Audit, Compliance and Risk Blog

The greenhouse gas cap-and-trade program overseen by California’s Air Resources Board (ARB), which began earlier this year, not only allows for use of approved offsets to meet a portion of an entity’s emission reduction requirements. Entities will soon also be able to comply with the program by participating in its counterpart in the Canadian province of Quebec. By January 1, 2014, ARB’s cap-and-trade program will be linked with Quebec’s. A press release from ARB sums up key features of the linkage:

Do you know what's in the chemical products you buy and use, and whether they're "safe?"  Effective October 1, 2013, California regulations provide criteria and procedures for state-level identification and listing of likely-hazardous chemicals of concern.  Manufacturers and importers will be required to evaluate chemicals of concern in consumer products, their potential alternatives, and how best to limit exposure or reduce hazards.  Assemblers and retailers will have related responsibilities.  Although these requirements apply directly only within California, any reviews and reformulations are likely to affect global production and distribution decisions.

Last week the Federal Motor Carrier Safety Administration (FMCSA) published major changes in the registration requirements it imposes on “motor carriers” that use roads and highways to transport materials—including hazardous materials.  Over the next two years, these changes will consolidate four separate registration systems into a new web-based Unified Registration System (URS), designed to cover every domestic entity subject to FMCSA authority.  Most elements of the new regulations will take effect on October 23, 2015, to allow FMCSA to develop additional URS features and to conduct several related rulemakings, and to allow regulated entities to prepare for the changes in compliance requirements.

OSHA Expands Exemption for Digger Derricks Used in Construction Work

On May 29, the Occupational Safety and Health Administration (OSHA) issued a final rule that revises the regulations for cranes and derricks used in construction. These amendments expand the digger-derrick exemption to include all digger derricks used in construction work subject to 29 CFR1926 subpart V, Power Transmission and Distribution. A digger derrick (also called a radial boom derrick) is a specialized type of equipment designed to install utility poles. This revision removes from coverage under 29 CFR 1926 subpart CC certain types of non-pole digger-derrick work described by Edison Electrical Institute. OSHA also made several minor clarifications to the text of the exemption.

One small but critically important sub-category of chemical incidents consists of those that can produce mass casualties, usually when a cloud of toxic or superheated gases are spewed out by a fire or explosion.  Given America’s fragmented approach to hazardous materials regulation, it’s no surprise that separate regulatory programs have grown up to address these concerns—leading inevitably to overlaps and gaps in coverage.

All hazardous wastes are not created equal.  The basic model is that:

One of the Dodd-Frank Act’s many directives to the Securities and Exchange Commission (SEC) was to require annual disclosures by publicly listed “resource extraction issuers” of payments they make to the U.S. federal government or foreign governments, related to commercial development of oil, natural gas, or minerals.  SEC thought it met this directive when it issued Rule 13q-1 and associated Form SD in August 2012.  However, on July 2, 2013 a federal judge decided that SEC misapplied its authority, and so vacated these provisions and remanded the issue to SEC to try again (American Petroleum Institute v. SEC).  Since Dodd-Frank required issuer reporting to begin no less than one year after SEC issued rules, the issuer reporting requirement is now on hold—but the statutory requirement remains in place so further rulemaking should be expected.

Cal/OSHA’s Hazard Communication Standard (HCS) is designed to ensure that employers evaluate and classify the hazards of workplace chemicals, and that both employers and employees receive relevant information about those hazards. HCS requires all employers with hazardous chemicals in the workplace to develop, implement, and maintain a workplace hazard communication program to inform employees about the hazardous chemicals to which they may be exposed. HCS also requires manufacturers and importers of hazardous chemicals to classify the hazards of the chemicals that they produce or import, and distributors to pass this information to end-users.

July 1 was the deadline for subject facilities to file their annual toxic chemical release inventory (TRI) reports with the US Environmental Protection Agency (EPA) and their state, on one of two EPA-mandated forms, Form R or Form A.  These TRI reports are mandated by Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), which was adopted as the first Congressional response to the December 1984 toxic gas disaster in Bhopal, India.

California Revises Wastewater Treatment Plant Operator Certification Rules

The latest State Water Resources Control Board (SWRCB) regulatory tweaks broaden coverage but also give wastewater treatment plant owners some welcome wiggle room. Effective April 1, 2013, the SWRCB has revised its regulations regarding wastewater treatment plant classification, operator certification, and contractor registration. The rules have been expanded to cover privately owned wastewater treatment plants. However, they also establish a provisional operator certification. This means owners of Class I wastewater treatment plants who are finding it hard to recruit certified operators may employ provisional operators while conducting their search. In addition, the definition of wastewater treatment plant has been revised to clearly state that water recycling treatment plants are included within the definition. Numerous other key changes affecting California CCR compliance have been made to these regulations.