The Washington State Department of Ecology (Ecology) published its final 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of stormwater and certain conditionally authorized “non-stormwater” discharges from industrial activities in the State of Washington. The final 2025 ISGP took effect on January 1, 2025 and superseded the 2020 ISGP.

The new permit:

• Prescribed quarterly 6PPDQ sampling requirement for Transportation, Postal Service (491xxx), Petroleum Bulk Stations and Terminals, Warehousing, and TSDF Facilities and Dangerous Waste Recyclers;
• Requires PFAS sampling requirements for facilities in the waste management sector and for air transportation facilities with known, current, or historical use of AFFF Foam;
• Eliminates automatic Conditional Non-Exposure approvals;
• Includes an Annual Gross Revenue Reporting obligation and a deadline of May 15; and
• Defines a new Level 3 Engineering Report Deadline of “no later than 6 months after the last day of the calendar year in which the Level 3 was triggered”.

Facilities previously covered under the 2020 ISGP had to reapply for coverage by July 5, 2024. Covered facilities must update their Stormwater Pollution Prevention Plans (SWPPP) to conform to the new permit by May 15, 2025, and all conforming SWPPP updates must be implemented by July 1, 2025.

More information is available at Ecology’s website here.

Governor-elect Bob Ferguson appointed Casey Sixkiller, current Regional Administrator of EPA and an enrolled citizen of the Cherokee Nation, as Director of the Washington State Department of Ecology effective January 15, 2025. Sixkiller’s appointment reflects Ferguson’s commitment to protect Washington’s clean air and water and create good-paying clean energy jobs across the state.

President Biden appointed Sixkiller to lead Region 10 in May 2022. Sixkiller oversees the EPA’s work to protect human health and the environment across the states of Washington, Oregon, Idaho, and Alaska, and 271 tribal nations, leading the EPA’s efforts locally to implement both the Bipartisan Infrastructural Law and Inflation Reduction Act, through investments in water infrastructure, addressing the impacts of climate change, and identifying solutions to achieve clean energy.

In August of 2024, EPA posted a final report reviewing the toxicological effects of formaldehyde and found that it can cause cancer. This assessment addresses the human health effects from inhaling formaldehyde. In the review, EPA noted that formaldehyde can cause sinus and nasal cancer as well as myeloid leukemia. Formaldehyde is present in a variety of products including plywood adhesives, abrasive materials, insulation, pesticides, and embalming fluids. Major sources of anthropogenic emissions include household furnishings and building materials, vehicle exhaust, and tobacco smoke.

This finding does not impose new restrictions on the use of formaldehyde, but listing it as a carcinogen will likely shape future regulations and state/local toxics programs. EPA plans to finish the final risk evaluation by the end of the year, and if they ultimately do decide to ban formaldehyde, it could include many wood products and adhesives unless formulas are changed. The FDA has separately proposed to ban formaldehyde in hair straightening products. The final toxicological review can be found on EPA’s webpage.

The April HAZWOPER Challenge is now closed. Thank you for participating. Please come back May 1^st for our next HAZWOPER Challenge!

We Stumped you in April!

EPA announced in October 2023 that it intends to modify the Universal Waste regulations for waste lithium-ion batteries and solar panels. The proposal is an effort to support renewable energy by improving recycling and waste management.

Under the new rule, lithium-ion batteries would be separated from the “Universal Waste – Batteries” category to reduce the potential for fires. The new universal waste requirement for lithium-ion batteries would define improved storage and waste management methods.

Photovoltaic solar panels are not currently listed as a Universal Waste at the federal level but have been addressed or considered at the state level in places including, California, Hawaii, New York and North Carolina. EPA proposes to provide a clear, practical system for handling discarded solar panels.

Additional details on EPA’s Long Term Action can be found here. The Notice of Proposed Rulemaking (NPRM) is projected for June 2025. Stay tuned for further developments.

Washington State Department of Labor & Industries (L&I) has announced the new WAC 296-820 for Wildfire Smoke will be effective January 15, 2024 for all Washington employers. Washington has been operating under temporary emergency rules since 2021. The new regulation will apply year-round to aid employers in providing a safe work environment for their employees during wildfire smoke conditions.

Areas of Washington State have been devastated by wildfires and wildfire smoke from surrounding areas which have created hazardous working conditions. In the new guidance, employers and employees will find new guidance for worker protections based upon the Air Quality Index (AQI) which is available at Washington Ecology’s “Air Quality WA” or EPA’s “AirNow”, among others. The PM 2.5 AQI will trigger implementation of plans, training, and Personnel Protective Equipment (PPE).

For more information, check out the L&I Wildfire Smoke resource page for access to the new rule, plan templates, and training materials.

EPA announced its selection of six priority areas as the National Enforcement and Compliance Initiatives (NECI).  The FY 2024-2027 NECIs are:

• Mitigating Climate Change (new)
• Addressing Exposure to PFAS (new)
• Protecting Communities from Coal Ash Contamination (new)
• Reducing Air Toxics in Overburdened Communities (modified)
• Increasing Compliance with Drinking Water Standards (continued)
• Chemical Accident Risk Reduction (continued)

Check out https://www.epa.gov/enforcement/national-enforcement-and-compliance-initiatives for more information on each of these initiatives.

Hazardous Waste is dangerous and must be managed as such, but generators can manage three types of waste under the “Universal Waste” regulations – Batteries, Mercury-Containing Equipment, and Lamps.

These wastes can be accumulated in larger quantities and for a longer period of time than regular hazardous waste. Provided that these waste streams are placed in containers that are structurally sound and prevent escape of toxic materials to the environment, and that the containers are labeled as “Used”, “Waste”, or “Universal Waste”, Universal wastes can be accumulated up to 1 year before being transported offsite. Universal waste is also exempt from counting towards your hazardous waste generator classification, can be excluded from annual hazardous waste reporting, and does not require a hazardous waste manifest for shipping (unless shipped with hazardous waste).

Washington State Generators can find the Universal Waste regulations in WAC 173-303-573 [effective 10/31/2020] and additional guidance on Ecology’s website here.

Note: For generators in other states, the federal Universal Waste regulations and guidance are available here.

On October 12, 2023, EPA introduced a proposed rule under the Toxic Substances Control Act (TSCA) to phase out trichloroethylene. Trichloroethylene is primarily used as a degreasing solvent for metal equipment, to make refrigerants, and to produce other hydrofluorocarbons, but it is a known human carcinogen. Trichloroethylene is also a skin and eye irritant and exposures to high levels can cause dizziness, headaches, sleepiness, confusion, nausea, liver damage, and even death. Harm caused by exposure to trichloroethylene is well known after the long exposure of soldiers at Camp Lejeune and from the movie “A Civil Action” which tells the story of children’s leukemia after exposure to contaminated water.

Under EPA’s proposed rule, most solvent uses would be eliminated within one year, including presence in consumer products. About 84% of the annual trichloroethylene production is used to make hydrofluorocarbon refrigerant, and EPA’s proposed rule would allow that use to continue for the next 8.5 years. Trichloroethylene is still expected to be used by NASA and the Department of Defense, and in lithium batteries under a 10-year phase out exemption.

If you use any products containing trichloroethylene, now is a good time to check in with the manufacturer to discuss if this regulation will affect your raw materials. Further information can be found on EPA’s “Risk Management for Trichloroethylene” webpage. Comments on the proposed rule must be received by December 15, 2023 using the docket identification number EPA-HQ-OPPT-2020-0465 through the Federal eRulemaking Portal at https://www.regulations.gov/.