My most recent blog provided a short summary of chemical evaluation and reporting requirements under the Toxic Substances Control Act (TSCA) of 1976. These requirements apply when a manufacturer or importer is preparing to introduce a “new chemical substance” into commerce in the U.S., to provide the Environmental Protection Agency (EPA) with information to evaluate whether chemical hazards require regulatory restrictions (up to and including outright bans) to provide adequate protections to human health and the environment. TSCA does not include any blanket requirement for ongoing studies or updated evaluations of an “existing chemical substance” after it has entered commerce—including those already in commerce when TSCA took effect, so some chemicals have never undergone a regulatory review of their hazards.
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Environmental,
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Although day-to-day environmental regulations tend to focus on water quality, water quantity is also an issue … and can be a critical one. Here in California, we’re experiencing the third year of a drought of historic proportions; our Sierra Nevada snowpack is at 18% of average as winter ends. As the drought continues, state and local agencies are taking stronger and stronger measures to limit water use. The State Water Resources Control Board SWRCB) has just proposed to expand emergency regulations adopted in July 2014.
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A wide variety of federal, state and even local laws apply environmental, health and safety (EH&S) protection requirements to chemicals. EH&S compliance personnel are accustomed to complying with chemical management requirements imposed by the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and their state equivalents.
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ghg,
Hazcom
Adopted half a century ago, the Solid Waste Disposal Act (SWDA) of 1965 is one of the first federal statutes in the modern era of environmental protection. SWDA focused originally on worries that a “landfill crisis” combined predictions that landfills would soon be too full to provide disposal capacity, and longstanding concerns that poorly designed municipal and industrial landfills might not protect public health. The Environmental Protection Agency (EPA) has applied SWDA authority to adopt landfill standards, which are administered by state and local governments nationwide.
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The Resource Conservation and Recovery Act (RCRA) and its state counterparts provide requirements to govern hazardous wastes during every step of their management, from “cradle to grave.” Although these rules are intended to improve management and provide incentives for recycling and other beneficial uses of hazardous wastes, many organizations find many of the rules unnecessarily onerous – and therefore potentially counterproductive if they actually discourage beneficial activities. In addition, over time changes in technologies, commercial activities and regulatory priorities reveal gaps in existing rules. In January, the Environmental Protection Agency (EPA) revised its “Definition of Solid Waste” rules governing a number of potentially hazardous wastes that it instead considers to be “hazardous secondary materials”, and the range of recycling and recovery activities eligible for special regulatory considerations. The revisions become effective on July 13, 2015.
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RCRA
After a facility determines it has generated hazardous waste, it must determine how to manage that waste in compliance with the federal Resource Conservation and Recovery Act of 1976 (RCRA), regulations issued by the US Environmental Protection Agency (EPA), and their state equivalents. (I recently wrote about hazardous waste determination, here and here).
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The Clean Air Act (CAA) requires the Environmental Protection Agency (EPA) to create a list of air pollutants based on emissions that cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. EPA also sets air quality criteria for acceptable concentrations in ambient air, referred to as National Ambient Air Quality Standards (NAAQS).
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Our communities have the right to know when they are at risk of exposure to dangerous substances from accidental releases such as, but not limited to, chlorine, ammonia, hydrochloric acid, and sulfur dioxide. The US Environmental Protection Agency (EPA) agrees. In 1986 EPA created the Emergency Planning and Community Right-to-Know Act (EPCRA) to help communities plan for just such emergencies. EPCRA requires that federal, state, and local governments, Indian tribes, and industries be prepared for hazardous chemical emergencies. It also requires facilities to follow all recordkeeping requirements and report the storage, use, and release of hazardous chemicals to federal, state, and local governments.
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EHS,
EPA,
Hazcom
Many readers will know that political and legal regulatory developments have lagged the technical developments in hydraulic fracturing and other enhanced oil and gas recovery techniques – “fracking.” Some jurisdictions focus on the jobs and taxes that result from resource extraction, while others focus on the potential environmental hazards. As 2015 begins, we find California and New York – which typically agree on significant environmental policy questions – adopting opposite responses.
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Environmental risks,
EPA,
ghg,
fracking,
hydraulic fracking
