OSHA recently followed up on its Workplace Injuries and Illnesses final rule that requires all State Plans to adopt its electronic record-keeping and reporting mandate after several states delayed adopting the rule by the December 1, 2017, deadline. Earlier this year, OSHA issued a press release announcing that employers, rather than the State Plans, would be responsible for implementing the new reporting rule. State Plans responded in various ways, discussed in more length here, causing confusion for employers in those states.

Washington State is in the process of adopting OSHA’s new rule, but at this time, OSHA’s electronic reporting requirement does not apply to Washington employers. Information and updates can be found at the Washington Department of Labor and Industries website, where you can also sign up to receive email rulemaking updates.

After effectively being discontinued for almost a decade, the EPA declared May 15th the agency’s “renewed emphasis on encouraging regulated entities to voluntarily discover, promptly disclose, expeditiously correct, and take steps to prevent recurrence of environmental violations.” This renewed emphasis is consistent with the current EPA’s focus on improving compliance through mechanisms, including voluntary self-correction, that achieve environmental goals more quickly and in a less costly, adversarial and time-consuming manner than traditional enforcement means.

Some of the policy’s key incentives and areas of flexibility include: (1) the ability of new owners to enter into audit agreements that incorporate disclosure reporting that is appropriate to their unique situation; (2) the waiver of economic benefit penalties that otherwise might apply to delayed expenditures; and (3) more generous treatment of violations discovered through already legally mandated monitoring, sampling or reporting that would not normally be considered “voluntarily discovered” (such as testing pursuant to a Title V permit).

More info on the Audit Policy and the New Owner Policy can be found at: https://www.epa.gov/compliance/epas-audit-policy.

August is in full swing and high temperatures are expected throughout the month, so protect yourselves by staying hydrated and finding cool, shady spots to relax and take it easy. In addition, hot weather and winds create the perfect conditions for wildfires to start, which can affect air quality in the area. When planning outside activities, especially involving at-risk groups, check air quality on the Spokane Regional Clean Air Agency website.

River Fun

E-manifest, the U.S. Environmental Protection Agency’s national system for tracking shipments electronically, is set to go live at the end of June 2018. The e-Manifest requirements are effective in all states once the system goes live, including Washington.

What does this mean for generators, transporters, and receiving facilities?
Once the system goes live, receiving facilities will begin submitting all manifests (paper and electronic) to EPA.
Generators and transporters of dangerous waste will be able to create, edit, and sign their manifests electronically. They will also be able to view and print their own manifest copies and manifest status information.

Who will pay for this?
Receiving facilities will pay all fees associated with electronic manifesting.
However, receiving facilities may pass on the cost of the fees to their customers.

How much will this cost?
EPA will charge fees based on a sliding scale. Visit EPA’s website for more pricing information.  Using electronic manifests will be optional for the first few years. However, using paper manifests will be more expensive.

Where can I find more information about e-Manifest?
Visit EPA’s website for details and to keep updated on the latest developments.

Spray efficiency trainings are coming in 2018 to locations around Washington. Ecology and the Pollution Prevention Resource Center (PPRC) have scheduled afternoon and evening sessions in three cities. The workshops will run from 1-4 p.m. and 5-8 p.m., and will include dinner. Follow the links for address, directions, and registration info:

• May 23 in Spokane
• June 6 in Mount Vernon
• June 20 in Vancouver
• Tri-Cities (details to be determined)

Join PPRC’s email list to stay up-to-date on upcoming training opportunities.

Who should attend these trainings?

Any workers applying paint or coating to metal, plastic, or wood: auto body shops, parts manufacturers, or cabinet manufacturers.

Check out the Upcoming Events section of PPRC’s website for updated information on these and all workshops, including those currently in the planning stage.

Contact

Ken Grimm
206-352-2050 ext. 102
kgrimm@pprc.org

On March 13, 2018, the U.S. Environmental Protection Agency (“EPA”) released a guidance memorandum announcing a new policy to address NSR applicability –  facilities may now take into account emissions decreases in calculating whether a proposed project will trigger NSR in the first instance. Please note that it remains to be seen if Washington State will operate using this guidance.  Additional interpretation on this guidance can be found here.

Other key Clean Air Act changes recently included (1) change in the NSR program concerning the “actual-to-projected-actual” test stated that it would no longer “second guess” the pre-construction projection of a company unless there was a clear error (12/7/2017 memo) and (2) retraction of EPA’s “once-in-always-in” policy for the classification of major sources of hazardous air pollutants under section 112 of the Clean Air Act (1/25/2018 memo).

Brian Prisock has been hired as the Air Operating Permit Manager (replacing Brenda Smits who left in September 2017 for a new position at DOH).  He has been working in the Air Quality Program for a little over 3 years, most recently as an Emissions Inventory and Compliance Coordinator.  Prior to joining Ecology in 2014, Brian worked for Idaho DEQ for 13 years.

Jason Cocke has been hired as Air Operating Permit Compliance Specialist for Eastern Region (replacing Holly Cushman who left in September 2017 to join the Peace Corps).  Jason comes from the Toxics Clean-up Program (ERO), where he spent the past 13 years working as an Underground Storage Tank Inspector.

Brian and Jason will both start in their new positions on February 16^th.

Effective Immediately: The ban on outdoor burning and the use of uncertified wood stoves, inserts and fireplaces has been lifted.

Spokane Clean Air issued the restrictions last Friday, coinciding with an air stagnation issued by the National Weather Service. Althought the air stagnation remains in place, air quality has remained in the good to moderate range, therefore Spokane Regional Clean Air Agency is lifting the burn ban.

Spokane Clean Air thanks everyone for their cooperation during burn restrictions. Be sure to follow the clean burning techniques, including using only dry seasoned wood and providing plenty of air to your fire. Your efforts help our air quality

A ban on outdoor burning in Spokane County and the use of uncertified wood stoves, inserts and fireplaces in the Spokane County Smoke Control Zone begins at 4 p.m. today (Dec. 8). The ban will last at least through the weekend and until further notice.

Spokane Regional Clean Air Agency is calling the Stage 1, condition “Yellow” burn ban because weather conditions are 

contributing to a build-up of wood smoke. 

Under a Stage 1 “yellow” burn restriction:

• The use of uncertified wood stoves, fireplaces, inserts and other uncertified wood-burning devices is prohibited unless they are a home’s only adequate source of heat.
• Certified wood stoves, pellet stoves and other certified wood-burning devices are allowed.
• All outdoor burning is banned in Spokane County.

This temporary ban is due to increasing levels of smoke and stagnant weather conditions.

*If you don’t have an adequate source of heat, contact Spokane Clean Air for an exemption.  Click here for details.