August 2, 2021 Who’s getting nailed for

WHAT’S INSIDE ‘greenwashing’ the public? n False claims lead to egg on face for companies 2 Sharpen Your Judgment Is firm’s water permit at risk ike any environmental pro, (Poland Spring and Deer Park) and if citizens’ group sues? Lyou want to tout your facility’s Niagara Bottling. bona fides. At least 28% of their bottle content 3 Who Got Fined & Why Whether it’s an electric vehicle (made with PET or No. 1 plastic) is Pesticide scam artist escapes program ... or a switch from a toxic “unrecyclable due to contamination prison but not big fines chemical ... or finding new ways to and processing loss,” while the labels re-use waste ... these are the kinds are made from biaxially-oriented of initiatives your customers and the polypropylene (No. 5 plastic), which 4 Air Quality general public want to hear about. isn’t recyclable. Early look at Risk Management Just be careful how your sales Plan changes to come and marketing pros toot their horns! Federal ‘Green Guides’ a must-read Claims of being “green” or “100% The Sierra Club’s suing the firms 5 Water & Waste News recyclable” can backfire – badly. for misleading consumers under Groundwater lawsuits are California’s Environmental Marketing facing the Maui test ‘65% or thereabouts’ recyclable? Claims Act. Case in point: The Sierra Club is Companies that manufacture 6 Enviro Regs Update suing three beverage manufacturers and sell in any state can be that label their plastic bottles as 100% fined – and suffer bad publicity Paper hazardous waste recyclable – Coca-Cola (bottler of manifests being phased out Dasani water), BlueTriton Brands (Please see Who’s … on Page 2)

FRACKING 8 Update on Federal Rules PFAS chemicals reportable to Fed freeze on oil & gas drilling takes hit in court Chemical Data Exchange n OIL STATES PUSHING HARD TO Texas, Utah and West Virginia. SAFETY NEWS ALERT REVERSE FRACKING MORATORIUM Justice Department attorneys are sure to appeal, so this isn’t the end of il & gas producers won the first the legal battle. We’ll keep you up to Environmental Compliance Alert Oround against the White House date on appeals. keeps industry pros up to date to overturn the drilling moratorium on on the latest EPA rules, why federal lands. Keystone Pipeline officially done companies are being fined, and Judge Terry Doughty of the In related news: TC Energy, the the latest trends at the federal U.S. District Court for the Western developer of the Keystone XL Pipeline, and state level. Read what District of Louisiana ruled the Biden announced it’s throwing in the towel environmental pros depend on administration can’t block oil & on the project. to prevent pollution and stay gas leases on public lands without Biden pulled Keystone’s permit on in compliance. Environmental Congressional approval. his first day in office. Various states Compliance Alert’s editor is State of Louisiana v. Biden is are suing to get the Keystone project joined by Alabama, Alaska, Arkansas, Scott Ball (email: sball@ back on track. SafetyNewsAlert.com). Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, c o V I D - 1 9 h a r p e n y o u r S j u d g m e n t ENVIRO HEALTH & SAFETY This feature provides a framework for decision making that helps keep you and Guide: Ease workers’ air quality concerns your company out of trouble. It describes a recent legal conflict and lets you judge ndoor air quality (IAQ) is a hot yet predictive, maintenance plan to the outcome. Iconcern for businesses as more stay on top of IAQ issues. You’ll and more employees return to the n IS WATER PERMIT AT RISK IF workplace post-COVID. CITIZENS’ GROUP SUES? Environmental health and safety Make IAQ pros may be called on to offer their “I’m not ignoring your advice and assist on plans. concerns,” sighed Buck Flanagan, data available environmental director. “My Keep these points in mind, courtesy company’s not ignoring you either, of energy efficiency experts WellStat: avoid unnecessary upgrades, IAQ Margaret. We just don’t agree that testing and balancing costs over the our storm or wastewater will harm 5 crucial steps long run. drinking water, as you say it does.” • Ensure outside air is safe. Intakes • Make IAQ data available to tenants “We have data to back it up,” located near equipment or motor and building users. People will feel replied Margaret Farley, the leader vehicles can draw in pollutants like safer if they know what’s being done of a citizens’ group that sued particulate matter. Your facility to boost IAQ. companies like Buck’s all the time. department or site vendor may • Set sustainability goals and aim to “If you increase production like not be aware of a problem. Some you plan to, it’ll lead to a major facilities are putting air quality meet building certification standards such as LEED. increase in nitrates,” said Margaret. sensors outside to monitor if safe “The nitrate levels in ground and air is coming in via intakes. Info: tinyurl.com/ surface water in this area are • Establish IAQ monitoring practices, wellstatiaqguide655 already too high. including benchmarks, prioritization “We’re making a simple request of problems, system performance to cut back on production here, and building user feedback Who’s … at least for the time being,” (asthmatics and allergy sufferers (continued from Page 1) said Margaret. may alert you to a dust or odor problem before others do). – for violating the Federal Trade Commission’s Green Guides, which Company says permit’s in order • Implement a preventive, or better provide clearcut definitions and “Like I said, we don’t see it being parameters for marketing products as a problem,” said Buck. “Neither “biodegradable” or “carbon-free.” does the state. They’re ready to issue NVIRONMENTAL It pays to double check the Green a permit any day.” COMPLIANCE E TM Guides closely when rolling out a “That would be a mistake for product or advertising your services: your neighbors and the state if that EDITOR-IN-CHIEF: SCOTT BALL FTC fines can be steep, especially for happens,” said Margaret. [email protected] companies that lack the deep pockets “You have our petition. A lot MANAGING EDITOR: FRED HOSIER of a Coca-Cola. PRODUCTION EDITOR: P.J. FRONZEO of signatures on there. We’re not EDITORIAL DIRECTOR: CURT BROWN For example, a Florida-based going away!” said Margaret. beauty product and skin care maker Environmental Compliance Alert (ISSN 1069-0131), “Take it up with the state,” said paid a $1.76 million fine for falsely August 2, 2021, Vol. 29 No. 655, is ­published Buck. “The water office seems to semi-monthly, except once in December (23 times labeling their products as “100% think our plan is up to snuff.” a year). organic” and “certified organic.” The state issued the company This publication is designed to provide accurate and Fossil fuel producers may be a permit. Margaret’s group sued authoritative information in regard to the subject matter the FTC’s next target. The agency covered. It is sold with the understanding that the to have the permit changed, which is investigating Chevron for ­publisher is not engaged in rendering legal, accounting, put the company’s plans in limbo. or other professional services. If legal or other expert misrepresenting its production of assistance is required, the services of a competent Who won this battle? ­professional should be sought. — From a declaration renewable fuels and carbon footprint of principles jointly adopted by a committee of the in print (see ECA 5/17/21, Page 8 for American Bar Association and a committee of publishers. more info). Copyright © 2021 Safety | News Alert. Please respect Info: ftc.gov/news-events/ our copyright: Reproduction of this material is n Make your decision, then please turn prohibited without prior permission. media-resources/truth-advertising/ to Page 6 for the court’s ruling. All rights reserved in all countries. green-guides

xSafetyNewsAlert.comx 2 August 2, 2021 W h o G o t F in e d – A nd W h y

Where other companies are stumbling over compliance

or more fines, visit:www. Creek, a tributary of the Boise River • failing to properly monitor lime F EnvironmentalComplianceAlert. • minimize turbid discharges of injection at the dryer baghouse. com/category/who-got-fined-why stormwater pollutants Note: The company’s consent decree • maintain an adequate Stormwater requires it to: Pesticide scammer escapes Pollution Prevention Plan • install a new baghouse which will jail time but not big fines • install and maintain Best control all emissions from the Individual/Company: Samir Haj, Management Practices, such as furnace including the hearth owner of EcoShield, San Diego, erosion and sediment control • upgrade the dryer baghouse California. measures, and • install new capture hoods and make Business: Pesticide distributor and • conduct inspections. additional improvements to the importer. Note: The next Construction General dryer closed vent system Penalty: Five years probation and Permit for stormwater includes • increase emissions monitoring, and $556,443 fine (total). new requirements for site owners • make improvements to its Reasons for penalty: Haj imported and operators (see top of Page 5 operations, maintenance and and sold an unregistered pesticide in last issue or search under the monitoring plan. product from Japan which he Stormwater tab at our website for more info). marketed as a killer of airborne Fuel tank leak went viruses such as COVID-19, undetected: $150K ticket called EcoAirDoctor. He also Lead paint safety sting underreported how much he paid nails eight contractors Companies: Hawaii Fueling Facilities for the products to the U.S. Customs and Signature Flight Support, Sand and Border Protection. The product, Companies: Eight residential firms Island, Honolulu, HI. as noted on the label, contains in Spokane, Bellingham and Kennewick, Washington state. Business: Bulk jet fuel storage facility sodium chlorite, which is an item for Honolulu International Airport. Business: Contractors and renovators. declared to be unmailable under Penalty: $150,000. U.S. Postal rules and regulations. Penalty: $200 and higher fines. Reasons for penalty: Both firms Note: Haj pleaded guilty to entry Reasons for penalty: The businesses violated the Spill Prevention, of goods falsely classified and didn’t comply with the lead Control and Countermeasure distribution of unregistered Renovate, Repair and Painting (SPCC) rule which falls under pesticides. rule, including keeping current EPA the Oil Pollution Act. The former certification (go toepa.gov/news operator discovered 42,000 gallons Building site’s stormwater releases/epa-reaches-settlements- of jet fuel leaked through the plan left a lot to be desired eight-washington-renovators-lead- bottom of an aboveground storage based-paint-violations). tank. More than 1,900 gallons of Company: ZWJ Properties, Win fuel were recovered. Hollow Subdivision, Boise, Idaho. Metal plant has a lot of Note: Under the terms of the Business: Construction site. improvements to make settlement, the firms will: Penalty: $62,000. Company: Spectro Alloys, • install a double bottom tank floor Reasons for penalty: ZWJ failed to: Rosemount, Minnesota. on all remaining single bottom tanks • prevent untreated concrete washout Business: Secondary aluminum by December 31, 2028 from running off site to Crane . • conduct more frequent physical Penalty: $110,000 civil fine and up tank inspections until all tanks are to $1 million in air pollution retrofitted with double bottoms o help your firm avoid common control upgrades. • implement additional monitoring mistakes and violations, we T Reasons for penalty: The company to detect leaks present a cross-section of recent was cited for: • install an impervious liner within enforcement actions in each issue. three years, or alternatively, Penalties for firms or individuals • exceeding emission limits from an uncontrolled furnace hearth stack implement an improved sub-surface can include fines, mandatory slurry wall, and facility upgrades, house arrest and • failing to maintain a closed vent even jail time. system at their scrap dryer, and • revise the facility’s SPCC plan.

xSafetyNewsAlert.comx August 2, 2021 3 A i r Q u a l i t y Inspector’s Log

RISK MANAGEMENT PLANS This feature provides insights into the enforcement process – from the point of view of EPA and state inspectors – so you Early look at RMP reg changes to come can avoid routine compliance mistakes made by other companies. PA asked for comments on were exempted from having to whether it should strengthen Clean conduct STAAs when the Trump E n Air Act Risk Management Plan (RMP) administration rolled back RMP WASTES NOT ID’D OR requirements for chemical plants. revisions, including water treatment REPORTED - $65K IN FINES Former EPA chief Christine Todd plants that use chlorine gas. To: Regional Enforcement Director Whitman, two retired generals and a • STAAs need to be shared with From: Inspector Bob Wiley former agency official answered with communities, emergency planning Re: RCRA an affirmative Yes. committees and firefighters. There’s usually more than one The group urged EPA to revisit • High-risk facilities need to reason for RCRA problems at the 2016 RMP rule and build on it substitute safer alternatives to regulated facilities beyond just to protect neighboring communities, processes wherever feasible. simple carelessness. specifically overburdened areas to Sources include wastewater and I’m finding that it’s the folks satisfy the Biden administration’s drinking water treatment plants, who’ve moved beyond paper and focus on Environmental Justice. bleach plants, hydrogen fluoride pen recordkeeping that have a much Following are Whitman and refineries and others among the higher rate of compliance. company’s recommendations that EPA 2,000 high-risk facilities cited Case in point is Acme, which is will look to make a reality soon: in EPA’s National Enforcement in an industry where one or more Initiatives proposal. waste streams are categorically Make analyses mandatory for all • The RMP-regulated substance hazardous – and some companies list should be expanded to don’t stay on top of RCRA rules • All RMP facilities should have include ammonium nitrate, governing hazwaste. to conduct safer technology and reactive chemicals and other alternatives analyses (STAAs) hazardous substances. to reduce the consequences of a Poor waste management habits catastrophic release. About 78% Info: republicreport.org, Acme was one of several facilities of the 12,500 RMP facilities 6/16/21. we visited. It didn’t take more than a few minutes before we found EPCRA some basic violations: • At least two waste streams Unmarked pipes and more gaffes result in $200K hit contained traces of toxic metals. But Acme wasn’t separating those n SITE WASN’T PREPARED FOR AN alarming discoveries during their tour toxics or reporting them. ACCIDENTAL RELEASE – NOW IT IS of the plant. Problems included: • Acme’s hazwaste containers • missing or insufficient labeling weren’t dated or kept closed. ere’s a timely reminder that on the anhydrous ammonia • The worst part was some Hshortcomings in chemical safety system’s piping and valves measures can balloon to well over hazwastes were incompatible, • failure to keep documents and $100,000 if regulators cite you under making the risk of an explosion submit to emergency responders multiple statutes: and fire much greater. • insufficient process hazard analysis • the Clean Air Act’s (CAA) Risk Acme has racked up just over related to ammonia Management Plan (RMP) rule $65,000 worth of fines. • lack of safe distance between • the Emergency Planning and I think a supplemental project pieces of equipment and in aisles Community Right-to-Know Act may be in order here as well. (EPCRA), and • corroded piping and equipment, and Acme could prevent future • the CAA general duty clause. • insufficient staff training occurrences if it implements a as employees weren’t given hazwaste inventory system to track written normal and emergency and maintain disposal records. Staff lacked written plans shutdown procedures. The latest company to be made EPA wrote out citations under an example of is the AES Hawaii CAA section 112r (RMP) and EPCRA coal-fired power plant in Kapolei on for a total of $199,725 in fines. The n Dramatized for effect. Based on the island of Oahu. utility has corrected the violations. a settlement between EPA and a Inspectors made a number of research university.

xSafetyNewsAlert.comx 4 August 2, 2021 W a t e r & W a s t e N e w s T r e nds T o W a t c h

CLEAN WATER PERMITS n OIL WELL BUFFER ZONE REG Groundwater cases facing the Maui test OVERDUE IN GOLDEN STATE The California Geologic Energy ast year, the U.S. Supreme Court distance, and dilution data” that Maui Management Division (CalGEM) is Lruled subsurface pollutants that calls for, the court ruled. late in proposing health and safety reach surface waters may trigger Clean regs to protect people living near oil & gas drilling sites. Water Act (CWA) permit liability. All in the eye of the beholder The regs were due last December (Search for “Maui point source” Talk about a subjective ruling! at our website for a timeline.) per an executive order by Governor Cases just like this one are waiting Gavin Newsom (D). CalGEM said The County of Maui v. Hawaii to be heard, and could go either way they’d have a reg ready by spring Wildlife Fund ruling is now being depending on the judges hearing them. but missed that deadline too. applied to groundwater pollution That’s because the Supreme Court Despite its reputation as a leader cases at the state and federal district set seven parameters that may prove court level. in tough environmental and safety relevant in determining if a discharge regs, California lacks oil & gas well For example, the Big Sky Water permit is necessary for pollution: buffer zone rules that states like and Sewer District in Montana is 1) transit time 2) distance traveled and Texas have. being sued for contaminants from 3) the nature of the material through sewage holding ponds discharging which the pollutant travels 4) how For example, Texas prohibits to the Gallatin River. much the pollutant is diluted or wells being closer than 467 feet of a property line. The utility argued it couldn’t chemically changed as it travels effectively treat wastewater from the 5) the amount of pollutant entering Industry groups opposed buffer region without operating the holding the navigable waters relative to the zones for between oil & gas wells tanks as is. amount that leaves the point source and homes, hospitals, schools and 6) the manner by or area in which parks because it would cut into The Montana district court denied energy production. a temporary injunction against the the pollutant enters the navigable water utility because the group suing waters, and 7) the degree to which the Info: conservation.ca.gov/calgem couldn’t show irreparable harm would pollutant maintains its identity. be done. Elevated nitrogen samples Info: huntonnickelreportblog.com, n ANOTHER STATE ADOPTS didn’t “provide the kind of time, 6/18/21. HAZWASTE GENERATOR RULE Facilities in Maryland now have WATER QUALITY to comply with EPA’s Hazardous Waste Generator Improvements Court upholds Iowa’s lenient farm runoff policy (HWGI) rule. Maryland became the 35th state n FARMERS ESCAPE NITROGEN, policy doesn’t shield farms from to adopt HWGI. Tennessee added PHOSPHOROUS LIMITS FOR NOW citizens’ group lawsuits. the mandatory reg changes to their RCRA programs a couple months voluntary water pollution Farms maintain upper hand ago (search for “hazardous waste A policy for corn and hog farms One of the judges voting with the generator states” at our website). in Iowa will remain in place following majority wrote that the Des Moines Most states are adopting two less a ruling by the Hawkeye State’s Water Works had better standing to stringent guidelines – both of which supreme court. sue because utilities (and taxpayers) are popular with industry: Environmental groups argued are funding the waste treatment bill. • allowing a facility to avoid a nitrogen and phosphorous limits were But the Des Moines utility lost a higher generator status for an needed for farm runoff, and that new federal court case in 2017 in which it episodic event, such as a tank concentrated hog farms shouldn’t sought to get farms to pay their fair cleanout, and be built, to reduce pollution in the share or slash pollution. Raccoon River and other waterways. • permitting a very small quantity Iowa is the No. 1 producer of corn generator to send hazwaste to a The court ruled 4-3 against setting and pork, a byproduct of which is large quantity generator under policy as the groups wanted which billions of gallons of liquid manure control of the same owner. puts the ball back in state legislators’ released into lagoons and soil. court. groups will continue Info: www.dsd.state.md.us/ lobbying state lawmakers to keep the Info: iowacourts.gov/iowa-courts/ MDR/4809.pdf voluntary policy in place. supreme-court/supreme-court- opinions/case/19-1644 The Hawkeye State’s voluntary

xSafetyNewsAlert.comx August 2, 2021 5 E nvi r o /S a f e t y U p d a t e WHERE TO GET HELP

ELECTRONIC REPORTING n ONLINE MAPPING TOOL FOR Paper hazwaste manifests phased out FINDING WATER POLLUTION Here’s a great resource for utilities and water program he days of sending in paper-only is sticking with the June 1, 2023 managers: Thazardous waste manifests ended deadline for all facilities to comply on June 30. fully with eManifest. An online mapping tool that shows potential sources of drinking EPA’s hazwaste electronic manifest Info: The eManifest portal is at water contamination throughout rule (eManifest) gives treatment, rcrainfo.epa.gov/rcrainfoprod/action/ the country. storage and disposal facilities (TSDFs) secured/login one of four options besides paper: Drinking Water MAPS is a free online map program from EPA that • all electronic highlights known polluted areas in • hybrid (electronic/image) Commitment to ESG a U.S. watersheds. • image only, or part of financial filings? Info: epa.gov/sourcewater • data image. protection/drinking-water-mapping- The eManifest rule was enacted The U.S. Senate is considering application-protect-source-waters- to slash paperwork duties for adding environmental, social dwmaps government and industry under the and governance-related (ESG) Paperwork Reduction Act. disclosure requirements for publicly n CHECK THIS OVERLOOKED traded companies. AREA FOR ENERGY SAVINGS The House passed the ESG What’s a big energy waste for Industry reluctant to jump aboard changes to Securities and Exchange commercial facilities? TSDFs can now insist their Commission (SEC) filing guidelines hazwaste-generating customers along party lines. Try outdated lighting in parking garages, especially 24-hour facilities. create an account in the eManifest Democrats in the Senate can push online portal. the bill through with Vice President One advantage: Lighting retrofits But TSDFs can continue taking Kamala Harris’ vote if necessary. can be done in stages without inconveniencing tenants. paper manifests for the time being. If the bill passes, companies Despite all-electronic (online-only) would need to report on climate Some sites go with light emitting being the easiest and least expensive change risk and impact (including diode (LED) lamps because they last option, fewer than 1% of facilities any risk management strategies in longer and use less electricity. are using it. place), political spending, tax havens, Info: stouchlighting.com/ EPA hasn’t announced a sunset executive pay and corporate diversity. blog/3-benefits-of-led-parking- date for hazwaste generators (roughly Info: paulhastings.com/insights lot-lighting 600,000-plus sites nationwide) and (6/21/21).

there was nothing out of the ordinary with a court Sharpen your judgment – THE DECISION ordering regulators to rewrite a permit if citizens make a reasonable argument the environment may be at risk. (See case on Page 2) n The citizens’ group won. ANALYSIS: IT’S BETTER TO NIP CITIZENS’ CONCERNS IN THE BUD THAN RISK A BATTLE The court agreed with the citizens’ group that the pollutant discharge elimination system (PDES) permit This company had an opportunity to go back to the wasn’t strong enough to protect groundwater. drawing board and ease the citizens’ group’s concerns about water quality. In a previous decision, a lower court ruled the state agency should rewrite the PDES permit so it: Citizens made a compelling case the company (a cattle feedlot) should scale back in size to prevent a spike in • required the company to monitor for pollutants, and nitrate and bacteria levels. • set lower discharge limits. The state agency should’ve set tighter guidelines. The In an odd twist, the state agency balked at being told company ended up paying for the agency’s mistake. what to do by the judge, and fell back on a recently passed Cite: Clean Wisconsin v. Department of Natural law that bans regulators from enacting “administrative Resources, WI Circuit Court, No. 2015-cv-002633. rules,” unless the agency is granted those powers. Dramatized for effect. That tactic didn’t work out too well. The court ruled

xSafetyNewsAlert.comx 6 August 2, 2021 W h a t ’ s C o m ing REAL PROBLEMS/SOLUTIONS

SUPREME COURT n DASHBOARDS SHOW WHERE Refineries win biofuel waiver battle TO IMPROVE EFFORTS What are your significant environmental impacts? he U.S. Supreme Court ruled 6-3 sources for pollution like air toxics in favor of small refineries’ right and hazardous metals. Water, air, waste, or is it all of T the above? to exemptions from blending biofuels Info: epa.gov/environmentaljustice into gasoline, as mandated by the Whatever your answer, you need Renewable Fuel Standard (RFS). to be measuring them regularly and The ruling reversed a decision with a very critical eye. against Oklahoma, Utah and Changes to corrosive We’ve gotten the best results Wyoming refineries that were awarded waste definition nixed using electronic dashboards via an waivers by the Trump EPA. online program. Phew! EPA won’t be lowering the But when the cards show “green” threshold for corrosive waste under Ethanol makers take it on chin results across the board or in most the Resource Conservation and areas, it’s not a time for patting Larger refineries, as well as Recovery Act (RCRA). producers of ethanol, cellulosic biofuel everyone on the back. and other renewables, have argued The agency denied a petition to Green results can be a sign that by granting waivers to small reduce the threshold for a corrosive your metrics aren’t tough enough, refineries, it forces them to fulfill hazardous waste from a pH level whether it’s trash you landfill, annual RFS production volumes and of 12.5 to 11.5, and to expand the specific air pollutants you have to to purchase more credits. corrosive definition to also include monitor, you name it. non-aqueous waste. Few refineries were awarded waivers until Trump’s term. But The Public Employees for Always green? Set higher goals eventually ethanol advocates Environmental Responsibility (PEER) first petitioned for the changes in On the flip side, red results can convinced the administration to ease mean you are setting the bar high up on issuing exemptions. 2015 because World Trade Center firefighters and emergency responders enough – maybe too high – in Info: supremecourt.gov/ developed lung disease from breathing certain areas. opinions/20pdf/20-472_0pm1.pdf in alkaline dust. Had a lower For our purposes, we want red limit been in place in 2001, more to show if we’re close to a target or responders would’ve worn face masks way under. Enviro Justice program and respirators. That way we know if those metrics need to be adjusted, or if gets $50M jump-start Avoids RCRA headaches for many our team isn’t doing all it can do. The American Rescue Plan EPA “tentatively” denied the approved by Congress will allocate petition in 2016. The Biden EPA has $50 million to environmental justice now officially denied it. (EJ) initiatives, by far the largest PEER’s suggested changes would’ve funding of its kind. added a slew of waste items to The largest slice will go toward RCRA’s hazardous listings. t FROM OUR SUBSCRIBERS EJ grants. EPA is doling out funds to For example, ammonia has a asthma and air quality community pH level of about 11.6. Facilities More than 90% of our readers report in projects in Los Angeles, Houston, that generate ammonia waste surveys that Environmental Compliance Madison, Wisconsin, Hartford, would’ve needed to expand waste Alert, with its quick-read format, is more and other areas ($16.6 determinations to cover their hides ­valuable than any other ­publication million total). and protect workers, emergency they read. • $7 million will fund the Diesel responders and the public. he brief format allows me Emissions Reduction Act rebate A waste is corrosive if it’s: program with overburdened “T to survey a wide variety communities eventually receiving • aqueous with a pH less than or of topics. It’s topical, timely and electric buses. equal to 2 or greater than or equal well-written.” to 12.5, or • $5.1 million will go toward civil Cameron Walker and criminal enforcement with • a liquid that corrodes steel at a rate Site Specialist added monitoring near low-income greater than 6.35 millimeters per Metropolitan Water communities and drinking water year at a test temperature of Willow Springs, Illinois 55 degrees Celsius.

xSafetyNewsAlert.comx August 2, 2021 7 U p d a t e O n F e d e r a l R u l e s

Air, Water & Waste regs that affect your operations

ere’s ECA’s digest of recent National Forest and warned that 2014 emissions data. H Federal Register (FR) notices, “a lot of people could get hurt” if the Starting late this year, EPA will Regulatory Identifier Numbers sale went through. make data on estimated risks of air (RINs) and other national Tree spiking damages chain saws toxics available to the public. activities concerning air, water and other kinds of blades and puts and waste issues. For these and Info will be incorporated into users at risk of physical injury. The EJScreen, the agency’s Environmental more federal updates, visit: www. practice is illegal under federal law. EnvironmentalComplianceAlert.com/ Justice screening tool, to help category/update-on-federal-rules “It’s clear that Ms. Stone-Manning communities and regulators screen was intentionally trying to deceive for potential health risks. the Senate Committee on Energy and Eventually annual air toxics data TSCA Natural Resources,” said U.S. Senator will be included in the annual Air John Barrasso (R-Wyoming). “She Trends Report. Certain per- and polyfluoroalkyl told the committee she had never been substances (PFAS) will need to be the subject of an investigation and yet reported electronically to the Chemical complained about being investigated STATE PLANS Data Exchange if a proposed Toxic in the press.” Substances Control Act (TSCA) One trend at EPA that doesn’t Section 8(a)(7) rule goes through. appear to be changing despite the ASBESTOS The reg affects PFAS manufactured change in administrations is speedier or imported here since Jan. 1, 2011. approval of state implementation EPA will take another crack at an plants (SIPs). Reporting data must include PFAS asbestos data rule under a federal uses, production volumes, disposal, court order. Here are a few of the SIPs approved exposures and hazards. by the feds in recent weeks: The U.S. District Court for the Hundreds of PFAS are subject to Northern District of California ruled • Texas – Coal Combustion Residuals reporting. But the reg exempts: in favor of the state attorneys general permit program • PFAS which aren’t categorized as for California and • Indiana – Portland cement air chemical substances under TSCA against EPA. monitoring requirements • designated pesticides under the EPA agreed to promulgate a • Illinois – multi-air pollutant Federal Insecticide, Fungicide and data reporting rule for asbestos and standards for coal-fired electricity Rodenticide Act, and eliminate reporting exemptions (under generating units • items, food additives, drugs, TSCA) for the carcinogen. • California – 8-hour ozone cosmetics or devices as defined by The Trump administration denied nonattainment area requirements for the Food, Drug and Cosmetic Act. petitions by health groups and AGs to Eastern Kern County For technical info, contact regulate asbestos via TSCA in 2019. • Iowa – Title V air SIP and air Stephanie Griffin, (202) 564-1463, A proposed rule is due in nine operating procedures [email protected]. For general months and final rule 18 months after • and – info, contact the TSCA hotline at the date of settlement. revisions to the 1997 national (202) 554-1404 or TSCAHotline Info: oag.ca.gov/news, 6/7/21. ambient air quality standards for @epa.gov. ozone attainment demonstrations Info: RIN 2070-AK67 • Arizona – Maricopa County Air AIR TOXICS Quality Department’s Rule 510 revisions to maximum allowable BUREAU OF LAND MANAGEMENT EPA will provide national air toxics levels of ambient air pollution, and data annually instead of every three to President Biden’s choice to head the four years from now on. • Colorado – aerospace, oil & gas and Interior Department’s Bureau of Land other Reasonably Available Control The agency announced it will Technology requirements under Management (BLM) is unlikely to get provide a systematic update for all an up-or-down vote. the 2008 ozone 8-hour standard air toxics info, including emissions, for the Denver/North Range Front Tracy Stone-Manning was involved ambient concentrations, national nonattainment area. in spiking trees slated for a timber sale screening risk estimates and in 1989. She informed federal officials monitoring data. Info: federalregister.gov/agencies/ about her environmental group environmental-protection-agency, The most recent air toxics 6/22/21-6/25/21. spiking trees in Idaho’s Clearwater assessment from 2018 was based on

xSafetyNewsAlert.comx 8 August 2, 2021