Vol. 24, No. 2, May 2016 The RT Review

RTENV.COM Providing Timely, Practical and Effective Environmental and Energy Services Since 1988 NEW RESEARCH COULD USHER IN AGE OF ’SMART’ BUFFERS In the Delaware River Basin, degraded water is often associated amounts of nitrogen entering streams (nitrogen loads) in the eastern with farming activities that contribute excess nutrients to waterways. United States. One management approach to intercept This is particularly the case in the Brandywine-Christina River Basin nitrogen before it enters streams is to restore riparian (riverside) of Chester and New Castle counties, which has one of the highest forest buffers. But one size does not fit all. Deciding where to restore buffers is 30-meter, Fixed-width Buffer 10-meter, Fixed-width Buffer & Variable-width Buffer challenging, partly because of large spatial variability in nitrogen removal. The effectiveness of buffers is largely con- trolled by the width of the buffer combined with the hydrology, or how water flows across the landscape. However, current restoration strategies typically do not consider hydrology, and they generally use fixed-width buffers. To guide restoration and conservation, we have developed a decision-support computer model. This model identifies the optimal locations for riparian forest buffers by considering hydrology. We have tested the model on the Brandywine-Christina River Basin. We are using Geographic Information Systems (GIS) software and we developed custom GIS routines. These model the flow of water and nitrogen across the landscape, and estimate the These maps show part of the West Branch of the Red Clay Creek in Pennsylvania. potential removal of nitrogen in riparian Together they illustrate how combining fixed-width and variable-fixed buffers requires less buffer areas to achieve the same reduction in nitrogen beds. forest buffers. Our GIS model can simulate different conservation scenarios, and we can calculate the amount of buffering needed to achieve desired reductions in nitrogen loads. The exciting aspect of our GIS model is that it allows us to compare different conservation strategies. This is important because riparian forest buffers have other benefits besides nitrogen removal. Planners may desire to have a minimum buffer width for these other ecosystem services, like stream temper- ature regulation and wildlife habitat. Using our model we can simulate alternative conservation strategies by combining a minimum fixed-width buffer with variable-width buffers. Our results show that using a variable-width buffer reduces the amount of area needed by 50%. This would be a major cost savings. The other exciting (continued on page 3 aspect of our model is TABLE OF CONTENTS that we can identify Staff and Project News ...... 2 optimal locations for Federal Updates ...... 4-7 innovative nutrient The West Branch of the White Clay Creek flows through a livestock pasture PA Updates ...... 8 outside New London, Pennsylvaia. Current recommendations call for forested reduction practices. We NJ Updates ...... 9 buffers no less than 100 feet wide. However, new research shows the benefits of are currently refining Technology Updates ...... 10 varying the width of thesebuffers, while lowering costs. our model and will RT Energy News ...... 4 & 6

Page 1 Vol. 24, No. 2, May 2016 RT STAFF AND PROJECT NEWS DIRECTORY Spring is turning out to be very busy for RT in In , RT continues work at a signifi- Corporate Headquarters all three of our offices. We have a large increase cant number of LSRP sites, with an average of of projects in North Jersey, including the major three to four new LSRP sites coming in each 215 West Church Road Phillipsburg project which is getting underway as month. A number of the sites involve solar ener- King of Prussia, PA 19406 approvals are received to proceed with site gy facilities, most of which are being constructed Phone: (610) 265-1510 redevelopment. 2,000 construction jobs and in Central New Jersey. FAX: (610) 265-0687 2,000 permanent jobs are projected to develop in Gary Brown and James Sieracki are continuing the I-78 Logistics Center, which will allow work on three projects involving stormwater E-mail: [email protected] next day delivery of internet-ordered goods issues, involving municipal storm sewer systems. World Wide Web: HTTP://RTENV.COM throughout North Jersey, New York City, Western Stormwater concerns and issues from stormwater Long Island and Western Connecticut. systems are one of our biggest areas where we 24 HOUR RT Environmental Services has been working on evaluate the existing systems, determine exactly URGENT LINE SERVICE the site since 2004. Tony Alessandrini is what the complaints are and determine what the 800-725-0593 completing asbestos work on the site, and Gary appropriate action is, given the potential Brown is LSRP for the redevelopment. plaintiff’s complaints. Gary Brown spoke on this Gary Brown, P.E., President In the Kearny and Bayonne area, Chris Ward and related expert topics at the Pennsylvania Bar Phone: (610) 768-0232 and Gary Brown are LSRPs working on redevel- Institute Environmental Law Forum held at the E-mail: [email protected] opment projects involving former industrial sites, Harrisburg Hilton in April. and a number of smaller sites which were used For the Pennsylvania Chamber of Business Craig Herr, P.G. for manufacturing or petroleum production in the and Industry, RT was the exclusive Diamond Phone: (610) 265-1510 Ext. 215 Bayonne area. Sponsor at the annual Environmental Conference Hydrogeology Group Manager Jen Berg is continuing work on the completion held in April in Lancaster. Attending the E-mail: [email protected] of the Bellmawr Waterfront Development Phase I Conference were Walter Hungarter and John area, which is expected to reach a point of Solid Lydzinski, and Gary Brown was Moderator for Walter Hungarter, P.E., Vice President Waste Closure Certification in the next several conferences on air emissions regulations and Phone: (610) 265-1510 Ext. 238 months. Bellmawr Waterfront Development con- residual waste. General Manager tinues to receive materials in the Phase II and III RT continues to sponsor key environmental redevelopment areas for soil reuse. events in Pennsylvania, including events in E-mail: [email protected] Chris Blosenski is working with Gary Brown Harrisburg, Pittsburgh and Philadelphia for the on a central New Jersey expert case, where Pennsylvania Environmental Council (PEC). New Jersey arsenic impacted soils were moved to another site Gary Brown is Treasurer of PEC, who is very Chris Ward which later resulted in claims and litigation. influential when controversies arise over envi- Phone: (856) 467-2276 Ext. 122 Gary Brown is working on a second West ronmental laws and regulations. PEC provides Virginia expert project involving damages from a well-respected input on policy issues as well. E-mail: [email protected] water line leak. Gary previously testified in PEC is led by President Davitt Woodwell and Suite 306, Pureland Complex another case in West Virginia involving long term lead Vice President in Philadelphia is 510 Heron Drive, P.O. Box 521 wastewater line leakage impacting residential Patrick Starr. John Walliser stays on top of Bridgeport, NJ 08014 properties. policy and legislative issues as they emerge, in Phone: (856) 467-2276 Justin Lauterbach is undertaking work at a Harrisburg and elsewhere. You can reach PEC’s number of pharmacy retail and donut retail sites, Webpage at http://pecpa.org/. FAX: (856) 467-3476 both in Pennsylvania and New Jersey. A A number of new projects are arising at a significant percentage of the sites were former western PA former steel site as redevelopment of Southwest Pennsylvania petroleum retail service stations, and involve several areas gets underway, with Mining and remediation being closely coordinated with new Waste Program issues being coordinated. The Justin Lauterbach, Q.E.P., Vice President development to hold down costs. operations RT supports from a consulting and E-mail: [email protected] Walter Hungarter is working on a number of permitting standpoint involve a former steel 591 East Maiden Street large redevelopment projects, some of which facility in Aliquippa, Pennsylvania. Washington, PA 15301 involve commercial space and a significant RT appreciates the opportunity to be of service Phone: (724) 206-0348 number of which involve residential redevelop- to its clients, and we are looking forward to more ment in the northern and western suburbs of the projects in 2016 and beyond. FAX: (724) 206-0380 Greater Philadelphia area. Gary R. Brown, P.E., President

Regional Partners LOUISE MANCUSO WOLF JOINS RT company working under the supervision of Louise Mancuso Wolf serves as the Justin Lauterbach. Massachusetts Louise holds a Bachelors of Science in Andy Irwin Director of Business Development for RT Environmental Services, Inc. in Pittsburgh. Business Administration majoring in Finance Phone: (508) 653-8007 from Robert Morris University, Pittsburgh, FAX: (508) 653-8194 She brings 25 years of diverse experience in real estate and energy related industries PA. Louise is joining RT at an important time specializing in business management and Ð as our Southwestern Pennsylvania business Michigan expands, we want to get proposals quickly to Michael Carlson customer relationship development. Prior to joining RT, Louise spent most of our clients to meet their needs. Please join us Phone: (248) 585-3800 in welcoming Louise to the RT team of FAX: (248) 585-8404 her career overseeing the business activities, financial controls, expansion and progression professionals. of profitable new business for both the - Justin R. Lauterbach, Q.E.P., Vice President North Carolina Ph: 215-909-0056 Phil Rahn commercial real estate and natural gas industries. Her key role with RT is to assess Email: [email protected] Phone: (336) 852-5003 You can reach Louise at: the current markets, network, and find oppor- Ph: 412-266-8334 tunities for the growth and development of our Email: [email protected]

Page 2 The RT Review New Research Could Usher in Age in ‘Smart’ Buffers (continued from page1) apply it to other areas. Our geospatial “smart” mitigation practices cost the taxpayer a EDITOR’S NOTE: Thomas Santangelo won buffer analysis will aid watershed managers pretty penny. Detailed problem solving is key, the Best Student Poster Award at the to make well-informed decisions to restore and in the case of establishing the most effec- Delaware Estuary Science & Environmental riparian forest buffers and make waterways tive riparian forest buffers along stream ways Summit in January of 2015. In recognition of cleaner. in the Delaware River Basin, it is most reas- his accomplishment, the Partnership for the Acknowledgment: This work was partially suring to see that problem solving went an Delaware Estuary is pleased to share his funded by the Delaware Environmental extra step. Not only are they establishing research with Dr. Luc Claessens in Estuary Institute’s Environmental Frontiers Grant effective buffer zones to help reduce nitrogen News. Program. loads entering streams but they are establish- This article was published in Estuary By: Luc Claessens, Ph.D., Assistant Professor ing it in the most cost effective way which News, Winter 2016, a Newsletter of the Thomas Santangelo, Graduate University of can assure more money down the road for Partnership for the Delaware Estuary. Delaware future environmental mitigation. This is an Now more than ever, we are recognizing excellent example of careful and responsible the importance of water conservation and the environmental planning. Julian Pozzi need to mitigate our negative impacts on our [email protected] precious watersheds. Unfortunately these Ph: 856-467-2276 x 102 RAILROAD TIES – MANAGING THE OLD ONES Wood railroad ties account for over 90% of the biofuel at cogeneration plants. In the past few solid waste and can be burned as fuel in combus- more than 680 million crossties in use on US rail- years, many biomass power facilities have real- tion units without triggering stringent hazardous road track (others materials include concrete and ized the benefits of these ties as an ideal fuel waste combustion emission requirements. One plastic/composite). More than 16 million rail- source with many benefits. Burning of railroad of the materials included was creosote treated road ties are replaced each year and require ties allows biomass boilers to operate more effi- railroad ties. The rule specifically includes only disposal. This is not to mention the millions of ciently by complementing higher-moisture fuels those creosote treated ties, however there was an railroad ties recovered from railroads which are such as forestry residues. In turn, this enhances industry push to expand the types of preserva- no longer in use. Regulations exist on the healthy forests, promotes recycling for urban tive-treated railroad ties covered by the rule. federal, state and local levels with regard to used wood, allows states to meet renewable energy The EPA rejected inclusion of railroad ties wood railway crossties. The rules are primarily in goals, and reduces methane emissions that would treated with both creosote and borate in the rule, place due to the presence of creosote, although otherwise occur if the ties were left to decompose making the determination final. EPA did not the volume of these ties also has an influence. or be landfilled. agree that the definition of creosote treated The ties, which are manufactured from oaks and Burning of used crossties in facilities other railroad ties should also be expanded to include other hardwoods, are pressure treated with cre- than cogeneration plants (combined heat and dual treated ties. EPA did, however, indicate that osote, which, under the Federal Insecticide, power plants) is covered under Federal regula- they may revisit the determination in the future. Fungicide, and Rodenticide Act (FIFRA), is an tions. Regulations have been developed to Source: EPA Website approved registered pesticide. The railroad ties address the improper burning of crossties which Justin Lauterbach can also be treated with other chemicals. can emit toxic air pollutants generated from the Email: [email protected] The used ties are stored, recycled and/or wood preservatives in the ties. EPA recently Ph: 215-909-0056 disposed of, with the majority being shredded at finalized a rule which determined that there are processing yards and subsequently burned as three types of materials which are not considered

NJ - LOWER PASSAIC RIVER REMEDIATION OPTION SELECTED The New Jersey Department of Environmental Protection The Passaic River was vital to America's industrial engine for more proposed a remediation option for the Lower Passaic River which than 100 years, helping to bring thousands of jobs and economic has been approved by EPA. prosperity to northern New Jersey and an emerging nation. Running The remediation approach calls for dredging, capping, and through one of the most densely populated areas of the state, it also disposal of contaminated materials at out of state facilities. The served as an important natural and recreational resource. remediation approach for the Lower Passaic River has been Due to its industrial past, Passaic River sediments contain many contentious, and New Jersey’s selected cleanup remedy is as contaminants of concern, in particular dioxins associated with the follows: production of Agent Orange at the former Diamond Alkali site in * Remove and cap contaminated sediment to reduce the Newark. The lower Passaic River is considered one of the most ongoing threat to human health and the environment; contaminated rivers in the nation. * Stop the uncontrolled release and movement of contaminated EPA previously has conducted two "hot spot" sediment removal sediments into Newark Bay and other parts of the estuary; efforts on the lower Passaic River. In 2012, it targeted removal of * Be consistent with reasonable long-term future uses of the 40,000 cubic yards of dioxin-contaminated sediments adjacent to Passaic River and adjacent areas, particularly its use as a navigable the Diamond Alkali Superfund site in the Ironbound section of waterway; Newark. In 2013, EPA required that responsible parties dredge the * Remove and treat contaminated sediments consistent with the top 2 feet of dioxin-contaminated sediments in a half-mile of state's preference for out-of-state disposal to permanently and mudflats along the Passaic River in Lyndhurst and cap the remaining significantly reduce volume, toxicity and mobility of hazardous contamination. substances; To view the details of EPA's final remedy, and to view technical * Provide for management of the waste in a manner that will not information regarding the need for the cleanup and different add further burden to the surrounding communities' existing alternatives evaluated, visit: environmental issues. https://semspub.epa.gov/src/collection/02/AR63167

Page 3 Vol. 24, No. 2, May 2016 FEDERAL REGULATORY UPDATES THE OFFICE OF MANAGEMENT AND taking steps to address potential violations. BUDGET CLEARS NON-WASTE For many years, questions arose that when FEDERAL UPDATES FUEL RULE there are temporary air incursions, are those ¥ Coal Tar Sealants, pg. 4 The Office of Management and Budget incursions considered major violations or was ¥ FL Degradation Rules, pg. 4 recently completed work under the Resource the company taking action at the time of the ¥ MS-4 General Permit Controversy, pg. 4 Conservation and Recovery Act related to new incursions to address short term items of little ¥ TCE Use Restriction, pg. 7 categories of non-waste fuels. Following court environmental concern? Emissions from SDWA also directs the Agency to select five or activity early in 2015, certain determinations refineries which have air toxics have been the more contaminants from the current CCL and were made to expand the types of railroad ties subject of lawsuits by environmental groups, determine whether to regulate these contami- deemed to be non-waste fuel. EPA also was but court observers believe that the recent rul- nants with a National Primary Drinking Water reversing its position regarding the considera- ing in Texas will make it harder for citizen Regulation (NPDWR). tion of additional treated wood products to be suits to be filed, when there are only short-term EPA further reduces human health risks by on the list of non-waste fuel as part of future emissions issues of limited overall environ- studying the presence of selected unregulated rulemaking. mental concern. contaminants in drinking water every five The Final Rule is expected to add certain (Inside EPA Ð 12-24-15) years. EPA then determines whether to construction and demolition wood, creosote- regulate the unregulated contaminants. On treated railroad ties and certain paper recycling AMERICAN PETROLEUM INSTITUTE October 20, 2014, the agency released prelim- residuals to a list of non-hazardous secondary FAULTS EPA COMPLIANCE PLAN FOR inary determinations to regulate strontium and materials that can be used as non-waste fuel. OIL AND GAS POLICY not to regulate dimethoate, 1,3-dinitrobenzene, The EPA in 2015 issued a “Next terbufos, and terbufos sulfone. On January 4 of ENVIRONMENTALISTS FILED SUIT IN Generation” Group of Compliance Tools in its this year, EPA has made a final regulatory FEDERAL APPEALS COURTREGARDING proposed Methane Emissions Rule for new oil determination not to issue a national primary LINERS FOR ASH IMPOUNDMENTS and gas drilling. However, the American drinking water regulation for dimethoate, Environmental Groups filed an opening Petroleum Institute has commented on the 1,3-dinitrobenzene, terbufos, and terbufos brief in a federal appeals court to force EPA to Proposed Rule that it is not appropriate for sulfone because they are not occurring, or strengthen its RCRA Ash Impoundment Rule. EPA to require non-EPA entities to perform occur infrequently in drinking water. However, The issue relates to having a liner mandate for EPA responsibilities. EPA also believes that the agency is not making a final regulatory sites receiving as much as 94% of ash sent to the New Source Performance Standard pro- determination for strontium at this time. in-ground disposal sites. posed measures are unnecessarily punitive. The Agency based its decision to delay a Environmental groups arguing that because The key issue is that in early 2015, EPA final determination for strontium on public under the New Ash Rule that liners are floated the idea of “Next Generation” comments received and plans to further required, there is no good reason not to require Compliance Rules, which now appear to be evaluate scientific information that became liners in existing facilities which continue to proposed for change to become compliance available after publication of the preliminary operate. EPA calculated that each unlined ash mechanisms. regulatory determinations. By delaying action, impoundment has a 36.2% lifetime risk of the Agency says that it will be able to use the leaking. EPA AND USGS AGREE – COAL-TAR best available science to conduct additional SEALANTS ARE A MAJOR SOURCE scientific analyses to determine if there is a FLORIDA’S CLEAN WATER ACT OF PAHs need to develop a national drinking water DEGRADATION RULES SUBJECT The Pavement Coating Technology Council regulation for strontium. TO LITIGATION made a request to EPA to correct information (Environmental Resource Center Ð 1-11-16) Environmentalists are suing EPA for on its Website, as EPA had endorsed USGS approving Florida’s Clean Water Act Rules, findings that coal-tar pavement sealants are the EPA PROPOSES REVISIONS TO which are focused on preventing degradation largest source of PAHs in urban lakes. RISK MANAGEMENT PROGRAM in several significant waters including the In a response to the Pavement Coating REGULATIONS Everglades. The environmental group Technology Council, EPA says it will modify The EPA is proposing to revise its Risk involved, Federal Wildlife Federation, sued language on its Websites to better emphasize Management Program (RMP) regulations to because the group believes that water law that there are numerous sources of PAHs, but improve chemical process safety, assist local offers little guidance on what state anti-degra- the underlying findings of the US Geological emergency authorities in planning for and dation rules must contain. It is alleged that Survey, who evaluated sediment data using responding to accidents, and improve public EPA does not have the authority to approve new methodology, are considered appropriate awareness of chemical hazards at regulated Florida DEP’s incomplete Clean Water Act. for EPA to continue to post on its Webpage. sources. We will keep you informed as this case EPA declined to withdraw the information and “Chemicals are a necessary part of our proceeds. defends the quality, objectivity and transparen- everyday lives; however, as we have too often cy of the USGS studies. seen they can cause loss of life, injury and EXXON WINS REFINERY AIR CASE significant property damage,” said Mathy Exxon operates the largest refinery in the EPA HAS DECIDED WHICH NEW Stanislaus, EPA’s assistant administrator for United States in Texas and the company took CHEMICALS WILL BE REGULATED the Office of Land and Emergency steps to address emission limit exceedances at IN DRINKING WATER Management. “It is these dangers that we are its refinery. In a court decision on December The Safe Drinking Water Act (SDWA) working to prevent and minimize as we 17th, the court found that one-time air law directs EPA to publish a list of contaminants propose revisions to the RMP, such as improv- violations did not necessarily constitute a (referred to as the Contaminant Candidate List, ing our prevention program requirements, significant problem if the company was simply or CCL) to assist in priority-setting efforts. ensuring coordination with first responders,

Page 4 The RT Review FEDERAL REGULATORY UPDATES (Continued) and ensuring that accident planning protects their RMP Program. Undoubtedly, personnel at times to “divergent results.” There is local communities that need to evacuate or dealing with RMP Programs have changed concern that national uniformity is being lost. shelter-in-place during an accident.” over the years and newer people don’t While numerous chemical plants are always have the same perspective and EPA PRESSURE TO ESTABLISH operated safely, in the last 10 years more than understanding on the importance of a good UNIFORM GUIDANCE ON 1,500 accidents were reported by RMP facili- Program for the health and safety on the PERFLUOROOCTANOIC ACID (PFOA) ties. These accidents are responsible for facility and its neighbors. The revisions will The chemical PFOA has been found in a causing nearly 60 deaths, some 17,000 people also help emergency personnel review their number of public and private drinking water being injured or seeking medical treatment, plans for responding to an incident and wells in the Northeast. EPA headquarters has almost 500,000 people being evacuated or assure that no changes or improvements are not made any announcements of whether to sheltered-in-place, and costing more than $2 needed. apply a uniform stringent contamination level billion in property damages. For further information on RMP and the State Governors are concerned that The Accidental Release Prevention regula- Programs, please contact Lawrence Bily at with no enforceable standard, not having tions under section 112(r) of the Clean Air Act 610-265-1510 x236, or [email protected]. uniform guidance on PFOA will lead to confu- (CAA), also known as the EPA RMP regula- sion on how to protect water supplies. tions, require covered facilities to develop and EPA ISSUES DRAFT NPDES PESTICIDE At RT Review press time, it was not clear implement a risk management program. The GENERAL PERMIT FOR POINT SOURCE when or if EPA would respond. proposed revisions to EPA’s RMP regulations DISCHARGES FROM THE is a key action item under President Obama’s APPLICATION OF PESTICIDES CONTROVERSY OVER MS-4 Executive Order (EO) 13650, Improving GENERAL PERMITS Chemical Facility Safety and Security. EPA All ten EPA Regions are proposing for pub- The states and utilities are split over EPA’s shares RMP information with state and local lic comment the draft 2016 National Pollutant Plan to revise General Permit application pro- officials to help them plan for and prevent Discharge Elimination System (NPDES) pesti- cedures for municipal separate storm sewer chemical accidents and releases. cide general permit (PGP)—the “draft 2016 systems. The issue relates to how states would This proposal is the result of a review under- PGP.” The draft 2016 PGP covers point source oversee SWMPs. taken to modernize the existing EPA RMP and discharges from the application of pesticides to The Association of Clean Water information gathered from feedback obtained waters of the United States. Once finalized, the Administrators which represents many state during listening sessions, Webinars, meetings draft 2016 PGP will replace the existing permit water regulators has stated that EPA has not with stakeholder groups, stakeholder confer- that will expire at midnight on October 31, provided specific rule text, which is a funda- ences and public comments in response to 2016. mental flaw in the rulemaking proposal. Other EPA’s Request for Information. The draft 2016 PGP has the same conditions comments are that EPA’s approach could cause The proposed amendments are intended to and requirements as the 2011 PGP and would an “exponential” increase in work involving improve existing risk management plan authorize certain point source discharges from reviewing permit applications. requirements to enhance chemical safety at the application of pesticides to waters of the RMP facilities by: United States in accordance with the terms and ¥ Requiring the consideration of safer conditions described therein. EPA proposes to CLEAN WATER ACT JURISDICTION technologies and alternatives by including the issue this permit for five years in all areas of ORDER QUESTIONED BY THE ARMY assessment of Inherently Safer Technologies the country where EPA is the NPDES permit- CORPS OF ENGINEERS and Designs in the Process Hazard Assessment ting authority. EPA solicits public comment on The Army Corps of Engineers urged the ¥ Requiring third party audits and root cause all aspects of the draft 2016 PGP. Supreme Court to reject those seeking to allow analysis to identify process safety improve- This Federal Register notice describes the pre-enforcement judicial review of regulated ments for accident prevention draft 2016 PGP in general and also includes or findings as to whether particular waters are ¥ Enhancing emergency planning and specific topics about which the Agency is covered by the Clean Water Act. The issue preparedness requirements to help ensure particularly seeking comment. The fact sheet regarding the Clean Water Act jurisdiction coordination between facilities and local accompanying the permit contains supporting continues to get more complicated and we will communities documentation. EPA encourages the public to keep you informed of this in the RT Review. ¥ Strengthening emergency response read the fact sheet to better understand the planning to help ensure emergency response draft 2016 PGP. Comments on the draft 2016 NEW REGULATIONS FOR NATURAL capabilities are available to mitigate the effect PGP must be received on or before March 11, GAS TRANSMISSION PIPELINES 2016. of a chemical accident The DOT’s Pipeline and Hazardous (Environmental Resource Center Ð 2-1-16) ¥ Improving the ability of LEPCs (Local Materials Safety Administration (PHMSA) Emergency Planning Committees) and local recently announced proposed regulations to emergency response officials to better prepare CLEAN WATER CONTROVERSY update critical safety requirements for natural for emergencies both individually and with CONTINUES gas transmission pipelines. The proposed rule one another; and In late March, a three-judge panel in the would broaden the scope of safety coverage Improving access to information to help the Murray Energy, et al. v. EPA case issued a both by adding new assessment and repair public understand the risks at RMP facilities. divided ruling over who has authority to hear criteria for gas transmission pipelines, and by (Environmental Resource Center Ð 2-29-26) suits over the EPA Clean Water Act Rule. The expanding these protocols to include pipelines In addition to the explicit benefits from current issue is whether suits should be heard located in areas of medium population density, improving the RMP Program, secondary in appeals courts or in lower district courts. or “Moderate Consequence Areas,” (MCAs) benefits will result from facilities that have Georgia Industry groups whose filing called where an incident would pose risk to human been dealing with RMP since it went into for a ruling, believes that there is now a 1-1-1 life. The proposed rule provides pipeline effect in the 1990s now having to re-examine decision, causing legal confusion and leading operators with regulatory certainty, and Page 5 Vol. 24, No. 2, May 2016 FEDERAL REGULATORY UPDATES (Continued) responds to both Congressional mandates and report MAOP exceedances single transport vehicle for the purpose of outside safety recommendations. The notice of proposed rulemaking has been recycling. The proposed regulations address four transmitted to the Federal Register for publica- Employees must either be trained or given congressional mandates from the Pipeline tion. For more information on the U.S. DOT’s clear instructions on preparing the reverse Safety, Regulatory Certainty, and Job Creation efforts to improve pipeline safety and aware- logistics shipments. The instructions must Act of 2011, one GAO recommendation and ness, including details about the proposed rule, include information on how to properly classi- six NTSB recommendations, including the visit the PHMSA website at: fy, package, mark, offer, and transport reverse recommendation adopted in the wake of the http://www.phmsa.dot.gov. logistics shipments. The instructions must be San Bruno explosion that pipelines built before (Environmental Resource Center Ð 3/21/16) provided by the supplier, manufacturer, or 1970 be tested. Pipelines built before 1970 are distributor to ensure that each shipment is currently exempted from certain pipeline COAL ASH DISPOSAL RULE correctly prepared for transportation, or safety regulations because they were EPA is in talks to address both environmen- through hazardous material training. If constructed and placed into operation before talists and industry legal challenges related to instructions are provided outside the scope of pipeline safety regulations were developed. In the Coal Ash Disposal Rule. A key issue is hazardous materials training, the employer its investigation of the PG&E natural gas focused on a “loop hole” which allows facili- must identify hazardous materials subject to pipeline failure and explosion in San Bruno, ties which cap and dry out coal ash former dis- the reverse logistics rule, verify compliance CA, the National Transportation Safety Board posal sites by April 7, 2018 to avoid ground- with the appropriate conditions and limitations concluded that hydrostatic testing of grandfa- water monitoring mandates. of the rule, and ensure that employees receive thered pipelines would have likely exposed the clear instructions from the manufacturer, defective pipe that led to the pipeline failure. CHESAPEAKE BAY TMDL supplier, or distributor associated with The proposed changes provide pipeline product’s origination or destination. The Chesapeake Bay TMDL EPA strategy operators with regulatory certainty that they The clear instructions must be provided to has been challenged by a number of groups, need when making decisions and investments and accessible by employees at the time they including home builders. to improve gas transmission infrastructure, and prepare reverse logistics shipments, and the A petition submitted by the groups will not address priorities outlined as part of the employer must document that employees are be heard by the Supreme Court. In essence, Climate Action Plan to reduce methane emis- familiar with the requirements of the rule and the EPA can now work with states to craft sions. The proposed changes to gas transmis- specific return instructions for the products novel Clean Water Act TMDL strategies. sion safety regulations are expected to result in shipped. Documentation must be retained fewer incidents, which could lead to a reduc- as long as the employee is employed and 60 tion in gas released into the atmosphere as NEW RULE ON REVERSE LOGISTICS OF days thereafter. For on-site training, or the greenhouse gases (GHGs). The proposed rule HAZARDOUS MATERIALS development of clear instructions that can be is expected to result in net annual average The DOT’s Pipeline and Hazardous used as an alternative to training, contact reductions of 900-1,500 metric tons of carbon Materials Safety Administration (PHMSA) is Environmental Resource Center. dioxide and 4,600-8,100 metric tons of amending the Hazardous Materials The final rule is being posted in the Federal methane, a powerful GHG. The rule also Regulations (HMR) by adopting streamlined Register. proposes changes to the way that pipeline requirements for the safe return (reverse logis- (Environmental Resource Center Ð 3-28-16) operators secure and inspect gas transmission tics) of certain hazardous materials from a retail outlet back to a distribution or reclama- pipeline infrastructure following extreme EXAMINING OIL AND GAS SITES weather events, such as hurricanes and tion facility by highway transportation. The EPA is attempting to gather information on flooding. rule specifically excludes hazardous waste and oil and gas operations, focusing on “super In addition to the specific requirements shipments that are subject to special permits. emitters”. mentioned above, the rulemaking proposal This final rule defines reverse logistics as An announcement and Fact Sheet were would revise and strengthen federal Pipeline “the process of offering for transport or trans- issued on March 10th, indicating that the Safety Regulations by: porting by motor vehicle goods from a retail Agency is attempting to identify sources with ¥ Modifying repair criteria for pipelines store for return to its manufacturer, supplier, or high emissions and factor which cause those inside and outside of high consequence areas distribution facility for the purpose of captur- high emissions. ¥ Providing additional direction on how to ing value (e.g., to receive manufacturer’s There is also a separate proposal from the evaluate internal inspection results to identify credit), recall, replacement, recycling, or Bureau of Land Management seeking to limit anomalies similar reason” and provides provisions for the “waste” methane from oil and gas separations ¥ Clarifying requirements for conducting safe shipment of hazardous materials within on Federal Lands. This would address storage risk assessment for integrity management, the scope of this definition. The rule stream- tanks and liquids uploading. including addressing seismic risk lines the requirements shipments of limited ¥ Expanding mandatory data collection and quantities of most hazardous materials from integration requirements for integrity manage- retail stores back to suppliers. When shipped EPA TO REQUIRE REDUCED METHANE ment, including data validation and seismicity by non-private carriers, they must be marked EMISSIONS FROM THE OIL AND ¥ Requiring additional post-construction as limited quantities, or when shipped by pri- NATURAL GAS INDUSTRY quality inspections to address coating integrity vate carriers, they must be marked with either Methane, the key constituent of natural gas, and cathodic protection issues the words “REVERSE LOGISTICS – HIGH- is a potent greenhouse gas (GHG) with a ¥ Requiring new safety features for pipeline WAY TRANSPORT ONLY Ð UNDER 49 CFR global warming potential more than 25 times launchers and receivers 173.157” or as limited quantities. that of carbon dioxide. Methane is the second ¥ Requiring a systematic approach to verify This rule also expands a previously existing most prevalent GHG emitted in the United a pipeline’s maximum allowable operating exception for return shipments of lead acid States from human activity—and nearly 30% pressure (MAOP) and requiring operators to batteries from single to multiple shippers on a of those emissions come from oil production Page 6 The RT Review FEDERAL REGULATORY UPDATES (Continued) and the production, processing transmission, sources to provide information to assist in the tion that will help us determine how to and distribution of natural gas. Methane from development of comprehensive regulations to effectively reduce emissions, including infor- the oil and gas industry comes packaged with reduce methane emissions. mation such as how equipment and emissions other pollutants, including volatile organic An Information Collection Request (ICR) controls are, or can be, configured, and what compounds (VOCs) that help form harmful will enable EPA to gather important informa- installing those controls entails. smog, and a number of harmful pollutants tion on existing sources of methane emissions, EPA will also be seeking information that known as air toxics. technologies to reduce those emissions and the will help the agency identify sources with high As part of the Obama Administration’s costs of those technologies in the production, emissions and the factors that contribute to commitment to addressing air pollution and gathering, processing, and transmission and those emissions. The ICR will likely apply to climate change, EPA announced its next step in storage segments of the oil and gas sector. the same types of sources covered by the cur- reducing emissions of methane from the oil There are hundreds of thousands of existing rent and proposed New Source Performance and natural gas industry: moving to regulate oil and gas sources across the country; some Standards for the oil and gas sector, as well as emissions from existing sources. The agency emit small amounts of methane, but others additional sources. will begin with a formal process to require emit very large quantities. Through the ICR, (Environmental Resource Center Ð 3-14-16) companies operating existing oil and gas EPA will be seeking a broad range of informa-

EPA RESTRICTS USE OF TCE After an EPA’s assessment of trichloroethylene or TCE showed framers, graphic designers and printers to provide a water risk, the sole manufacturer of a fixative product using TCE repellant and protective finish. voluntarily withdrew it from the marketplace. EPA is now taking EPA’s June 2014 Work Plan Chemical Risk Assessment for action to ensure no other manufacturers, including importers, TCE identified health risks associated with several TCE uses, enter the marketplace before EPA has the opportunity to prohibit including the arts and craft spray fixative use, aerosol and vapor or limit these uses. degreasing, and as a spotting agent in dry cleaning facilities. In “EPA commends PLZ Aeroscience Corporation for removing 2015, EPA worked with the only U.S. manufacturer of the TCE TCE from its arts and crafts spray fixative product,” said Jim Jones, spray fixative product, PLZ Aeroscience Corporation of Addison, assistant administrator for the office of chemical safety and pollu- Illinois, resulting in an agreement to stop production of the TCE tion prevention. “EPA is putting into place a level playing field to containing product and to reformulate the product with an alter- ensure importers and domestic manufacturers do not nate chemical. re-enter the marketplace before EPA has an opportunity to A few current uses of TCE, such as use in cleaners and solvent review.” degreasers, film cleaners, lubricants, mirror edge sealants, and In a separate regulatory action under the Toxic Substances pepper spray, are not subject to the final rule. Control Act, EPA aims to reduce the risks from TCE in aerosol This final rule is effective 60 days after the date of publication and vapor degreasing and as a spot cleaner in dry cleaning facili- in the Federal Register. Once published, the publication can be ties. found in the Federal Register docket at : The recent rule, known as a Significant New Use Rule (SNUR), http://www.regulations.gov by searching for EPA-HQ-OPPT- requires anyone intending to initiate manufacture, including the 2014-0697. import or processing of TCE for new uses to notify EPA at least A pre-publication copy of the final rule and more information 90 days before doing so. The notification will allow EPA to can be found at: https://www.epa.gov/assessing-and-managing- evaluate the intended use and to take appropriate action. chemicals-under-tsca/trichloroethylene-tce. The TCE spray fixative product was used by artists, picture (Environmental Resource Center Ð 4-11-16)

EPA ISSUES CONCERNS ON NEW JERSEY’S STORMWATER MANAGEMENT PLAN The New Jersey Department of Environmental Protection has Act because they would effectively reduce or eliminate riparian rules which would change the State’s Coastal Management buffers. A Resolution regard the Rulemaking passed the State Rules, Stormwater Management Rules and Flood Hazard Area Senate and the Assembly’s Environmental Committee voted Control Rules. The State believes that changes will help five to zero to advance the Bill in December. EPA appears to streamline permitting and bring predictability to environmental have an inconsistent position on the Rules, in one instance indi- regulations. One change would allow stormwater discharges cating that after discussions with DEP that there are few con- within 300 feet of a riparian zone if the applicant can show that cerns, but then later a letter was issued to State Senator stormwater discharges outside the riparian zone would result in Raymond Lesniak indicating that there still are significant greater erosion or other environmental impacts. However, EPA, zones. Environmentalists and some New Jersey Legislators believe the We will keep you informed on this issue as Rulemaking is proposal violates anti-backsliding provisions of the Clean Water expected to continue in 2016.

Page 7 Vol. 24, No. 2, May 2016 PA UPDATES

PENNSYLVANIA TV RECYCLING be found below. PA UPDATES OPERATIONS SHRINK www.elibrary.dep.state.pa.us/dsweb/Get/Docu ¥ TV Recycling, pg. 8 The Pennsylvania Resource Council has ment-106429/5600-PM-BMP... ¥ Biosolids in PA, pg. 8 indicated that according to their facts and ¥ Use of Explosilves, pg. 8 figures, TVs brought in for recycling are no HANDLING AND USE OF EXPLOSIVES IN PENNSYLVANIA longer accepted at many electronics recycling concern resources in Pennsylvania. Effective locations. Six facilities announced that they Regulations in Pennsylvania have recently immediately, a new tool is being used, which is were no longer accepting TVs, including five been revised to address the use of explosives called the Pennsylvania Conservation Explorer counties around Philadelphia. Additionally, for seismic exploration. There had been dif- (PACE), which is an ArcGIS server-based Best Buy, which is a larger retailer of ferent types of regulations in effect, depending interactive mapping application that combines consumer electronics and has 37 Pennsylvania on what the exploration was to be conducted conservation planning and the former PNDI locations, also stopped accepting TVs for for (for example, mining or for construction). environmental review. recycling citing excessive costs. For your information: If the new tool is used, there is a $40 charge, The expected life of a television is five to The Environmental Quality Board (EQB) for the receipt of the evaluation. However, for seven years and unfortunately, the frequent published the above-referenced regulation in those who do not have access to a computer or outcome of such reduced recycling options is the Pennsylvania Bulletin on February 27, those who do not wish to use the PNDI Receipt for materials to be placed in trash cans which 2016. system, may submit requests directly to the are frequently emptied without a visible indi- The proposed regulation is available on the DCNR, the Game Commission, the Fish and cation of the contents of the trash container. Pennsylvania Bulletin Website at the following Boat Commission and the United States Fish Under the 2010 Recovery Device Recycling link. and Wildlife Service. Law, electronics manufacturers are required to http://www.pabulletin.com/secure/data/vol46/ The DCNR states in their “Policy for the pay for a specific amount of recycling waste 46-9/index.html Imposition of Fees for PNDI Receipts electronics. Through the success of the The proposed regulation is also available at Generated Through the PA Conservation electronic waste recycling programs, the the following link. Explorer” in the PA Bulletin, on September collection of E-waste volume exceeded many http://www.irrc.state.pa.us/regulations/RegSrc 19th 2015 (45 Pa. B. 5688), that there are more times than the law required electronics hRslts.cfm?ID=3149 exemptions available to the $40 fee. The manufacturers to pay for recycling. PENNSYLVANIA RULING AIDS exemptions apply to federal, state, and local House legislation is proposed to revamp the government agencies that are utilizing the pro- 2010 Recovery Device Recycling Wall such LEGAL CERTAINTY FOR BIOSOLIDS LAND APPLICATION gram for normal day activities. Additionally, that electronics manufacturers pay for signifi- the DCNR allows the fourteen universities of cantly more of the costs associated with the A late December ruling by the Pennsylvania the Pennsylvania System of Higher Education actual volume collected waste electronics Supreme Court found that biosolids applica- or the state-related universities (i.e. Penn State, materials. tion fits into “Normal Farming”, in states University of Pittsburgh, etc.) -Craig Herr, P.G. which have right to farm laws. [email protected] The ruling was unanimous in Gilbert vs. This new tool will help organizations better 610-952-3730 Synagro as there was a nuisance suit that plan for conservation of habitats that fall biosolids recyclers damage properties. The within their planned project. PACE will visibly PADEP BUREAU OF MINING UPDATES suit was brought by 24 landowners in York show the user the approximate location of a PRE-APPLICATION LIST County, Pennsylvania. The Court said that habitat that needs to be protected. Previously, the PNDI environmental review only had The Pennsylvania Department of land application projects are “normal agricul- tural operations,” and nuisance claims are not federal or state agencies notify the user of a Environmental Protection updated its Pre- potential issue without depicting the approxi- Application Review List, and the Bureau possible where the right to farm laws are in effect. mate location of the issue. With the location of stresses the importance of Pre-Application the habitat depicted on a map within the meetings at DEP when any major modifica- proposed project, users will be able to more tions or New Permit Applications are submit- PA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES efficiently plan and adjust their projects to ted for surface mines. keep them on the desired timelines. As many surface mines have original per- UPDATE – PNDI SEARCHES mits which are dated, discussing with DEP The Pennsylvania National Diversity For more information, you can contact what needs to be submitted for a major permit Inventory (PNDI) is used to search for poten- Chris Blosenski at 724-674-9089 or by application or for an expanded new surface tial impacts to threatened, endangered and e-mail at: mine is important. A link to the Checklist can special concerns species, as well as special [email protected]

WEST VIRGINIA COAL TMDL The West Virginia Coal Association is challenging the TMDL appropriate impairment limits unless there are specific pollutants process by stating that environmental organizations forcing involved. TMDL issues over a measure of toxicity (conductivity) associat- There are complicated issues involving prioritization of ed with mining surfacewater quality lacks a legal trigger. West TMDLs, but it appears that using “conductivity,” which is an Virginia itself punted on listing impaired waters for conductivity indicator and not a specific pollutant from a water quality stand- because it believes that a TMDL has to identify specific pollu- point, may have been a mistake. tants causing the impairment; and that it is not possible to set

Page 8 The RT Review NJ UPDATES BALD EAGLE POPULATION IN NJDEP modified the cleanup criterion for per- NJ UPDATES NEW JERSEY CONTINUES TO THRIVE fluorononanoic acid (PFA) based on a problem ¥ Mold Legislation, pg. 9 Bald Eagles, which are known as the species found at a Southern New Jersey plant where ¥ Dioxane and PFA Cleanup Levels, pg. 9 Raptors, are continuing to thrive in New impacted groundwater was found leaving a site ¥ LSRP Board - New Regulations, pg. 9 Jersey. A non-profit group, Conserve Wildlife where the compound used in manufacturing. Foundation of New Jersey, released informa- DEP finds the compound “extremely persis- through their online portal. The effective date tion on 2015 populations and there are a tent” in the environment. Notices by the for this change was on April 3, 2016. reported 161 pairs of Bald Eagles counted. In company that owns the manufacturing plant the early 1980s, about two decades after reduc- have been given to nearby groundwater users. IMPLEMENTATION OF NOVEMBER 25, tion of widespread use of DDT, there was only (Inside EPA Ð 12-14-15) 2015 INTERIM GROUNDWATER a single counted nest. According to David QUALITY STANDARDS NEW JERSEY CONSIDERS MOLD Wheeler, Conserve Wildlife Foundation NJDEP has issued responses to frequently LEGISLATION Executive Director, the ongoing dramatic asked questions regarding a number of com- recovery of Bald Eagles is inspiring many A new Bill, A381, has been introduced in pounds which have interim groundwater stan- biologists who keep an eye on the countings. the current session of the New Jersey dards. Compounds which are involved Thirteen new Eagle pairs were found in the Legislature, which is supposed to establish include: most recent season Ð nine in , two procedures for inspection of an abatement of in Central Jersey and two in North Jersey. The mold hazards in residential buildings and Delaware Bay Region remained the State’s school facilities. There would be certification CONTAMINANTS (No Prior Ground Eagle stronghold, with 40% of all nests locat- programs for both mold inspectors and mold Water Quality Standard) ed in Cumberland and Salem Counties. hazard abatement workers. 1-Chloro-1,1-difluoroethane The Federal Government removed the Bald Previous mold legislation in 2014 in New Cresols (mixed isomers) Eagle from its list of Endangered Species in Jersey was conditionally vetoed by Governor 1,1-Dichloro-1-fluoroethane 2007, but New Jersey considers Bald Eagles to Christie. 1-Methylnaphthalene be State Endangered during the breeding Perfluorononanoic acid (PFNA) season, and State Threatened during the NEW REGULATIONS – NEW JERSEY Strontium non-breeding season. SITE REMEDIATION PROFESSIONAL 1,1,2?Trichloro-1,2,2?trifluoroethane (Freon The New Jersey Department of LICENSING BOARD 113) Environmental Protection Division of Fish and The Site Remediation Professional Tri?cresyl phosphate (mixed isomers) Wildlife Endangered and Nongame Species Licensing Board issued regulations in January 1,1,1-Trifluoroethane program leads Eagle recovery efforts in New which, in part, regulate the conduct of 1,2,4?Trimethylbenzene Jersey. The Program started in the 1980s. The Licensed Site Remediation Professionals. Tri?ortho?cresyl phosphate State’s Eagle population would not be thriving Copies of both the Adoption document and without the efforts of dedicated Eagle volun- the new rules are available on the Board's web CONTAMINANT (Prior Standard - Order teers who observe nests, report sightings and site at: of Magnitude Change) help protect critical habitat. http://www.nj.gov/lsrpboard/board/rules/. 1,4-Dioxane (South Jersey Times Ð 1-17-16) The Adoption document includes the Board's The NJDEP has responded to such questions as response to comments received on the January if compounds are found for the first time, will NEW JERSEY LOWERS DIOXANE 5, 2015 rule proposal. there be extensions of dates for completing AND PFA CLEANUP LEVELS delineation and/or remediation?...How will New Jersey revised its groundwater criteria USE OF ONLINE PORTAL FOR certifications of laboratories be affected?...Are for 1,4 Ð dioxane to 0.01 parts per billion. SUBMITTAL OF REMEDIAL all compounds involved included in the DEP set an interim groundwater criterion at INVESTIGATION REPORTS TCL/TAL list? that level because it considers the compound NJDEP now requires that Remedial Contact Chris Ward at 856-467-2276, carcinogenic. In another recent revision, Investigation Reports only be submitted should you have any questions.

COMPANIES CHALLENGE EPA’S DEFINITION OF SOLID WASTE RULE In a Petition filed by the American Petroleum Institute and others last A fundamental tenet of the challenge is that EPA is attempting to reg- December, a number of companies and the American Petroleum ulate materials that have not even been discarded. Institute challenged a number of fundamental aspects of EPA’s Rule It is also stated that EPA lacks a “record basis” that it must meet, as regarding the disposal of solid waste. Among other issues the compa- the EPA’s proposed definition of Solid Waste Rule revisions do not fit nies believe that factors EPA cited in the Recycling Rules unlawfully together with over 20 rules issued previously. Lastly, the companies regulate non-discarded materials that are central to the manufacturing believe that EPA’s Rulemaking is especially burdensome, in many process. It is also indicated that industry believes EPA cannot declare instances infeasible to comply with, and undeniably invasive of the material to be “discarded” on the basis of non-comparable constituent manufacturing operation. levels unless the materials involved were adulterated. We will keep you informed of this important challenge.

PA DEP - RATES TO BE USED TO CALCULATE BOND AMOUNTS FOR MINING WATER REPLACEMENT The Pennsylvania Department of Environmental Protection recently The announcement on the new Guidance was printed in the announced rates that are to be used to calculate bond amounts for water Pennsylvania Bulletin on March 5, 2016, and the Guidance Document is replacement. Inflation factors were applied and DEP calculated the rate number 562-4000-102. The rates to be used are effective now. of inflation rate of return using five year averages.

Page 9 Vol. 24, No. 2, May 2016 TECHNOLOGY UPDATES

NEW YORK STATE CONSIDERS MAJOR alternate, beneficial manner. Under the pro- OVERHAUL OF SOLID WASTE RULES posed rules, DEC is promoting additional TECHNOLOGY UPDATES New York’s Governor recently announced a pre-determined BUDs for recyclable materials, ¥ Silica Dust Exposure, pg. 10 planned overhaul of the State’s Solid Waste compost, and construction and demolition ¥ Reducing Waste, pg. 10 Regulations. The Regulatory Program was (C&D) debris, which would permit certain uses the first iteration of Part 360 appearing in 1988. originally authorized in 1973, and the New of these materials without further departmental (ECL 27-0701, legislative history.) In pursuit York Department of Environmental approval. For example, the new rules permit of more efficient and more broadly applicable Conservation will look at experience-based the use of C&D debris as fill material without rules, the regulations under Parts 360, 364, and changes and expansion of options for reuse of requiring a case specific determination to be 369 have been amended in a piecemeal fashion fill and other material. made. The rules have also added new case-spe- over the course of the last two decades. With cific BUD standards for the use of produced With respect to beneficial use determina- each additional amendment—eleven since 1993 brine water—a byproduct of oil and gas tions: in the case of Part 360—the rules themselves drilling—as an ice and dust control measure. To further their goal of prioritizing reuse, became more muddled. This has resulted in a recycling, and other forms of resource recovery, The most apparent change brought by the highly complicated and convoluted regulatory DEC has also promulgated new criteria for proposed rules is their attempt to comprehen- regime, with numerous definitions sections, Beneficial Use Determinations (“BUD”) as part sively reorganize the regulations of solid waste cross-references to sections that have since of their rule proposal. BUDs—both predeter- facilities and transporters. The legislature first been repealed, and some provisions that mined and case specific—eliminate regulatory authorized DEC to produce rules for the man- directly contradicted each other. jurisdiction over waste materials used for an agement of solid waste facilities in 1973, with (E2 Law Blog Ð 3-11-16) OSHA ISSUES CONTROVERSIAL FINAL RULE ON SILICA DUST EXPOSURE The Occupational Safety & Health Administration (OSHA) finally lance. There are also requirements for hazard communication, training and issued its final rule for occupational exposure to respirable crystalline sili- recordkeeping. ca this morning. The final rule has two standards, one for general industry Shortly after OSHA announced the proposed rule back in 2013, a group and maritime and the other for construction, as expected. The proposed rule of 11 national construction industry trade organizations announced the was issued back in September 2013. There have been quite a few changes formation of the Construction Industry Safety Coalition in order to oppose made to the final rule from what was proposed two and a half years ago. the proposed rule. The coalition quickly grew to 25 organizations and Silica, also known as silicon dioxide, is a chemical compound that occurs includes the Associated Builders and Contractors (ABC), Associated in nature as a basic component of sand and quartz. Respirable crystalline is General Contractors (AGC), American Road and Transportation Builders created during work operations involving stone, rock, concrete, brick, Association (ARTBA), International Council of Employers of Bricklayers block, mortar and industrial sand. The current rule, put in place in 1971, set and Allied Craftworkers (ICE) and the Mason Contractors Association of permissible exposure limits (PELs) for crystalline silica in general industry, America (MCAA) among its membership. construction and shipyards. OSHA claims these levels are outdated, incon- In March 2015, the CISC found that OSHA may have underestimated the sistent between industries and do not adequately protect worker health. cost to implement the new rule. According to the CISC, the new rule will Inhalation of crystalline silica dust can lead to bronchitis, silicosis and cost the construction industry $4.9 billion per year. OSHA’s initial lung cancer. Silicosis is an occupational lung disease that can cause scar- estimates had the annual costs to implement the new rule at $637 million ring of the upper lobes of the lung, inflammation and fluid buildup. There annually. With the release of the final rule, OSHA now estimates it will cost is no cure for silicosis as it is an irreversible condition however treatment about $1.03 billion annually. is available to improve lung function and reduce inflammation. Sufferers of The final rule was expected to be published in the Federal Register on silicosis also have a higher susceptibility to contracting tuberculosis. March 25th. The new rule will go into effect 90 days after being published. The final rule reduces the current PEL of respirable crystalline silica Compliance with all provisions of the new rule will begin one year after it from 250 micrograms per cubic meter of air (Ìg/m3) averaged over an goes into effect with the exception of certain requirements for laboratory 8-hour period down to 50 Ìg/m3. OSHA claims the new rule will save the analysis which will be two years after the rule goes into effect. lives of 642 employees and prevent 918 cases of moderate-to-sever silico- Posted on March 24, 2016 by Kendall Jones in Construction News sis a year across all industries. It’s estimated that approximately 2.0 million For the asphalt and paving industry, the National Asphalt Pavement construction workers will be affected by the final rule. Association (NAPA) recognized that roadway milling operations have the In the proposed rule, the construction standard laid out engineering and potential to create silica-laden dust, and NAPA has worked for more than a work practice control methods for 13 specific tasks that could be used to decade with Industry to devise engineering solutions that would control avoid having to monitor the air for silica levels. In the final rule, those 13 these emissions. tasks have been expanded to 18 and also includes any required respiratory Through its hard work, the Asphalt/Silica Milling Machine Partnership protection and minimum assigned protection factors. OSHA has acknowl- developed efficient solutions to this potential hazard. OSHA recognized the edged that conducting exposure assessments can be burdensome which is effectiveness of these engineering controls by specifying their use in Table why they are emphasizing the use control methods as opposed to the alter- 1 of the standard. Many newer existing milling machines already have these native exposure control methods which would require either a performance controls in place, and manufacturers have pledged to have them on all half- option or a scheduled monitoring option. As long as employers fully and lane and larger mills starting in January 2017. In addition, retrofits will be properly implement the prescribed controls, they won’t have to demonstrate made available for many older model milling machines. compliance with the PEL since those controls provide an equivalent level NAPA has developed an interim guidance to provide an overview of the of protection. rule and identifies how OSHA-approved equipment controls can be used to Other requirements in the construction standard include having a written comply with some aspects of the rule. For asphalt pavement road con- exposure control plan that will be implemented by a competent person who struction activities where OSHA has not identified specific controls, the will conduct regular and frequent inspection of jobsites, materials and guidance provides additional information that will assist companies with equipment. The standard covers all occupational exposures to respirable their compliance efforts. crystalline silica in construction work where the action level will be met. A link to the NAPA interim Guidance is below: The action level is 25 Ìg/m3 as a time-weighted average of 8 hours under http://www.asphaltpavement.org/PDFs/EH&S/Silica-Rule-interim foreseeable conditions. As with all other Personal Protective Equipment guidance-20160404.pdf (PPE), employers are required to provide appropriate respirators to employ- Walter Hungarter at RT Environmental Services, Inc. will be following ees when they are required to use them. Employees who use a respirator for this further and working with the Pennsylvania Asphalt Pavement 30 or more days a year are entitled to employer-provided medical surveil- Association Members as the Rule becomes effective.

Page 10 The RT Review

FEDERAL REGISTER NOTICES http://www.federalregister.gov

Notice - Recommended Aquatic Life Ambient Water Quality Criteria for Cadmium - 2016 (Federal Register Ð 4/4/16) Notice Ð Aquashade, Nithiazine, d-limonene, and 2H-Cyclopent(d)isothiazol-3(4H)-one, 5,6-dihydro-2-methyl-(MTI) Registration Review Interim Decisions; Notice of Availability (Federal Register Ð 4-20-16) Notice Ð 2-(Decylthio) Ethanamine Hydrochloride, Aliphatic Alcohols C1-C5, Bentazon, Propoxur, Propoxycarbazone-sodium, Sodium Acifluoren, Thidiazuron; Registration Review Proposed Interim Decisions; Notice of Availability (Federal Register Ð 4/21/16) Final Rule Ð Air Quality Plans; North Carolina; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard (Federal Register Ð 4/26/16) Proposed Rule Ð Air Plan Approval and Air Quality Designation; TN; Redesignation of the Sullivan County Lead Nonattainment Area to Attainment (Federal Register Ð 4/26/16)

PENNSYLVANIA BULLETIN NOTICES 12/19/15 Ð Department of Environmental Protection published notice of Final Technical Guidance on the Use of Reclamation Fill at Active Noncoal Sites and notice of coal mining reclamation fees for 2016. 1/23/16 Ð The Fish and Boat Commission published notice of additions and revisions to the list of Wild Trout Streams and Class A Wild Trout Waters. 3/5/16 Ð Department of Environmental Protection published notice of no change in the 2016 anthracite and bituminous surface mine reclamation bond rate guidelines (page 1280) and notice of bonding rates for water supply replacement. 3/19/16 Ð Department of Environmental Protection published notice of final technical guidance on Permit Transfers for Coal and Noncoal Operators. Questions regarding this technical guidance document should be directed to Greg Greenfield, 717-787-3174 or send email to: [email protected]. 3/26/16 Ð The Department of Environmental Protection published notice of extensions for general permits on the Beneficial Use of Biosolids by Land Applications (PAG-08), Beneficial Use of Exceptional Quality Biosolids by Land Application (PAG-07) and Beneficial Use of Residential Septage by Land Application (PAG-09). 4/9/16 Ð Department of Environmental Protection published notice of the reissuance of the NPDES General Permit for Stormwater Associated with Mining Activities (BMP GP-104). 4/23/16 Ð Department of Environmental Protection published notice it will not proceed with proposed modifications to the General Permit BWEW- GP-8 related to Temporary Road Crossings and the existing General Permit will remain in effect.

SCOPE OF SERVICES ENVIRONMENTAL SURVEYS INDOOR AIR QUALITY: ¥ Waste Minimization Phase I & II Environmental Site Assessments ¥ Baseline Assessments ¥ Soil Testing ¥ Field Investigations ¥ Mold Investigations ¥ Geotechnical Engineering ¥ Computer Regulatory Database Checking ¥ IAQ Management Programs ¥ Superfund Project Management ¥ Field Analytical Testing (Volatiles, Metals, PCB's, ¥ Mold Remediation ¥ Expert Witness Testimony Gasoline, and Oil Compounds) REMEDIATION: AIR EMISSIONS: ¥ Remedial Action Plans ¥ Emissions Permitting and Inventories ¥ Asbestos Testing & Abatement ¥ Groundwater Recovery/Treatment ¥ Lead-Based Paint Testing & Abatement ¥ Waste/Soil Excavation ¥ Emissions Testing ¥ Feasibility Studies ¥ Vapor Extraction ¥ Odor Control Studies ¥ Storm Water Management ¥ Bioremediation ¥ Dispersion Modelling BROWNFIELDS/LAND RECYCLING: ¥ Liquid and Vapor Phase Carbon Treatment PROCESSING FACILITIES: ¥ Thermal Oxidation ¥ Reuse Plans ¥ Transfer Stations ¥ PCB Remediation ¥ Thermal Desorption ¥ Recycling Facilities ¥ Risk Assessment ¥ Tank Removals/Lagoon Closures ¥ Industrial Metal Processing ¥ Capping/Paving LANDFILLS: ¥ Residual Waste Planning Compliance ¥ Bioremediation ¥ Design & Permitting CONCEPT THROUGH START-UP: ¥ Natural Attenuation ¥ Gas Recovery Systems ¥ Design and Project Management OIL & GAS SERVICE: ¥ Truck Wash Facilities ¥ Permitting ¥ Drill Pad Inspections ¥ Leachate Collection/Treatment ¥ Construction and Construction QA/QC ¥ Spill Prevention Control and Counter ¥ Cap, Cover and Slurry Walls ¥ Start-up Operations Services Measure Plans OTHER SERVICES: ¥ Operations and Maintenance ¥ Release Response Act 2 Cleanups ¥ Training Programs ¥ Permits ¥ Contingency Plans ¥ Erosion and Sediment Control Plan ¥ Source Reduction

Page 11 . . . SS PAID II EE Permit #159 U.S.Postage HH Lehigh Valley, PA Lehigh Valley, UU PRSRT STD BUFFERS TT SS T Page 3 Page 8 Page 8 Page 9 Page 1 Page 3 SS II OLD ONES NN BIG PROJECT II A (800) 725-0593 SMAR ASSAIC RIVER REMEDY W VA COAL TMDL PA PNDI SEARCHES NJ - BALD EAGLES THRIVE RT’S 24-HOUR URGENTRT’S 24-HOUR HOTLINE RRWHAT . . . TIES TO DO WITH THE ± LOWER P [email protected] [email protected] [email protected] Page 12 AL PATEL Mold Legislation, pg. 9 Dioxane & PFA Cleanup Levels, pg. 9 LSRP New Regulations, pg. 9 Board - Silica Dust Exposure, pg. 10 pg. 10 Waste, Reducing API and EPA pg. 4 Square Off, Oil and Gas “Sugar Emitters”, pg. 6 66 JUSTIN LAUTERBACH [email protected] VICTORIA JONESJOHN LYDZINSKICHRISTINE MILLER [email protected] SEJ JULIAN POZZI [email protected] MARIA [email protected] SCUDDERJAMES SIERACKICHRIS WARD LOUISE MANCUSO WOLF [email protected] [email protected] [email protected] ¥ ¥ ¥ ¥ ¥ ¥ ¥ .COM NJ UPDATES TECHNOLOGY UPDATES RT ENERGY NEWS 00 44 .. 99 cc 1 1 nn . RTENV I aa I ii , nn ss, aa ee WWW vv VISITWEBSITE OUR cc ll ii dd y vv aa ssy rr oo ee nn KEY HIGHLIGHTS S n R S R ll een RT E-MAIL DIRECTORY hh a P tta cc P ,, rr nn aa uu e i [email protected] [email protected] si hh sss mme C uu nn C rr t oo sst P rr ii P ee f vv of nn W o ar Sealants, pg. 4 W EE gg 55 nn Degradation Rules, pg. 4 ii 11 22 KK RT RT Use of Explosives, pg. 8 TV pg. 8 Recycling, pg. 8 Biosolids in PA, FL pg. 4 MS-4 General Permit Controversy, TCE Use Restriction, pg. 7 Coal T HRISTINE CONFER [email protected] ¥ ¥ ¥ ¥ ¥ ¥ ¥ CRAIG HERR WALTER HUNGARTER [email protected] TONY ALESSANDRINILARRY BILYJENNIFER BERG [email protected] CHRISTOPHER BLOSENSKIGARY BROWN [email protected] LORELEI CARR [email protected] C [email protected] KEN EDEN GLENNON GRAHAM [email protected] [email protected] [email protected] PA UPDATES FEDERAL UPDATES