Volume I, issue II


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• 60 Laws Coming Down on Industry: How do I sort it all out?
   
• Reg-Alert!!!
  Pollution Prevention
   
• Occupational Safety & Health
  Chemical Facility Anti-Terrorism Standards: Interim Final Rule
   
• One Eye on Enforcement
   
• OHMMP Updated

OVER 60 EPA, OSHA, DOT Laws Coming Down on Industry: How do I sort it all out to safeguard my company's assets?

REGULATORY COMPLIANCE: A PROBLEM/SOLUTION PERSPECTIVE

American Business and Industry has been impacted with the critical challenge of satisfying an extensive scope of regulatory compliance requirements.  Over 60 Environmental, Health and Safety (EHS) laws are now imposed upon Industry from the Federal Government (EPA, OSHA and DOT) with regulatory offshoots further mandated by state, county and local laws.  It's no wonder people assigned to their company's regulatory compliance feel trapped in a regulatory maze.  The problem is compounded by these regulations evolving at a rate of 30% per year, either through amendments or newly-enacted laws. 

It is paramount that Industry approaches regulatory compliance with an emphasis on precision due diligence.  Neglect, renders one's company vulnerable to massive enforcement penalties as high as $32,500 per day, per violation.  Without performing proper due diligence, one could not hope to demonstrate compliance during an enforcement inspection.  Defensible documentation reflective of one's due diligence is the one essential for standing the acid test of an inspection.  [Incidentally, enforcement inspections by the U.S. EPA and OSHA are now occurring an average of every two minutes in America, not including DOT, or state, county and local agencies.]

PRECISION DUE DILIGENCE

What benchmark do you use to test the strength of your regulatory compliance for over 60 laws imposed upon your company?  What do you currently use as a basis for comparison?  From a risk management perspective, your company’s future depends on the benchmark you’re using.

It has been Vanguard’s experience that most people in companies aren’t aware of all the laws, nor do they have a system or technology to determine which laws require compliance, as well as those that don’t.  In short, people don’t understand what constitutes being in or out of compliance.  Most often, the due diligence they execute is flawed, maybe even non-existent.  It’s surprising just how many people claim their company is in compliance, but fail to utilize the correct measuring stick for assessing one’s compliance.  Did you know there is a common thread running throughout regulatory compliance laws? 

Virtually all the compliance laws (93% as a matter of fact!) are based on three elements:

• Chemical Hazards;
• Thresholds assigned to those chemical hazards by government agencies; and
• Regulatory Mandates, or Rules that govern how your compliance must be satisfied.

The overwhelming majority of companies (large and small) are simply not equipped with the necessary expertise and/or technology to meet the insurmountable task of screening one's facility against the hundreds of thousands of regulated chemical hazards (among the four threshold categories), all for the purpose of implementing a compliance program to stand the acid test of an enforcement inspection.  Further, it's too cost-prohibitive to assemble a representative staff with the time, versatility, expertise, experience, and technical writing skills to effectively and efficiently manage the daily challenges posed by compliance laws.

Essentially, there are 20 laws and regulations that almost any company in America must satisfy and manage.  These requirements come into play by virtue of maintaining a chemical inventory as reflected in your MSDSs,

Law/Regulation…Regulated Chemical Hazards…Thresholds/Purpose

• SARA, Sec. 302…375 Extremely Hazardous Substances…1 lb. – 500 lbs.
• SARA, Sec. 304 (CERCLA)…775 Chemicals (Spills or Releases)…1 lb. – 5,000 lbs.
• SARA, Sec. 311-312…650,000+ Hazardous Substances…500 – 10,000 lbs.
• Facility Layout…Chemical Locations by Department…Emergency Response
• Environmental Reporting…LEPC, SERC, REG. Of Record, LERT…Max. Inventory
• General Duty…EPA’s Catch-All Due Diligence…Defensible Documentation Essential
• OSHA Hazard Determination…Unlimited Chemical Hazards…Workplace Exposures
• HazCom Workplace Chemical List…Unlimited Chemical Hazards – Site-Specific OSHA
• Physical & Health Hazards…Unlimited Chemical Hazards…Physical States  Employee PPE
• NFPA 704 Placards…Health–Flammability–Reactivity…Special Fire/Emergency Response
• MSDS Documentation…Active – Temporary – Inactive…Dualistic OSHA Law
• Carcinogens, Mutagens, Teratogens…392 Life-Threatening Chemicals…“0” Thresholds
• General Duty…OSHA’s Catch-All Due Diligence…Defensible Documentation Essential
• DOT HazMat Analysis…1100 Hazardous Materials…“0” Thresholds
• DOT Shipping Classes…9 Chemical Hazard Categories…21 Container Label Codes
• Transport Spills/Releases…Performance Mandate…Emergency Response
• DOT/RCRA HazWaste…Transport Disposal (“Cause” to be shipped)…Cradle to Grave
• UN Shipping I.D. #’s…850 UN Shipping Codes…International Shipping Regulations
• HazMat Transport…Performance Mandate…Federal Motor Carrier Safety Reg’s (FMCSR)
• California’s Proposition 65 (Safe Drinking Water Act)…660 Chems Causing Cancer & Reproductive Harm.

* Carcinogens cause cancer; mutagens cause genetic mutations; teratogens cause birth defects.

Beyond the 20 laws and regulations above, Industry is accountable for the determination on which of the following EPA, OSHA, DOT laws may requirement compliance activities in the form of permitting, reporting, documentation, employee training, and so on. 

EPA: ENVIRONMENTAL DUE DILIGENCE

• Toxic Release Inventory - (SARA, Sec. 313 – Emergency Planning & Community Right-To-Know, Form R Reporting)…800+ toxics, Incl Persistent Bio-Accumulative Toxins (PBTs);
• Executive Order #12856 requiring TRI Reporting of all Federal facilities;
• 692 Water Priority Chemicals for Storm Water Runoff Permitting (Multi Sector General);
• Spill Prevention Control & Countermeasure Plan (SPCC) - 1,320+ gallons threshold;
• Process Waste Water Management – 126 priority toxic pollutants;
• Oil Spill Prevention and Response Act (OSPRA);
• Wetlands Conservation Act – Federal Section 404 Permit (Individual & General);
• 542 Chemicals Under California's Proposition 65 (Safe Drinking Water Act);
• Air Permitting – Title V Major Source, FESOP, Minor Source (Title I: VOCs;  Title III: 187 Air Toxics/HAPs; Title IV: Acid Rain Deposition; Title V: Permitting Documents;  Title VI: Ozone Depleting Chemicals: 22 Class I & 34 Class II ODCs)
• Emissions Inventory Reporting – Annual Reporting Required by States;
• Maximum Achievable Control Technology – Title V Major Sources (112g);
• Refrigerant Emissions Tracking Rule – Section 608 of Title VI (ODCs) from CAAA;
• Risk Management Program (RMP 112r) for Prevention of Environmental Disasters;
• RCRA Hazardous Waste Management of Waste Streams Against 750 HazWaste Codes;
• RCRA Hazardous Waste Reporting – Quarterly, Annual & Biennial Waste Reporting;
• RCRA Hazardous Waste Training – 8 Hour Employee Training;
• Source Reduction / Waste Minimization: Required of LQGs in AZ, CA, GA & TX;
• Toxic Substances Control Act (TSCA) – 78,000 Chemicals  for PreManufacture Notification (PMN) and Inventory Update Rule (IUR aka Form “U”) – Every 5 Years;
• Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA)–Pesticide Reporting;
• Endangered Species Act;
• Endocrine Disruptor Screening Program (EDSP) for 87,000 Chemicals – New Legislation!
• Infectious Agents – 634 Agents in 4 Risk Groups: Bacteria, Viruses, Fungi & Parasites;
• Oil Pollution Act of 1990 – 262 Pollutants;
• Chemical Weapons Convention (CWC) – 56 Chemical/Biological Agents – Semi-Annual Reporting (Feb. 28: Previous Year Annual Usage; & Sept. 3: Anticipated Usage in Upcoming Year.  CWC Finalized April 29 of 2006 and Now Requires Compliance;

OSHA: SAFETY AND HEALTH DUE DILIGENCE

• Hazard Communication (HazCom) Training to Ensure All Employee Right-To-Know Training is SITE-SPECIFIC to the hazards within the employer's workplace;

• Lockout / Tagout – Control of Hazardous Energy Through Design & Employee Training;
• Contingency Plan (for LQGs) or Emergency Response Plan (for SQGs);
• HAZWOPER Training: Haz. Waste Operations & Emergency Response (40, 24, 8 hr);
• Indoor Air Quality: 547 Air Contaminants with Permissible Exposure Limits (PELs) Expressed in parts per million (PPM) & parts per billion (PPB);
• Target 26 Chemicals Assigned Their Own OSHA Standards (CR VI Is Most Recent);
• Process Safety Management (130 chemicals) for Prevention of Workplace Disasters;
• Respirator Training for Oxygen-Deficient Workplace Atmospheres;
• Bloodborne Pathogens – Transmittal of Bodily Fluids (HIV and Hepatitis B);
• Forklift Training – Driver Training of Powered Industrial Trucks;
• Confined Space Permit & Rescue Training;
• Hearing Conservation – Required When Workplace Noise Exceeds 85 dB / 8 Hr. TWA;
• Personal Protective Equipment (PPE);
• MSDS Origination by Original Mfr. of Products;
• OSHA 300 Log for Annual Lost Time Reportable/Recordable (Post Feb. 1 – April 30);
• Laser, UV, X-Ray & Radiology, Ergonomics;
• Mining Safety & Health Administration (MSHA) Training;

DOT, RSPA, HOMELAND SECURITY: HAZMAT & TERRORISM DUE DILIGENCE

• HazMat Employee Training – Transportation-Related Employees in Receiving & Shipping;
• RSPA HazMat Security Plan & Training – Homeland Security Mandate (Every 3 Years) for 117 Toxins and Agents Regulated by the Center for Disease Control (CDC);
• HazMat Registration for All Bulk HazMat Shipments (Annual Reporting)
• HazMat Transport Act (HM 181) – Labeling, Packaging, Shipping & Documentation;
• Homeland Security – Anti-Terrorism Standards of 2007 – 344 Chemical Hazards Screened

END-RESULT:  THE EHS MANAGER’S “COMPLIANCE PEACE OF MIND”

The ultimate goal for precision due diligence effort is to illuminate the client’s site-specific Regulatory Compliance Agenda for each and every compliance year, as well as the legislative changes due to amended and newly-enacted laws.  When considering the repercussions of enforcement penalties for not staying current with the evolution of regulatory law, the stakes are too high.  Hence, the EHS Manager's mission must have a two-fold purpose:

            1. To develop a site-specific Regulatory Compliance Agenda for his facility, relative to local, county, state, and Federal regulations;

            2. To systematically satisfy the his facility’s compliance mandates on a Turn-Key basis, continuing to manage applicable regulatory issues over the years.

PRIMARY BENEFITS

With the client's Regulatory Compliance Agenda as the ultimate arrival point, the vehicle for benchmarking compliance mandates far exceeds the traditional methods associated with conducting one compliance project at a time.  Just as a trip to the moon would require a spaceship worthy of space travel, defining a client's site-specific Regulatory Compliance Agenda requires a unique technology with a comprehensive due diligence capability.  When the proper due diligence has been executed and the pertinent compliance requirements satisfied relative to the results of that due diligence, the end-result benefits and outcomes include:

• Risk Management Against Enforcement Penalties (Eliminates "Surprises")
• Legislative Updating on Amended & Newly-Enacted Laws (Regulatory Reviews)
• Defensible Documentation / Representation at Enforcement Audits
• Productivity Enhancement (Staff's Attention Returned To Core Business Priorities)
• Minimizes Compliance Costs / Increases Profitability for all Stakeholders
• Consolidation & Uniformity of Multiple-Facility Compliance Needs throughout U.S.

A Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device.  Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.  The EPA is promoting the safe recycling and disposal of these lamps. 

The agency believes that this waste can be better managed under EPA’s universal waste program.  The universal waste rule is designed to reduce the amount of hazardous waste items in the municipal solid waste stream; encourage the recycling and proper disposal of some common hazardous wastes; and reduce the regulatory burden on businesses that generate these wastes.  Although the handlers of universal wastes must meet less stringent standards for storing, transporting, and collecting wastes, the wastes must comply with full hazardous waste requirements for final recycling, treatment, or disposal.  Many of these lamps are considered hazardous waste because they contain either mercury or lead solder. 

Small Quantity Handlers (<5,000 kilograms of universal waste) and Large Quantity Handlers (>5,000 kilograms of universal waste) of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment by containing any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps and must immediately clean up and place in a container any lamp that is broken.  A small or large quantity handler of universal waste must label or mark the universal waste. 

The amount of mercury in a standard lamp can vary dramatically, from 3 to 46 mg.  Mercury is a neurotoxin that negatively impacts humans and natural ecosystems.  Exposure can result in damage to the central nervous system, kidneys, and liver.  Mercury devices such as florescent lights actually reduce the amount of mercury in the environment.  This because the energy they save allows a reduction in the burning of mercury emitting fuels by power plants.  If the bulbs are disposed of properly, fluorescent lights are actually good for the environment. 

If businesses take care to separate mercury from the waste stream the amount of mercury discharged into the environment could be reduced.  Conditionally Exempt Small Quantity Generators of universal waste should take advantage of available local recycling options for compact fluorescent light bulbs.  Facilities should contact local municipal solid waste agencies or go to www.epa.gov/bulbrecycling or earth911.org to identify local recycling options.

In addition, Waste Management has recently acquired Lamp Tracker as a means of assisting facilities dispose of lamps properly.  Facilities may purchase boxes from Waste Management which will be shipped directly to the facility, where they can store spent lamps and ship them back for proper disposal.  Please visit www.wmlamptracker.com for more information.  If facilities need assistance in locating a recycler they should contact Vanguard Environmental, Inc. for a recycler nearest to them.

On April 9, 2007, the U.S. Department of Homeland Security (DHS) issued the Chemical Facility Anti-Terrorism Standards.  Congress authorized the interim final rule under Section 550 of the DHS Appropriations Act of 2007.  This directs DHS to identify, assess, and ensure effective security at high risk chemical facilities.  A Chemical Facility is defined as “any establishment that possesses or plans to possess, at any relevant point in time, a quantity of a chemical substance determined by the Secretary (DHS) to be potentially dangerous or that meets other risk-related criteria identified by the Department (DHS)”.  The proposed list of chemicals and their Screening Threshold Quantities (STQ) can be found in the standard’s Appendix A (6 CFR Part 27).  The STQ is defined as “the quantity of a chemical of interest, upon which the facility’s obligation to complete and submit the CSAT Top-Screen is based”.

DHS has developed the Chemical Security Assessment Tool (CSAT) to assist in identifying facilities that meet DHS’s criteria for high-risk chemical facilities.  It also provides the methodologies these facilities need to conduct Site Vulnerability Assessments (SVA) and to create Site Security Plans (SSP). CSAT is a secure web-based system that provides the following tools:

·        Facility Registration

·        Top-Screen questionnaire

·        Site Vulnerability Assessment tool

·        Site Security Plan template

Facilities can register with CSAT at www.dhs.gov/chemicalsecurity and can find other useful information there as well.  As of August 10, 2007 the list of chemicals and their Screening Threshold Quantities (Appendix A) had not been finalized or released.

OHMMP UPDATED!!!! CHECK OUT THE LINK BELOW!!!!

Click on the link below and enter user username and password provided to you! 

CONTACT US
Email: vitalsigns@vanguardenvl.com
(918) 641-5588 (Worldwide)
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