EPA Approval Of Painting Controls For Some Surface Coating Operaitons

EPA has approved a revision to the Illinois State Implementation plan (SIP) submitted by the Illinois Environmental Protection Agency (Illinois EPA) on November 14, 2011. The revision amended Illinois Administrative Code by adding a "small container exemption" for pleasure craft surface coating operations in the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. EPA concluded that these exemptions were consistent with EPA volatile organic compound (VOC) reasonably available control technology (RACT) policy.

EPA found the exemption was consistent with Illinois RACT rules for similar coating operations, including can, coil, vinyl, metal furniture, and magnet wire coatings. EPA agreed with Illinois EPA and ACA that the exemption may reduce VOC emissions by encouraging repairs and touch ups, as opposed to performing complete re-coats.

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Final Transport Rule Released

On June 12, EPA announced the final set of minor adjustments to the Cross-State Air Pollution Rule (CSAPR), better known as the "Transport Rule." The Agency says the changes will provide important and consistent technical adjustments to the CSAPR programs in certain states. No changes were made to the core elements of the program. The changes were originally issued as a direct final rule in the February 21, 2012, Federal Register, but were withdrawn because EPA received adverse comments during the public comment period. The Agency says the new final rule includes the same set of revisions; it also addresses the comments received.

The final rule revises state budgets for Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, New York, Ohio, Oklahoma, South Carolina, and Texas. In addition, the rule revises unit set-asides for Arkansas, Louisiana, and Missouri.

CSAPR is a market-based program that is designed to reduce the amount of pollutants that drift from upwind states into downwind states. According to EPA, the total budget increase from the new rule is small (less than 1%) when compared to the millions of tons of pollution reductions secured by CSAPR.

On December 30, 2011, the U.S. District Court of Appeals stayed CSAPR pending judicial review. Currently CSAPR's predecessor, the Clean Air Interstate Rule, is in effect. The Agency anticipates a ruling from the court on CSAPR sometime this summer. EPA finalized the new adjustments and corrections so that it can be “prepared to implement CSAPR if the stay is lifted. Finalizing the rule does not impose any requirements on regulated units or states.

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Proposed Rules On DOT Cylinders

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has proposed amendments to the Hazardous Materials Regulations (HMR) to revise certain requirements applicable to the manufacture, use, and requalification of DOT specification cylinders. PHMSA issued an advance notice of proposed rulemaking (ANPRM) in response to petitions for rulemaking submitted by the regulated community and a review of the regulations applicable to compressed gas cylinders.

PHMSA is not proposing specific amendments to the HMR; rather, the agency is seeking comment on the issues discussed in the ANPRM. The ANPRM focuses on specific petitions for rulemaking and special permits, however, PHMSA will accept comments on the HMR applicable to compressed gas cylinders. Comments must be received by August 27, 2012.

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Illinois Receives Grants To Investigate and Cleanup Brownfields

The U.S. Environmental Protection Agency announced $3.1 million in grants to redevelop contaminated properties, create jobs and protect public health in Illinois. These “brownfield grants” are used to assess and clean up abandoned industrial and commercial properties.

The Illinois brownfield grants were distributed as follows:

• Antioch, Site Assessment, Hazardous Substances, $200,000
• Midlothian, Site Assessment, $400,000
• Ottawa, Site Assessment, $400,000
• Rockford, Cleanup, Depot site, $200,000
• Rockford, Cleanup, Lorden/Eclipse site, $200,000
• Rockford, Cleanup, Former Tapco site, $200,000
• Stephenson County, Cleanup, Former Mortuary site, $200,000
• Illinois EPA, Revolving Loan Fund, $800,000
• South Suburban Mayors and Managers’ Association, Revolving Loan Fund, $500,000

The Illinois grants are part of the EPA’s $69.3 million 2012 nationwide brownfields grants to clean up and redevelop contaminated properties, boost local economies, create jobs and protect public health.

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Advisory On Pipeline Maximum Operating Pressure Records

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an advisory bulletin to reminded gas pipeline facilities to preserve and verify records related to maximum allowable operating pressure (MAOP) and informed hazardous liquid operators that they should adhere to the same standards for maximum operating pressure (MOP).

The revisions reflect new requirements for reporting procedures in the recent Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, provide key safety data to assist PHMSA in addressing National Transportation Safety Board recommendations, and make other minor changes to improve overall data quality for industry professionals as well as the general public.

The advisory informs operators that records supporting MAOP and MOP should be traceable, verifiable, complete and clearly linked to original information about a pipeline segment or facility. These records must also be verified by complimentary, but separate, documentation. The advisory informs operators that to be complete, pipeline records must display a signature, date, or other appropriate marking to show the operator considers it to be a final document.

The advisory also notifies the public of PHMSA’s intent to gather public input about eliminating a grandfather clause that allowed gas transmission operators to establish the MAOP of pipe installed before 1970 by relying upon historical records. If the grandfather clause were eliminated, these operators would be required to reestablish MAOP using hydrostatic pressure testing. The NTSB recommended the elimination of the grandfather clause.

The advisory follows a Notice issued by PHMSA on April 13, 2011, outlining the agency’s proposals to make several minor updates to accident and incident reporting forms for hazardous liquid, gas transmission, and gas gathering pipeline systems. The Notice also explains PHMSA’s consideration of a number of changes to the annual report form used by operators of natural gas transmission and gathering pipeline systems. <

Comments from interested parties are being accepted through June 12, 2012.

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OPP Guidance On Pesticide MSDS Under Globally Harmonized Standard

The US EPA Office of Pesticide Programs (OPP) has released a Pesticide Registration Notice (PR Notice) in the April 20 Federal Register entitled “Pesticide Registration Notice 2012-1: Material Safety Data Sheets as Pesticide Labeling.” OPP puts out PR Notices to inform pesticide registrants and others about important policies, procedures, and registration-related decisions, as well as guidance to registrants and OPP personnel.

The Notice provides guidance to pesticide registrants concerning the relationship between EPA-approved labels for pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Material Safety Data Sheet (MSDS, also known as the Safety Data Sheet or SDS), required by OSHA. It explains how registrants can ensure their FIFRA labeling and SDSs comply with both EPA and OSHA requirements. The New PR Notice is intended to update previous PR Notice 92-4, in which EPA determined that a MSDS that accompanies a pesticide product is considered part of the pesticide’s labeling, but may accompany a pesticide product without notification or approval from the Agency, provided the labeling is consistent with the requirements of 40 CFR Part 156.

OSHA requires SDSs under its Hazard Communication Standard (HCS) at 29 CFR 1910.1200, and is moving to align HCS requirements with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA published its final rule for HCS on March 26, 2012, and will begin to accept SDSs that are prepared according to the final rule’s requirements on May 25, 2012.

EPA has not yet moved to amend its labeling regulations to be consistent with the GHS, which leads to differences between EPA’s current requirements and OSHA’s new requirements related to classification criteria, hazard statements, pictograms, and signal words. EPA and OSHA worked together to develop PR Notice 2012-1 to address concerns about those differences. EPA says the PR-Notice is intended to aid registrants in assuring that SDSs for their products are not considered inconsistent with the EPA-approved product labeling for pesticides registered under FIFRA by providing guidance on how a registrant may reconcile an SDS with its associated FIFRA labeling.

EPA is also asking for public comment on the information collection activities and related burden estimates associated with the guidance provided in PR Notice 2012-1. Comments must be received on or before June 19, 2012.


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Tetrachloroethylene Final Health Assessment Released

U.S. Environmental Protection Agency (EPA) has released the final health assessment for tetrachloroethylene (also known as perchloroethylene, or perc) to EPA’s Integrated Risk Information System (IRIS) database. The assessment replaces the 1988 IRIS assessment for perc and for the first time includes a hazard characterization for cancer effects. Perc is a chemical solvent widely used in the dry cleaning industry. It is also used in the cleaning of metal machinery and to manufacture some consumer products and other chemicals. The final assessment characterizes perc as a “likely human carcinogen.” The assessment provides estimates for both cancer and non-cancer effects associated with exposure to perc over a lifetime.

EPA did not believe that wearing clothes dry cleaned with perc will result in exposures which pose a risk of concern. EPA has already taken several actions to reduce exposure to perc. EPA has clean air standards for dry cleaners that use perc, including requirements that will phase-out the use of perc by dry cleaners in residential buildings by December 21, 2020. EPA also set limits for perc allowed in drinking water and levels for cleaning up perc at Superfund sites throughout the country, which will be updated in light of the final IRIS assessment.

In the future, the toxicity values reported in the perc IRIS assessment will be considered in:

• Establishing cleanup levels at Superfund sites where perc is a contaminant,
• Revising EPA’s Maximum Contaminant Level (MCL) for perc in drinking water, and
• Evaluating whether to propose additional limits on air emissions of perc.

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