Volume 21 • June 2006

REGULATORY UPDATE

OSHA Issues Final Hexavalent Chromium Standard

The Occupational Safety and Health Administration (OSHA) has issued a final standard applicable to general industry, construction, and shipyards for occupational exposures to hexavalent chromium.  The newly published standard, effective May 31, 2006, lowers the standard from 52 to 5 micrograms per cubic meter of air as an 8-hour time-weighted average.  In addition to the new standard, provisions have been published relating to methods for controlling exposure, respiratory protection, protective work clothing and equipment, hygiene areas and practices, medical surveillance, hazard communication, and recordkeeping.  With the exception of engineering controls, all provisions of the new standard must be met within 180 days from the effective date.  For more information, refer to the Federal Register Notice [ 9.4 Mb PDF ], to OSHA’s website at www.osha.gov, or contact Patrick Kirkham at (724) 775-2910.

EPA Promulgates Revisions to MACT SSM Requirements

On April 20, 2006, U.S. EPA promulgated changes to requirements for startup, shutdown, and malfunction (SSM) plans under the Maximum Achievable Control Technology (MACT) rules for hazardous air pollutants.  The SSM requirements are set forth in the General Provisions (Subpart A) of 40 CFR Part 63.  The SSM changes remove the previous requirement that the SSM plan must be followed during periods of SSM, as long as emissions are minimized at all times.  The changes also clarify that reporting and recordkeeping is required for SSM periods only if the applicable emission standard is exceeded.  For further information, refer to the Federal Register Notice, or contact Kent Berry at (800) 229-4299

REGULATORY HIGHLIGHT

DOT Security Plans

Many activities require the development and implementation of a Department of Transportation Security Plan (see 49 CFR Part 172, Subpart F).  The most common activity that subjects a company to this regulation is initiating or transporting a quantity of hazardous material that requires placarding under the provisions of 49 CFR Part 172, Subpart F.  Therefore, if your company initiates a shipment or transports a load that requires placarding, then a DOT Security Plan must be developed and implemented.  A Security Plan has three components: personnel security, unauthorized access, and en route security.  The Security Plan must assess possible transportation security risks for shipments of hazardous materials and identify measures to address the assessed risks.  The requirement for this plan has been in place for almost 3 years (since September 25, 2003), but shippers and transporters must revise and update their Security Plan as necessary to reflect changing circumstances.  If you need assistance in developing or updating your facility’s DOT Security Plan, please contact Mike Arozarena at 513-825-7500.

PROJECT HIGHLIGHT

EQ Managing Hazardous Waste Management and Container Processing Facilities at Tinker Air Force Base

In April 2006, EQ began work on a $2.5M three-year contract with the U.S. Air Force to operate and maintain the Hazardous Waste Management Facility (HWMF) and Container Processing Facility (CPF) at Tinker Air Force Base in Oklahoma City.  Containers of hazardous waste are picked up daily from as many as 500 accumulation points throughout the Base and then transported to the HWMF/CPF for sampling/analysis, classification, consolidation, segregation, and temporary 90-day storage.  On average, EQ will process 950 containers of hazardous waste per month.  Emptied containers are cleaned at the CPF for reuse or they are crushed for recycling.  All containerized waste stored at the HWMF is shipped off site within 90 days to permitted treatment, storage, or disposal facilities.

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