Audit, Compliance and Risk Blog

Environmental Justice: A Brief History

Posted by Rebecca Luman on Tue, Jan 12, 2016

Over the past two decades, society has grown increasingly conscious of pollution’s particular impacts on communities with minority and/or low-income populations. Awareness that these communities seem to bear a disproportionate amount of adverse health and environmental effects led to the multi-agency establishment of the National Environmental Justice Advisory Council in 1993 and issuance of Executive Order (EO) 12898 in 1994, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. Since then, EPA, as the primary federal agency responsible for protecting human health and the environment, has taken a lead role in helping other federal agencies implement the EO.

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Tags: EHS, EPA

EPA Revises the Agricultural Worker Protection Standard

Posted by Jon Elliott on Wed, Nov 25, 2015

The US Environmental Protection Agency (EPA) administers a Worker Protection Standard (WPS) designed to protect workers exposed to agricultural pesticides. WPS is patterned after the Occupational Safety and Health Administration (OSHA's) Hazard Communication Standard (HCS) for workers in most other industrial and commercial settings. EPA adopted the WPS in 1992, and just adopted its first revisions late in September 2015. Some of these changes incorporate revisions to HCS adopted by OSHA in 2012 (see here), while others catch up on two decades of industrial hygiene and worker safety practices. The revisions will appear in the Federal Register (probably in November) and become effective 60 days later. Compliance deadlines extend for up to 2 years for the various changes.

What Does WPS Require Now?

I summarized longstanding WPS requirements when I blogged last year about EPA’s proposed revisions (click here ). To further summarize my summary, WPS requires employers whose employees work with or around pesticides to provide the following:

  • Pesticide safety training

  • Labeling information

  • Specific information including pesticide-specific training within 5 days after beginning work (“grace period”), supplementing immediate emergency information and a pesticide safety poster

  • Requirements to keep workers out of areas being treated with pesticides, within nurseries and greenhouses (“buffer”)

  • Requirements to keep workers out of areas during a restricted-entry interval (REI) set for each pesticide

  • Protect early-entry workers doing permitted tasks in pesticide-treated areas during an REI, including special instructions and personal protective equipment (PPE)

  • Required warning to nearby workers about pesticide-treated areas (oral and/or warning signs, depending on the chemical)

  • Monitor handlers using highly toxic pesticides, at least every 2 hours

  • Provide required PPE to handlers (e.g., clothing, respirators)

  • Provide decontamination supplies

  • Provide for emergency assistance.

Some requirements apply on behalf of all agricultural workers who may be exposed, plus additional requirements for pesticide handlers who work with regulated pesticides.

What Changes is EPA Adopting?

EPA has adopted a wide variety of revisions, including provisions that have changed significantly from last year’s proposal. Revisions include:

  • Training (compliance deadline delayed for 2 years):

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Tags: Employer Best Practices, Health & Safety, Employee Rights, Environmental risks, Environmental, EPA

EPA Proposes To Revise Hazardous Waste Import-Export Requirements

Posted by Jon Elliott on Wed, Oct 14, 2015

The U.S. Environmental Protection Agency (EPA) administers rules governing the import and export of hazardous waste regulated by the Resource Conservation and Recovery Act (RCRA). These rules implement requirements established by RCRA, and also ensure that the U.S. meets its international responsibilities as a member of the Organization for Economic Cooperation and Development (OECD) by creating national rules that meet agreed-upon OECD standards. The proposal should appear in the Federal Register soon, opening a 60 day comment period after which EPA will decide whether to finalize the changes.

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Tags: Health & Safety, Environmental risks, Environmental, EPA, Hazcom, RCRA, Canadian

EPA Catches Volkswagen Cheating On Emission Tests

Posted by Jon Elliott on Thu, Oct 01, 2015

In recent years, VW officials have sometimes been quoted touting their “clean diesel” vehicles by paraphrasing one of their competitors—“this isn’t your grandfather’s diesel.” This month VW finally admitted to the U.S. Environmental Protection Agency (EPA) and customers worldwide that it “isn’t your regulator’s diesel” either. The company had programmed the electronics in millions of vehicles to provide false data during required emissions tests.

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Tags: Health & Safety, Environmental risks, Environmental, EHS, EPA, Hazcom, CAA, Transportation

New York Targets Legionella

Posted by Jon Elliott on Thu, Sep 10, 2015

Although Environmental Health and Safety (EH&S) requirements target hundreds of micro-organisms (primarily viruses and bacteria), regulation of important hazards remain on the drawing boards, awaiting appropriate testing and control methodologies, sufficient resources … and high enough political priorities. Until recently, one of these unregulated pathogens has been the legionella bacterium, first identified in 1976 as the cause of “Legionnaire’s disease” – named after an outbreak at an American Legion convention in Philadelphia traced to the hotel’s air conditioning system. This summer, however, an outbreak in New York has led state and local health agencies to adopt extremely ambitious testing and disinfection programs.

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Tags: Employer Best Practices, Health & Safety, Employee Rights, Environmental risks, Environmental, EHS, EPA

Divided Supreme Court Vacates EPA Fossil Fuel Power Plants Rule

Posted by Jon Elliott on Tue, Jul 28, 2015

Late in June the U.S. Supreme Court issued its latest ruling on the Environmental Protection Agency (EPA) efforts to implement the Clean Air Act (CAA). This time a sharply divided Court voted 5 to 4 to vacate EPA’s attempt to regulate hazardous air pollutant (HAP) emissions from fossil fuel-fired electricity power plants. The justices split over when during a decade-spanning, multi-phase rulemaking did CAA require EPA to calculate the costs and benefits of regulation—the Court majority ruled that this calculation should have occurred in the first round, rejecting EPA’s decision to do so later in the rulemaking sequence.

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Tags: Environmental risks, Environmental, EPA, Hazcom, Oil & Gas

EPA Revises Underground Storage Tank Regulations

Posted by Jon Elliott on Tue, Jul 21, 2015

It’s been more than 30 years since the U.S. Congress enacted national underground storage tank (UST) requirements (federal UST Law) in 1984. The Environmental Protection Agency (EPA) published extensive UST regulations in 1988, establishing technical requirements for the following:

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Tags: Environmental risks, Environmental, EPA, Underground Storage Tanks, Hazcom

Drive Green! Save Green!

Posted by STP Editorial Team on Thu, Jul 02, 2015

Did you know that “what you drive, how you drive, and what fuel you use can impact both the environment and your pocketbook?” The U.S. Environmental Protection Agency (EPA) has put together a Green Vehicle Guide website that provides useful information and answers to all your questions about how you can go green on the road and save money too.

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Tags: Health & Safety, California Legislation, Training, Environmental risks, Environmental, EPA, Hazcom, Transportation

July 1 Deadline For California’s Revised Industrial Storm Water Requirements

Posted by Jon Elliott on Tue, Jun 30, 2015

The federal Clean Water Act (CWA) and state water quality laws (including California’s Porter-Cologne Water Quality Control Act) govern activities that may affect “waters of the United States.” Routine discharges from industrial and public sources make up most potentially polluting discharges, and are subject to National Pollutant Discharge Elimination System (NPDES) permits and California Waste Discharge Requirements (WDRs), but additional requirements also apply to potential “storm water” runoff from rainwater and snow, which can entrain oils and other pollutants and wash them down storm drains into water bodies. The US Environmental Protection Agency (EPA) established the first broad-based national program in 1990, and has revised and expanded requirements over the past quarter century (often in response to court decisions finding its efforts inadequate). States have followed suit. For example, in 2014 California updated its industrial storm water requirements, replacing a general permit adopted in 1997 with a new one that becomes effective on July 1, 2015. The new permit revises and expands requirements, including narrowing exemptions for “light industry” facilities to become conditional exemptions subject to certification requirements, and addition of detailed requirements for “preproduction plastic” materials. The remainder of this note summarizes the new California requirements, which generally are comparable to EPA’s national general permit (last updated in 2008)–so readers outside California should remember that your facilities face analogous responsibilities.

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

EPA Promotes Green Infrastructure for Healthier Urban Environments

Posted by STP Editorial Team on Tue, Jun 09, 2015

What is “green infrastructure”? Green infrastructure incorporates vegetation, soils, and natural processes to manage water and create healthier urban environments. When talking about an area the size of an entire city or county, green infrastructure refers to an assorted collection of natural areas that provide habitat, flood protection, cleaner air, and cleaner water. When referring to an individual neighborhood or smaller locale, green infrastructure refers to stormwater management systems that simulate nature by soaking up and storing water, which then can be redirected back into sustainable usage by those communities.

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Tags: Health & Safety, Environmental risks, Environmental, EPA, Transportation, Stormwater