Each day, we review the Federal Register to keep up-to-date on what’s happening down in DC. Although this review doesn’t capture all activity, it will provide an overview of some of the bigger things that the EPA, OSHA and others are working on

Final Rule: Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals
http://www.gpo.gov/fdsys/pkg/FR-2011-08-08/pdf/2011-17600.pdf

Proposed Rule: Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II)
http://www.gpo.gov/fdsys/pkg/FR-2011-08-08/pdf/2011-19900.pdf

Final Rule: Change of Address for EPA Region 1 Office
http://www.gpo.gov/fdsys/pkg/FR-2011-08-11/pdf/2011-20035.pdf

Proposed Rule: Hazardous Materials Regulations; Compatibility with the International Atomic Energy Agency Regulations
http://www.gpo.gov/fdsys/pkg/FR-2011-08-12/pdf/2011-19872.pdf

Each day, we review the Federal Register to keep up-to-date on what’s happening down in DC. Although this review doesn’t capture all activity, it will provide an overview of some of the bigger things that the EPA, OSHA and others are working on.

Final Rule: Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair and Painting Program
http://www.gpo.gov/fdsys/pkg/FR-2011-08-05/pdf/2011-19417.pdf

Proposed Rule: Proposed Reissuance of a General NPDES Permit for Facilities Related to Oil and Gas Extraction
http://www.gpo.gov/fdsys/pkg/FR-2011-08-01/pdf/2011-19127.pdf

Proposed Rule: National Standards for Traffic Control Devices: Manual on Uniform Traffic Control Devices for Streets and Highways; Revision

http://www.gpo.gov/fdsys/pkg/FR-2011-08-02/pdf/2011-19511.pdf

Proposed Rule: Mandatory Reporting of Greenhouse Gases

http://www.gpo.gov/fdsys/pkg/FR-2011-08-04/pdf/2011-18712.pdf

Proposed Rule: Modifications of Significant New Uses: Tris carbamoyl triazine
http://www.gpo.gov/fdsys/pkg/FR-2011-08-03/pdf/2011-19412.pdf

Friday’s Federal Register Review is a new feature for the PIG® Blog. Each day, we review the Federal Register to keep up-to-date on what’s happening down in DC. Although this review doesn’t capture all activity, it will provide an overview of some of the bigger things that the EPA, OSHA and other entities are working on.

 
Proposed Rule: Changes to the Definition of Solid Waste [PDF]
   

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is proposing to revise certain exclusions from the definition of solid waste for hazardous secondary materials intended for reclamation that would otherwise be regulated under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The purpose of these proposed revisions is to ensure that the recycling regulations, as implemented, encourage reclamation in a way that does not result in increased risk to human health and the environment from discarded hazardous secondary material.

DATES: Comments must be received on or before September 20, 2011.

Final Rule: Mitigatation of Misfueling of Vehicles and Engines With Gasoline Containing Greater Than Ten Volume Percent Ethanol  [PDF]
  

SUMMARY: In two recent actions under the Clean Air Act (CAA), EPA granted partial waivers that allow gasoline containing greater than 10 volume percent (vol%) ethanol up to 15 vol% ethanol (E15) to be introduced into commerce for use in model year (MY) 2001 and newer light-duty motor vehicles, subject to certain conditions. In today’s action, EPA is establishing several measures to mitigate misfueling of other vehicles, engines and equipment with E15 and the potential emissions consequences of misfueling. Specifically, the rule prohibits the use of gasoline containing more than 10 vol% ethanol in vehicles, engines and equipment not covered by the partial waiver decisions. The final rule also requires all E15 gasoline fuel dispensers to have a specific label when a retail station or wholesale-purchaser consumer chooses to sell E15. In addition, the rule requires that product transfer documents (PTDs) specifying ethanol content and Reid Vapor Pressure (RVP) accompany the transfer of gasoline blended with ethanol through the fuel distribution system, and a survey of retail stations to ensure compliance with E15 labeling, ethanol content and other requirements. The rule also modifies the Reformulated Gasoline (RFG) program to allow fuel manufacturers to certify batches of E15. Finally, today’s action denies a petition for rulemaking to require retail stations to offer for sale gasoline containing 10 vol% ethanol or less.

DATES: This final rule is effective on August 24, 2011.

Advanced Notice of Proposed Rulemaking (ANPRM) : Testing of Bisphenol A  [PDF]

SUMMARY: Bisphenol A (BPA) (Chemical Abstracts Service Registry Number
(CASRN) 80-05-7), a high production volume (HPV) chemical, is a
reproductive, developmental, and systemic toxicant in animal studies
and is weakly estrogenic. EPA is providing this ANPRM to request
comment on requiring toxicity testing to determine the potential for
BPA to cause adverse effects, including endocrine-related effects, in
environmental organisms at low concentrations. EPA is also seeking
comment on requiring environmental testing consisting of sampling and
monitoring for BPA in surface water, ground water, drinking water,
soil, sediment, sludge, and landfill leachate in the vicinity of expected BPA releases to determine whether environmental organisms may currently be exposed to concentrations of BPA in the environment that are at or above levels of concern for adverse effects, including endocrine-related effects. This ANPRM is directed only toward the environmental presence and environmental effects of BPA. EPA is working with the Department of Health and Human Services (HHS) on potential human health issues, but is not considering any additional testing specifically in regard to human health issues at this time.

DATES: Comments must be received on or before September 26, 2011.

Proposed Rule: Emission Standards and Test Procedures: Control of Air Pollution From Aircraft and Aircraft Engines  [PDF]

SUMMARY: This action proposes several new NOX emission standards, compliance flexibilities, and other regulatory requirements for aircraft turbofan or turbojet engines with rated thrusts greater than 26.7 kilonewtons (kN). We also are proposing certain other requirements for gas turbine engines that are subject to exhaust emission standards. First, we are proposing to clarify when the emission characteristics of a new turbofan or turbojet engine model have become different enough from its existing parent engine design that it must conform to the most current emission standards. Second, we are proposing a new reporting requirement for manufacturers of gas turbine engines that are subject to any exhaust emission standard to provide us with timely and consistent emission-related information. Third, and finally, we are proposing amendments to aircraft engine test and emissions measurement procedures. EPA actively participated in the United Nation’s International Civil Aviation Organization (ICAO) proceedings in which most of these proposed requirements were first developed. These proposed regulatory requirements have largely been adopted or are actively under consideration by its member states. By adopting such similar standards, therefore, the United States will maintain consistency with these international efforts.

DATES: Comments must be received on or before September 26, 2011.
Hearing: The public hearing will be held on August 11, 2011 at the
Sheraton Chicago O’Hare Airport Hotel, 6501 North Mannheim Road,
Rosemont, IL 60018. Telephone (847)699-6300. See section VII for more
information about public hearings.

Okay, I admit it. I’m a regulation junkie. Just like my favorite comic strips, I can count on the Federal Register being in my in-box each morning.

  
And twice a year, I’m treated to the Semi-annual Regulatory Agenda. Granted, I don’t find it quite as exciting as the Stanley Cup Finals, but it gives me a heads-up on what EPA, OSHA and the other branches of the federal government are planning to do for the next six months.

  
Here’s a quick peek of some of things that I’ll be keeping my eye on:

  
OSHA:
• Reviewing the Bloodborne Pathogen Standard
• Movement on the Combustible Dust Standard
• Healthcare control measures for infectious diseases
• Updates to the slip, trip and fall standard
• Recordkeeping revisions
• And GHS / revisions to the hazard communication standard. (Wow – that should be out next month!)

  
EPA:
• Some proposed rule changes for Stormwater and NPDES permitting and regulation
• EPCRA changes to threshold planning quantities for extremely hazardous substances
• Possible revisions to EPCRA’s Tier I and Tier II reporting
• TSCA updates
• The consideration of adding pharmaceutical wastes to the Universal Waste Rules
• Waste management standards for solvent-contaminated wipers

  
For more information on any of these topics, check out the Federal Register from July 7th.

  
For help with products that help you comply, give us a call!

Facilities in certain manufacturing, mining, utilities and other sectors who have more than ten full time employees, and that manufacture greater than 25,000 pounds of a TRI-listed chemical or otherwise use greater than 10,000 pounds of a listed chemical in a given year are required to provide the EPA with an accounting of how those chemicals have been managed by July 1 of each year. [Thresholds are lower for Persistent, Bioaccumulative, Toxic chemicals (PBTs.]

TRI reporting is a requirement under Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA) of 1986, and the Pollution Prevention Act (PPA) of 1990. A goal of TRI reporting is to ensure that citizens and communities have the information that they need about the chemicals being used, stored, managed and treated in their communities so that they can make informed decisions about preparedness and emergency response needs.

The TRI database currently contains information on over 650 chemicals that are used or managed by more than 23,000 industries. In addition to information about the chemicals themselves, information on the recycling, energy recovery or disposal of those chemicals is also available.

For more information on TRI reporting, or for help with filing, visit http://www.epa.gov/tri/index.htm

For facilities that ship or receive large shipments of oil or oil products, part of complying with SPCC regulations (40 CFR 112) is the requirement to be prepared for spills during bulk loading and off-loading and to have a Facility Response Plan (FRP).

Drainblocker® Stormwater Drain Covers are a simple tool that can be a form of active containment for Facility Response Plans, and used as an everyday good engineering practice for oil and fuel containment.

Certain facilities with large quantities of oil are required to have a Facility Response Plan as part of their SPCC Plan.    A Facility Response Plan is a document that details how a facility will respond to oil discharges.

If employees are trained to respond to spills as part of this Plan, a Drainblocker® Drain Cover is something that they can used as a fast response tool.   They are a form of active containment can be quickly deployed to cover and seal drains to prevent oil or fuels from entering the drain – which sometimes means the difference between “just a spill” and a reportable spill.

However, let’s step back and remember that SPCC planning is primarily about all of the proactive steps that will be taken to so that you don’t need to put your Facility Response Plan into action.    The EPA calls these steps “good engineering practices.”

Good engineering practices can take many forms.   They can include having spill kits available throughout the facility, teaching employees to keep containers closed when they are not in use, providing fuel containment, requiring oil suppliers to have documented safe transfer procedures… in short, they can be any type of practice, procedure or process that will help prevent oil from leaving the facility.

The EPA leaves it up the facility to determine what good engineering practices make sense for them.  For some people, preparing for spills during transfer might mean portable fuel containment pools.   For others, it might mean opening a valve that will allow a spill to channel to a holding tank.

Many facilities are using Drainblocker® Drain Covers as a good engineering practice, and we think that they are a great choice for a lot of applications – give us a call to see if they’ll be a good tool for your compliance shed.

A new campaign hopes to bring 12,000 rain gardens to the Puget Sound area by 2016. And, as of this morning, 615 have already been established!

Although this effort is primarily aimed at homeowners and residential areas that aren’t traditionally governed under EPA’s Stormwater Regulations in the same way that industry is regulated; the coordinators of this program say that if it is successful, it will help prevent about 160 million gallons of polluted stormwater runoff from entering storm drains each year. (Remember that sediment is a form of pollution, so residential rooftops, driveways and other hard surfaces can all be sources.)

For more information on this program, visit one of the websites shown below.

http://www.12000raingardens.org/

http://www.publicnewsservice.org/index.php?/content/article/19582-1

And, if you’re looking for creative solutions to help improve your facility’s Stormwater Pollution Prevention Plan, (SWPPP) visit our website or give us a call at 1-800-HOT-HOGS® (468-4647). We’ve got products to block drains, filter runoff and discharge, capture fluids for treatment and protect materials stored outdoors.

Secondary containment is at the heart of many SPCC requirements, and that makes sense, because when spill containment systems are in place, oil spills are less likely to leave a facility, triggering spill reporting requirements.

Providing fuel containment for tanks and drums that don’t really move too often is one thing – but providing secondary containment for things that are always on the go can be a bit more frustrating.

Many facilities have found portable containment pools to be a fast, affordable solution.    They can be set up just about anywhere spill containment is needed; stand up to repeated uses; and can be sized to meet nearly any secondary containment need.

One of the main applications that we see our Collapse-A-Tainer® Systems being used for these days is for providing fuel containment during offloading.   If a hose breaks, a coupling fails, or a tank bursts, everything is contained.    And, for faculties that may only receive bulk oil deliveries once a week or once a month, these secondary containment units can be folded up and stored out of the way until they’re needed again.

For facilities that need something a little more portable, pop-up-pools are another popular spill containment option.   Although they aren’t large enough to contain a catastrophic tank failure, pop-up pools are idea for “likely” failure scenarios, such as coupling failures or hose leaks.     If a receiving area already has secondary containment, these pools can help keep small spills contained so that clean up is faster and easier.

Whether you need a small pool to contain 30 gallons, or one large enough to contain 10,000 gallons, portable pools may be the answer!

Our nation recently marked the centennial of the tragic Triangle Waist Factory Fire that claimed the lives of 146 workers on March 25, 1911. Many of the victims, ranging in age from 14 to 48, were killed by the smoke and flames. Others jumped from the building to avoid being consumed by the fire.

Fortunately, this incident and others like it called many to action, and drew attention to the need to protect America’s workers. The American Society of Safety Engineers (ASSE) was formed on October 14, 1911 as a result of the incident. A handful of unions also used this tragedy to garner support for their organizations and push their plight for better working conditions.

Fire companies started looking at fire prevention opportunities in addition to fire fighting strategies. Building codes were revised, and new ones were developed. To this day, this tragedy is still studied by the fire service community and hard lessons are still learned from it.

In 1970, the Occupational Safety and Health Administration (OSHA) was created. With the newly created safety regulations came the tooth to enforce them. As we look at workplace safety conditions now that are world apart from the pictures painted 100 years ago, members of the safety community know that there is always room for improvement.

Violations to the hazard communication standard are always in “OSHA’s Top Five.”

Slips, trips and falls are still the number one cause of injury and lost work time.

Exit routes are still deemed to be insufficient or unsuitable.

The difference now is that we have the tools and the knowledge to make workplaces safer. We also have the tragedies of the past as vivid reminders of what can happen when we take shortcuts or ignore these duties.

Need help selecting safety products?    Give us a call.   Helping you keep your workplace cleaner and safer is our top priority.

When fuel containment is needed at your facility, concrete spill containment berms are probably one of the first things that come to mind – along with the time and expense to have them installed.

Often, containment berms are made of concrete or earthen materials, and are part of an engineered containment design for the fuel containment area.   While there’s nothing wrong with these systems, in fact, they are a nice solution; concrete spill berms don’t always allow full access to tanks or storage areas, they are usually expensive, and they are hard to remove if the facility design or containment needs change.

If your facility needs fuel containment solutions to satisfy the active secondary containment requirements of SPCC planning, flexible spill containment berms like our Build-A-Berm® Barrier are a solution worth considering.   They are more affordable than concrete berms, they allow easier access to fuel containment areas, and they can be easily moved if your needs change.

Our Build-A-Berm® spill berms are easy to install, and are available in 1.5”, 2”, 4” and 6” heights.  Just seal them to the ground with sealant, and connect the top sections and corners with vinyl cement and you can create a spill containment berm just about anywhere – and in far less time than it will take an engineering firm to give you the first draft of their design.

Because Build-A-Berm® containment berms have a foam core, they remain flexible, allowing carts, forklifts and delivery trucks to pass over them easily without the need for ramps, and without the big bump.

A heavy-duty version of the 2” Build-A-Berm® Barrier is also available for heavy traffic areas. We even offer a draining plug to facilitate draining of the fuel containment area (after you’ve sampled the collected rainwater or snowmelt, of course.)

For facilities that only need passive secondary containment, consider our polyurethane spill berms.    Our Spillblocker® Dikes can be put down proactively before routine fuel deliveries, or deployed quickly in the event of a spill.    These spill containment berms are super-flexible to channel and contain liquids just about anywhere.   They create an instantaneous firm seal on smooth surfaces to keep spills contained and out of sensitive areas like storm drains.

So whether you need active or passive containment berms, give us a call.  Chances are we have an affordable alternative to concrete.