Audit, Compliance and Risk Blog

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.

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

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).

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Tags: EPA, Hazcom, Environmental, Environmental risks

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.

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

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

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.

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

What’s In Your Janitor’s Closet? New York Seeks More Information

Posted by Jon Elliott on Tue, Aug 22, 2017

Even workplaces with very limited chemical use probably use cleaning supplies. If these supplies are bought in typical retail packaging intended for consumer use, the employer and employees may lack ready access to chemical content information beyond that on the labels. That’s because the Hazard Communication Standard (Hazcom) administered by the U.S. Occupational Safety and Health Administration (OSHA) exempts consumer products in their final form for consumer use, unless worker use is greater than that by typical consumers.

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

EPA’s “Back-to-Basics” Agenda

Posted by Jon Elliott on Tue, May 09, 2017

EPA Administrator Scott Pruitt has been on a tour to publicize his efforts to get EPA “back-to-basics.” He launched the tour with a visit to a Pennsylvania coal mine in April. The agency issued a press release about that visit, which also summarized its “Back-to-Basics Agenda.” The press release summarizes the Agenda as “Protecting the environment; engaging with state, local and tribal partners; and creating sensible regulations that enhance economic growth.” The Agenda provides a convenient rhetorical framework for the new Administrator’s efforts to re-boot EPA’s activities.

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Tags: EPA, Environmental, Environmental risks, climate change, ghg, Greenhouse Gas, Oil & Gas, clean water, Hazcom, tsca

Trump Proposes To De-Fund Chemical Safety Board

Posted by Jon Elliott on Tue, Apr 18, 2017

On March 16, President Trump released his initial budget proposal for the 2018 federal Fiscal Year. Among its many provisions is a proposal to zero out budgeting for the Chemical Safety and Hazard Investigation Board (more often referred to as the Chemical Safety Board or CSB).

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Tags: Hazcom, EPA, Environmental, Environmental risks

President Trump Orders Review of “Waters of the United States”

Posted by Jon Elliott on Tue, Apr 11, 2017

On February 28, President Trump issued Executive Order (EO) Number 13778, ordering the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) to review their current regulatory definitions of “waters of the United States” – sometimes called “navigable waters.” (I blogged about this definition here). The EO strongly points toward a narrower definition that would reduce the agencies’ jurisdiction, reversing rules issued in 2015 during President Obama’s administration.

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Tags: EPA, Environmental, Environmental risks, effluent, clean water, Hazcom

EPA Revises Accidental Release Prevention Requirements

Posted by Jon Elliott on Tue, Mar 28, 2017

Efforts to prevent and respond to chemical disasters are undergoing their first thorough review since many were created decades ago after December 1984’s catastrophe in Bhopal, India. President Obama triggered these reviews in August 2013, when he issued an Executive Order directing federal regulatory agencies to review specified regulatory programs that are designed to prevent such disasters: Occupational Safety and Health Administration’s (OSHA) Chemical Process Safety Management Standard (PSM); Environmental Protection Agency’s (EPA) Accidental Release Prevention (ARP) program and Emergency Planning and Right-to-Know Act (EPCRA) program; and Department of Homeland Security’s (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program (I blogged about the EO here). EPA proposed ARP revisions in March 2016 (I blogged about them here), and adopted final revisions on January 13, 2017.

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Tags: EPA, Environmental, Environmental risks, Hazcom