Update Index

  
   

National Primary Drinking Water Regulations:
Public Notification Rule; Final Rule

EPA is revising the general public notification regulations for public water systems. The regulations set the requirements that public water systems must follow regarding the form, manner, frequency and content of a public notice. Public notification of violations is an integral part of the public health protection and consumer right-to-know provisions of the 1996 SDWA amendments. Owners and operators of public water systems are required to notify persons served when they fail to comply with the requirements of the National Primary Drinking Water Regulations; have a variance or exemption from the drinking water regulations; or are facing other situations posing a risk to public health.

  
   

Accidental Release Prevention Requirements; Risk Management Programs Under the Clean Air Section 112(r)(7); Distribution of Off-site Consequence Analysis Information; Proposed Rule

The EPA and the DOJ are proposing a rule to provide for access to information concerning the potential for off-site consequences of hypothetical accidental chemical releases from industrial facilities. As required, the proposed rule would provide for access by members of the public and government officials in ways designed to minimize the likelihood of accidental releases, the risk of national security associated with posting information on the Internet, and the likelihood of harm to public health and welfare.

 

   

Aluminum Emission Standards

EPA in 40 CFR Part 63 issued a final rule promulgating national emission standards for hazardous air pollutants for new and existing sources at secondary aluminum production facilities. Hazardous air pollutants (HAPs) emitted by the facilities that would be regulated by this final rule include organic HAPs, inorganic gaseous HAPs (hydrogen chloride, hydrogen fluoride, and chlorine), and particulate HAP metals. Some of these pollutants, including 2,3,7,8-tetrachlorodibenzo-p-dioxin, are known or suspected carcinogens and all can cause toxic effects in humans following sufficient exposure. Emissions of other pollutants include particulate matter and volatile organic compounds.The final rule will provide protection to the public health by requiring secondary aluminum production facilities to meet emission standards reflecting application of the maximum achievable control technology (MACT). FR-March 2000

  

   

Stormwater Reissuance

EPA is proposing the Reissuance of National Pollutant Discharge Elimination System (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities. EPA Regions 1, 2, 3, 4, 6, 8, 9, and 10 are proposing to reissue EPA's NPDES Storm Water Multi-Sector General Permit (MSGP). The proposed MSGP is similar to the 1995 permit, as amended, and will authorize the discharge of storm water from industrial facilities consistent with the terms of the permit. FR-March 2000

  

   

MTBE

The EPA has issued an ANPR under TSCA to eliminate or limit the use of MTBE as a fuel additive in gasoline in 40 CFR Part 755.

Methyl Tertiary Butyl Ether (MTBE) is used as a fuel additive in gasoline. Refiners have primarily added MTBE to gasoline to meet the Clean Air Act (CAA) requirements. While the use of MTBE as a fuel additive in gasoline has helped to reduce harmful air emissions, it has also caused widespread and serious contamination of the nation's drinking water supplies. Unlike other components of gasoline, MTBE dissolves and spreads readily in the groundwater underlying a spill site, resists biodegradation, and is difficult and costly to remove from groundwater. Low levels of MTBE can render drinking water supplies unpotable due to its offensive taste and odor. At higher levels, it may also pose a risk to human health. EPA seeks public comment. FR- March 2000.

  
     

PRIMARY DRINKING WATER REGULATIONS; RADON-222

On November 2, 1999 EPA advanced a notice of proposed rulemaking in attempt to reduce the exposure to radon. Radon, a human carcinogen, enters indoor air from under buildings and homes. Only 1% to 2% originates from drinking water as reported by the EPA. The EPA is proposing a Maximum Contaminant Level Goal (MCLG) and National Primary Drinking Water Regulations(NPDWR) for radon-222 in public water supplies. EPA is also proposing an alternative maximum contaminant level (AMCL) and requirements for multimedia mitigation (MMM) programs to address radon in indoor air.

The proposed rule applies to Community Water Systems (CWS), a subset of Public Water Systems. Under the proposed rule, CWSs may comply with the AMCL if they are in States that develop an EPA-State approved MMM program or in the absence of a State program, develop a State-approved CWS MMM program. The EPA is proposing a maximum contaminant level (MCL) for radon-222 to apply to CWSs in non-MMM States that choose not to implement a CWS MMM program.

The proposed regulation provides that States may adopt State-wide MMM programs and the alternative maximum contaminant level (AMCL) of 4000 pCi/L. If a State has an EPA approved MMM program plan, CWSs in that State may comply with the AMCL of 4000 pCi/L. In the absence of an approved State MMM program plan the regulatory expectation for small CWSs(those serving 10,000 or fewer) is that they comply with a level of 4000 pCi/L in drinking water and develop and implement a State-approved local MMM program plan to reduce indoor radon risks arising from soil and rock under homes and buildings. Small CWSs may also choose to comply with the MCL of 300 pCi/L (and not develop a local MMM program). FR-Nov '99

  

   

PHASE II- NPDES STORM WATER PROGRAM FINALIZED

Effective February 7, 2000 the new rule is announced to protect America's drinking water and waterways by curbing storm water runoff. EPA plans to reduce stormwater runoff from construction sites between one and five acres and municipal storm sewer systems in urbanized areas serving populations of less than 100,000. The new stormwater regulations will control the impacts of stormwater runoff through the issuance of discharge permits under the Clean Water Act. Permits are expected to be issued for at least 110,000 additional construction sites and over 5,000 municipalities across the country. Facilities and sites will have three years and 90 days to obtain these storm water permits.

The Phase II permitting will focus on "best management practices". Each permittee will be able to select those options resulting in the most common sense, cost-effective plan for reducing storm water runoff on a case-by-case basis. Examples would include filter fences, storm drain inlet protection, and temporary mulching and seeding for construction sites, as well as public education programs, storm sewer programs, storm sewer inspections and local storm water ordinances for municipal programs. For further information contact EMC at 203-924-9544.

  
     

OSHA ISSUES PROPOSED ERGONOMICS STANDARD

OSHA has issued this proposal in an effort to reduce or prevent work-related musculoskeletal disorders(MSDs) that occur when there is a mismatch between the worker and the task. Ergonomics is the science of fitting the job to the worker. It is believed that each year 1.8 million workers experience injuries related to the overexertion or repetitive motion and 600,000 are injured severely enough to require time off work. OSHA's proposed standard is intended to help prevent these injuries. Formal hearings are scheduled to begin on February 1, 2000 in Washington.

  

The proposal intends to cover: general industry employers with workers involved in manual handling or manufacturing production jobs(about 1.6 million worksites); other general industry employers with one or more workers who experience work-related MSD's after the final standard takes effect(about 300,000 employers each year); and it is anticipated by OSHA that 75% of general industry will not need to take any action.

Generally, a musculoskeletal disorder(MSD) is an injury or disorder of the muscles, tendons, ligaments,joints, cartilage and spinal discs. In general, to be considered covered, an MSD injury must be:

  • Diagnosed by a health care professional, result in a positive physical finding or serious enough to require medical treatment, days away from work or assignment to light duty work-ie., an "OSHA-recordable" injury.
  • Directly related to the employee's job.
  • Specifically connected to activities that form the core or a significant part of the worker's job.

The proposal envisions the following program elements:

  • Management leadership and employee participation
  • Hazard information and employee participation
  • Job hazard analysis
  • Training
  • MSD management
  • Program evaluation
  • Recordkeeping

For more information contact EMC at 203-924-9544.

  
 
 

HOME WORK SAFETY RULES WITHDRAWN BY OSHA

Responding to a flood of criticism, OSHA has withdrawn a letter posted on the Agencies' Labor Deparment's internet site advising that companies have the same responsibilities for safety for employees working at home as in the office.		  


 

Land Disposal Restrictions; ANPR;
40 CFR 268; June 19, 2000

The ANPR presents several issues, options and directions that could potentially lead to changes in the LDR regulations. These issues will potentially affect all who are subject to the LDR. A list of issues considered includes:

* Ways for the LDR program to encourage the use of source reduction and recycling
* Ways for the LDR program to encourage innovative treatment technologies and to incorporate these technologies into the LDR program.
* Long-term effectiveness of stabilization treatment for hazardous metal wastes. In particular, do metal constituents leach out of stablized wastes over time and whether alternative approaches to evaluating the effectiveness of treatment by immobilization technologies exist.
* Whether to develop treatment standards for additional constituents of concern (e.g. metals) in listed solvent wastes.
* Whether better ways exist to ensure the treatment standards for reactive wastes are adequately protective.
* Ways to allow public input into EPA's decision on requests for Determinations of Equivalent Treatment.
* Appropriate regulatory response regarding the treatment standards for hazardous debris and to look at whether macroencapsulation is the most appropriate treatment for debris comtaminated primarily with organic compounds.
* Whether to establish treatment standards for incineration ash to reduce paperwork burden....
* Whether to establish targeted treatment standards for radioactive mixed waste.....

  



 

Protection of Stratospheric Ozone; Notice of Acceptability;
40 CFR Part 82; FR June 19, 2000

This document expands the list of acceptable substitutes for ozone-depleting substances (ODS) under EPA's Significant New Alternatives Policy (SNAP) program.

 



 

The Control of Hazardous Energy (Lockout/Tagout);
Notice of "Lookback" Review; June 20, 2000

OSHA has looked back and reviewed the Lockout/Tagout Standard and indicates that the standard protects 3.3 million workers at 1 million facilities; that it has reduced fatalities from unexpected activation of machinery at facilities in the automobile and steel making industries by 20% to 55% in the years since promulgation;etc. and that the LO/TO Standard should be continued without change.

  



 

EPA; National Advisory Committee for Acute Exposure Guideline Levels(AEGLs) for Hazardous Substances; Proposed AEGL Values; Notice; June 23, 2000

The NAC/AEGL committee is developing AEGLs on an ongoing basis to provide government agencies with information on short-term exposures to hazardous chemicals. This notice provides AEGL values for 14 chemicals for public review and comment.

  



 

EPA; NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Boilers and Industrial Furnaces; Notice of Data Availability; 40 CFR Parts 63 and 266; June 27, 2000

This notice identifies the database the EPA plans to use to propose NESHAPS for hazardous waste burning boilers, halogen acid furnaces and sulfuric acid recovery furnaces.		  



 

EPA;National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring;NPR; 40 CFR 141 and 142;June 22, 2000

  
EPA is proposing a drinking water standard for arsenic, listing technologies which will meet the MCL;monitoring, reporting, public notification and other reports;clarifying compliance for State-determined monitoring after exceedances for inorganic, volatile organic and synthetic organic contaminants;requirements for new systems and new source monitoring etc.


 

EPA;National Primary Drinking Water Regulations;
Ground Water Rule; Proposed Rules; May 10, 2000.

EPA proposes to require targeted risk-based regulatory strategy for all ground water systems. The proposed strategy addresses risks through a multiple-barrier approach that relies on five major components:periodic sanitary surveys of ground water systems requiring evaluation of eight elements and the identification of significant deficiencies;hydrogeologic assessments to identify wells sensitive to fecal contamination; source water monitoring for systems drawing from sensitive wells without treatment or with other indications of risk; a requirement for correction of significant deficiencies and fecal contamination and compliance monitoring to insure disinfection treatment is reliably operated where it is used.

  
   

CAA Proposal for Certain Aluminum Plants

The Clean Air Act (CAA) requires EPA to list all categories of major sources of hazardous air pollutants (HAP) and categories of area sources if they present a threat of adverse effects to human health or the environment. This advanced notice of proposed rule announces the EPAs intention to remove aluminum foundries and aluminum die casting facilities from the Secondary Aluminum Production source category. As part of the same rulemaking, the EPA intends to make a new determination concerning maximum achievable control technology (MACT) requirements for both major sources and area sources in these industries. EPA previously listed aluminum foundries and aluminum die casting facilities as part of the Secondary Aluminum source category and also listed area sources in these industries for regulation pursuant to CAA section 112(c)(6). The EPA intends to make a new determination concerning MACT requirements "deemed necessary and appropriate" for all these sources in the context of a new source category.

 
   

PCB Waste Transfer from Territories

The EPA is proposing to clarify that PCB waste in United States territories and possessions outside the customs territory of the United States may be returned to the U.S. Customs Territory for proper disposal. This proposed rule interprets the prohibition on the manufacture of PCBs at Section 6(e) of the Toxic Substances Control Act (TSCA) to allow the movement of PCB waste among any States of the Territories for the purpose of disposal, and that movement is not considered "import". This interpretation will allow U.S. territories and possessions which fall outside of the definition of "customs territory of the United States" to dispose of their PCB waste in the mainland of the U.S. where facilities are available that can properly dispose of PCB waste.

  
   

PA Lists New Hazardous Wastes

The EPA is listing as hazardous two wastes generated by the chlorinated aliphatics industry, ethylene dichloride (EDC) and vinyl chloride monomer (VCM) . EPA is finalizing these regulations under the Resource Conservation and Recovery Act (RCRA), which directs EPA to determine whether certain wastes from the chlorinated aliphatics industry may present a substantial hazard to human health and environment. The effect of listing these two wastes is to subject them to stringent management and treatment standards under RCRA and to subject them to emergency notification requirements for releases of hazardous substances to the environment.

 
   

Recycling of Hazardous Wastes for Zinc Fertilizers Products

The EPA is proposing to revise the existing regulations that apply to recycling of hazardous wastes to make zinc fertilizer products, specifically, zinc micronutrient fertilizer. This proposed rule would establish a more consistent regulatory framework for this practice, and establish conditions for excluding hazardous secondary materials that are used to make zinc fertilizers from the definition of solid waste under RCRA.

  
   

Expansion of List for ODS

The EPA is expanding the list of acceptable substitutes for ozone-depleting substances (ODS) under the Significant New Alternatives Policy (SNAP) program. Substitutes are for the refrigeration and air conditioning, foams, non-aerosol solvent cleaning, and aerosol solvents and propellants sectors.

 
   

PCB's, LDRs and Constitutents Subject to Treatment

The EPA is temporarily deferring a portion of the rule applying Land Disposal Restrictions(LDR) under RCRA constituents subject to treatment (CST) in soils contaminated with certain characteristic hazardous wastes. Specifically, EPA is temporarily deferring the requirements that PCBs be considered a CST when they are present in soils that exhibit the Toxicity Characteristic (TC) for metals. EPA is taking this action because the regulations appear to be discouraging generators from cleaning up contamimated soils. Additionally, EPA is requesting more time to restudy the issue of appropriate treatment standards for metal-contaminated soils which also contain PCBs as CST. The Agency still requires generators to treat these soils to meet LDR standards for all hazardous constituents except PCBs. Generators also are required to treat PCBs if the total concentration halogenated organic compounds in soil equals or exceeds 1000 ppm.

  
   
   

This publication is designed to provide general information in regard to the subject matter covered and is not intended to serve as a substitute for or render any specific legal, engineering or other professional services to any given environmental situation. Environmental conditions vary with each specific situation, and legal or other qualified counsel should be utilized in review of consultation with respect to the same.