EPA’s Releases National Enforcement and Compliance Initiatives for Fiscal Years 24-27.

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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.

Managing “Universal Waste” in Washington State

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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.

EPA Phases Out Trichloroethylene

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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/.

Chemical Security – It’s Everyone’s Business!

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As more and more chemicals are used throughout the world to provide for our daily needs, the threat surrounding chemicals also grows. Chemicals can be used in many applications to harm people, wildlife, or the environment. There have been many instances in history where chemicals were used in terrorist activities such as bombs, gas releases, or poisonings. The government has utilized the Chemical Facility Anti-Terrorism Standards (CFATS) as a means to combat the illegal procurement of dangerous chemicals and enhance security initiatives for facilities that engage with targeted chemicals. Recently the federal government has let the funding for CFATS lapse, so the program standards can no longer being enforced by the Cybersecurity & Infrastructure Security Agency (CISA).

According to the FBI, attempted fraudulent purchases of dangerous chemicals have been steadily increasing in recent years. Without the tools, oversight, and background programs that CISA provides through CFATS, it now falls on the facilities to clamp down on their chemicals and be more diligent in their security efforts. CISA is urging lawmakers to approve funding for CFATS to return the program to operational status, but until that happens, chemical managers need to be on heightened alert. There are still tools available that facilities can use to aid them such as ChemLock. According to CISA, “the ChemLock program is a completely voluntary program that provides facilities that possess dangerous chemicals no-cost services and tools to help them better understand the risks they face and improve their chemical security posture in a way that works for their business model.”

For more information regarding the ChemLock, click here.
If you have any questions regarding the programs, drop us a line. We’d be happy to assist.

Know Your Batteries – Lithium-Ion Battery Safety

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A recent forum conducted by the Consumer Product Safety Commission (CPSC) focused on the safety and testing of Lithium-ion batteries.  Lithium-ion batteries are used in a wide range of applications including mobile phones, laptops, cameras, power tools, scooters, and vehicles.  These batteries have been lauded for their wide range of application, high energy density power, and life cycle, but that doesn’t mean these batteries come without risks.

Lithium-ion batteries in micromobility products such as e-bikes, e-scooters, and hoverboards have become a leader in fire and overheating incidents according to the forum background information provided by the CPSC.  At least 208 instances reported across 39 states in a span of almost 2 years.  According to the Fire Department of New York (FDNY) representative for the forum, Lithium-ion battery involved fires have become a top cause of fatalities in New York.

So what’s the problem?

Experts in the forum were able to outline some of the main problems with Lithium-ion batteries.  One such problem was the lack of certification of the batteries.  Certifications are not always coming from certified institutes or counterfeit certifications are being applied after maintenance is conducted.  A second problem may be disparities in the internal construction of the battery packs, which can lead to charging issues or thermal runaway.  Thermal runaway of the batteries lead to larger, more sustained fires while also producing toxic fumes.  The final problem they noted was the availability of cheaper, readily available, aftermarket products that don’t have the same efficiencies and certifications as the original products.

Make sure that you are following the manufacturer’s recommendations for the usage, charging, maintenance, and storage of your batteries.  For more information, you can watch the CPSC’s panel on Lithium-ion Battery Safety here.