1-bromopropane (1-BP) Added to the Clean Air Act’s List of Hazardous Air Pollutants

SEI Blog Jenelle

On December 22, 2021, the EPA Administrator signed a notice adding 1-bromopropane (1-BP) to the Clean Air Act’s list of hazardous air pollutants (also known as air toxics). The chemical 1-BP is largely used in solvent vapor degreasing, adhesives, dry cleaning, furniture foam fabrication, spot cleaners, stain removers, adhesives, sealants, automobile care products, and other applications including the aerospace industry. EPA is modifying the list of hazardous air pollutants because the Agency has determined that 1-BP is a hazardous air pollutant and its emissions, ambient concentrations, bioaccumulation, or deposition are known to cause or may reasonably be anticipated to cause adverse effects to human health or the environment.

Effective February 2022, facilities will need to include 1-BP in their assessment (i.e. Potential-to-Emit) of their source size classification (i.e., area source or major source).

EPA will be working to revise current NESHAP regulations and identify whether additional NESHAP are warranted. Under a separate action, EPA is developing a regulatory infrastructure that will address compliance and implementation issues that may arise from the addition of a chemical to the list of hazardous air pollutants. This regulatory infrastructure will be proposed for public notice and comment in 2022 and is expected to be finalized in early 2023.

This is the first time that EPA has added a pollutant to the list of hazardous air pollutants since Congress created the list through the 1990 Clean Air Act amendments. For more information, including a fact sheet and pre-publication version of the action, click here!

Washington L&I Files Emergency Heat and Smoke Rules

On June 1, 2022, Washington State Department of Labor & Industries (L&I) filed Outdoor Heat Exposure and Wildfire Smoke emergency rules that take effect June 15, 2022. The emergency rules are designed to keep workers that perform job tasks outside safe until permanent rulemaking can be established. Under the emergency rules, employers will be required to monitor temperatures and air quality, provide information to the workers, provide training, and more.

Craig Blackwood, L&I’s assistant director for the Division of Occupational Safety & Health stated, “The record-setting heat wave last summer underscored the importance of protecting outdoor workers. Add in the smoke from more frequent and devastating wildfires, which is a proven hazard, and it’s a recipe for danger every summer.”

For more information regarding the emergency rules, click here.

Is Your Facility Compliant?

Would you like to avoid a compliance request from the Department of Homeland Security (DHS)? Then you should be aware of the DHS program outlining Chemical Facility Anti-Terrorism Standards for facilities that possess “high-risk” chemicals of interest. If you meet or exceed the threshold screening values for the chemicals, you must go through the screening process which involves taking training, submitting a Top-Screen for DHS review, possibly conducting a Site Vulnerability Assessment, developing or revising a Site Security Plan, and hosting a DHS representative for an on-site inspection. To find out if this applies to your company, check out the list of the high-risk chemicals and the threshold screening quantities in Appendix A of the standards.

For more information regarding the CFATS process, click here.

If you require assistance complying with the regulatory guidelines, drop us a line. We’d be happy to assist.

2022 Worker Memorial Day

Every year the nation recognizes Workers Memorial Day. Nationally, April 28th is the day we pay our respects to those who lost their lives on the job, and recognize the impact these tragedies have on the family members, co-workers, and communities. More than 4,700 workers suffered fatal injuries on the job in 2020 according to the Bureau of Labor Statistics. According to Washington State Department of Labor and Industries, 53 worker fatalities were recorded in Washington State in 2021.

This year there are live and virtual events taking place throughout the country to remember those that have lost their lives on the jobsite. Washington State is providing its Workers Memorial Day Ceremony virtually on Wednesday, April 27th at 11:30 a.m. PT. The event page can be accessed by clicking here.

The Department of Labor’s Workers Memorial Day Program national event is a virtual event being provided through YouTube on Thursday, April 28th from 1 p.m. to 2 p.m. ET.

OSHA Proposed Amendment to Occupational Injury and Illness Recordkeeping Regulation

OSHA is proposing to amend 29 CFR 1904.41, Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA. By revising reporting requirements, they are hoping to identify workplaces where employees are at higher risks. The proposed rule would also help OSHA leverage their resources to continue to promote increased transparency throughout the workforce. According to the news release from OSHA on 28 March 2022, the proposed rule would also:

  • “Require establishments with 100 or more employees in certain high-hazard industries to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year.
  • Update the classification system used to determine the list of industries covered by the electronic submission requirement.
  • Remove the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually.
  • Require establishments to include their company name when making electronic submissions to OSHA.”

To review the summary of changes and submit formal comments click here. Comments must be submitted by May 31, 2022