• November 2012 - CFO William Egan Named President of the Economic Club of Pittsburgh

    EHS Support is proud to announce that our CFO, William (Bill) Egan has been named President of the Economic Club of Pittsburgh.

    Organized in 1910, the Economic Club of Pittsburgh is one of the oldest and largest organizations of its type in the United States. It provides a distinguished public forum for intelligent, timely discussions of regional, national, and international economic matters and their interaction with the social and political environment and offers its members the opportunity to stay well informed on economic, business, and financial issues.

    Bill is a results-oriented leader with over eighteen years experience in both the environmental and financial fields, and is an invaluable resource to our clients who require financial expertise to create outstanding results on projects.

    He has provided key strategic and financial guidance on mergers, acquisitions, and divestitures; Superfund projects; remediation portfolios; preparing financial assurance; SEC and remediation cost estimates; budget tracking; and cash flow analyses. For the financial industry he has led successful fundraising efforts (including venture capital/debt) and acquisitions, and greatly contributed to the growth of several emerging companies as the senior finance executive.

    Bill is a CPA, and also holds an MBA from Robert Morris University and a B.S. degree in accounting from Duquesne University, both located in Pittsburgh, PA. He has been featured in the Wall Street Journal, has authored numerous articles, and is a featured speaker at events addressing current financial issues.

    In 2009, Bill was named Pittsburgh’s “CFO of the Year” by the Pittsburgh Business Times, and also is an active member of the Association for Corporate Growth (ACG).

    Please contact Bill if there are any financial questions he can help you address.
    WILLIAM EGAN • Tel: 412-401-7036William.Egan@ehs-support.com
  • October 2012 - Northeast Ohio Regional Sewer District to Begin Collecting Regional Stormwater Management Program fees January 1, 2013

    Businesses, industries, and residences in Cleveland and parts of Cuyahoga, Summit, and Lorain Counties will be subject to stormwater management fees based on the amount of impervious surface area their facility occupies. Impervious surface area includes roofs, driveways, decks and patios. Non-residential facilities will be charged $5.05 per month for every 3,000 square feet of impervious surface in 2013, increasing to $5.15 per month for every 3,000 square feet in 2014.

    Your company can save money by applying for stormwater fee credits based on improvements in stormwater quality or reductions in stormwater quantity.  Examples of projects that may qualify for credits include rain gardens, on-site stormwater storage, and reduction in impervious surface area.

    Customers should look for letters in the mail this fall which contain estimates of their upcoming monthly fee based on account information.

    More information on this new program is available at:
    http://www.neorsd.org/stormwaterprogram.php

  • May 2012 - EPA Releases May 2012 RSLs
    EPA Releases May 2012 RSLs

    The U.S. Environmental Protection Agency (EPA) in May 2012 released the updated Regional Screening Levels (RSLs) that were developed using risk assessment guidance from the EPA Superfund program.  Although the RSLs are developed for the Superfund program, most Federal and State risk-based environmental cleanup programs reference the RSLs.  The RSLs are used as risk-based screening tools to determine if there is a potential need for further investigation or whether a site-specific risk assessment is required for cleanup of a site.  Based on the current revisions, changes to the RSLs were both chemical specific and based on individual chemical toxicities and risk drivers (i.e., carcinogenic versus noncarcinogenic), and incorporate changes in several major potential exposure pathways.

    What are the significant changes?

    Eleven chemicals had their volatile organic compound (VOC) status changed due to updates in Henry’s Law constants.  The chemicals that were previously classified as semi-volatile organic compounds (SVOCs), but are now VOCs, are: Dihydrosafrole, 2-Chloroacetaldehyde, Propylene, Ethyleneimine, 1,4-Dithiane, Methyl Isocyanate, Mineral Oils, and Dimethylvinylchloride. Chemicals that were once VOCs that are now SVOCs are:  Isobutyl Alcohol, Cresols, and Propylene Glycol Dinitrate.   The reclassification of these chemicals may affect projects where vapor intrusion is a potential complete exposure pathway because constituents of potential concern (COPCs) that may not have been included in the vapor intrusion exposure pathway previously may now be a potential risk-driver for your project.  If you have a project that may have a vapor intrusion pathway, a review of the potential COPCs that may be affected by these reclassifications should be implemented, as it may affect future sampling and risk assessment tasks.

    Projects that included lead as a COPC may be affected by the May 2012 update that now includes the National Ambient Air Quality Standard (NAAQS) for lead of 0.15 micrograms per cubic meter (ug/m3), which has been adopted as the residential air RSL. In previous RSL tables, there were no air screening values listed for lead.

    Not all changes to the RSLs result in more stringent levels.  For example, Methylene Chloride (i.e., Dichloromethane) was re-evaluated for health risks from exposure to concentrations that may be detected in indoor air due to various sources. Methylene Chloride is now listed as a mutagen in the RSL table because it is thought to cause cancer via DNA damage. Therefore, an additional safety factor was applied to take into account increased cancer susceptibility of children.  Although one would expect that the RSLs would be more stringent (that is, set at a lower screening level), this is actually not the case. For indoor air concerns, the carcinogenic RSL is raised from 5.2 to 96 ug/m3 in residential buildings, and raised from 26 to 1,200 ug/m3 in commercial or industrial buildings.

    Another example is tetrachloroethylene (PCE), which has a new Integrated Risk Information System (IRIS) value.  The carcinogenic and non-carcinogenic RSLs typically define the EPA’s health-protective range.  For indoor air, EPA’s new PCE health range for residential buildings is 9.4 to 42 ug/m3, and for commercial or industrial buildings, the new range is 47 to 180 ug/m3.  Therefore, unlike PCE’s primary counterpart for chlorinated hydrocarbon cleanups, trichloroethene (TCE), the cancer RSL for PCE has actually increased (is less conservative) by about a factor of 20.  It is important to note that the difference in carcinogenic versus non-carcinogenic RSLs for PCE is less than a factor of ten.  Therefore, if a 1 x 10-5 risk level is used for screening, the non-carcinogenic RSL of 180 ug/m3 should be used.  The RSL table identifies chemicals that are subject to this rule by including “**” in the RSL table next to the exposure pathway-specific RSL.

    What were the other changes that were made to RSL chemicals?

    The recent IRIS activity relative to dioxin included a new non-carcinogenic toxicity value for dioxin (2,3,7,8-TCDD).  However, this update only changes the non-carcinogenic RSLs slightly (less than two fold).  For example, the residential soil non-carcinogenic RSL changes from 72 to 51 parts per trillion (ppt). However, the carcinogenic RSL for residential soils of 4.5 ppt dioxin remained unchanged.

    Other additions and revisions include:

    • Uranium (Soluble Salts) Agency for Toxic Substances and Disease Registry (ATSDR) Reference Concentration (RfC) was removed because it was draft.
    • Cyanides, Sodium Cyanide, Potassium Cyanide, Potassium Silver Cyanide, and Calcium Cyanide have new IRIS Reference Doses (RfDs).
    • Cresol, p-chloro-m- and Cresol, -p now have the ATSDR RfD for Cresols.
    • Tetrahydrofuran (IRIS), Hexamethylphosphoramide (Provisional Peer Reviewed Toxicity Values – PPRTV) and Sulfalone (PPRTV) are new chemicals to the RSLs, and their source for toxicity criteria referenced as IRIS or PPRTV.

    Where can I get more information?

    For more information on the updated EPA RSLs, please contact Tom Biksey at 724-884-6724 and tom.biksey@ehs-support.com, or Chrissy Peterson at 412-925-1385 and chrissy.peterson@ehs-support.com

    Where can I find the RSLs?

    http://www.epa.gov/reg3hwmd/risk/human/rb-concentration_table/index.htm

  • March 2012 - OSHA Revises Hazard Communication Standard

    OSHA Revises Hazard Communication Standard

    The U.S. will now use warning labels and standardized language developed through the United Nations (UN) to communicate hazardous chemical information. On March 26, 2012, U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published the final rule revising the Hazard Communication Standard (HCS) at 29 Code of Federal Regulations (CFR) 1910.1200. By issuing this final rule, the U.S. will adopt the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

    What are some of the changes to the HCS?

    Modifications to the HCS include:

    • Revised criteria for classification of chemical hazards
    • Revised labeling provisions that include requirements for use of standardized signal words, pictograms, relevant hazard statements, and precautionary statements
    • A specified format for safety data sheets (SDS), which now includes 16 sections, covering areas such as substance and hazard identification, first-aid measures, and physical and chemical properties (the term SDS will replace the term MSDS)
    • Related revisions to definitions of terms used in the standard, and requirements for employee training on labels and safety data sheets.

    One notable change is the revision of the “unclassified hazards” category, which has been renamed “hazards not otherwise classified.” Employers would identify adverse or physical health effects through evaluation of scientific evidence during the classification process; however, there would likely be very few hazards outside of those covered by specific criteria of the rule.The final standard includes 10 health hazard categories and 16 physical hazard categories.

    Health Hazard Categories

    • acute toxicity
    • skin corrosion or irritation
    • serious eye damage or eye irritation
    • respiratory or skin sensitization
    • germ cell mutagenicity
    • carcinogenicity
    • reproductive toxicity
    • specific target organ toxicity through single exposure
    • specific target organ toxicity through repeated exposure
    • aspiration

    Physical Hazard Categories

    • explosives
    • flammable gases
    • flammable aerosols
    • oxidizing gases
    • gases under pressure
    • flammable liquids
    • flammable solids
    • self-reactive chemicals
    • pyrophoric liquids
    • pyrophoric solids
    • self-heating chemicals
    • chemicals in contact with water that emit flammable gases
    • oxidizing liquids
    • oxidizing solids
    • organic peroxides
    • corrosive to metals


    OSHA is retaining the requirement to include the American Conference of Government Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs) on the SDS in the revised HCS.  OSHA now includes dusts under its definition for hazardous chemicals, requiring that employers account for them on SDSs and in worker training.  OSHA is also modifying provisions of two other standards, including standards for flammable and combustible liquids, process safety management, and most substance-specific health standards, to ensure consistency with the modified HCS requirements.

    When does the final rule become effective?

    The final rule becomes effective on May 25, 2012, which is 60 days after the publication of the final rule in the federal register (77 FR 17574).

    According to the OSHA Fact Sheet for the HCS Final Rule, chemical users and producers should be aware of the following deadlines:

    • Chemical Users:  Continue to update SDS when new ones become available, provide training on the new label elements, and update hazard communication programs if new hazards are identified.
    • Chemical Producers:  Review hazard information for all chemicals produced or imported, classify chemicals according to the new classification criteria, and update labels and safety data sheets.

    Effective Completion Date

    Requirement(s)

    Who

    December 1, 2013

    Train employees on the new label elements and SDS format.

    Employers

    June 1, 2015*

    December 1, 2015

    Comply with all modified provisions of this final rule, except:

    Distributors may ship products labeled by manufacturers under the old system until December 1, 2015.

    Chemical manufacturers, importers, distributors and employers

    June 1, 2016

    Update alternative workplace labeling and hazard communication programs as necessary, and provide additional employee training for newly identified physical or health hazards.

    Employers

    Transition Period

    Comply with either 29 CFR 1910.1200 (this final standard), or the current standard, or both.

    All chemical manufacturers, importers, distributors and employers

     

    * This date coincides with the European Union implementation date for classification of mixtures.

    During the phase-in period, employers would be required to be in compliance with either the existing HCS or the revised HCS, or both. From the information available on the OSHA website, OSHA recognizes that hazard communication programs will go through a period of time where labels and SDSs under both standards will be present in the workplace.  This will be considered acceptable, and employers are not required to maintain two sets of labels and SDSs for compliance purposes.

    Where can we find more information?

    The OSHA FactSheet for HCS Final Rule, in addition to other information and guidance, is available at http://www.osha.gov/dsg/hazcom/index.html

    To view the HCS final rule in the federal register, go to https://www.federalregister.gov/articles/2012/03/26/2012-4826/hazard-communication

    The GHS can be reviewed at the United Nations Economic Commission for Europe’s website at http://www.unece.org/trans/danger/publi/ghs/ghs_welcome_e.html

    For more information, please contact Amy Bauer at 251-533-6949 and amy.bauer@ehs-support.com or Tom Biksey at 724-884-6724 and tom.biksey@ehs-support.com or for more information.

  • February 2012 - TIER 1 / TIER II Reporting for Covered Facility Owners/Operators
    TIER 1 / TIER II Reporting for Covered Facility Owners/Operators:
    • If your facility is required to prepare/have an MSDS under OSHA, you must prepare and submit to the SERC, LEPC and LFD, an emergency and hazardous chemical inventory form (Tier I or Tier II).
    • Forms must be submitted annually by March 1.

    For more information regarding Tier I/Tier II reporting, visit http://www.epa.gov/osweroe1/content/epcra/tier2.htm

    TOXIC CHEMICAL RELEASE INVENTORY REPORTING FOR OWNERS/OPERATORS OF CERTAIN MANUFACTURING FACILITIES (facilities in SIC Codes 20 through 39 that have 10 or more full-time employees, and that manufacture, import, process, or otherwise use a listed toxic chemical in excess of established threshold quantities):

    • Submit reports on the amounts of listed “toxic chemicals” released into the environment, either routinely or as a result of an accident, and information on source reduction and recycling activities.

    • The report must reflect the preceding calendar year’s releases to air, water, land, and/or POTWs, and transfers to off-site locations for proper treatment, storage, or disposal.

    • The Toxic Chemical Release Inventory Reporting Form (“Form R”) is used to report specific information annually on or before July 1.

    For information about toxic chemical reporting, visit http://www.epa.gov/tri/report/

    Contact Amy Bauer at (251) 533-6949 or amy.bauer@ehs-support.com for more information.

  • February 2012 - NESHAPs for Major Sources Industrial, Commercial, Institutional Boilers and Process Heaters

    NESHAPs for Major Sources Industrial, Commercial, Institutional Boilers and Process Heaters

    EPA Requests Comments on December 2011 Proposed Rules and D.C. District Court Vacates EPA’s Stay of Industrial Boiler MACT Rule
    In December 2011, United States Environmental Protection Agency (EPA) proposed revisions to 40 Code of Federal Regulations (CFR) 63, subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, also known as the Boiler MACT rule.  The Boiler MACT rule sets maximum achievable control technology (MACT) requirements for emissions of toxic air pollutants from industrial boilers located at major sources of hazardous air pollutants (HAPs).  A major source emits, or has the potential to emit, 10 tons per year (tpy) of any single HAP or 25 tpy or more of any combination of HAPs.  EPA established MACT based on the level of emissions control achieved by the best performing similar sources.

    A brief outline of the progress of the Boiler MACT rule is listed below:

    • Due to an order issued by United States District Court for the District of Columbia (D.C. District Court), on March 21, 2011, EPA promulgated the Industrial Boiler MACT (76 Federal Register [FR] 15608) to become effective on May 20, 2011.  SeeSierra Club v. Jackson, Civil Action No. 01-1537, 2011 WL 181097 (D.C. Cir. January 20, 2011).
      • On the same day, EPA published a notice announcing its intent to reconsider certain provisions in the final rule.  76 FR 15249.
      • On May 18, 2011, EPA subsequently issued a delay of effective date of the final rule until judicial review was complete, or the agency finalized its reconsideration of the rule, whichever is earlier.  76 FR 28662.
    • On December 23, 2011, EPA published a proposed rule to reconsider and request comment on several provisions of the final rule, and propose amendments and technical corrections to the final rule. Comments must be received on or before February 21, 2012.  76 FR 80598.
    • On January 9, 2012, in response to Sierra Club’s lawsuit, D.C. District Court vacated EPA’s May 18, 2011, stay of the Industrial Boiler MACT rule, which reinstates the original deadlines and requirements defined in the Industrial Boiler MACT rule promulgated on March 21, 2011.  For example, facilities will need to come into compliance with emissions limitations by March 2014.

    The status of this complex rulemaking will be discussed in further detail below, but first, we will summarize the December 2011 proposed rules.

    What is included in the December 2011 proposed rules?

    • Major Source Boilers:
      • Subcategories for major source boilers.
      • Fuel specifications for gas-fired boilers other than natural gas units for major source boilers.
      • Work Practices for limited use major source boilers.
      • Carbon Monoxide monitoring requirements for major source boilers.
      • Dioxin emission limits and testing requirements for major source boilers.
    • Commercial/Industrial Solid Waste Incinerator limits and definitions.

    Are significant changes proposed for major sources?

    The December 2011 proposed rule included the development of 17 subcategories of boilers, 14 of which are subject to new emissions limits.  The remaining three subcategories are subject to work practice requirements instead of numerical emission limits.  Other highlights of the rule, such as modifications to the compliance demonstration requirements, are listed below:

    • Changes to emissions limits for particulate matter (PM), carbon monoxide (CO), hydrogen chloride (HCL), and mercury (Hg).
    • Emission limits for dioxin and furan are replaced by work practices in the proposed rule due to inconsistencies in the EPA data.
    • Several types of industrial boilers remain exempt from proposed emission limits, including natural gas fired boilers, boilers with a heat input capacity of less than 10 million British Thermal Units per hour (mmBtu/hr) and units that operate less than 876 hours per year.
    • Incinerators, which burn “secondary solid waste” as defined in the Non-Hazardous Secondary Materials (NHSM) rule, are covered under a separate rule that has also been re-proposed as the Commercial and Industrial Solid Waste Incinerator (CISWI) rule.
    • Of the 14 new combustion technology classifications for which emissions limits are set, 3 are for coal fired boilers, 2 are for liquid fuel boilers, and the remaining 7 classifications are for a variety of biomass units:
      • There is the option to meet CO limits based on either stack test results or continuous emissions monitoring (CEM) data.
      • EPA determined that HCL and Hg are “fuel-based” pollutants and thus, emissions are dependent of the type of fuel used in the boiler.
      • EPA established that PM and CO are combustion based fuels and thus, are dependent on the process used to combust the fuel.
      • As with previous versions of the rule, existing units are subject to different limits than new or reconstructed units.
    • EPA also revised the definitions for “startup” and “shutdown” to include only those times during which the boiler is operating from 0 to 25 percent of its full load.  This is significant because it means that when the unit is operating between 25 percent and 100 percent, it must meet the numerical emission limits for that boiler, rather than the more flexible startup and shutdown work practices.

    Should my company implement the requirements of the December 2011 proposed rule?

    As indicated above, on January 9, 2012, D.C. District Court reinstated the original deadlines and requirements defined in the Industrial Boiler MACT rule.  This will likely reignite the Congressional debate on the so-called “EPA Regulatory Relief Act” being considered by the House and Senate (H.R. 2250 and S.B. 1392) that if passed would extend the implementation of the Industrial Boiler MACT rule by at least another fifteen months.  Industrial Boiler MACT compliance is a moving target and industry will need to stay informed on the progress of this rulemaking.

    As for the December 2011 proposed rules, it is important to remember that EPA’s limits and practices in the December 2011 proposed rules are not final, and comments being accepted until February 21, 2012.  Depending on information that the EPA receives during the comment period, the requirements, and possibly emissions limits, of the final rule may be different than what is currently proposed.  Currently, EPA plans to have the final rule published in April 2012; however, depending on the number of comments received and the scope of any revisions to the rule, the timeline may change.

    Where can we find more information?

    EPA announcements relating to Industrial, Commercial, Institutional Boilers and Process Heaters can be found at http://www.epa.gov/ttn/atw/boiler/boilerpg.html.
    For more information, please contact Rebecca Day at 412-439-9045 and rebecca.day@ehs-support.com or Amy Bauer at 251-533-6949 at amy.bauer@ehs-support.com for more information.

  • February 2012 - NESHAPs for Area Sources Industrial, Commercial, and Institutional Boilers

    NESHAPs for Area Sources Industrial, Commercial, and Institutional Boilers

    EPA Reconsiders Final Rule

    In December 2011, United States Environmental Protection Agency (EPA) proposed reconsideration of 40 Code of Federal Regulations (CFR) 63, subpart JJJJJJ, National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers, also known as the Boiler MACT rule.  The rule sets maximum achievable control technology (MACT) requirements for emissions of toxic air pollutants from industrial boilers located at area sources of hazardous air pollutants (HAPs).  An area source emits, or has the potential to emit, less than 10 tons per year (tpy) of any single HAP or 25 tpy or more of any combination of HAPs.  EPA established MACT based on the level of emissions control achieved by the best performing similar sources.

    A brief outline of the progress of the Boiler MACT rule is listed below:

    • Due to an order issued by United States District Court for the District of Columbia (D.C. District Court), on March 21, 2011, EPA promulgated the Industrial Boiler MACT for two area source categories:  industrial boilers, and commercial and institutional boilers (76 Federal Register [FR] 15554) to become effective on May 20, 2011.  SeeSierra Club v. Jackson, Civil Action No. 01-1537, 2011 WL 181097 (D.C. Cir. January 20, 2011).
    • EPA also announced on March 21, 2011, its intent to convene a proceeding for reconsideration of certain portions of those final emissions standards.  76 FR 15249.
    • On December 23, 2011, EPA published a proposed rule to reconsider specific elements and accepting public comment on those elements on or before February 21, 2012.  76 FR 80532.  EPA is not requesting comment on any other provisions of the final rule.

    What is EPA reconsidering in the December 2011 proposed rule?

    • Area Source Boilers:
      • Standards for biomass and oil-fired boilers for area source boilers.
      • Particulate matter (PM) standards for oil-fired area source boilers.
      • Applicability of Title V permitting requirements for area source boilers.

    A summary of proposed changes for area sources can be found in a synopsis prepared by EPA at http://www.epa.gov/ttn/atw/boiler/proposed_changes_summary_120711.docx
    One notable change is that all existing boilers subject to the tune-up requirement would have two years (by March 21, 2013) in which to demonstrate compliance instead of one year (by March 21, 2012).

    Should my company implement the requirements of the December 2011 proposed rule?

    It is important to remember that EPA’s limits and practices in the December 2011 proposed reconsideration of the rule are not final, and comments are being accepted until February 21, 2012.  Depending on information that the EPA receives during the comment period, the requirements, and possibly emissions limits, of the final rule may be different than what is currently proposed.  Currently, EPA plans to have the final rule published by April 2012; however, depending on the number of comments received and the scope of any revisions to the rule, the timeline may change.

    EPA has indicated that if they have not taken final action on the initial compliance date for tune-ups prior to the date (March 21, 2012) for initial compliance, EPA under Clean Air Act section 307(d)(7)(B) will consider staying the effectiveness of the rule for 90 days to allow sufficient time to complete reconsideration.

    Where can we find more information?

    EPA announcements relating to Industrial, Commercial, Institutional Boilers and Process Heaters can be found at http://www.epa.gov/ttn/atw/boiler/boilerpg.html

    For more information, please contact Rebecca Day at 412-439-9045 and rebecca.day@ehs-support.com or Amy Bauer at 251-533-6949 at amy.bauer@ehs-support.com for more information.