Feb 15, 2017
Long-burning Paradis pipeline fire finally extinguished, officials say
AASHE Award Winner Free Webinars - starting today!
Feb 13, 2017
CHINA: Samsung’s Note 7 recycling center catches fire, company blames faulty batteries
Former Note 7 owners working at the factory reported that the odor was nostalgic with a hint of cancer.
A fire at a Samsung plant actively involved in recycling Note 7 batteries isn't good, but it can be spun in an encouraging way. First, it can be argued to represent objective proof that no, these batteries were dangerous and Samsung's recall was the right thing to do. Perhaps more importantly, investors don't really care if the parts of your plant involved in waste management and recycling catch fire (not unless you're a recycling plant, anyway, in which case that's bad).
Acknowledging that a fire began in the area of the plant dedicated to producing batteries for upcoming Samsung products, on the other hand… well. There's this little device you've probably heard of, called the Galaxy S8, and Samsung is hoping it'll prove very popular, washing out the melted-phone-and-charred-house odor of the Galaxy Note 7. A fire at one of its facilities dedicated to producing smartphone batteries in particular, at a subsidiary already blamed for the Note 7 recall is a bad way to accomplish that goal.
There is as yet no sign that Samsung's Note 7 fiasco has hit the company's popularity or appeal, but that's the kind of problem you don't keep provoking. Having screwed the pooch on the Note 7, Samsung will be dead-set on ensuring the same thing doesn't happen to the Galaxy S8. One bad product is a fluke. Two are typically a sign that something is badly wrong in your manufacturing division.
Feb 10, 2017
EPA: Comment Period Extended for Two Rules on TCE
2017 Annual Report on Risk Evaluations
EPA- The first annual report on risk evaluations as required under the amended TSCA.
- The 2017 Annual Report on Risk Evaluations (PDF)(3 pp, 81 K, February, 2017)
U.S. Chemical Safety Board Investigators Deploying to Explosion at Packaging Corporation of America plant in DeRidder, Louisiana
Explosion at Flamanville nuclear power plant in France leaves several injured
Feb 9, 2017
S. 134, Spoofing Prevention Act of 2017
S. 102, Securing Access to Networks in Disasters Act of 2017
The Possible Impact of Regulatory Reductions on Workplace Safety Enforcement via @safetec
EPA Approves Wisconsin Multi-Discharger Variance for Total Phosphorous via @michaelbestlaw
Michael Best & Friedrich LLP: On February 6, 2017, the U.S. Environmental Protection Agency (EPA) approved Wisconsin's Multi-Discharger Variance (MDV) for Total Phosphorous. The MDV establishes an additional and less-costly compliance option for eligible point sources seeking relief from burdensome phosphorous discharge limitations. The EPA's approval of the MDV will last for a period of 10 years, but may be extended if the Wisconsin Department of Natural Resources (WDNR) requests and receives an extension. In a draft version of its MDV Justification submission for the EPA, WDNR indicated that an extension will likely be necessary.
Phosphorous Standard
In 2010, the WDNR promulgated rules creating a phosphorous standard intended to reduce the amount of phosphorous entering the state's watersheds. Following approval by the EPA, those rules became the federally enforceable water quality standard upon which discharge limits for point sources are calculated. Complying with the new discharge standards proved to be an exceedingly difficult challenge, and many facilities sought approval for individual variances. As the number of facilities seeking variances increased, the state sought to streamline the process, which resulted in the development and passage of 2013 Wis Act 378.
Act 378, which became effective in 2014, directed the WDNR and the Wisconsin Department of Administration to investigate the costs associated with attaining the water quality standard for phosphorous and its impact on the state's economy. That study revealed that compliance with the phosphorous standard would result in "substantial and widespread adverse social and economic impacts to the state," prompting WDNR to request EPA approval for this MDV.
Compliance Options
The MDV extends the timeline under which point sources must comply with phosphorous limits, including those based on a federally approved total maximum daily load (TMDL). To be eligible to apply for an MDV, a point source must be an existing facility that would require a major facility upgrade to comply with its phosphorous water quality-based effluent limitations (WQBEL). If a facility meets the eligibility criteria and requests an MDV, the facility's Wisconsin Pollution Discharge Elimination System (WPDES) permit will, upon approval, be modified or reissued with two important conditions. First, each point source must reduce its phosphorous load each five-year permit term. The final MDV approved by the EPA includes the following default limitations for each permit period:
- Permit term 1: 0.8 milligrams per liter (mg/L)
- Permit term 2: 0.6 mg/L
- Permit term 3: 0.5 mg/L
- Permit term 4: Phosphorus WQBEL
These default limitations may be adjusted if attainment is not feasible. Moreover, every five years the WDNR will review these interim phosphorous limitations to determine whether they are consistent with the highest attainable condition for the point sources and categories of point sources that are eligible for the variance.
A point source receiving an MDV must also implement a watershed improvement project to help reduce nonpoint source phosphorous pollution. These projects must include a binding, written agreement with either WDNR or other third parties to offset the amount of phosphorous by which the point source's discharge exceeds the target value. If a point source is located in a watershed for which a TMDL has been approved, its target value is the phosphorous discharge limitation included in its WPDES permit pursuant to the TMDL. If the point source is located in a watershed not subject to a TMDL, the target value is .02 mg/L. Alternatively, a point source may elect to pay its county Land Conservation Department $50 per pound of phosphorous discharged in excess of the target value. The per pound payment will be adjusted annually in proportion to any changes in the U.S. consumer price index for urban consumers. However, the per pound payment in effect when the permit is issued will apply for the full permit term.
Further information will be provided at a webinar hosted by the DNR, scheduled for 11 a.m. CDT on Monday, February 27, 2017.
Feb 8, 2017
NOT for all the tea in China...heavy metals from drinking tea from China from
Answer:
The @Brownfields2017 Call for Ideas Is Open! Please submit your session ideas
TOXMAP now includes TRI 2015 data
TOXMAP maps the TRI chemicals reported to the Environmental Protection Agency (EPA), as required by the Emergency Planning and Community Right to Know Act (EPCRA).
A complete list of TRI chemicals required to be reported to the EPA can be found on their website.
Supporting Training for Emergency Response to Chemical, Biological, Radiological, and Nuclear Incidents
By Kenneth Deal
In 2011, an earthquake and tsunami brought unimaginable destruction to Japan. These natural disasters were made more catastrophic by their impact on nuclear reactors at Fukushima. Though almost six years have passed, the life-threatening and massively destructive effects of this disaster remain a vivid reminder of the critical importance of national preparedness for chemical, biological, radiological, and nuclear incidents.
Given the far-reaching effects and potential destruction of a natural or man-made chemical, biological, radiological, or nuclear incident, preparedness at national levels is an international concern. If an incident of this nature were to occur, a country's response within the first 24 to 48 hours is the most likely window to contain the danger and save lives. The complexity, uncertainty, and unexpectedness of these incidents make advance coordination crucial.
The U.S. Department of State's Office of Weapons of Mass Destruction Terrorism coordinates the United States government's efforts to help partner nations around the globe confront challenges like these efficiently and effectively. Working with the Department of Defense's Defense Threat Reduction Agency and other U.S. federal agencies, we facilitate the delivery of a range of training programs and exercises designed to strengthen response authorities, plans, and procedures. On average, we support 10 to 12 events per year. These initiatives improve our response capabilities as well as the capabilitiesof our partner countries, advancing international security.
Kenya is one such partner. Last month, experts from the U.S. Departments of State, Defense, and the Commonwealth of Massachusetts – Kenya's National Guard State Partner – conducted Exercise "Nairobi Treasure" with key Kenyan ministries. This tabletop exercise builds on a long history of cooperation between the United States and military and civilian chemical, biological, radiological, or nuclear first responders in Kenya. The exercise offered a hypothetical incident to Kenyan ministries and agencies, giving them the opportunity to hone their roles and responsibilities. Designed to stimulate discussion, the exercise required participants to examine and resolve problems based on existing response plans, then to identify areas in which those plans needed to be refined.
Kenyan participants included officials from several ministries, military units and civilian national response organizations. Broad participation in this exercise demonstrates Kenya's firm commitment to developing civilian and military first response capabilities, furthering the country's role as a regional leader in this field. "Nairobi Treasure" enabled the Government of Kenya to exercise and strengthen the tools it has in place to respond to chemical, biological, radiological, or nuclear incidents.
The Fukushima nuclear accident was devastating for many reasons: it was unanticipated; it had a complex array of destructive immediate and long-term effects; and it called on Japanese agencies and officials to respond and recover at a time of national devastation. Chemical, biological, radiological, or nuclear incidents require comprehensive national preparedness. In the face of these potential threats, exercises like "Nairobi Treasure" are some of the best tools the United States offers internatio
Feb 3, 2017
Final Rule for Control of Communicable Diseases Uses International Quarantine Powers To Stop Outbreaks
CDC - The Department of Health and Human Services (HHS) Centers for Disease Control and Prevention (CDC) published the final rule for the Control of Communicable Diseases on January 19th, 2017 which includes amendments to the current domestic (interstate) and foreign quarantine regulations for the control of communicable diseases. These amendments have been made in response to public comments received regarding the notice of proposed rulemaking published on August 15, 2016. This final rule improves CDC's ability to protect against the introduction, transmission, and spread of communicable diseases while ensuring due process. This rule will become effective on February 21st, 2017. The final rule is published on the Office of the Federal Register's website.
Response to public comments
HHS/CDC published a Notice of Proposed Rulemaking (NPRM) on August 15, 2016, and received 15,800 public comments from individuals, stakeholders, and other interested parties during the 60-day comment period.
These comments covered a range of topics, including concerns regarding:
- agreements between the CDC and persons subject to federal public health orders,
- forced vaccination or medical treatment,
- CDC's constitutional and statutory authority for carrying out quarantine and isolation,
- data collection from aircraft and vessel operators,
- people being quarantined for non-quarantinable illnesses,
- due process,
- electronic monitoring and surveillance of persons subject to federal public health orders,
- the proposed definition and requirement for airline and vessel operators to report an "ill person,"
- public health risk assessments being made by non-medically trained personnel,
- payment for hospital and other expenses for persons subject to federal public health orders, and
- the proposed definition of "indigent."
The Final Rule:
- Outlines the provisions to reflect input received from individuals, industry, state and federal partners, public health authorities, and other interested parties.
- Does not authorize compulsory medical testing, vaccination, or medical treatment without prior informed consent.
- Requires CDC to advise individuals subject to medical examinations that such examinations will be conducted by an authorized health worker and with prior informed consent.
- Includes strong due process protections for individuals subject to public health orders, including a right to counsel for indigent individuals.
- Does not expand CDC's authority beyond what is granted by Congress, nor does it alter the list of diseases subject to federal isolation or quarantine, which is established by an Executive Order of the President.
- Limits to 72 hours the amount of time that an individual may be apprehended pending the issuance of a federal order for isolation, quarantine, or conditional release.
- Provides the public with explicit information about how and where the CDC conducts public health risk assessments and manages travelers at US ports of entry.
For more information about the Final Rule, please visit the Office of the Federal Register's website.
Source: https://www.cdc.gov/quarantine/final-rule-communicable-diseases.html
Looking for data on safety hazards in a specific industry from other health or labor departments
NIOSH - Clearinghouse Showcases States' Health & Safety Publications
- Ever wonder which states track work-related heat illness or address it in different industries?
- Want to search OHB's 800 publications by keyword or browse them by language, industry, or health condition?
- Looking for data on safety hazards in a specific industry from other health or labor departments?
Check out the State-based Occupational Health Surveillance Clearinghouse!
CDC's National Institute for Occupational Safety and Health or NIOSH supports California and other state health departments and universities to track and study work-related injuries and illnesses. NIOSH set up the Clearinghouse to promote public access to publications from over 25 states, including thousands of educational materials, data and case reports, studies, investigations, articles, and more.
You'll find publications on traumatic injury, musculoskeletal disorders, toxic exposures, health disparities, and other cross-cutting health and safety issues.
Source from CDPH - Occupational Health Branch
Toxic Paint Removers: Safer Alternatives through Green Chemistry
Worried about Flint? California workers still exposed to lead at harmful levels
- More than 6,000 workers were identified with an elevated blood lead level.
- The majority were male, aged 20–59, and had a Hispanic surname.
- 60% of workers with BLLs ≥10 µg/dL worked in the manufacturing sector, followed by 14% in construction.
Long-term lead exposure at levels above 5–10 µg/dL increases the risk for health effects such as hypertension, kidney disease, cognitive dysfunction, and adverse reproductive outcomes.
Even higher blood lead levels continue to be a problem among California workers. Blood lead levels of 40 µg/dL and above were reported among workers in industries that handle lead-containing bullets and firearms, and metal-related and construction industries.
For more information, see the full report: Blood Lead Levels in California Workers, 2012–2014.
Feb 2, 2017
Evaluating Risk of Existing Chemicals under TSCA
Abstract: Under TSCA EPA is now required to evaluate existing chemicals to determine whether they "present an unreasonable risk of injury to health or the environment." Under the conditions of use for each chemical, EPA will assess the hazard(s), exposure(s), and the potentially exposed or susceptible subpopulations(s) the Agency plans to consider. This information will be used to make a final determination as to whether the chemical presents an unreasonable risk.
This page links to the risk evaluation process and docket numbers for each chemical currently under evaluation.
Source:
U.S. EPA
First study to look at occupational exposure to bisphenol A (BPA) among manufacturing workers in the United States.
By Robin Mackar - NIH: A new study, supported by the National Toxicology Program (NTP), is the first to look at occupational exposure to bisphenol A (BPA) among manufacturing workers in the United States.
Researchers at the National Institute for Occupational Safety and Health (NIOSH) led the study, which appeared Jan. 1 in the journal Annals of Work Exposures and Health. NIOSH is one of the member agencies of NTP, and the study was conducted as part of an ongoing collaboration between the two agencies.
Manufacturing workers face higher BPA exposure
The researchers found that manufacturing workers exposed to BPA had levels of the chemical in their urine that were on average about 70 times higher than most adults in the U.S. population. Certain job categories were associated with average levels more than 300 times that of the general population.
The study did not evaluate the health of the workers involved. "Researchers studying health outcomes need exposure data, and published data on occupational exposures in the U.S. was very limited," said the paper's lead author Cynthia Hines, a senior research industrial hygienist with NIOSH. "Manufacturing workers may face the highest exposure levels of any worker group, so we concentrated on them, as an important first step."
Widespread exposure in general population
Researchers at the Centers for Disease Control and Prevention (CDC) have found BPA in the urine of nearly all people tested, indicating widespread exposure in the U.S. population. "Diet is thought to be the main nonoccupational source of BPA exposure," the authors wrote. However, according to CDC, finding a measurable amount of BPA in a person's urine does not necessarily mean it will result in a health effect.
Workers who participated in the new study handled raw BPA, often in large quantities. Unlike the general population, workers in the NIOSH study were exposed to BPA mainly by inhalation and absorption through the skin.
Learning more about occupational exposure
BPA is used to make polycarbonate plastics and some epoxy resins that are used to protectively line some food cans. In the past, BPA was used as a developer on thermal paper. BPA may also be added to certain specialty waxes that are used to make wax patterns for casting metal parts in manufacturing plants.
"We wanted to work with NIOSH to design a study that would allow a comparison with a similar study done in China," said John Bucher, Ph.D., NTP associate director. The new study found levels comparable to those reported in Chinese workers. Researchers in China linked exposures to effects on the male reproductive system (see citations below).
Study participants
The NIOSH study included six U.S. companies that made BPA, made resins with BPA, made wax with BPA, or used wax made with BPA. A total of 78 workers participated in the study, mostly white males. Over two days, participants provided seven urine samples. The participants also answered questions about food and beverage products they consumed in the past 24 hours.
NIOSH researchers found increased urinary BPA levels in workers who performed tasks such as handling sacks of BPA and taking process or bulk samples containing BPA for quality control testing. Among the highest exposed workers were those who worked with molten casting wax that contained BPA. The lowest urinary BPA levels were found in workers who handled a resin product with only trace levels of BPA.
Minimizing BPA exposure
Hines noted that although Europe places some limits on BPA levels in air, there are no occupational exposure limits for BPA in the U.S. Until research sheds more light on the potential for health effects among workers, Hines suggested that companies could take steps to minimize exposures. Such steps include trying to contain BPA dust and vapor emissions with local exhaust ventilation; cleaning surfaces in production areas, offices, and lunch rooms to remove BPA residues; and using appropriate personal protective equipment, such as respirators and gloves.
Companies and workers should also take steps to prevent exposures of family members to BPA residues on work apparel or other items workers may bring home. The NIOSH Science Blog provides more information about this study and ways to reduce exposure.
See full By Robin Mackar - NIH
White House Orders “Regulatory Freeze”
(PAINT.ORG) Last week, President Trump, through the White House Chief of Staff, Reince Priebus, issued a memorandum implementing a freeze on federal regulations pending further Administration review. The memorandum directs federal agency/department heads to withhold sending any regulations to the Federal Register for publication until a current administration agency/department head reviews them.
Specifically, regulations sent to the Federal Register but not yet published are to be immediately withdrawn; regulations already published in the Federal Register and which have not taken effect are to be postponed for 60 days (from January 20); and, where the effective date has been delayed to review questions of fact, law, or policy, the agency/department should consider proposing further notice-and-comment rulemaking.
Excluded from the memorandum are regulations subject to statutory or judicial deadline and regulations addressing emergency situations or other urgent circumstances relating to health, safety, financial or national security matters.
The presidential directive indicates that "regulation" means regulatory action and includes any "guidance document" or any other substantive action by an agency including "notices of inquiry, advance notices of proposed rulemaking and notices of proposed rulemaking." In addition, it includes any agency statement that set forth policy on statutory, regulatory, or technical issues or interpretations of statutes or regulations.
As such, the memorandum applies to final and proposed regulations, guidance, or interpretations of statute or regulations issued by federal agencies. Already, several agencies have withdrawn final rules that meet the criteria above or extended the effective date. These include the following:
- U.S. Department of Transportation Pipeline Hazardous Materials Safety Administration Final Rule HM-215N on International Harmonization
- Withdrawn
- U.S. Environmental Protection Agency (EPA) Final Rule Formaldehyde Emission Standards for Composite Wood Products (EPA-HQ-OPPT-2016-0461)
- Effective date extended until March 21, 2017
- U.S. EPA Final Rule for Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act
- Effective Date extended until March 21, 2017
EPA has published a list of 30 regulations that are subject to the "Regulatory Freeze." Notably absent are rulemakings to implement the newly revised Toxic Substances Control Act (TSCA); EPA is moving forward with rule development on these issues.
Please note: this memorandum does not impact or change any obligations to comply with existing regulations nor does it apply to any state regulations.
Coalition Letter Urges Congressional Action on EPA’s Risk Management Program Final Rule
(PAINT.ORG) Last month, ACA signed onto a coalition letter to Congressional leaders expressing major concern over the U.S. Environmental Protection Agency's (EPA) final rule for Risk Management Programs (RMP). ACA and 20 other trade associations maintain 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 actually compromise the security of facilities, emergency responders, and communities. As such, the trade associations urged Congress to disapprove the final RMP rule under the Congressional Review Act.
In the letter, ACA and the other trade associations underscored that the current RMP regulations include requirements that have produced and will continue to drive continuous safety improvements, provide robust protection for our employees and the public, and are not in need of revision.
EPA issued the final RMP rule in mid-January, stating 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.
A memorandum signed by President Trump last week put a "regulatory freeze" on certain regulations, including RMP. As a result, the rule's new effective date is March 21, 2017.
"Unfortunately, EPA's final RMP rule fails to identify any meaningful safety benefit and may actually increase security risks given the rule's expanded public information disclosure requirements. It is not just industry that has this concern. White House Office of Management and Budget records show that during interagency review the Department of Homeland Security officials, and others, repeatedly raised security concerns with the RMP rule. In fact, one official stated that '[h]aving facilities share this information would be precedent setting — currently the [Chemical Facility Anti-Terrorism Standard (CFATS)], [Process Safety Management (PSM)], and [Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)] (licensee/permittee) programs do not share this level of detail with the public due to security concerns'…Federal regulations should not make it easier for sensitive information to wind up in the hands of criminals and terrorists."
In general, EPA's RMP program applies to all stationary sources with processes that contain more than a threshold of a regulated substance. The program's elements are intended to prevent accidental releases and reduce the severity of releases that occur. All sources must prepare and submit an RMP to EPA at least every five years. In addition, RMP Program 3 facilities involve processes subject to the Occupational Safety and Health Administration's (OSHA's) Process Safety Management (PSM) program Standard or are in one of the specified NAICS codes, such as chemical manufacturing. Together, PSM and RMP form the regulatory framework for prevention of catastrophic chemical accidents at fixed facilities.
ACA and its fellow signatories noted that beyond security concerns, it is unclear what, if any, safety benefits the final RMP will provide. "The lack of identifiable and quantifiable benefits stands in stark contrast to the clear costs associated with this rule. Whether it be the requirement of third-party auditor participation that will reduce the pool of qualified auditors, changing well-established audit procedures already designed to maximize safety effectiveness, or imposing ineffective requirements to consider 'inherently safer technology/design,' the final rule includes a litany of costly changes that have not been shown to increase safety."
The associations urged Congressional disapproval in order to protect national security and allow EPA to reconsider what, if any, revisions to the RMP regulations are needed to reduce the risk of an accidental release.
Source: http://www.paint.org/rmp-letter/
Employers are reminded to post injury and illness summaries now through April
OSHA reminds employers of their obligation to post a copy of OSHA's Form 300A, which summarizes job-related injuries and illnesses logged during 2016. The summary must be displayed in a common area where notices to employees are usually posted each year between Feb. 1 and April 30. Businesses with 10 or fewer employees and those in certain low-hazard industries are exempt from OSHA recordkeeping and posting requirements. Visit OSHA's Recordkeeping Rule webpage for more information on recordkeeping requirements
OSHA's free On-site Consultation Program helped more than 27,000 employers create safer workplaces in 2016
Last year, 27,385 small and mid-sized U.S. businesses took advantage of OSHA's free and confidential On-site Consultation Program to remove workplace hazards and better protect their workers. The program primarily benefits small and mid-sized businesses – 57% of those helped last year had fewer than 26 employees. Priority is given to high-hazard industries, with more than half of all visits going to construction or manufacturing sites. In 2016, consultants identified and helped employers eliminate more than 140,000 total hazards, protecting an estimated 3.3 million workers from possible injury, illness or death.
