Apr 26, 2017
Baby Boomers Still in Party Mode: Alcohol Use on the Rise Among Wisconsin Residents Age 65 and Older
Last month, ACA submitted several sets of comments to EPA addressing the agency's proposed rules under the recently amended TSCA.
The Frank R. Lautenberg Chemical Safety for the 21st Century Act, signed into law on June 22, 2016, mandates the agency to restrict chemicals already in commerce that pose unreasonable risks to public health and the environment. Since January, EPA has released multiple proposed regulations that will impact how EPA evaluates chemicals used in the coatings industry. ACA has been actively developing coatings industry positions and comments on these important rulemakings. As these rules are finalized, ACA will provide compliance materials for the industry.
EPA's Jan. 19 proposed rule aims, among other restrictions, to prohibit the manufacture (including import), processing, and distribution in commerce of methylene chloride for consumer and most types of commercial paint and coating removal. EPA also proposed similar restrictions for NMP, along with alternative proposals. Under the first approach proposed for NMP, EPA proposed to prohibit the manufacture (including import), processing, and distribution in commerce of NMP for all consumer and commercial paint and coating removal, with exemptions for certain coating removal uses that EPA proposes are critical to national security. EPA is also proposing to prohibit the commercial use of NMP for paint and coating removal, with exemptions for certain coating removal uses that EPA proposes are critical to national security. These exemptions include the condition that any exempt paint and coating removal products containing NMP be packaged in containers with a volume no less than five gallons.
Unlike the option proposed for methylene chloride, these exemptions do not include the use of NMP in furniture refinishing. EPA is also proposing to require manufacturers (including importers), processors, and distributors, except for retailers, of NMP for any use to provide downstream notification of these prohibitions throughout the supply chain, and to require limited recordkeeping. Under the second approach proposed for NMP, EPA is proposing a reformulation, personal protective equipment (PPE), and labeling approach. This would require the following:
- product reformulation to limit the concentration of NMP in paint and coating removal products;
- testing of product formulations to identify specialized gloves that provide protection;
- relabeling of products to provide additional information to consumers; and
- an occupational dermal and respiratory protection program for commercial use of NMP in paint and coating removal, downstream notification when distributing NMP for other uses, and limited recordkeeping.
SCAQMD will likely add these methods to all its coating VOC rules in the future.
Currently, most coating VOC rules define VOC based on the U.S. Environmental Protection Agency's (EPA) Method 24. Method 24 defines a VOC as a compound that evaporates after 1 hour at 110 degrees C (minus water and exempt VOCs).
ACA is concerned that the high injection port temperatures of ASTM D6886 and Method 313 tend to breakdown, decompose or "disassociate" larger compounds — including resins, preservatives, and other raw materials — resulting in higher VOC contents. In addition, Method 313 utilizes a VOC Marker (Methyl Palmitate) that likely results in more compounds being identified as VOC, compared to EPA Method 24. In SCAQMD Method 313, compounds that elute before Methyl Palmitate are defined as VOCs versus compounds that elute after Methyl Palmitate are not considered VOCs. Many "semivolatiles" that companies would not consider VOC based on formulation data or that would might not evaporate via Method 24 may be counted as VOCs under Method 313. As such, ACA is concerned that a coating that was compliant based on formulation data or EPA Method 24 may or may not be complaint under SCAQMD Method 313.
Additionally, apart from SCAQMD, there are no commercial labs that run Method 313. Even while ASTM D6886 produces somewhat similar results to Method 313, the repeatability (i.e., how well the method performs on the same instrument) and reproducibility (i.e., how close the results are from two separate labs) statistics for Method 313 have not been developed, so it is very difficult to correlate SCAQMD Method 313 results and results of others labs (if they were to run Method 313).
At ACA's request, SCAQMD is actively engaged with industry labs in a roundrobin study to determine reproducibility and repeatability of Method 313. ACA is also working with SCAQMD to develop an "Exclusion Pathway" to exclude compounds that elute before, but are likely less volatile than Methyl Palmitate.
Now, EPA is proposing to significantly and concretely delay the effective date of the RMP final rule amendments until February 2019. This latest delay would allow EPA more time to review and reconsider the final RMP rule amendments.
The final RMP rule amendments have encountered extreme resistance since EPA first issued them in mid-January. EPA stated that the amendments made to the final rule were aimed at modernizing RMP by (1) making changes to the accident prevention program requirements, (2) enhancing the emergency response and preparedness requirements, and (3) modifying the information availability requirements. However, numerous industry members and trade associations have continued to push back against implementation of these amendments.
In March, ACA and 20 other trade associations signed onto a coalition petition to Congressional leaders urging them to utilize the Congressional Review Act (CRA) to block implementation of this rule. ACA and the other trade associations maintained that the final RMP rule not only imposes significant new costs without identifying or quantifying the safety benefits that will be achieved through these new requirements; but that it may compromise the security of facilities, emergency responders, and communities. Moreover, ACA and the other trade associations underscored that the current RMP regulations are not in need of revision because they include requirements that have produced and will continue to drive continuous safety improvements and already provide robust protection for our employees and the public.
Because of this coalition effort, Representative Markwayne Mullin (R-OK-2) introduced H.J.Res.59 on Feb. 1, that would allow RMP to be overturned in Congress if the CRA joint resolution of disapproval passes in both the House and Senate. Sen. James Inhofe (R-OK) is the Senate sponsor of this CRA joint resolution. Industry members and trade associations are continuing their lobbying effort in D.C. to try and push this joint resolution through Congress.
The U.S. Environmental Protection Agency's (EPA) final rule for Chemical Substances When Manufactured or Processed as Nanoscale Materials – TSCA Reporting and Recordkeeping Requirements was published on Jan. 12, 2017, with an effective date of May 12, 2017.
While EPA has said that it plans to issue guidance on the rule within 1-2 months after the effective date, ACA is developing compliance guidance for its members. In the meantime, ACA, as a member of the NanoManufacturing Association (NMA), sent a letter to EPA Administrator Scott Pruitt requesting a meeting to discuss the need for a stay on the nano-reporting rule, at least until guidance is issued. The letter underscores that the nano-reporting rule would fall under Jan. 20, 2017 White House "Regulatory Freeze" Memorandum, which extended the effective date for 60 days of rules that had been published but not yet taken effect. The letter also noted that the implementation guidance would fall under "substantial guidance" as defined in the Jan. 30, 2017 Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs (Executive Order (E.O.) 13771). E.O. 13771 clarifies that "substantial guidance" is within its scope, and will cause further delays in EPA issuing guidance on the nano-reporting rule, which would leave companies in the dark about compliance with the rule for even longer.
The final nano-reporting rule requires a one-time reporting and recordkeeping of existing exposure and health and safety information on nanoscale chemical substances in commerce, and that companies that manufacture (including importing) or process certain chemical substances already in commerce as nanoscale materials notify EPA of certain information, including specific chemical identity; production volume; methods of manufacture; processing, use, exposure, and release information; and available health and safety data, to file nanomaterial reports on May 12, 2018. There is also a standing one-time reporting requirement for persons who propose to – after May 12, 2017– manufacture or process a discrete form of a reportable chemical substance. This rule is expected to impact business development and will require greater control over product distribution.
The principle concern with the rule for the paint and coatings industry is that nanoscale materials, which may be incorporated into paint products, would not be available since they would be bound in the dry coating film. The use of emulsion polymers and the milling of pigments during the coating manufacturing process could fall below the 100 nanometers threshold and potentially trigger reporting under the final rule. Emulsion polymers and milling processes have been conducted for decades in the industry, and there is minimal opportunity for exposure to the nanoscale material after the film cures. Given the low exposure and low risk of these applications, ACA believes that EPA should exempt these substances from the reporting requirements. Existing federal information and regulatory programs for these substances provide adequate safety standards. While there are likely 10 to 15 coatings companies that will be required to report under this rule, the requirement alone could cost the industry up to $1.5 million.
Apr 25, 2017
Universal Remediation would like to invite you to the Milwaukee Remediation Workshop on Thursday, April 27th at the Radisson Hotel Milwaukee West. Over 6,000 people have registered for workshops so far and there is typically a good mix of consultants, regulators, and industrial managers.
Our half-day technical workshops cover a range of topics from bioremediation, chemical oxidation, metals stabilization, thermal desorption, and many others. Thanks to the workshop sponsors & exhibitors there is NO CHARGE for you to attend!
A hot lunch buffet is also provided and you'll also receive a certificate for 4 PDH credits.
I also wanted to draw your attention to a video we have on our website that will give you a quick peek inside one of our workshops: https://www.youtube.com/watch?
11:15 - Registration, hot buffet lunch is served, and networking with exhibitors
11:45 - Welcome from a Workshop Representative
12:00 – Opening Remarks from Jim Delwiche with the Wisconsin Department of Natural Resources
12:15 – Dora Taggart – "Incorporating Molecular Biological Tools into Site Management"
1:05 – Gary Simpson – "In Situ Remediation Using Trap and Treat® Technologies"
1:55 - BREAK
2:15 – Drew Dintaman – "Remote Monitoring Made Real Time"
3:05 – Bill Newman – "Economic and Technical Analysis of Electron Donors for Anaerobic Bioremediation Applications"
3:55 - BREAK
4:10 – Rich Cartwright – "Innovative Petroleum Remediation Solutions"
5:00 - After-hours networking hosted by one of our sponsoring organizations
Milwaukee Workshop Location – Thursday, April 27th
Radisson Hotel Milwaukee West – 2303 N Mayfair Rd, Milwaukee
Even though it's a FREE workshop, you must register online so that we know how much food to order.
Apr 21, 2017
S. 724, a bill to amend the Federal Power Act to modernize authorizations for necessary hydropower approvals
The Federal Energy Regulatory Commission (FERC) regulates nonfederal hydropower projects. Prior to constructing such a project, a sponsor must obtain a license from FERC; once issued, licensees must commence construction within a specific period of time. Before applying for a license to commence construction, a potential licensee has the option to seek a preliminary permit for a particular site, which guarantees that a license application subsequently filed by the permittee will be considered before any other applications for licenses to construct projects on that site.
S. 724 would extend, from 4 to 10 years, the maximum length of time by which licensees would have to commence construction of a hydropower project under a FERC license. The bill also would extend, from five to eight years, the maximum length of time covered by a preliminary permit. View Document
Specifically, EPA seeks public input on rules that could be made less burdensome. EPA's actions are in line with Executive Order 13777, "Enforcing the Regulatory Agenda," which, among other things, "requires each agency to create a Regulatory Reform Task Force to evaluate existing regulations and to identify regulations that should be repealed, replaced, or modified."
Both meetings will be held on May 1, 2017 at EPA.
The first meeting will be held from 9 AM to 12 PM and address regulations developed under Subchapters I, II, and VI of TSCA (Control of Toxic Substances, Asbestos Hazard Emergency Response, and Formaldehyde Standards for Composite Wood Products, respectively), as well as Subchapter II § 11023 of EPCRA (the Toxic Release Inventory).
The second meeting will be held from 1 PM to 2:30 PM and address regulations developed under Subchapter IV of TSCA (Lead Exposure Reduction).
To attend in person or via web conference, register here for the first meeting,
and here for the second meeting
Registration for both meetings is open until April 27, 2017.
Additionally, EPA is accepting comments until May 15, 2017.
USA--On Monday, April 24, the EPA will be hosting a public teleconference from 11:00 AM to 2:00 PM EDT to seek public and stakeholder input on the impacts of air and radiation regulatory actions. Registration for the teleconference is not required.
Participant dial-in number: (800) 305–3182
Conference ID number: 8535873
Further details about EPA's stakeholder outreach can be found here
USA--EPA to Repeal and Replace WOTUS With Two Separate Rulemaking Processes
EPA to Repeal and Replace WOTUS With Two Separate Rulemaking Processes
April 10, U.S. Environmental Protection Agency ("EPA") Administrator Scott Pruitt, in a letter inviting state and local leaders to Washington D.C. to discuss EPA's strategy to rescind and replace the Waters of the United States ("WOTUS") rule, stated that the agency plans to use an "expeditious, two-step process" to reach that goal.
EPA's actions are in line with Executive Order ("EO") 13778, titled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule," which directs EPA to repeal or re-write the regulation.
Upon repeal, EPA would revert back to the 1986 definition, further explained by guidance issued during the George W. Bush administration, of WOTUS. This definition is currently the status-quo, as the 6th Circuit Court of Appeals has stayed the regulation, pending litigation.
USA--D.C. Circuit Strikes Down Farm Pollution Rule
Today (April 11), in Waterkeeper Alliance, et al. v EPA, the D.C. Circuit Court of Appeals struck down the U.S. Environmental Protection Agency's ("EPA") Farm Pollution Rule, which would exempt most farms from air pollution reporting requirements for emissions from animal waste under the Emergency Planning and Community Right-to-Know Act ("EPCRA") and the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA").
In its opinion, the three-judge panel unanimously agreed that Congress did not give EPA the authority to make such exemptions. Specifically, the opinion notes that EPA cannot ignore a statute "whenever it decides that the reporting requirements aren't worth the trouble" and that EPA did not properly consider the tools at its disposal to fight such emissions.
USA--EPA Proposes Delayed Implementation of Risk Management Program Rule
April 3, the EPA proposed pushing back the effective date of the Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act to February 19, 2019. According to EPA, the delayed effective date will allow the agency "time to consider petitions for reconsideration of this final rule," including possible regulatory action or revision of the rule. The EPA is accepting comments on the proposal until May 19, 2017.
on March 2, Sens. Inhofe (OK), Cornyn (TX), Barrasso (WY), Moran (KS), and Johnson (WI) introduced a Congressional Review Act resolution seeking to repeal the final RMP rule. Rep. Mullin (OK-2) previously introduced a CRA resolution on the rule in the House.
USA--The DOT HM-215N Final Rule
The HM-215N Final Rule was officially published March 30 in the Federal Register. In this final rule, PHMSA is amending the HMR to maintain consistency with international regulations and standards by incorporating various amendments.
USA--EPA Releases Initial Mercury Inventory Report
March 29, the U.S. Environmental Protection Agency ("EPA") published a notice in the Federal Register announcing the release of its initial report on mercury supply, use, and trade in the United States, pursuant to section 8(b)(10)(B) of the Toxic Substances Control Act ("TSCA"), as amended by the Lautenberg Chemical Safety Act ("LCSA").
The report focuses on mercury as a commodity and identifies "any manufacturing processes or products that intentionally add mercury." Specifically, EPA addresses this in three parts:
1. An introduction, including those laws affecting mercury supply and trade and the sources of information contained in the report;
2. Elemental mercury, including its supply, sources of the supply, uses, and trade; and
3. Mercury compounds, including their supply, uses, and trade.
The inventory report was to be released by April 1, 2017, and will be published every three years thereafter. EPA has stated that in future inventory reports, in addition to identifying any manufacturing processors or products that intentionally add mercury, it will "recommend actions, including proposed revisions of Federal law or regulations, to achieve further reductions in mercury use."
cANADA-- WHMIS 2015 Compliance, Deadlines and Recent Technical Guides
On February 11, 2015, the federal government launched WHMIS 2015 to align with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), revision 5 of the Purple Book. CPCA wishes to remind all manufacturer/importer members that they must ensure full compliance of their significant data sheets and labels with WHMIS 2015 by the fast-approaching implementation deadline of May 31, 2017.
Since the WHMIS 2015's introduction in Canada, CPCA has developed and updated its own technical guidance document with regard to new GHS conversion requirements. This document is a compilation of numerous sector-related Q&As obtained from CPCA members and addressed to the WHMIS desk. This document complements the Technical Guidance Parts I & 2 Report published last year by Health Canada as well as the general information on the legislation and training currently available on the WHMIS.org portal. You can find this CPCA document, entitled "CPCA WHMIS 2015 Preliminary Conversion Guidance for Paint Manufacturers" in the Members Only section of canpaint.com under "Resources." If you do not have access to this section, please contact Micheline Foucher to obtain your company's access and log-in information.
Extensive information such as courses, fact sheets, posters and webinars are available on the WHMIS.org portal, as well as references to the legislative statutes and related requirements in all provincial and territory jurisdictions across Canada.
I. WHMIS Compliance Deadline for Manufacturers and Importers
All industrial paint manufacturers and importers must ensure their products sold in Canada are converted to WHMIS 2015 as of June 1, 2017. Other criteria include:
• All your SDS/labels of products manufactured or shipped after that date should be WHMIS 2015 compliant
• Manufacturers and importers should end the sales of old labels/MSDS
• All staff must be trained for WHMIS 2015
II. Other WHMIS 2015 Implementation Deadlines
• December 1, 2017: Health Canada will only accept employer claims with WHMIS 2015 SDSs and labels.
• June 1, 2018: Distributors should have cleared all their old labels from the market.
• December 1, 2018: Any remaining purchases of old MSDS/labels in the workplaces end by this date. The transition to WHMIS 2015 must be completed for all employers and workers. Note: Related requirements with respect to WHMIS 2015 completion may vary slightly from one provincial jurisdiction to the next. However, all manufacturers, importers, distributors, and federally regulated employers using hazardous products in the workplace must comply with WHMIS 2015 fully.
III. WHMIS 2015 Implementation e-Training from Health Canada/CCOHS
The Canadian Centre for Occupational Health and Safety (CCOHS) is Canada's national resource for workplace health and safety. CCOHS offers WHMIS 2015 online training materials—developed jointly with Health Canada—that are available for purchase on its website. Please also note that CPCA offers rebates for online training materials developed by the ICC.
Upon a CPCA enquiry, Health Canada noted that it could not provide any kind of spreadsheet or template to share with SMEs for ease of conversion of labels and safety data sheets with WHMIS 2015. However, the CCOHS is offering several SDS templates and pictograms:
• WHMIS 2015 SDS Template and MSDS to SDS Whitepaper
• WHMIS 2015 (GHS) Pictograms
• Other WHMIS 2015 informatio
Thursday, May 4th at 10AM CDTREGISTER NOW
Apr 20, 2017
NIOSH's Occupational Health Safety Network (OHSN) can help reduce worker injuries
The National Institute for Occupational Safety and Health has established a web-based injury and exposure monitoring system available at no cost to healthcare facilities. This secure system enables participating facilities to analyze worker injury and exposure data that they already collect. Trends for traumatic injury and hazardous exposures are visualized using a chart function. The system allows facilities to track five common work-related injuries and exposures in healthcare: sharps injuries; blood and body fluid exposure; slips, trips, and falls; patient handling injuries; and workplace violence. Visit the OHSN webpage for more information and to begin the enrollment process.
Every year, more than 4,000 workers die on the job and nearly four million workers are injured or made sick at work. Workers' Memorial Day is held on April 28 to honor those workers and renew the commitment to protect the safety and health of all workers. Regional OSHA offices, worker organizations, and individuals affected by these tragedies will hold events to honor workers across the country. For a full list of events, and to find one near you, visit the Workers' Memorial Day webpage.