardous substances are experienced disproportionately by residents of low-income neighborhoods and communities of color, where facilities that manufacture, store, and use hazardous substances tend to cluster.

EPA Administrator Scott Pruitt signed a proposed rule that, if finalized, would impose no new regulatory requirements under the Clean Water Act (CWA) section 311(j)(1)(C) authority for CWA hazardous substances discharges prevention. EPA determined that additional regulatory requirements for CWA hazardous substances are unnecessary and would impose undue burden on approximately 100,000 facilities in the U.S. already subject to the existing framework.

In July 2015, the Environmental Justice Health Alliance (EJHA), People Concerned About Chemical Safety and the Natural Resources Defense Council (NRDC) sued the EPA for failing to prevent hazardous spills from onshore and offshore vessel facilities. In February 2016, EPA agreed to a court-ordered settlement to propose “hazardous substance spill-prevention rules” for industrial vessel sites by June 2018 and to issue a final rule in 2019. Last fall, EPA proposed requesting information from states about state-level spill-prevention regulations, the frequency of hazardous substances spills, and the effects of those spills. EPA never finalized its request for that information.

This proposed action in the June 25 Federal Register is in response to the consent decree by addressing a statutory requirement in CWA section 311(j)(1)(C) and provides an opportunity for public notice and comment on EPA’s proposed approach.

“After engaging the public and analyzing the best available data, EPA believes that additional regulatory requirements for hazardous substances discharges would be duplicative and unnecessary,” said EPA Administrator Scott Pruitt. “If finalized, the proposed rule would give the regulated community the clarity and certainty they need to continue to uphold the law and ensure the nation’s waterways are protected.”

U.S. Senator Tom Carper (D-Del.), issued the following statement in response to the proposal:

“Not only does President Trump want to drill off the coast of Delaware, his EPA now wants to make it even less safe to do so. Delaware is home to 28 miles of coastline that includes beautiful beaches and businesses that are the backbone of our state’s economy – from fishing, to tourism and recreational activities, all of which depend on a healthy coast. Delaware’s beaches alone bring in $6.9 billion each year and support 10 percent of our state’s workforce. An oil spill off our coast would be devastating to both the health of our waters and our economy.

“We all remember the Deepwater Horizon disaster, and we saw that oil spills do not respect state boundaries. A spill anywhere along the East Coast is a threat to Delaware’s coast. Today’s decision is a reminder that those who don’t know history are doomed to repeat it.

“This is more of the same from an EPA Administrator who time and time again dismisses the law and sides with polluters over the health and safety of the American people. The EPA should honor the court order issued to it, which called on the agency to propose rules that would prevent devastating oil spills and protect vulnerable coastal communities and the public’s health.”

EPA will consider all relevant comments received during a 60-day comment period following publication in the Federal Register.

Read more on New Guidance on TSCA Reporting.

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Coffee Helps Teams Work Together, and It Doesn’t Have to be Labeled as a Carcinogen

Good teamwork begins with a cup of coffee for everyone. Researchers found that people gave more positive reviews for their group’s performance on a task – and their own contribution – if they drank caffeinated coffee beforehand. This is especially good to know, now that California no longer requires carcinogen warnings for coffee.

A second study showed that people talked more in a group setting under the influence of caffeinated coffee – but they also were more on-topic than those who drank decaf.

Coffee seems to work its magic in teams by making people more alert, said Amit Singh, co-author of the study and a doctoral student in marketing at The Ohio State University’s Fisher College of Business.

“We found that increased alertness was what led to the positive results for team performance,” Singh said. “Not surprisingly, people who drank caffeinated coffee tended to be more alert.”

Singh conducted the study with Vasu Unnava and H. Rao Unnava, both formerly at Ohio State and now with the Graduate School of Management at the University of California, Davis. The study appears online in the Journal of Psychopharmacology.

While many studies have looked at how caffeine affects individual performance, this is the first to examine the impact it has on teams, Singh said.

The first study involved 72 undergraduate students who said they were coffee drinkers. They were instructed not to drink coffee before the experiment. Half of them first participated in what they were told was a coffee-tasting task. They were split into groups of five. After drinking a cup of coffee and rating its flavor, they were given 30 minutes of filler tasks to give the caffeine a chance to kick in. The other half of the participants did the coffee tasting at the end of the experiment.

Each group then read about and were asked to discuss a controversial topic – the Occupy movement, a liberal movement that highlighted social and economic inequality. After a 15-minute discussion, group members evaluated themselves and the other group members. Results showed that those who drank the coffee before the discussion rated themselves and their fellow team members more positively than did those who drank coffee after the discussion, Singh said.

The second study was similar, except that 61 students all drank coffee at the beginning of the study. However, half drank decaf and the others drank caffeinated brew.

Those who drank caffeinated coffee rated themselves and their fellow group members more positively than those who drank decaf. It had to do with alertness. All participants rated how alert they felt at the end of the study, and those who drank the caffeinated coffee rated themselves as more alert than the others.

A key finding was that people who rated themselves as more alert – whether they drank caffeinated coffee or not – also tended to give higher marks to themselves and their fellow group members. This suggests that any intervention that increases alertness (such as exercise) may also produce similar results, which the authors propose in the paper as a future research topic.

“We suspect that when people are more alert they see themselves and the other group members contributing more, and that gives them a more positive attitude,” Singh said.

But the caffeine does more than just increase good feelings. The researchers did an analysis of the group discussion in the second study, rating how much each group member talked and stayed on topic.

Results showed that people tended to talk more after drinking caffeine, but they also tended to stay more on topic. “They’re talking about more relevant things after drinking caffeinated coffee,” he said. One might think that if people are talking more about a controversial topic like the Occupy movement, that may cause friction in the group. But that’s not what the study suggests.

People who drank caffeinated coffee were more likely than those who drank decaf to say they would be willing to work with their group again. “Even though they are talking more, agreeing and disagreeing, they still want to work with them again,” Singh said. “Coffee didn’t seem to make group discussions too uncomfortable and disagreeable.”

Hazardous Waste Training

Protect Outdoor Workers from Heat

Cal/OSHA reminded employers to protect their outdoor workers from heat illness and to encourage their workers to take preventative cool-down breaks in the shade as temperatures rise.

“During heat waves, employers must closely observe their employees for signs and symptoms of heat illness,” said Cal/OSHA Chief Juliann Sum. “As always, workers should be encouraged to drink water frequently and take preventative cool-down rest breaks in the shade when they feel the need to do so.”

California’s heat illness prevention regulation, which acts as a good model for employers in all states, requires employers with outdoor workers to take the following four steps to prevent heat illness:

Plan – Develop and implement an effective written heat illness prevention plan that includes emergency response procedures.  

Training – Train all employees and supervisors on heat illness prevention.  

Water – Provide drinking water that is fresh, pure, suitably cool and free of charge so that each worker can drink at least 1 quart per hour and encourage workers to do so.  

Shade – Provide shade when workers request it and when temperatures exceed 80 degrees. Encourage workers to take a cool-down rest in the shade for at least five minutes. They should not wait until they feel sick to cool down.  Cal/OSHA urges workers experiencing possible overheating to take a preventative cool- down rest in the shade until symptoms are gone. Workers who have existing health problems or medical conditions that reduce tolerance to heat, such as diabetes, need to be extra vigilant. Some high blood pressure and anti-inflammatory medications can also increase a worker’s risk for heat illness.  

In addition to the other requirements outlined in California’s heat illness prevention regulation, it is crucial that supervisors are effectively trained on emergency procedures in case a worker does get sick. This helps ensure sick employees receive treatment immediately and that the symptoms do not develop into a serious illness or death.

Cal/OSHA’s Heat Illness Prevention special emphasis program, the first of its kind in the nation, includes enforcement of heat regulations as well as multilingual outreach and training programs for California’s employers and workers. Online information on heat illness prevention requirements and training materials are available on Cal/OSHA’s Heat Illness Prevention web page and the Water. Rest. Shade. campaign site. A Heat Illness Prevention e-tool is also available on Cal/OSHA’s website.

Risk of Rhabdomyolysis in Firefighters

Four new NIOSH publications describe the risk for rhabdomyolysis in wildland and structural firefighters. Both wildland firefighting and structural fire response and training involve exposure to heat and prolonged, intense exertion, which can increase firefighters’ risk for rhabdomyolysis. Elements of fire response and training associated with an increased risk of rhabdomyolysis include carrying heavy loads such as turnout gear and packs; high levels of exertion while rescuing victims or carrying heavy loads over rugged terrain; and rigorous training and physical fitness tests. Rhabdomyolysis, the breakdown of muscle tissue, can be caused by overheating, overexertion, crush injury, and certain medications, supplements, or medical conditions. NIOSH described rhabdomyolysis in a 2016 health hazard evaluation report regarding the potential risk of rhabdomyolysis and heat-related illness in cadets and instructors participating in firefighter training courses.

“When muscle cells die, their contents of electrolytes and proteins are released into the bloodstream, which can result in potentially life-threatening conditions affecting the heart and kidneys,” the report states.

According to NIOSH, healthcare providers can prevent debilitating consequences of rhabdomyolysis. The agency urges providers and others to be alert to wildland and structural firefighters who report signs and symptoms of rhabdomyolysis. Healthcare providers should suspect rhabdomyolysis in firefighters with heat-related illnesses and dehydration, muscle pain, or exercise intolerance. NIOSH’s new publications are also intended to help wildland and structural firefighters recognize the signs and symptoms of rhabdomyolysis and urge them to seek immediate medical attention if they are not feeling well.

At the request of a fire department, NIOSH recently conducted a health hazard evaluation regarding the potential risk of rhabdomyolysis and heat-related illness in cadets and instructors participating in firefighter training courses. Rhabdomyolysis, the breakdown of muscle tissue, can be caused by overheating, overexertion, crush injury, and certain medications, supplements, or medical conditions. “When muscle cells die, their contents of electrolytes and proteins are released into the bloodstream, which can result in potentially life-threatening conditions affecting the heart and kidneys,” the HHE report states.

The training was conducted four days a week and consisted of classroom lectures as well as outdoor physical training and live fire suppression exercises in full protective gear.

During the on-site visit in August 2012, NIOSH staff conducted a four-day evaluation, provided a questionnaire to 32 participants regarding work and medical history and health symptoms, and measured the body temperature and heart rate of 22 participants. NIOSH staff also monitored fluid intake, analyzed blood markers for dehydration and muscle breakdown, measured environmental conditions and body weight before and after each training day, and asked participants about their knowledge of rhabdomyolysis.

The evaluation revealed one person with rhabdomyolysis. NIOSH also found that environmental conditions often exceeded heat stress limits, and at some point during the evaluation week, many participants met the agency’s criteria for excessive heat strain. Sixteen participants experienced muscle breakdown but did not require medical attention. The evaluation noted that in most participants, levels of markers for dehydration and muscle breakdown decreased from the beginning and end of each training day. This suggested the firefighters remained appropriately hydrated.

The evaluation found that participants had no knowledge of rhabdomyolysis and its symptoms. “Participants noted that educational information should cover what rhabdomyolysis is, signs and symptoms, diagnostic criteria, and the necessity for immediate evaluation and medical treatment to prevent permanent damage,” the report says. “Participants mentioned that materials must clearly state that without proper medical treatment, rhabdomyolysis can cause permanent disability or death.”

NIOSH recommended the employer begin scheduling physically demanding activities during cooler parts of the day and training courses during cooler months, and educating all firefighters about the signs, symptoms, and dangers of heat-related illness and rhabdomyolysis. In addition, NIOSH recommended employees learn more about the signs and symptoms of rhabdomyolysis and other heat-related illnesses, alert a supervisor immediately if the signs or symptoms occur, drink plenty of fluids and take rest breaks, and talk to their healthcare provider about increased risk for rhabdomyolysis due to the type of job performed.

States Sue Manufacturers of Firefighting Foam

New York Attorney General Barbara D. Underwood and Governor Andrew M. Cuomo announced a lawsuit against 3M and five other companies to recoup at least $38 million in costs incurred by the State in cleaning up environmental contamination caused by toxic chemicals in their products. The suit alleges that the use of firefighting foams made by the companies at military and civilian airports in Newburgh and New Windsor, Southampton, Plattsburgh, and Rome resulted in extensive contamination of soil, fish, and water by perfluorooctane sulfonic acid/perfluoroctane sulfonate (PFOS) and perfluorooctanoic acid/perflurooctanoate (PFOA). The suit charges that the companies are liable under state law for the contamination caused by their products, based on their conduct manufacturing and marketing products with defective designs, inadequate warning of product dangers, and the creation of a public nuisance.

PFOA and PFOS contamination of the environment, and particularly drinking water supplies, is a problem associated with firefighting and firefighting training at and military and civilian airports across the nation. The action, filed in Albany Supreme Court, is the first-ever lawsuit brought by a state against the makers of firefighting products containing PFOA and PFOS to recover costs incurred in the cleanup of releases of these dangerous chemicals from airports into the environment.

“The conduct of these manufacturers caused widespread contamination of our drinking water and our environment – and jeopardized the health of tens of thousands of New Yorkers,” Attorney General Underwood said. “My office will hold these companies accountable for endangering the health of New Yorkers, including forcing them to fully repay the state for cleaning up the toxic mess they created.”

“As state experts continue to investigate contamination caused by firefighting foams, New York is working to end the dangerous practices that threaten our natural resources,” Governor Cuomo said. “By taking necessary legal action against these companies, we are sending a clear message that we will do everything in our power to protect New Yorkers.”

The six companies named in the suit – 3M Company, Tyco Fire Products LP, Chemguard, Inc., Buckeye Fire Equipment Company, National Foam, Inc., and Kidde-Fenwal, Inc. – allegedly designed, manufactured, marketed, and sold foams used for firefighting and firefighting training at Stewart Air National Guard Base and Stewart International Airport (Newburgh and New Windsor), Francis S. Gabreski Airport (Southhampton), former Plattsburgh Air Force Base (Plattsburgh), and former Griffiss Air Force Base (Rome). These firefighting foams contained PFOA or PFOS or compounds that degrade into PFOA and/or PFOS. The foams contained these chemicals to aid in extinguishing flammable liquid fires common to aircraft-related accidents.

3M began developing firefighting foams containing PFOS in the early 1960s, and sold products containing PFOS and/or PFOA to the federal Department of Defense (DOD) through at least 2000. The suit alleges that the other five companies also sold products containing PFOA and PFOS, or compounds that break down into them, to the DOD.

The suit further alleges that, by the 1970s, all of the companies knew or should have known that PFOA and PFOS were mobile and persistent in the environment, accumulated in fish and other wildlife, and could be linked to severe harms to fish, wildlife, and people. In fact, in April 2006, 3M agreed to pay a penalty of more than $1.5 million to EPA for its failure to disclose studies dating back decades that confirmed the potential hazards of these chemicals to public health and the environment, among other things.

The suit alleges that the use of the companies’ products, as intended, at the four military and civilian airports resulted in the release of PFOA and PFOS into the surrounding environment and communities, contaminating drinking water, surface water, soil, and fish. For example, sampling by the New York State Department of Environmental Conservation (DEC) found concentrations of PFOA and PFOS in Lake Washington – a waterbody one mile southeast of Stewart Air Base and Stewart Airport and the primary drinking water supply for the City of Newburgh – as high as 282 parts per trillion (ppt). The federal Environmental Protect Agency’s current public health advisory for drinking water recommends that concentrations of PFOA and PFOS, either singularly or combined, not exceed 70 ppt. The toxic chemicals were found by DEC in groundwater at Gabreski Airport, former Plattsburgh Air Force Base, and former Griffiss Air Force Base at concentrations as high as 65,830; 1,045,000; and 61,233 ppt, respectively.

DEC Commissioner Basil Seggos said, “When New York’s precious natural resources are threatened, the responsible parties must be held accountable and the public should be compensated for the damage. Today’s legal action further cements Governor Cuomo’s legacy as a national champion for the environment and a fierce protector of public health.”

Department of Health Commissioner Dr. Howard Zucker said, “Only through our own diligence do we now know that the very products used decades ago to promote public safety, contained chemicals that pose a threat to public health. Today’s legal action further cements Governor Cuomo’s legacy as a national champion for the environment and a fierce protector of public health.”

The DEC and the State Department of Health (DOH) have worked and continue to work together to investigate and respond to the PFOA and PFOS contamination released from the four airports. Among other things, DEC or DOH have tested public and private drinking water sources, groundwater, wildlife, and other resources in the surrounding areas for contamination. Consistent with the results, the DOH has issued a “catch and release” advisory to warn people about contaminated fish. DEC has also provided water treatment systems for public or private drinking sources, and bottled water or connections to uncontaminated drinking water sources for several communities. The agencies have also communicated with members of affected communities through public notices, public hearings, and door-to-door home visits when appropriate. DOH also has, when appropriate, offered blood sampling for people living in some affected communities.

To date, the state’s response to PFOA and PFOS contamination from the four airports has cost an estimated $38,982,200, and these costs are likely to continue to grow. The suit filed today alleges that 3M and the other companies’ role in this environmental contamination violated state law, including the marketing of defective products, inadequate warnings of product dangers, and the creation of a public nuisance. The suit asks the court to find the companies liable and require them to reimburse the state for at least the $38,982,200 in costs that it has incurred thus far in cleaning up the contamination. Further, the suit asks the court to award the state punitive damages against the companies in an amount to be determined at trial.

Attorney General Underwood thanked the DEC, DOH, and the State Department of Transportation for their assistance in this case. The matter is being handled for Attorney General Underwood by Assistant Attorneys General Philip Bein and Matthew J. Sinkman and Environmental Scientist John D. Davis. The Environmental Protection Bureau is led by Bureau Chief Lemuel M. Srolovic and is part of the Division of Social Justice, which is led by Executive Deputy Attorney General for Social Justice Matthew Colangelo.

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New Chemicals Added to EPCRA TRI Reporting

EPA has added a nonylphenol ethoxylates (NPEs) category to the list of toxic chemicals subject to TRI reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). EPA added this chemical category to the EPCRA section 313 list because the Agency has determined that NPEs meet the EPCRA section 313(d)(2)(C) toxicity criteria. EPA has determined that short-chain NPEs are highly toxic to aquatic organisms and longer chain NPEs, while not as toxic as short-chain NPEs, can break down in the environment to short-chain NPEs and nonylphenol, both of which are highly toxic to aquatic organisms. This final rule goes into effect on November 30, 2018 and will apply for the reporting year beginning January 1, 2019 (reports due July 1, 2020). Hazardous Waste Training

Annual hazardous waste training is required for anyone who generates, accumulates, stores, transports, or treats hazardous waste. Learn how to manage your hazardous waste in accordance with the latest state and federal regulations. Learn how to complete EPA’s new electronic hazardous waste manifest, and the more than 60 changes in EPA’s new Hazardous Waste Generator Improvements Rule. Environmental Resource Center’s Hazardous Waste Training is available at nationwide locations, and via live webcasts. If you plan to also attend DOT hazardous materials training, call 800-537-2372 to find out how can get your course materials on a new Amazon Fire HD10 tablet. Update on Redefinition of Waters of the United States On June 15, EPA and the Department of the Army (Army) sent a proposed “Step 2” rule that would redefine “waters of the United States” (WOTUS) to the Office of Management and Budget for interagency review. The agencies will issue the proposal for public comment after the interagency review process is complete. “Farmers, ranchers, landowners, and other stakeholders are counting on EPA to listen to their input when it comes to defining ‘waters of the United States,’” said EPA Administrator Scott Pruitt. “Today, we are taking an important step toward issuing a new WOTUS definition and answering President Trump’s call to ensure that our waters are kept free from pollution, while promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the federal government and the states under the statutory framework of the Clean Water Act.” “From day one we have been focused on bringing common sense and fairness back to the rulemaking process,” said Assistant Secretary of the Army for Civil Works R.D. James. “Today’s action highlights our commitment to listening to public input, providing clear and transparent rules, and ensuring that our waters remain clean and our economy can continue to thrive.” EPA and the Army are working through a two-step process to consider revisions to the definition of “waters of the United States,” consistent with the February 2017 Presidential Executive Order 13778. Proposed Asbestos SNUR Under the Toxic Substances Control Act (TSCA), EPA has proposed in the June 11 Federal Register, a significant new use rule (SNUR) for asbestos as defined under the Asbestos Hazard Emergency Response Act. The proposed significant new use of asbestos (including as part of an article) is manufacturing (including importing) or processing for certain uses identified by EPA as no longer ongoing. Because EPA has found no information indicating that the following uses are ongoing, and therefore, the Agency has determined that following uses are subject to this proposed SNUR: Adhesives, sealants, and roof and non-roof coatings; arc chutes; beater-add gaskets; extruded sealant tape and other tape; filler for acetylene cylinders; high-grade electrical paper; millboard; missile liner; pipeline wrap; reinforced plastics; roofing felt; separators in fuel cells and batteries; vinyl-asbestos floor tile; and any other building material (other than cement). Persons subject to the SNUR would be required to notify EPA at least 90 days before commencing any manufacturing (including importing) or processing of asbestos (including as part of an article) for a significant new use. The required notification initiates EPA’s evaluation of the conditions of use associated with the intended use within the applicable review period. Manufacturing (including importing) and processing (including as part of an article) for the significant new use may not commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination. Comments on the proposal must be received on or before August 10, 2018. What’s on EPA’s Regulatory Agenda? All federal agencies that publish regulations are required to publish a semiannual regulatory agenda in order to inform the regulated community of pending, as well as recently completed regulatory actions. In the past, EPA published regulatory agendas spanning dozens of proposed rules. The Agency’s most recent agenda identifies just two pending rules, a TSCA Section 6(a) restriction on methylene chloride and N- methylpyrrolidone (NMP) paint removers and a separate 6(a) restriction on trichloroethylene (TCE) in vapor degreasers. The NMP and methylene chloride rule is classified as a long term action, with an anticipated final regulation not published until 2021. Although a notice of proposed rulemaking was published on TCE last year, EPA has listed the anticipated publication of the final rule as “to be determined.” Washington Delays Pharmaceutical Waste Rule While the EPA still plans to finalize its Pharmaceutical Rule in October 2018, the provisions of this final rule are not yet available and are subject to change. EPA has notified the Washingto State Department of Ecology that often there can be significant changes between proposed and final rules. Therefore, Ecology has decided to remove the draft state dangerous waste pharmaceutical rule from its current rule amendment package. The Agency has determined that waiting for a final EPA pharmaceutical rule is necessary to ensure Washington’s regulations remain as stringent as their federal counterparts; however, the rules will not align exactly because of Washington State’s state-only requirements. To this end, in the near future Ecology will start a new, separate CR-101 rulemaking process just for dangerous waste pharmaceutical rules. Ecology plans to formally propose these rules after EPA adopts final regulations and adopt new state pharmaceutical regulations as soon as possible after proposal. Ecology’s hope was to have one rulemaking process that included these important pharmaceutical regulations. While the Agency awaits a final rule adoption by the EPA, Ecology will proceed with the current rule amendment process, including the Generator Improvement Rule, Solvent-contaminated Wipes, some parts of the Definition of Solid Waste rule, E-Manifest and Hazardous Waste Export-Import rules. Court Rules the EPA Must Address Smog Pollution from Upwind States Connecticut Governor Dannel P. Malloy and Attorney General George Jepsen announced that the State of Connecticut and the State of New York won their joint lawsuit in federal court against the EPA and its administrator, Scott Pruitt, over the agency’s failure to adequately control ozone pollution from other states that negatively impacts air quality in the two downwind states. In the lawsuit, which Connecticut and New York filed in January, the states alleged that EPA failed to perform its mandatory duty to develop federal implementation plans that fully address requirements for upwind states under the Good Neighbor Provision of the federal Clean Air Act for the 2008 ozone National Ambient Air Quality Standards. “The Clean Air Act protects the people of Connecticut from other states’ pollution and the EPA is obligated to enforce these commonsense air quality standards,” Governor Malloy said. “Today’s decision by the district court is welcomed news for the people of Connecticut. As a downwind state, our residents have suffered for too long from other states’ lax clean air standards. The EPA’s recent failure to hold upwind states accountable is not acceptable. We are grateful to have Attorney General Jepsen and his team fighting for the people of Connecticut by holding the EPA accountable and fighting to protect the air we breathe.” “Connecticut suffers from air quality problems due to pollution sources in other states that are out of our control,” Attorney General Jepsen said. “Under the Clean Air Act, the EPA has a duty to take action when upwind states do not meet certain air quality standards and, in this case, the EPA clearly failed to do so. We are gratified by the district court’s ruling in this matter, and we will continue to work with our partners in New York to hold EPA accountable on this and other matters where it has not met its legal obligations.” Read more on New Chemicals Added to EPCRA TRI Reporting.

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What BBQ Smoke Exposure Tells You About Occupational Chemical Exposures

With summer coming, it’s only a matter of time before the smells and tastes of barbecued foods dominate the neighborhood. But there’s a downside to grilling that can literally get under your skin. In a study appearing in Environmental Science & Technology, scientists report that skin is a more important pathway for uptake of cancer-causing compounds produced during barbecuing than inhalation. They also found that clothing cannot fully protect individuals from this exposure.

In the U.S., 70% of adults own a grill or a smoker, and more than half of them grill at least four times a month, according to the Barbecue Industry Association. But barbecuing produces large amounts of polycyclic aromatic hydrocarbons, or PAHs. These carcinogenic compounds can cause respiratory diseases and DNA mutations. Eating grilled foods is the most common source of PAHs arising from barbecuing. However, according to a previous study by Eddy Y. Zeng and colleagues, bystanders near barbecues were likely exposed to considerable amount of PAHs through skin exposure and inhalation, even if they didn’t eat the grilled foods. Building on that study, the team sought to more precisely quantify skin uptake of PAHs from barbecue fumes and particles.

The researchers divided volunteers into groups at an outdoor barbecue to provide them with varying degrees of exposure to the food and the smoke. After analyzing urine samples from the volunteers, the researchers concluded that, as expected, diet accounted for the largest amount of PAH exposure. However, the skin was the second-highest exposure route, followed by inhalation. They say oils in barbecue fumes likely enhance skin uptake of PAHs. The team also found that while clothes may reduce skin exposure to PAHs over the short term, once clothing is saturated with barbecue smoke, the skin can take in considerable amounts of PAHs from them. They suggest washing clothes soon after leaving a grilling area to reduce exposure.

So, what can we learn from BBQ smoke about occupational chemical exposures? It’s that workplace exposures might be complex. We might protect workers with respirators, but what about skin exposure? Even if workers wear impervious gloves, fumes and vapors in the air can lead to skin exposures that may have been overlooked. Worker clothing might not be protective and could even exacerbate chemical exposures. Therefore, more research is needed to evaluate chemicals in the workplace to determine if any exposures have been overlooked, and if so, new protections may be needed.

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What’s on OSHA’s Agenda

All federal agencies that publish regulations are required to publish a semiannual regulatory agenda in order to inform the regulated community of pending, as well as recently completed regulatory actions. In the past, OSHA published regulatory agendas spanning dozens of proposed rules. The Agency’s current agenda is much more limited, it includes:

Communication Tower Safety

While the number of employees engaged in the communication tower industry remains small, the fatality rate is very high. Over the past 20 years, this industry has experienced an average fatality rate that greatly exceeds that of the construction industry, for example. Falls are the leading cause of death in tower work and OSHA has evidence that fall protection is used either improperly or inconsistently.

Employees are often hoisted to working levels on small base-mounted drum hoists that have been mounted to a truck chassis, and these may not be rated to hoist personnel. According to OSHA, communication tower construction and maintenance activities are not adequately covered by current OSHA fall protection and personnel hoisting standards, and OSHA plans to use information it will collect from a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel to identify effective work practices and advances in engineering technology that would best address industry safety and health concerns. While this panel will be focused on communication towers, OSHA plans to consider inclusion of structures that have telecommunications equipment on or attached to them (e.g., buildings, rooftops, water towers, billboards, etc.). An estimated date for a proposed rule has not been identified.

Tree Care Standard

Because there is no OSHA standard for tree care operations; the agency currently applies a patchwork of standards to address the serious hazards in this industry. The tree care industry previously petitioned the agency for rulemaking and OSHA issued an ANPRM (September 2008). Tree care continues to be a high-hazard industry and OSHA intends to initiate a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel in April, 2019.

Infectious Diseases

Employees in health care and other high-risk environments face long-standing infectious disease hazards such as tuberculosis, varicella disease (chickenpox, shingles), and measles (rubeola), as well as new and emerging infectious disease threats, such as Severe Acute Respiratory Syndrome (SARS) and pandemic influenza.

Health care workers and workers in related occupations, or who are exposed in other high-risk environments, are at increased risk of contracting tuberculosis, SARS, Methicillin-Resistant Staphylococcus Aureus (MRSA), and other infectious diseases that can be transmitted through a variety of exposure routes. OSHA is examining regulatory alternatives for control measures to protect employees from infectious disease exposures to pathogens that can cause significant disease. Workplaces where such control measures might be necessary include: Health care, emergency response, correctional facilities, homeless shelters, drug treatment programs, and other occupational settings where employees can be at increased risk of exposure to potentially infectious people. A standard could also apply to laboratories, which handle materials that may be a source of pathogens, and to pathologists, coroners’ offices, medical examiners, and mortuaries. An estimated date for a proposed rule has not been identified.

Process Safety Management (PSM) and Prevention

In accordance with the Executive Order 13650, Improving Chemical Facility Safety and Security, OSHA issued a Request for Information (RFI) on December 9, 2013 (78 FR 73756). The RFI identified issues related to modernization of the Process Safety Management standard and related standards necessary to meet the goal of preventing major chemical accidents. Although potential changes in the PSM standard has been on OSHA’s agenda for several years, significant movement on any changes has not occurred and an estimated date for a proposed rule has not been identified.

Contractor Cited for Fall and Other Safety Hazards

OSHA has cited Appleton, WI roofing contractor Hector Hernandez again after OSHA inspectors observed employees exposed to falls and other safety hazards at two Wisconsin job sites. OSHA proposed penalties of $120,320.

Hernandez, who operates Town City Construction, was cited for one repeated and two willful violations for failing to provide fall protection, train workers on fall hazards, properly install an extension ladder for safe egress, and provide required ladder jack scaffold components.

Hernandez has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Healthcare Challenges After Radiological Incidents

Many resources are available for healthcare, public health, and emergency management professionals planning for a potential large-scale radiological release or nuclear detonation incident, but planning is difficult, and few jurisdictions have detailed plans. The Office of the Assistant Secretary for Preparedness and Response (ASPR) Technical Resources, Assistance Center, and Information Exchange (TRACIE) will host a webinar with panelists to discuss the impact and potential solutions of different event types and provide guidance and lessons learned related to casualties of radiological and nuclear emergencies. The webinar will take place July 11, 2018 from 2:00-3:15 p.m. ET.

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Changes in DOT Hazardous Materials Transportation Regulations are On the Way

On Tuesday, June 12, 2018, the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) will host two public meetings. The first meeting–led by PHMSA–will solicit public input on current proposals and discuss potential new work items for inclusion in the agenda of the 53rd session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG). The second meeting–led by the Occupational Safety and Health Administration (OSHA)–will discuss proposals in preparation for the 35th session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS).

General topics on the agenda for the meeting include:

Explosives and related matters

Listing, classification, and packing;

Electric storage systems

Transport of gases

Global harmonization of regulations on the Transport of Dangerous Goods with the Model Regulations

Guiding principles for the Model Regulations

Cooperation with the International Atomic Energy Agency

New proposals for amendments to the Model Regulations

Issues relating to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS)

Miscellaneous pending issues.

Following the 53rd session of the UNSCOE TDG, a copy of the Sub-Committee’s report will be available at the UN Transport Division’s website. Additional information regarding the UNSCOE TDG can be found on PHMSA’s website.

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Idaho Granted Authority to Implement State Pollutant Discharge Elimination System

EPA Administrator Scott Pruitt signed a delegation memorandum that will allow the Idaho Department of Environmental Quality (IDEQ) to begin issuing and enforcing discharge permits for businesses and municipalities across the state. Starting July 1, 2018, IDEQ will begin administering the Idaho Pollutant Discharge Elimination System in place of the National Pollutant Discharge Elimination System (NPDES). Administrator Pruitt also attended a business roundtable with Idaho Governor C.L. “Butch” Otter and toured the National Interagency Fire Center.

The NPDES program is a fundamental building block of the federal Clean Water Act that regulates pollution discharged to the nation’s streams, rivers, and marine environments. Under the Clean Water Act, EPA may authorize states to implement all or parts of the NPDES system. Prior to this approval, EPA issued and enforced water discharge permits in Idaho.

To build their program, IDEQ worked with the legislature to secure dependable funding, hired and trained permit-writers and enforcement staff, held public and stakeholder meetings, and developed a four-year sector phase-in schedule. Idaho now joins 46 other states across the country running their own water discharge permitting program, protecting their most precious natural resource: safe, clean water. Idaho’s program will be called the Idaho Pollutant Discharge Elimination System.

Under its approval, EPA retains oversight of Idaho’s program including federal enforcement authority. Idaho plans to phase-in the permit program as follows:

Phase I (July 1, 2018): Domestic Wastewater Facilities and the Pretreatment Program

Phase II (July 1, 2019): Industrial Wastewater Facilities

Phase III (July 1, 2020): General Permit (non-Storm water)

Phase IV (July 1, 2021): All storm water permits and the Biosolids Program

Former Concord Chemical CEO Admits to Improper Storage of Hazardous Waste

The former president and CEO of Concord Chemical Co. Inc. (Concord) has admitted to illegally storing hazardous waste at the company’s Camden facility and making false statements to the EPA, U.S Attorney Craig Carpenito announced last week.

Miguel Castillo, 63, of Hilton Head, South Carolina, pleaded guilty to one count of storing hazardous waste at Concord’s Camden facility in violation of the Resource Conservation and Recovery Act (RCRA), according to Carpenito.

RCRA was enacted in 1976 to address a growing nationwide problem with industrial and municipal waste, according to documents filed in the case and statements made in court. RCRA was designed to protect human health and the environment by prohibiting the treatment, storage or disposal of any hazardous waste without a permit.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes the EPA to remove hazardous waste from industrial sites and hold responsible parties liable for the costs.

Concord manufactured, repackaged and distributed a wide variety of chemical products, including cresylic acid, soaps, waxes, pipe lubricants and emulsions. Some of Concord’s products and the raw materials used to make them were hazardous.

Castillo was Concord’s president or CEO from 2003 through August 2011. He also served as the president and director of another company, KW Inc., which repackaged and distributed commercial laundry products while leasing space from Concord’s Camden facility from May 2008 through the fall of 2009. Neither Concord nor KW had a permit to store hazardous waste at the Camden facility.

While Castillo was in charge of Concord, drums containing hazardous waste were stored in the Camden facility basement. In 2004 and 2005, Concord employees attempted to remove those drums but allegedly never finished due to claims by Castillo that Concord could not afford to remove additional drums.

By March 2010, Concord and KW had ceased operations at Concord’s Camden facility. In August 2010, the EPA conducted a site visit and discovered that the facility was devoid of employees, left in a deteriorated condition and filled with drums containing corrosive and ignitable hazardous waste. From October 2010 through March 2011, the EPA removed the hazardous substances from the facility.

On Sept. 1, 2011, the EPA requested information from Castillo in order to identify the parties responsible for EPA’s removal costs. When Castillo responded to the EPA’s requests, he failed to identify himself as Concord’s president and CEO or KW’s president and director.

The illegal storage of hazardous waste charge carries a maximum penalty of five years in prison and a $250,000 fine, or twice the gain or loss caused by the offense. Sentencing is scheduled for Sept. 10.

Shell Oil Products Required to Improve Waste Management, Pay Penalty

EPA has reached a settlement with Shell Oil Products over hazardous waste and risk management plan compliance at its crude oil refinery in Martinez, Calif. Shell Oil Products, a subsidiary of Shell Oil Company, will pay a $142,664 civil penalty and spend an estimated $220,300 to make improvements to its oil processing facility.

This action will prevent an estimated 64 tons of hazardous waste from being released to the environment every year and reduce the risk of diesel fuel spills to San Francisco Bay.

“Today’s order requires Shell Oil to make necessary enhancements to comply with federal laws and protect public health and our natural resources,” said EPA Pacific Southwest Regional Administrator Mike Stoker.

Shell Oil has also agreed to spend about $38,000 in support of emergency planning and preparedness in Contra Costa County. Shell Oil will provide the Contra Costa Health Services Hazardous Materials Programs with equipment to stop leaks from sulfur dioxide containers, personal protective equipment, and handheld particulate meters (including backup batteries and chargers), which are used to monitor air quality.

The Shell Martinez Refinery, located on Pacheco Boulevard about 2 miles east of downtown Martinez and south of the Carquinez Strait, processes about 165,000 barrels of crude oil per day. The refinery also makes asphalt, diesel, jet turbine fuel, petroleum coke, propane, residential fuel oils, and sulfur.

EPA inspected the refinery in November 2014, March 2015, and November 2016 and found:

Failure to immediately notify the appropriate federal, state, and local emergency planning and response agencies immediately after an accidental release in December 2013

Failure to determine if waste generated at the refinery was hazardous

Failure to follow proper procedures for managing hazardous waste

Failure to comply with Spill Prevention, Control, and Countermeasure rule requirements, such as using proper containers for fuel storage

Failure to comply with Risk Management Plan Rule requirements, such as accurately reporting an accidental release worst-case scenario. When properly implemented, risk management plans and their associated program elements help prevent and control chemical releases at facilities that store large amounts of hazardous substances or flammable chemicals. These plans are also used by EPA and other emergency responders to assess chemical risks to nearby communities and prepare for emergency responses.

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July 1 Deadline to Electronically Submit Injury and Illness Data Rapidly Approaching

OSHA’s electronic reporting rule, which took effect Jan. 1, 2017, requires certain employers (see discussion below) to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public. The amount of data submitted will vary depending on the size of company and type of industry.

OSHA has provided a secure website that offers three options for data submission. First, you have the option to manually enter data into a webform. Second, you can upload a CSV file to process single or multiple establishments at the same time. Finally, if you have an automated recordkeeping system, you can transmit data electronically via an API (application programming interface). The Injury Tracking Application (ITA) is accessible from the ITA launch page, where you are able to provide the Agency your 2017 OSHA Form 300A information. The date by which certain employers are required to submit to OSHA the information from their completed 2017 Form 300A is July 1, 2018.

The rule also prohibits employers from discouraging workers from reporting an injury or illness. The final rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation, which can be satisfied by posting the already-required OSHA workplace poster. It also clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses. These provisions become effective August 10, 2016, but OSHA has delayed their enforcement until Dec. 1, 2016.

The new reporting requirements were phased in over the past two years. The anti-retaliation provisions become effective August 10, 2016, but OSHA delayed their enforcement until Dec. 1, 2016.

Covered establishments with 250 or more employees are only required to provide their 2017 Form 300A summary data. Establishments with 20-249 employees in certain high-risk industries are required to submit information from their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2. See answers to more frequently asked questions on the rule.

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Make One Change for Safety This National Safety Month

June is National Safety Month, an opportunity to help prevent unnecessary injuries and deaths at work, on the roads, and in our homes and communities. With this year’s theme, “No 1 Gets Hurt,” the National Institute for Occupational Safety and Health (NIOSH) has encouraged us to think of at least one change we can make to improve safety.

New Disclosure Program in NY for Chemicals in Household Cleaning Products

New York State Department of Environmental Conservation Commissioner Basil Seggos announced the release of New York’s final policy and form for manufacturer disclosures under the State’s Household Cleansing Product Information Disclosure Program. Introduced in Governor Cuomo’s 2017 State of the State, the Household Cleansing Product Information Disclosure program requires manufacturers of cleaning products sold in New York to disclose chemical ingredients, as well as other information, on their websites. New York will be the first state in the nation to require such disclosure and the State’s program goes beyond initiatives in other states by requiring the robust disclosure of byproducts and contaminants, as well as chemicals with the potential to trigger asthma in adults and children.

DEC Commissioner Basil Seggos said, “Protecting New Yorkers and the environment from harmful chemicals is of the utmost importance to the state, and Governor Cuomo is leading the nation by requiring these manufacturers to disclose information about all of the chemicals that might be found in household cleaning products, including byproducts and other impurities. The Household Cleansing Product Information Disclosure Program will help the state better understand what chemical hazards the public is exposed to, especially from products made in countries with less protective environmental laws than the United States, and reduce exposure to chemicals of concern.”

Overseen by the New York State Department of Environmental Conservation (DEC), the Household Cleansing Product Information Disclosure Program requires manufacturers to disclose the name and unique chemical number of all intentionally added ingredients, including fragrances; all byproducts, such as 1,4 Dioxane, including those present in trace quantities that appear on state, national or international lists of identified chemicals of concern; and any impurity due to environmental contamination present in trace quantities that appear on such lists and are present above levels found in well-regulated public water systems located in the US.

Additional disclosures required by the program include a prominent statement regarding the nature and extent of information being withheld as confidential business information; the listing of ingredients in order of predominance by weight; a clear method of indicating that a chemical has been identified as a chemical of concern; the provision of a toll-free number to answer consumer requests for more information; and the posting of studies the manufacturer has conducted on the health and environmental effects of any of its products and ingredients.

The Household Cleansing Product Information Disclosure Program is the result of extensive discussions with a variety of stakeholders, including industry, private citizens, state agencies, and advocacy groups, as well as a lengthy public comment period. Significant changes were made to DEC’s original proposal to better address concerns raised by the stakeholders. In addition to this information appearing on manufacturer websites by July 1, 2019, DEC is working with the Interstate Chemicals Clearinghouse to develop and maintain a database of links to the disclosed information for ease of consumer access. More information about the Household Cleansing Product Information Disclosure Program and the certification form can be found on DEC’s website.

“We thank Governor Cuomo and the Department of Environmental Conservation for this leadership action. New York’s new cleaning product ingredient disclosure program is both years in the making and incredibly timely. It will help workers and families identify which products are healthiest. Coupled with a recent law in California, it creates a strong national model and will benefit not only New Yorkers, but all Americans. We look forward to the Governor’s continued leadership on product ingredient disclosure for personal care products,” said Kathleen Curtis, Executive Director of Clean and Healthy New York.

It is expected that New York’s approach to cleaning product ingredient disclosure will serve as an example that can be expanded into other sectors of public disclosure or mirrored by other governments.

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Beryllium Standard Compliance Dates Extended

OSHA announced a proposed rule that would extend the compliance date for certain ancillary requirements of the general industry beryllium standard to Dec. 12, 2018. This extension applies to all processes, operations, or areas where workers may be exposed to materials containing beryllium that fall under the scope of the general industry standard.

The Notice of Proposed Rulemaking (NPRM) for a Limited Extension to Select Compliance Dates for Occupational Exposure to Beryllium in General Industry was published in the Federal Register on June 1, 2018. The extension allows OSHA to complete a planned NPRM that is designed to clarify the standard and to simplify compliance. This proposal will benefit employers covered under this regulation to avoid potential confusion and ensure employers implement necessary and appropriate requirements to protect workers.

OSHA also issued a memorandum stating that the ancillary requirements that are affected by this rulemaking will not be enforced until June 25, 2018. Any provisions for which the standard already establishes compliance dates in 2019 (change room and showers) and 2020 (engineering controls) are unaffected by this rulemaking.

You may participate in this rulemaking by submitting comments during the 30-day comment period.

Chattanooga Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Chattanooga, TN on June 12-14 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Dayton Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Dayton, OH on June 26-28 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Raleigh Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Raleigh, NC on July 10-12 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Proposition 65 Listing – TRIM®VX

Effective May 25, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) has added TRIM® VX to the list of chemicals known to the State of California to cause cancer for purposes of Proposition 65.

Public Health Goals for Cis- and Trans-1,2-Dichloroethylene in Drinking Water

California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced the availability of the revised draft technical support document for the proposed updates of the public health goals (PHGs) for cis- and trans-1,2-dichloroethylene in drinking water. OEHHA revised the document based on public and peer review comments. The agency has solicited comments on this second public review draft.

Washington State Rules for Construction Demolition to be Updated

Washington State’s Department of Occupational Safety and Health (DOSH) intends to conduct rulemaking to update the requirements in Chapter 296-155 WAC, Standards for Construction Work, Part S, Demolition.

DOSH will initiate this change to remove confusing and unnecessary language as well as add clarification where necessary throughout the rule to improve safety. Other housekeeping changes may be incorporated during this rulemaking.

According to the agency, initiating this rulemaking will benefit the safety and health of employer/employees working in this industry; and, improve the safety and health of Washington residents.

Stakeholder meetings will be held to gather information from parties in the construction/demolition industry interested in updating the requirements of this rule.

A stakeholder meeting is scheduled for June 21, 2018, 9:00-11:00am, to discuss potential rulemaking. No specific decisions have been made regarding the current standard. The stakeholder meeting will be held at the Labor and Industries Tukwila Service location; located at 12806 Gateway Drive South, Tukwila, Washington, 98168. The meeting will begin at 9:00 with doors opening at 8:30 for sign in.

Contact Cathy Coates with any rulemaking questions [email protected] or 360-902-5432, or Erich S. Smith for technical questions about this rule: [email protected] or 206-515-2786.

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$3.3 Million Penalty for Hazardous Waste Violations

California Attorney General Xavier Becerra announced a $3,318,700 settlement with Cox Communications California, LLC (Cox) and other related entities to resolve allegations that its California facilities unlawfully disposed of hazardous waste – including hazardous batteries, electronic devices, and aerosols. These acts constitute violations of California’s Hazardous Waste Control Law, and of California’s Unfair Competition Law, as such conduct gives Cox a competitive advantage over other regulated entities that are complying with the law. Cox also is alleged to have discarded customer records without rendering personal information unreadable. This settlement was the result of a partnership between the Attorney General’s Office and the Alameda County District Attorney’s Office.

“If a company wants to do business in our state, it must abide by our laws,” said Attorney General Becerra. “Unlawfully disposing of hazardous waste can lead to serious health and environmental risks. Unlawfully disposing of personal customer information can seriously jeopardize a person’s right to privacy and open the door to identity theft. The California Department of Justice will continue working with state and local agencies to prosecute those who violate our environmental and customer record laws.”

“The Alameda County District Attorney’s Office has an environmental protection unit and a consumer protection unit dedicated to ensuring that all entities abide by state laws protecting our natural resources and consumer protection laws,” said District Attorney O’Malley. “Today’s settlement marks a victory for both the environment and for the customers of Cox Communication. The legal action also serves as a warning that companies who unlawfully dispose of hazardous waste will be brought to justice.”

As part of the settlement, Cox will:

Pay $2,100,000 for civil penalties, $404,700 for projects furthering environmental protection, and $814,000 for reimbursement of law enforcement and investigation costs;

Provide $450,000 in broadcast “air time” for Public Service Announcements to educate the public on how to properly dispose of and recycle consumer hazardous waste such as batteries and electronic devices;

Spend at least $665,000 on environmental activities beyond those currently required by law in lieu of payment of $150,400 in additional civil penalties;

Conduct three external environmental compliance audits and three internal audits to review its customer records management procedures;

Use certified recyclers to safely recycle electronics and other recyclable materials; and

Be bound by a permanent injunction prohibiting similar violations of law.

The settlement and final judgment follow an extensive investigation by the Attorney General’s Office and the Alameda County District Attorney’s Office. The investigation included a series of inspections of dumpsters belonging to Cox facilities. The inspections revealed that Cox was routinely and systematically sending hazardous wastes to local landfills that were not permitted to receive those wastes. Several dumpster inspections also revealed Cox disposed of customer records containing confidential personal information. During the relevant period of the investigation, Cox operated 25 facilities in California.

Baton Rouge Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Baton Rouge, LA on June 5-7 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

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DOT Wants Your Input to Improve the 2020 Emergency Response Guidbbook

To assist in the gathering of information, the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) is soliciting input from ERG users on experiences using, and concerns with, the 2012 and 2016 editions. PHMSA is interested in any comments stakeholders and users wish to provide, but are particularly looking for answers to the following questions:

How can PHMSA make the ERG more user-friendly for first responders during the initial response phase of a hazardous materials transportation incident? Provide examples.

Does ERG2016 effectively emphasize the most useful information for the initial response phase?

Have you encountered conflicting or ambiguous guidance messages when using the ERG and other sources of technical information?

Are there ways to improve the White Pages? For example: Did you find the “How to Use this Guidebook” flow chart on page 1 of ERG2016 useful in understanding how to use the ERG? Please explain why or why not. Do you believe PHMSA should reformat the tables, charts, and the information they provide (i.e., Table of Placards, Rail Identification Chart, and Road Trailer Identification Chart)? What changes do you think would make them more useful, clear, and easy to read and use? What other identification charts should be added, if any? What other subject(s) should be addressed? How could PHMSA improve the information the ERG provides on chemical, biological, and radiological transportation incidents? Can you suggest information to include or remove? Do you find the terms in the Glossary appropriate and current? What terms should PHMSA add? What terms should be removed or changed?

In ERG2016’s Yellow or Blue Pages, have you found any identification number and/or material name that seems to be assigned to an incorrect Guide number? If so, please note the identification number, material name, the Guide number, and suggest a new Guide number with your reasons why.

Do the Orange Guide Pages contain recommendations and responses that are appropriate to the material they are assigned to? If not, please explain and recommend a correction.

How could PHMSA change/improve the introduction and description of the Green Pages, or any of the following tables? Table 1–”Initial Isolation and Protective Action Distances” Table 2–”Water Reactive Materials Which Produce Toxic Gases” Table 3–”Initial Isolation and Protective Action Distances for Different Quantities of Six Common TIH Gases”

When calling any of the Emergency Response Telephone Numbers listed in ERG2016, have you experienced a busy telephone line, disconnection, or no response? If so, please describe.

What format(s) of the ERG do you use (hardcopy, electronic, online, mobile applications, etc.), and why?

How often do you use the ERG in a dangerous goods transportation emergency? In addition to the specific questions listed in this notice, PHMSA is also interested in any supporting data and analyses that will enhance the value of the comments submitted.

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New Silica Rule Begins June 23rd

On June 23, OSHA’s Silica Rule becomes fully enforceable and on or before the 23rd, you must have implemented a total dust control solution to combat the hazards associated with respirable crystalline silica exposure.

OSHA’s standard cuts the acceptable exposure limit roughly in half to 50 μg/m3 and encourages a 75% reduction for optimal levels. The rule requires you to implement the following requirements:

Comprehensive exposure control plan

Exposure assessment

Engineering and work practice controls

Housekeeping

Medical surveillance and record keeping

Regulated areas and PPE

Communication of hazards

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NIOSH and FDA Join Forces to Improve Premarket Process for Facepiece Respirators

In a collaborative effort to harmonize regulatory oversight of N95 filtering facepiece respirators, or N95s, the NIOSH and the FDA have joined forces to help reduce duplicative premarket processes for N95s used in healthcare settings.

On May 17, 2018, FDA published a final order in the Federal Register to exempt a subset of N95s intended for use in healthcare from premarket notification requirements subject to conditions and limitations. Upon publication of the final order, NIOSH and FDA entered into a Memorandum of Understanding (MOU) that provides a framework for efficient and coordinated regulatory oversight between FDA and NIOSH and outlines the agencies’ mutually agreed upon review process.

Subject to the conditions and limitations of exemption outlined in the final order, certain N95s will be exempt from FDA premarket notification requirements which means that manufacturers will now be able to submit a single application to NIOSH, rather than applications to both FDA and NIOSH prior to marketing their product. Previously, all N95s intended for use in healthcare needed clearance/approval from both agencies.

“The FDA action is the first step in streamlining an approval process that was redundant and burdensome,” said Maryann D’Alessandro, director of NIOSH’s National Personal Protective Technology Laboratory. “NIOSH will continue to ensure these respirators provide the expected performance levels and are safe for their intended use.”

In accordance with the MOU, NIOSH will now evaluate the manufacturer’s test data for biocompatibility, flammability, and fluid resistance for conformity to relevant standards during its approval process, tasks previously performed by the FDA.

As part of the conformity assessment process, NIOSH will conduct post-market audits that will involve tests for flammability and fluid resistance for a sample of products in accordance with the appropriate federal and consensus standards. This will ensure the products continue to conform to the approved conditions.

NIOSH will begin accepting applications to implement this process on July 2, 2018 for those manufacturers intending to submit N95 filtering facepiece respirators for approval in healthcare settings. Consistent with current practices, respirators reviewed under this process are intended to be used in accordance with Occupational Safety and Health Administration (OSHA) respiratory protection standard requirements.

NIOSH has published related research on respirator filtration on the NIOSH Science Blog and fluid resistance in the American Journal of Infection Control.

NIOSH is responsible for approval of N95s intended for occupational use. The authority is granted to NIOSH in accordance with standards established in 42 CFR Part 84. NIOSH also addresses quality assurance requirements for the manufacturing of respiratory protective equipment.

The Places in the U.S. Where Disaster Strikes Again and Again

In the last 16 years, parts of Louisiana have been struck by six hurricanes. Areas near San Diego were devastated by three particularly vicious wildfire seasons. And a town in eastern Kentucky has been pummeled by at least nine storms severe enough to warrant federal assistance. These places are part of a small fraction of the United States that has sustained most of the damage from major natural disasters, forming a pattern of destruction concentrated in particular areas.

New Studies Confirm A Surge in Coal Miner’s Disease

More coal miners in central Appalachia have suffered the advanced stages of the deadly disease black lung than previous government research has found, and more miners working in the region have earlier stages of the disease. Those are two of the findings in a bundle of studies just released, which focus on the epidemic of black lung disease first reported by NPR in 2016.

Toxic City: Botched Jobs

As part of its “Toxic City” series, the Inquirer and Daily News investigated environmental hazards in Philadelphia district schools. It found that the district can take months, even years, to address reported hazards that can make children sick — peeling lead paint, deteriorating asbestos, mold, rodent infestations, leaking roofs and pipes. This article focuses on recent issues with carbon monoxide poisoning among students at a Philadelphia school.

Calls Impersonating CSB Investigators

Law enforcement officials have become aware of a recent wave of scams where callers identify themselves as a federal officer and instruct people to provide confidential information to avoid fines. These phone calls are fraudulent. Federal agencies do not call or e-mail individuals threatening them to provide personal information or send money. If you have been contacted by someone claiming to be a representative from the CSB, please contact [email protected].

You can learn about other common scams by visiting https://www.fbi.gov/scams-and-safety/common-fraud-schemes and learn about ways to reduce your risk of being scammed: http://www.fbi.gov/scams-safety/fraud/internet_fraud.

Chemical Safety Board Chair has Resigned

Three years into her five-year term as chairwoman of the Chemical Safety Board, Vanessa Allen Sutherland announced she will step down from the independent investigatory agency at the end of June. Southerland was named by President Obama in March 2015 having served as chief counsel for the Transportation Department’s Pipeline and Hazardous Materials Safety Administration. Her temporary successor will be selected by the remaining three board members, unless and until the White House nominates and the Senate confirms a new chairperson.

Chair Sutherland released the following statement, “I am saddened to leave the wonderful mission and incredible work of the CSB. This mission is unique and critically important because we are the only agency conducting independent, comprehensive root cause chemical incident investigations. As we continue to recognize the agency’s 20th anniversary of operations, we still have much work to do to achieve our vision of a nation safe from chemical disasters. And I️ am absolutely certain that this team, and future hires, will both excel in execution and outshine our prior efforts. I’m fortunate to have been a part of the work.”

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General Packing Requirements for Dangerous Goods Shipped by Air

To ship dangerous goods by air, you must follow the general packing requirements in Section 5.0.2 of the International Air Transport Association’s (IATA) Dangerous Goods Regulations (DGR). You must also follow the requirements that apply to each hazard class included in your shipment. For example, hazard classes 1 Explosives, 2 Gases, and 7 Radioactives have their own general packing requirements. You can locate the specific packing instructions for any dangerous good by finding the material’s proper shipping name in column B of the IATA DGR’s list of dangerous goods, and then look for the packing instruction that is referenced in columns G, I, and K.

The general packing requirements in IATA DGR section 5.0.2 include:

You must use good quality packaging, able to withstand loading/unloading and conditions normal to transport

Packages must be constructed and closed in a manner that prevents any loss of contents

Packages must be closed according to the manufacturer’s specifications

No dangerous residue can be on the outside of the package

The package, including absorbents and cushioning material, must be compatible with its contents

Packages must not be used if they are constructed of materials that can become softened, brittle, or permeable due to temperatures experienced during air transport; chemical reaction with the contents; or the use of a refrigerant

Wood packaging materials must conform to the International Standards for Phytosanitary Measures No. 15 (ISPM15) and EU Commission Directive 2004/102/EC

Packaging and closure method must take into consideration temperature and vibration extremes

Liquids in inner packaging must have a positive means of closure (e.g., tape, friction sleeves) or must be placed inside a leak-proof liner

Enough head space must be provided so that liquids do not completely fill the package at 130°F

Packaging for liquids must be able to withstand an internal pressure that produces the specified pressure differential in IATA DGR section 5.0.2.9 without leakage

Packaging for solids that may become liquid during transport must be capable of containing the substance in its liquid state

Different dangerous goods may be combined in a single package, as long as they are compatible; inner packaging used and the quantity limits meet those specified by each applicable packing instruction; the outer packaging used is permitted by all applicable packing instructions; and the package meets the specification performance standards for the most restrictive packing group of dangerous good contained in the packaging. A Q-value calculation may be required.

For combination packages (inner and outer package)

Cushioning must be provided between the inner and outer packages

Liquids must be upright and orientation arrow labels or marks must be placed on two opposite sides of the outer package

Outer combination packages that have been tested with different types of inner packages may contain a variety of inner packages. If an equivalent level of performance is maintained, variations of inner packaging are permitted without further package testing, as described below:

Fewer inner packages can be used as long as sufficient cushioning is used to fill any voids

Inner packagings of equivalent or smaller size can be used as long as they are similar in shape and have the same or smaller openings and similar closures to the tested inner packagings; the material of construction offers equal resistance to impact/force; sufficient cushioning material is used to fill any voids; and the inner packagings are oriented in the same manner as in the tested package

Outer packages must not allow dangerous evolution of heat due to friction

Unless authorized in the DGR, venting of packages is not permitted (for example, venting is required for shipments of dry ice)

Each package must be large enough to accommodate all the required marks and labels

Packages that contain residues of dangerous goods remain fully regulated

Package integrity must be maintained if wet ice is used as a coolant

Packaging intended for liquids must undergo leak-proofness testing

Plastic drums and jerricans and rigid plastic intermediate bulk containers (IBC) and composite IBCs with plastic inner receptacles may not be used if more than five years old. The date of manufacture is marked on these packages.

Self-reactive materials and organic peroxides must be packaged in PGII specification packaging.

The class-specific general requirements applicable to each hazard class are found at the beginning of the packing instructions for each hazard class. For example, the general requirements for Class 1 Explosives are found in section 5.1 of the IATA DGR, immediately preceding packing instruction 101; the general requirements for Class 2 Gases are found in section 5.2, immediately preceding packing instruction 200; and the general requirements for Class 7 Radioactives are found in section 10.6.

In summary, when shipping dangerous goods, you must follow the general packing requirements, the hazard-specific general requirements, as well as the materials’ packing instructions that are referenced in columns G, I, and K of the IATA DGR list. Packages that do not meet the general packing requirements and/or the hazard-specific requirements may not be used to ship dangerous goods.

Learn more about how to properly ship dangerous goods by air and meet your mandatory IATA training requirements by attending Environmental Resource Center’s IATA: How to Ship Dangerous Goods by Air – Complete Course Seminar, the IATA: How to Ship Dangerous Goods by Air – Complete Course Webcast, or the IATA Dangerous Goods Update – Webcast.

Highest Rated Environmental, Safety & Transportation Training

Environmental Resource Center has provided the highest quality environmental, safety, and transportation training for over 25 years. Our instructors bring a wide range of practical experience to the classroom, conducting seminars and live webcasts with expert knowledge, interactive exercises and a fun, relaxed atmosphere. Environmental Resource Center’s classes are available as public seminars, instructor-led webcasts, self-paced online courses, and as customized on-site sessions designed to meet your company’s individual needs.

To view a complete list of Environmental Resource Center’s top-rated courses, go to www.ercweb.com/courses.

Upcoming Seminars

Raleigh – RCRA, DOT, IATA and HAZWOPER Training – June 18-22, July 10-12, July 23-26

Baton Rouge – Hazardous Waste and DOT Training – June 5-7

Chattanooga – Hazardous Waste and DOT Training – June 12-14

Baltimore – Hazardous Waste, DOT, and IATA Training – June 19-22

Dayton – Hazardous Waste and DOT Training – June 26-28

Anaheim – California Hazardous Waste and DOT Refresher Training – July 10

Macon – Hazardous Waste and DOT Training – July 17-19

Cleveland – Hazardous Waste and DOT Training – July 24-26

Greensboro – Hazardous Waste and DOT Training – July 31-August 2

Dallas – Hazardous Waste and DOT Training – July 31-August 2

Special offers for Reg of the Day readers: Register for any of the classes listed above and you can take advantage of offers 1 and 2 or 1 and 3.

Save $100 off your registration when you register for both Hazardous Waste and DOT training in the same city.

Register for both Hazardous Waste and DOT training in the same city and get an Amazon Fire HD 10 tablet with electronic versions of both handbooks. The Amazon Fire offer is only available by phone. Call 800-537-2372 and mention the Amazon Fire offer. Only one tablet per student per 12-month period. Students receiving tablets will not receive paper versions of our handbooks. Payment must be made prior to the date of the seminar. You will receive your tablet at the class. This offer can be combined with offer #1, but cannot be combined with offer #2 above, or any discounts, promotions, or refunds.

Only one tablet per student per 12-month period. Students receiving tablets will not receive paper versions of our handbooks. Payment must be made prior to the date of the seminar. You will receive your tablet at the class. This offer can be combined with offer #1, but cannot be combined with offer #2 above, or any discounts, promotions, or refunds.

Eligible government organizations and agencies: Call Environmental Resource Center for GSA discounts.

Live Webcast Training You Can’t Afford to Miss

Environmental Resource Center’s live instructor-led webcast training is the best way to get the training you need—without leaving your office. Stay up-to-date with the latest regulations that can impact your facility and get your site-specific questions answered by our experienced, expert instructors.

Webcast special offer:

RCRA Hazardous Waste Management – Annual Update – May 29, June 13, July 10

DOT: How to Ship Hazardous Materials by Ground – Update – May 30, June 14, July 11

IATA: How to Ship Dangerous Goods by Air – Update – May 31

OSHA HAZWOPER 8-Hour Refresher – June 5-6

EPA’s New Electronic Hazardous Waste Manifest – June 7

Stormwater Regulations – June 12

DOT/IATA: How to Ship Dangerous Goods by Ground & Air – June 19

IMDG: How to Ship Dangerous Goods by Vessel – June 20

How to Ship Batteries by Ground & Air – July 12

OSHA GHS Hazard Communication Standard – July 13

Underground Storage Tank (UST) Regulations – July 16

RCRA Hazardous Waste Management – The Complete Course – July 17

DOT Hazardous Materials Training – The Complete Course – July 18

IATA: How to Ship Dangerous Goods by Air – The Complete Course – July 19

Online Training – At Your Convenience

Learn when it’s convenient for you. Environmental Resource Center’s self-paced online training makes it easy to learn how to comply with the latest regulations that can impact your facility, and meet your training requirements in our no-sweat online courses:

DOT Hazardous Materials Training

Reverse Logistics Shipments of Hazardous Materials

How to Ship Batteries by Ground and Air

How to Ship Dry Ice by Ground and Air

How to Ship Consumer Commodities and Limited Quantities by Ground and Air

How to Ship Bulk Hazardous Materials by Ground

How to Ship Infectious Substances by Ground and Air

How to Ship Medical Waste

How to Work Safely with Bloodborne Pathogens

OSHA GHS Hazard Communication Standard

EPCRA: Tier II Reports & Emergency Release Notifications

How to Manage Used Oil

How to Manage Universal Waste

Customized Training

All of Environmental Resource Center’s top-rated training can be customized for your site. Site-specific training is an efficient and economical way to train your employees, reducing time away from the job and travel costs.

Environmental Resource Center® will focus the scope of the training to meet your site-specific requirements, and deliver the training—at your site or as a live instructor-led or web-based session—whenever you need it.

For details or to request a quote for site-specific training, call 800-537-2372, email [email protected], or complete a training request form online.

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OSHA to Change Requirements for Crane Operators

OSHA recently announced a proposed rule to increase the safety of America’s construction sites. In addition to providing long-term clarity regarding crane operator certification requirements, the proposal reinstates the employer duty to ensure that a crane operator is qualified to safely operate equipment.

Under the proposed rule, a change to the categories of certifications for crane operators would ensure more operators are able to meet the requirement. The proposal discontinues a 2010 requirement, which never went into effect, that crane operator certification must include the crane lifting capacity for which the operator is certified. The proposal would expand the type of certification programs for crane operators.

Comments on the proposed rule may be submitted electronically or by facsimile or mail. See the Federal Register notice for submission details. Comments must be submitted by June 20, 2018.

OSHA recently published a final rule extending the operator certification compliance date until November 10, 2018, in order to provide the agency with additional time to complete this rulemaking to address stakeholder concerns related to the Cranes and Derricks in Construction standard.

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$281,220 Proposed Penalties for Verla International After Fatal Fire

OSHA has cited New Windsor, NY-based Verla International, LTD and proposed fines of $281,220 for failing to protect its employees from dangerous chemicals, and other hazards.

In November 2017, OSHA investigated the cosmetics manufacturer after an employee was fatally injured in a fire. The company was cited for 11 violations for fall, and compressed air hazards, and for failing to ensure proper electrical grounding and bonding to prevent flammable vapors from igniting; properly dispose of flammable materials; develop and implement an emergency response plan; provide employees with first responder awareness level training; and record a workplace fatality in its OSHA 300 illness and injury log.

“An employer’s adherence to safety and health standards, including the proper and safe transfer of flammable liquids, is critical to preventing fire, explosions, and other incidents that can seriously or fatally injure workers,” said OSHA Albany Area Office Director Robert Garvey, who also noted that OSHA cited the company in 2013 for similar violations.

Fatal Trench Collapse at Alabama Construction Site Incurs Multiple Penalties

OSHA has cited All Power Construction Corporation and staffing agency Labor Finders of Tennessee, Inc. after a temporary employee installing sewer lines suffered a fatal injury in a trench collapse. All Power Construction Corporation faces $139,684 in proposed penalties and Labor Finders of Tennessee Inc. faces the maximum allowed $12,934 in proposed penalties.

OSHA issued willful and serious citations to All Power Construction Corporation for allowing employees to work in a trench without cave-in protection, failing to provide a safe means to enter and exit the trench, and not having a competent person inspect the trench to identify potential hazards. OSHA cited the staffing agency for one serious violation for not ensuring that employees were trained on trenching and excavation hazards.

The investigation was part of OSHA’s National Emphasis Program on Trenching and Excavation.

“Employers are responsible for ensuring their worksites are free of recognized hazards,” said Ramona Morris, OSHA Birmingham Area Office Director. “This tragedy could have been prevented had the employer followed the necessary steps to ensure that protective systems were used.”

Draft Agenda for Respiratory Health Comment Period Extended

NIOSH has extended to July 13 the deadline for comments on its draft National Occupational Research Agenda for Respiratory Health, which the agency announced on March 15, 2018. Written comments were to be received by May 14.

In its notice of the extension, NIOSH said it was done “in response to a request from an interested party.” Comments may be submitted electronically, identified by CDC-2018-0024 and Docket Number NIOSH-302, or by mail to: National Institute for Occupational Safety and Health, NIOSH Docket Office, 1090 Tusculum Avenue, MS C-34, Cincinnati, OH 45226-1998.

What’s on OSHA’s Latest Regulatory Agenda

The Department of Labor’s Spring 2018 Regulatory Agenda includes 20 OSHA entries: 4 in the final rule stage, 7 in the proposed rule stage, and 9 in the prerule stage. Actions with significant implications for employers include the Standards Improvement Project IV (final rule stage); a deregulatory action under the Occupational Exposure to Beryllium standard (proposed rule stage); many revisions to the Cranes and Derricks in Construction standard (proposed rule stage): and revisions to the Emergency Response and Preparedness regulations (pre-rule stage).

Final rule stage:

Standards Improvement Project IV—final rule expected July 2018. This project is intended to remove or revise duplicative, unnecessary, and inconsistent safety and health standards. The revisions will address OSHA’s recordkeeping, general industry, maritime, and construction standards, with most of the revisions to the construction standards.

Respiratory Protection—final rule expected September 2018. Any person may submit to OSHA an application for approval of a new fit-test protocol; if the application meets certain criteria, OSHA will initiate a rulemaking proceeding to determine whether to list the new protocol as an approved fit-test protocol in appendix A of the standard. OSHA received a submission to consider three new quantitative fit-test protocols that reduce the time required to complete the fit test while maintaining acceptable test sensitivity, specificity, and predictive value. This rulemaking evaluates the efficacy of the submitted fit-test protocols and, if appropriate, will adopt them in appendix A.

Proposed rule stage:

Occupational Exposure to Beryllium. OSHA says it has been negotiating with industry over the general industry standard and may propose revisions by December 2018.

Cranes and Derricks in Construction—proposal expected December 2018. Proposed amendments to OSHA’s 2010 standards include correcting references to power line voltage for direct current (DC) voltages as well as alternating current (AC) voltages; broadening the exclusion for forklifts carrying loads under the forks from “winch or hook” to a “winch and boom”; clarifying an exclusion for work activities by articulating cranes; clarifying the use of demarcated boundaries for work near power lines; and correcting an error permitting body belts to be used as a personal fall arrest system rather than a personal fall restraint system.

Crane Operator Qualification in Construction—this rulemaking seeks to identify criteria for employers to follow to ensure their crane operators are completely qualified to operate cranes safely on construction worksites.

Hazard Communication Standard (HCS)—proposal expected February 2019. OSHA and other US agencies have been involved in a long-term project to negotiate a globally harmonized approach to classifying chemical hazards and providing labels and safety data sheets (SDSs) for hazardous chemicals. The result is the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). OSHA incorporated the GHS into its HCS in March 2012 to specify requirements for hazard classification and to standardize label components and information on SDSs. However, the GHS has been updated several times since OSHA’s rulemaking. OSHA wants to harmonize the HCS to the latest edition of the GHS and codify a number of enforcement policies that have been issued since the 2012 standard.

Tracking of Workplace Injuries and Illnesses—proposal expected July 2018. OSHA is seeking to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees, which are required to routinely keep injury and illness records. Under the proposed rule, these establishments would be required to electronically submit only information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses).

Pre-rule stage:

Communication Tower Safety: Communication tower construction and maintenance activities are not adequately covered by current OSHA fall protection and personnel hoisting standards. OSHA plans to use information it will collect from a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel to identify effective work practices and advances in engineering technology that would best address industry safety and health concerns.

Emergency Response and Preparedness: Some OSHA standards governing emergency response and preparedness were promulgated decades ago, and none were designed as comprehensive emergency response standards. OSHA is considering updating these standards with information gathered through a Request for Information (RFI) and public meetings.

Lockout/Tagout: Recent technological advancements that employ computer-based controls of hazardous energy (e.g., mechanical, electrical, pneumatic, chemical, and radiation) conflict with OSHA’s existing lockout/tagout standard. The agency has recently seen an increase in requests for variances for these devices. An RFI is planned to help understand the strengths and limitations of this new technology as well as potential hazards to workers.

Prevention of Workplace Violence in Health Care and Social Assistance: A December 2016 RFI solicited information primarily from healthcare employers, workers, and other subject matter experts on the impacts of violence, prevention strategies, and other information that will be useful to the Agency. On January 10, 2017, OSHA granted petitions from a broad coalition of labor unions and National Nurses United asking for a standard on preventing workplace violence in healthcare.

Blood Lead Level for Medical Removal: OSHA is exploring regulatory options to lower blood lead levels in affected workers. An advanced notice of proposed rulemaking would seek input from the public to help the agency identify possible areas of the lead standards for revision to improve protection of workers in industries and occupations where preventable exposure to lead continues to occur.

Training Lags for Non-native Workers in Small Construction Companies

Non-native workers in the United States employed in small construction companies received less safety and health training than non-native workers in larger companies, according to research by NIOSH and the American Society of Safety Engineers (ASSE). The research recently appeared in the journal Safety Science.

Construction is an industry with one of the highest work-related death rates in the country. According to the Bureau of Labor Statistics, in 2015 almost one fifth of work-related deaths occurred among construction workers. Training is a critical part of workplace safety and health, both when beginning a new construction job and then continuing on an ongoing basis.

Many of the construction industry’s 10 million-plus employees work in small companies, defined here by NIOSH as those with fewer than 50 employees. Previous research by NIOSH and ASSE found that workers in small companies, as well as young workers (under the age of 25) and non-native workers, face an increased risk for work-related illness and injury when compared to other workers. What was not previously understood was how training practices compared between small and large companies, and between native and non-native workers.

Accordingly, NIOSH investigators analyzed the results of an ASSE survey asking construction companies of different sizes and worker populations about their training practices. Data collected from 268 construction business representatives suggest that non-native workers in small companies received fewer hours of training, both when joining the company and on a monthly basis, than non-native workers in companies with 50 or more employees. In fact, compared to non-native workers in larger companies, non-native workers in small companies were significantly less likely to receive every type of safety training surveyed. This training included pre-work and job-specific instruction, as well as training required by federal and state regulations and the Occupational Safety and Health Administration 10-hour training for construction. Furthermore, smaller companies were less likely to have supervisors on staff who speak the same language as non-English-speaking workers.

This research is important because it sheds light on the work-related safety and health training practices of small and large construction businesses. The findings highlight the need for work-related safety and health training specifically among non-native workers in smaller construction companies.

The online survey administered by ASSE to its members comprised 34 questions about on-the-job training in safety and health. In addition to asking about types and amount of training, the survey included questions about which workers receive occupational safety and health training, and how the company delivers and evaluates this training.

Work-Related Asthma Prevention Materials in Multiple Languages

To reach workers who do not speak fluent English, California’s Work-Related Asthma Prevention Program created a series of fact sheets about how working around disinfectants, fragrances, and cleaning products may cause asthma. The fact sheets are now available in Spanish, Chinese, Tagalog, Vietnamese, and Korean.

Pennsylvania Manufacturer Earns Star Site Status

OSHA announced it has certified MI Windows and Doors’ manufacturing facility in Gratz, Pennsylvania, as a Star work site. Star is OSHA’s highest level of VPP recognition for workplace health and safety excellence.

The company’s certification into OSHA’s Voluntary Protection Programs recognizes MI Windows and Doors’ commitment to safety and health in the workplace. MI Windows and Doors, which produces new construction and replacement windows for businesses and homes, recorded an injury and illness rate 54% below the national average in the last three years.

“MI Windows and Doors has demonstrated a comprehensive and effective workplace safety and health program at its facility,” said Michael Rivera, Acting OSHA Regional Administrator.

OSHA’s VPP recognizes private industry and federal agency employers and employees that have implemented effective health and safety management systems and have maintained injury and illness rates below the national Bureau of Labor Statistics averages for their respective industries.

Safety News Links

The Costs of Coal: Lung Transplants for Coal Miners

Chicago Ford Workers Denounce Unsafe Working Conditions and UAW Complicity

NYC to Require 40 Hours of Safety Training

Washington Man Dies in Accident at Mat-Su Landfill

Worker Killed at Duke Energy Facility in New Albany

Neurodata Shows Investing in Workplace Safety Pays Off

Proposed Changes to Safety Rule Suggest Influence of Offshore Drilling Industry

Sharing the Workplace with Robots? New Tool Helps Designers Create Safer Machines

Los Alamos Scientist’s Patented Radiation Detector Could Boost Worker Safety

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What is a Substantially Identical Outfall for Stormwater Permits [40 CFR 122.21(g)(7)]

Federal EPA and state NPDES permitting authorities are authorized at 40 CFR 122.21(g)(7) to allow stormwater permit holders that have two or more outfalls with substantially identical effluents to test only one outfall, and report the quantitative data as applicable for the substantially identical outfalls. EPA’s guidance document titled, Industrial Stormwater Monitoring and Sampling Guide (EPA 832-B-09-003), provides information about how this monitoring exemption applies to industrial facilities where EPA is the NPDES permitting authority.

Facilities permitted under EPA’s 2015 Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity, are required to monitor all outfalls that receive stormwater discharges from their industrial activities. The exception to this rule under the 2015 MSGP provides permittees with the flexibility to monitor the discharge at one outfall and consider the results as representative for all substantially identical outfalls—with this exemption applicable for quarterly visual assessments and industry-specific benchmark monitoring requirements, but not effluent limitation guideline monitoring.

The 2015 MSGP defines substantially identical outfalls as two or more outfalls the permittee believes have discharges of substantially identical effluents based upon similarities that include:

General industrial activities and control measures,

Exposed materials that may significantly contribute pollutants to stormwater, and

Runoff coefficients of the drainage areas

The runoff coefficient is the ratio of excess runoff compared to the amount of precipitation for a given time over a given area. This value will range from 0.0 when there is no runoff potential, up to 1.0 if all the precipitation will run off. The value is increased due to impervious surfaces at a site such as buildings, pavement, or sidewalks and is decreased due to pervious surfaces such as grass or graveled areas.

Let’s consider the following scenario to determine if the facility is eligible for the substantially identical outfall exemption under the terms of the 2015 MSGP:

A metal recycling facility has a uniform scrap metal pile with three drainage ditches that direct discharge from three areas of the pile to three separate outfalls

Runoff from the scrap pile is managed using the same type of control measures in each drainage area

Based on this description, can the substantially identical outfall exemption be used for the three outfalls, or are there any differences in the conditions at the facility—compared to the exemption’s required components—which would prevent the facility’s operator from using the exemption?

The answer is yes, the facility’s operator can use the substantially identical outfall exemption for the three outfalls because all of the required components have been met as follows:

The industrial activities and the control measures being used are all the same,

It can be assumed the runoff flowing through the exposed areas does contribute the same type of pollutants to stormwater discharge, and

The drainage areas have the same or similar runoff coefficients

The 2015 MSGP requires that permittees who use the substantially identical outfall exception document their determinations in their stormwater pollution prevention plan (SWPPP) to include the following:

Location of each substantially identical outfall

General industrial activities conducted in the drainage area of each outfall

Control measures implemented in the drainage area of each outfall

Exposed materials located in the drainage area of each outfall that are likely to be significant contributors of pollutants to stormwater discharges

Estimate of the runoff coefficient of the drainage areas (low = under 40%, medium = 40–60%, high = above 65%)

Why the outfalls are expected to discharge substantially similar effluents

The 2015 MSGP specifies that permittees must perform the quarterly visual assessments for substantially identical outfalls on a rotating basis throughout the period of permit coverage. The permit also specifies that if stormwater contamination is identified in the visual assessment for a substantially identical outfall, permittees must assess and modify the control measures as appropriate for each substantially identical outfall represented by the monitored outfall.

If an event triggers a requirement for a corrective action that is associated with an outfall that has been identified as a substantially identical outfall, permittees must assess the need for corrective action for all related substantially identical outfalls. Any necessary changes to control measures that affect these other outfalls must also be made before the next storm event if possible, or as soon as practicable following that storm event. Any corrective actions must be conducted within the timeframes identified in the permit.

If your facility’s stormwater discharge is under the jurisdiction of a state SPDES permitting authority, you must determine if the state’s stormwater permitting program allows an exemption for substantially identical outfalls and comply with the terms and conditions of your state SPDES stormwater discharge permit that pertain to this exemption.

Learn more about how to effectively manage stormwater at Environmental Resource Center’s Stormwater Regulations – Webcast.

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The post What is a Substantially Identical Outfall for Stormwater Permits [40 CFR 122.21(g)(7)] appeared first on Environmental Resource Center.

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