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DISCLAIMER: Any of the information herein is
meant to inform and educate on a cursory basis and, therefore, should not
be taken as a literal representation of any compliance law or
interpretation of how such laws would affect a facility's compliance. All
parties should refer to the U.S. Code of Federal Regulations or official
regulations of the pertinent state of record for official guidance on
their compliance issues.
Environmental Compliance Reporting to Local, County, State, & Federal Agencies relative to the client's chemical inventory on hand. Emergency Planning under Sec. 301-312 under SARA Title III in which the thresholds for some 375 Extremely Hazardous Substances (EHSs) vary among Threshold Planning Quantities (TPQs) of 1-500 lbs. The "aggregate total" ruling applies in that you must account for the same chemical, even though it might pervade several products throughout the plant. With TPQs that can go as low as 1 lb., it is conceivable that the client could exceed several thresholds under Sec. 302 without being aware of it, all due to the application of the aggregate total ruling. Emergency Release Notification under Section 304 under SARA Title III in which the thresholds for some 775 CERCLA Chemicals for accidental releases and spills vary among the Reportable Quantities (RQs) of 1 lb to 15,000 lbs. Community Right-To-Know, SARA Section 311-312 - Literally thousands of chemicals that, as long as they do not fall under another specific hazard list, qualify here as the "community's right to know" those chemical hazards in a plant to which they may be exposed. While Federal thresholds are set in this section for those chemicals in excess of 10,000 lbs., state, county, and municipal jurisdictions have the authority to lower this threshold. Many counties and cities lower this threshold to 500 lbs, 55 gal, & 200 cu. ft., while even some lower it to 1 lb & 1 gal. to what many agencies refer to as the "0 threshold" amount. Toxic Release Inventory, SARA Section 313 - also called Form R Reporting. This includes those 600+ toxic chemicals manufactured, processed, or otherwise used in excess of an annual threshold of either 10,000 lbs. or 25, 000 lbs. depending upon its use. The aggregate total ruling also applies in this case. It is proposed that the perspective of thresholds will change for the reporting year 2000. Rather than thresholds being determined relative to annual usage of chemicals, thresholds will be determined by the actual amount of chemical emitted or release to the environment over the period of an entire year. This will impose a greater engineering burden on industry by imposing a requirement to perform calculations on virtually all 313 toxic chemicals. Storm Water Runoff Permitting must be done for those companies in selected SIC Codes and/or that have materials stored outside. Additionally, there are 273 Water Priority Chemicals (toxics as cross-referenced from SARA, Section 313) to be screened. The Pollution Prevention Plan must be updated on an annual basis. Spill Prevention Control & Countermeasure Plan (SPCC). The SPCC Plan is triggered when a liquid product is: stored = to or > 660 gals. in one Above- ground Storage Tank (AST); Two or more products = to or > 1,320 gals in 2 or more AST's; and a product = to or > 42,000 gals in an Underground Storage Tank (UST). Process/Waste Water Discharge in which 63 pollutants are regulated under the Federal Water Pollution Control Act. Toxic Substances Control Act in which a variety of issues may be applicable; Pre- Manufacture Notification (PMN), Export Notification, and Form U Reporting under the Inventory Update Rule (IUR) in which toxic chemicals are regulated for reporting when annual thresholds of 10,000 lbs are exceeded. The facility must be doing at least $4M in gross sales in the preceding complete fiscal year to the reporting year, which has occurred since 1986, then 1990, 1994, and most recently, 1998. The next IUR Reporting cycle will be the 2002 compliance year. RCRA HazWaste Management & Permitting. Practically all hazwaste generators are required to acquire a permit under RCRA. With 640 hazardous waste codes, the generator is usually classified as LQG, SQG, CESQG, or other language depending on the state of record (i.e. Kansas). RCRA HazWaste Reporting. For generators of hazardous waste, this activity is regulated at regular intervals for quarterly, annual, and biennial reporting, depending on the state of record and its regulations relative to EPA oversight. RCRA HazWaste Training. When a facility generates hazardous waste, it is required to formalize training in 8 hour components for those employees involved in the generation, accumulation, storage, disposal, manifesting, and potential spills/cleanup of those wastes. Air Permitting under the Clean Air Act Amendments of 1990. Myths are rampant among industry representatives due to the broad nature of the new air permitting laws. The regulations vary widely from state to state, with four title programs coming from the Federal level - Title I (VOCs), Title III (187 air toxics, also called HAPs), Title IV (Acid Rain Deposition), and Title VI (Class I & II Ozone Depleting Chemicals). State Implementation Program (SIP) create issues where it's unwise to rely on colleagues outside his own state as to the array of changes and rules affecting air permitting. This is certainly an area for experts. Title V is the most common name for air permitting as this represents the document application; however, Synthetic Minors, Minor Sources, Emissions Inventory Questionnaires are just a few more areas of distinction when dealing with air permits. EPA's new Risk Management Program (112r) is an offshoot of the Clean Air Act Amendments in which 140 toxic or flammable chemicals must be screened for applicability. The first deadline is June 21,1999. RMP is usually found in combination with similar regulations for OSHA's Process Safety Management (PSM). In California., 112r is called CalARP, or California Accidental Release Program. Maximum Achievable Control Technology (MACT). This regulation is also an offshoot of the Clean Air Act Amendments, dealing with those HAPs that triggered Title V, Major Source Air Permitting. MACT is also called 112g. Oil Pollution Act of 1990. There are 262 chemicals regulated under this act. They are primarily focused on pollution prevention, spills, cleanup, and assigning responsibility through litigation executed upon Potentially Responsible Parties (PRPs). Persistent Bio-Accumulative Toxins Review (PBAT) is a developmental law, having been piloted in the State of Georgia in 1998, which will require a revolutionary change in applicability determination and Form R Reporting under SARA, Section 313 - Toxic Release Inventory (TRI) for the Compliance Year 2000.
Download the NEW OSHA Workplace
Poster for your facility now! All covered employers are
required to display and keep displayed, a poster prepared by the
Department of Labor* informing employees of the protections of the Occupational
Safety and Health Act P.L. 91-596, December 29, 1970 and its
amendments.
NOTE: Title 29 Code of Federal Regulations, 1903.2(a)(3) states that reproductions or facsimiles of the poster shall be at least 8 1/2 by 14 inches with 10 point type. Hazard Determination Mandate. In order that all employee training under OSHA be site-specific, it is the legally-mandated responsibility of the employer to determine all chemical hazards to which employees are exposed in the workplace. HazCom Workplace Chemical List. The employer is required to establish an accurate workplace chemical list communicating the hazards with regard to quantity, container type, and location within the facility. Carcinogens, Mutagens, Teratogens (CMTs). These are three categories of chemicals more adverse to human health than, perhaps, any others due to the far-reaching, disease-causing illnesses associated with them. It is important to gain an awareness of these chemicals in the workplace: quantities, physical states, container-types, and locations within the facility. Of course, carcinogens cause cancer, mutagens do genetic and cell damage, and finally, teratogens do damage to the fetus of an unborn child causing birth defects. Once these chemicals have been identified, located, and assessed as to the potential for exposure, a preventive program must be effected thru employee awareness, training, proper use of CMT-oriented products, and of course, the proper use of personal protective equipment. There are currently 392 carcinogens regulated and tracked by OSHA. Physical & Health Hazards. Assigning the hazards associated with chemicals in the workplace is the first step to environmental protection and industrial hygiene. The 704 placarding ratings issued by the Nat'l Fire Protection Association (NFPA) are essential to operating a company in which chemicals are present. To understand the implications of chemicals relative to Health, Flammability, Reactivity, and Special Considerations is basic to fire prevention. Likewise, the two nonsense words, FPRACH & GLOES establish a foundation for knowing the hazards associated with any chemical. These words stand for: Fire, Pressure, Reactive, chemical hazards, Acute, & Chronic health problems - that if a chemical attacks the human body, it will generally attack Genes, Lungs, Organs, Eyes, Skin. HazCom Training (Employee Right-To-Know Training). OSHA requires that it is the employer's responsibility to train ALL employees site-specifically to those chemical hazards present in the workplace. This training is a direct outgrowth to the Hazard Determination Mandate mentioned above. There are many components to this training, not the least of which are the site-specific written plan, MSDS management, hazard label management, new-hire orientation, record keeping, and the dissemination of information on new chemicals being introduced to the workplace. This training is required on an annual basis. Lockout / Tagout. This standard prevents injuries and accidental death in the workplace thru the control of hazardous energy specific to machinery and equipment. Periodic review is required which is best done annually due to turnover associated with employees in the workplace. Hazwoper Training. Hazardous Waste Operations & Emergency Response is intensive training specific for an internal emergency response team relative to duties and situational emergencies associated with hazardous waste, spills, cleanup, decontamination, and disasters of all kinds. An 8 hour refresher is required annually once the either 24 or 40 hour program has been fulfilled. Contingency Plan. This is an important emergency document. It must be kept current at all times. It is a staple, supportive document to HazCom Training, Hazwoper Training, emergency evacuation, and spill cleanup. Annual review is critical. Process Safety Management (PSM) is a 5 year
master program to compliance regarding any of the 130 highly hazardous
chemicals in excess of a specific threshold as assigned when it is
connected to a process at any point in time. Additionally, any flammable chemical
(except in retail facilities) connected to a process at any point in time in excess of 10,000 lbs is
also covered under this regulation. While the ultimate deadline was Forklift Training. Proper training and licensing of drivers on powered industrial trucks is required annually to avoid injuries and accidental death to workers. Due to its portability and potential for lifting heavy loads, many refer to forklifts as the single most dangerous piece of equipment in a workforce. MSDS Management. MSDSs are required for all chemically-oriented products, liquids, solids, and gases. They must be reflective of those products used, stored, manufactured, processed, produced, distributed, or imported in the workplace. Inactive MSDSs must be maintained for 30 years. Employers are required to make them accessible at all times to employees, and suppliers are required to make them available to end users upon the very first delivery of each product. MSDS Origination. Those originators, inventors, or creators of chemically-oriented products must develop an MSDS for each product they provide for commerce. They must also accompany an MSDS reflective of the product upon the very first shipment to any end-user. OSHA 300 Log. This is an accident log requiring the employer to maintain as it regards recordable injuries and illnesses and lost-time accidents. It must be posted annually every February 1 through April 30, accessible and visible to all employees. There are three parts to the new recordkeeping forms which used to be referred to as the OSHA 200 Log. They are as follows: 300 Log - All accident information is entered Industrial Hygiene is a categorical grouping of
several specific issues related employee health and safety. It consists of
Indoor Air Quality (540 air contaminants), Respirator Training (for paint
lines, confined spaces, Hazwoper Training & other disastrous
situations), Confined Space Permit & Rescue (for oxygen-deficient
atmospheres), Hearing Conservation (for workplaces experiencing noise
levels in excess of 85 db over an 8 hour Time Weighted Average),
Ergonomics (soon to be enacted by OSHA as a standard in the workplace),
and 22 different, but specific hazardous chemicals that are dangerous
enough to warrant being assigned their own OSHA Standard).
Hazardous Materials Analysis. It is essential that all hazardous materials associated with shipping and receiving departments within the workplace be identified relative to thresholds, labeling, and placarding from the 9 U.S. Coast Guard Classifications as specified by the DOT. HazMat Transportation Act (HMTA - 181). DOT has strict guidelines in requiring that all chemically oriented products be properly labeled and placarded prior to and during shipment. HazMat Employee Training (HM - 126f). All employees associated with shipping, receiving, packaging, loading/unloading, and driving are to be trained on the site-specific hazardous materials to which they are exposed in the workplace, specifically transportation depts. HazMat Registration. All shippers of chemically
oriented products, including those companies causing such products to be
shipped are required to register these products on an annual basis. STATE-SPECIFIC & INTERNATIONAL LAWS Texas requires that all Form R Reporters and/or Hazardous Waste Generators participate in its Source Reduction & Waste Minimization Program. Submittals are required annually to correspond with the July 1 Form R Reporting Deadline. Texas requires that each hazardous waste generator engage in Waste Stream Notification of registering each waste stream on a Notice of Registration (NOR). California regulates its renowned Proposition 65 under the Safe Drinking Water Act. Any shippers of the 542 Proposition 65 chemicals throughout the U.S. are regulated under this law if they are doing business in and out of California. California's Hazardous Materials Business Plan is a conglomerate of activities, reports, and regulated documentation to be submitted to the Certified Unified Program Agency (CUPA) having jurisdiction over the facility. The Plan includes SARA Reporting, Contingency Plans, Hazardous Material information and other regulatory compliance information. There are 343 regulated substances under this particular regulation.
Air Quality Management Districts (AQMD's) are set up in the State of California to study, track, report, permit, and reduce air emissions specific to each industry in the State. California Assembly Bill (AB 2588) requires notification and related information to the release and storage of toxic chemicals in California. Illinois and Selected States regulate a program called the Emissions Reduction Marketing System (ERMS), reportable each year by March 1. Coastal States are required by the Federal Government under the Clean Water Act the Land Bureau from the State of Record to prepare and submit a Spill Prevention and Response Document. This is called the Oil Spill Prevention and Response Act. Canada has a law for industry very similar to that of America's Form R, TRI. It is the National Pollutant Release Inventory (NPRI) in which 176 toxics are regulated. There are no SIC or employee limitations and the threshold is 20,000 lbs in annual usage of the chemical used, stored, processed, or otherwise used. Canada's WHMIS is that country's answer to OSHA in the U.S. This entails Workplace Hazardous Materials Information System. International. The very new Chemical Weapons Convention regulates 54 chemicals and their precursors under threshold reporting guidelines relative to Chemical Weapons. CONTACT US
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