OSHA has scheduled a Notice of Proposed Rulemaking for March 2019 in regards to the agencies intention of updating the current Hazard Communication Standard.  The current standard, which is derived from the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), was issued in 2012.  The GHS is a living document and therefor has had many revisions made to it since its inception in 2008.  The current GHS-HazCom was based on the third edition of the GHS and now OSHA is looking to incorporate revisions 4 through 7 into the new standard.

With the inclusion of the 4 revisions, there are many areas for potential change within the GHS-HazCom.  Some possible changes are:

• Updates to multiple SDS sections to provide further clarity and instruction
• Updated labeling elements e.g. hazards, guidance, precautionary statements
• New physical hazard class, categories and categorization criteria

Additional details are available from OSHA and Lexology.

The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) reports that it will begin using electronically submitted Form 300A injury data from CY 2016 to target manufacturing and non-manufacturing employers with high injury rates for comprehensive inspections. The agency will also perform inspections on a random sampling of employers who did not provide 300A data in order to deter establishments from failing to report.

The deadline for submitting the 300A data for CY 2017 was July 1, 2018; however, OSHA is still allowing employers to provide information. Going forward, establishments with 250 or more employees that are currently required to keep OSHA injury and illness records and establishments with 20-249 employees that are classified in specific industries with historically high rates of occupational injuries and illnesses will be required to provide information to OSHA by March 2 each year.

In September the U.S. Environmental Protection Agency (EPA) issued a final fees rule under the Toxic Substances Control Act (TSCA) that took effect on October 1, 2018.

TSCA provides the EPA with the authority to require payment from chemical manufacturers. Fees collected will go toward developing risk evaluations for existing chemicals as well as collecting and reviewing toxicity and exposure data and making determinations with respect to the safety of new chemicals before they enter the marketplace. Small businesses will be eligible to receive a substantial discount on their fees.

EPA will host a series of webinars focusing on making TSCA submissions and paying fees under the final rule. Upcoming webinars are October 24, and November 7, 2018. For a more detailed summary of the final rule and how it applies as well as other resources, see http://www.lawbc.com/regulatory-developments/entry/epa-issues-final-tsca-fees-rule.

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).