Audit, Compliance and Risk Blog

EPA Proposes to Rescind Last Administration’s Long-Delayed Accidental Release Prevention Revisions

Posted by Jon Elliott on Tue, Jul 17, 2018

In the last week before President Obama left office, the Environmental Protection Agency (EPA) completed a multi-year review of its Accidental Release Prevention (ARP) program for toxic catastrophe prevention, and adopted significant expansions of ARP requirements (I wrote about them here). EPA proposed ARP revisions in March 2016 (I blogged about them here). Then, when President Trump took office, EPA reversed course, repeatedly deferring the effective date of those revisions while the agency reviewed them. In May 2018 EPA completed its review, and published a proposal in the Federal Register to rescind almost all these expansions and return ARP requirement to those in place before 2017. EPA also included an alternative proposal that retained a few more elements, and requested public comment on both versions no later than July 30, 2018.

Read More

Tags: OSHA, Environmental risks, Environmental, EPA, Greenhouse Gas, ghg, Hazcom, effluent, mact

EPA Repeals Vacated Secondary Waste Management Rules

Posted by Jon Elliott on Tue, Jul 10, 2018

On May 30, the Environmental Protection Agency (EPA) repealed a number of regulations governing recycling of secondary materials, which EPA adopted as parts of a major rulemaking effective July 2015, but which were rejected by a federal court in decisions issued in July 2017 and March 2018. These rules apply the Resource Conservation and Recovery Act (RCRA) by creating exemptions from the “Definition of Solid Waste” to define a number of potentially hazardous wastes as “hazardous secondary materials”, and to establish special rules to allow generators and qualified third parties to recycle and recover qualifying materials. (I summarized the larger 2015 rules here). The remainder of this note identifies EPA’s latest changes.

Read More

Tags: Environmental risks, Environmental, Hazcom, RCRA

Upcycling:  Creativity Reigns the Recycling Box

Posted by Jane Dunne on Thu, May 24, 2018

Many of the items that make their way into your home are designed with only one purpose in mind.  After you’ve opened up a bottle of champagne, the cage and cork become destined for the landfill.  Once you’ve eaten all of the fruit out of the colourful plastic mesh bag, it can’t be recycled and it’s pushed into the trash bin.  You can sit around getting blue about all the waste that abounds or you can do what I do and give those items a second chance at life.

Read More

Tags: Business & Legal, Environmental risks, Environmental, Hazcom, climate change, sustainability

Universal Wastes - EPA Proposes to Add Aerosol Cans

Posted by Jon Elliott on Tue, May 01, 2018

The Resource Conservation and Recovery Act (RCRA) assigns the US Environmental Protection Agency (EPA) to define and then regulate “hazardous wastes.” RCRA provides EPA considerable discretion, and one way the agency applies that discretion is by separating hazardous wastes into a variety of categories that are subject to distinct waste management requirements. One basis for these categorizations is relative risk – the more hazardous the waste the greater the controls required, and the smaller the threshold quantities necessary to trigger regulation. Beginning in 1995, EPA has defined a limited set of lower-risk wastes as “universal wastes” subject to special rules intended to encourage recycling (40 CFR part 273). In March 2018, EPA proposed to add aerosol cans. The rest of this note summarizes universal waste requirements, and how EPA is proposing to apply them to aerosol cans.

Read More

Tags: Environmental risks, Environmental, EPA, Hazcom

Striking a New Pose: Sustainability in Fashion

Posted by Jane Dunne on Thu, Apr 19, 2018

A lot of time is spent shopping for the right look and for fashion that will flatter or get attention, but are we spending our dollars wisely to make sure that the clothes we wear today will not damage the environment in other parts of the world or in our own backyards tomorrow?

Read More

Tags: Environmental risks, Environmental, Hazcom, sustainability, corporate social responsibility

EPA Issues Annual Chemical Review Plan Under the 2016 Amendments to TSCA

Posted by Jon Elliott on Tue, Mar 13, 2018

The Environmental Protection Agency (EPA) has published its second Annual Plan for Chemical Risk Evaluations. These evaluation workplans are required by the 2016 Lautenberg Act amendments to the Toxic Substances Control Act (TSCA), as an expansion of EPA’s long-criticized efforts to evaluate existing chemicals for potential health and safety hazards. This new Annual Plan updates EPA’s efforts since 2016, and continues to formalize procedures.

Read More

Tags: Environmental risks, Environmental, EPA, Hazcom, tsca

EPA’s Latest National TRI Inventory Shows Continuing Reductions in Releases

Posted by Jon Elliott on Thu, Mar 08, 2018

The US Environmental Protection Agency (EPA) requires selected facilities to file Toxic Release Inventory (TRI) reports on either Form R or Form A, electronically to EPA and their state every July 1. These TRI reports are mandated by Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA; also known as SARA Title III since it was enacted as part of the Superfund Amendments and Reauthorization Act of 1986). (I summarized TRI reporting requirements here).

Read More

Tags: Environmental risks, Environmental, EPA, Hazcom

EPA is Expanding Mercury Reporting Requirements

Posted by Jon Elliott on Tue, Jan 30, 2018

On June 22, 2016 President Obama signed the “Frank R. Lautenberg Chemical Safety for the 21st Century Act,” revising the Toxic Substances Control Act (TSCA) TSCA extensively. I’ve written about the major programmatic changes here, here, and here. In addition to those Big Picture changes however, the 2016 Amendments provide a number of targeted revisions.

Read More

Tags: Health & Safety, Environmental risks, Environmental, Hazcom, tsca

California’s New Cleaning Products Right to Know Act – A First Look

Posted by Jon Elliott on Tue, Jan 16, 2018

Does your employer’s Hazard Communication program pay attention to cleaning agents used in the workplace – bleaches, disinfectants, glass cleaners, etc? If it does more than mention their existence and note that they’re probably corrosive and maybe toxic, you’re almost certainly in the minority. In most workplaces, workers who use cleaners are exposed to undisclosed or unexplained chemical hazards. And even if your organization’s employees do receive this information, does your employer contract out janitorial and other service work without ensuring that those night janitors are fully trained and protected?

Read More

Tags: Business & Legal, Employer Best Practices, Employee Rights, Environmental risks, Environmental, Hazcom

You May Be Getting More Labeling Information Soon

Posted by Jon Elliott on Tue, Oct 03, 2017

One of California’s longstanding amplifications of national environmental health and safety (EH&S) programs is provided by “Proposition 65.” I summarized these provisions here. As I described, the main thrust of this 1986 state enactment is to provide warnings about potentially hazardous chemicals, to customers, workers, and other “potentially exposed individuals." Prop 65 provides sample texts for warnings, including “safe harbor” text for product labels and in-store signage. After 30 years, the state is revising these safe harbors to be more informative. Revised safe harbor text became available for use August 30, 2016 and replace their expiring predecessors on August 30, 2018. Since we’re half way through this two year transition, it’s a good time to review.

Read More

Tags: Health & Safety, OSHA, California Legislation, Environmental risks, Environmental, Hazcom