NEWS & VIEWS

HAZARDOUS WASTE MANIFEST REMINDER

Remember that U.S. EPA has revised the hazardous waste manifest. The redesign includes seven sections being discontinued, with at least six sections being new or requiring more information. The new manifest is mandated for use in all states, eliminating separate versions that have been in use by various states. New requirements for hazardous waste generators and transporters are located in 40 CFR parts 262-263. Use of the new manifest becomes effective on September 5, 2006 and must be employed by all large and small quantity hazardous waste generators, hazardous waste transporters, and permitted waste facilities.

U.S. EPA and U.S. CENSUS BUREAU POLLUTION SURVEY

A Pollution Abatement Costs and Expenditures (PACE) survey has been mailed at random to approximately 20,000 manufacturing plants across the country. North American Industrial Classification System (NAICS) categories 311 to 339 (excepting 315) are affected. The survey is being conducted on behalf of EPA and the Census Bureau and is meant to collect information regarding pollution abatement capital expenditures and operating costs so as to judge the impact of these costs on the economy. If your facility has received a PACE survey, completing it is mandatory, and the instructions indicate that failing to complete it may subject your facility to a fine. There are also instructions regarding what to do in the cases of facilities having been sold or out of business. Additional information about the survey is available at http://help.econ.census.gov/BHS/PACE/About.html .

SPCC PLAN FINAL RULE DEADLINES EXTENDED - - AGAIN

Earlier this year U.S. EPA extended, for the fourth time, its deadlines for preparing or amending facility oil Spill Prevention, Control, and Countermeasures (SPCC) plans. The new deadlines are as follows:

• A facility in operation on or before August 16, 2002 must make any necessary amendments to its SPCC Plan, and implement that plan, on or before October 31, 2007;
• A facility that came into operation after August 16, 2002 must also prepare and implement an SPCC Plan on or before October 31, 2007; and
• A mobile facility must prepare or amend and implement and SPCC Plan on or before October 31, 2007.

The original ruling of July 2002 required facilities to update their SPCC Plans to meet new standards and have the Plans recertified by a professional engineer. SPCC Plans must be reviewed every 5 years and modified within 6 months of significant changes.

TRI REPORTERS TO USE N.A.I.C.S. CODES

The U.S. EPA has decided to change the industrial coding used for industrial facilities reporting annually under the Toxics Release Inventory (TRI) system. Starting with the calendar year 2006 report due in July 2007, affected companies must identity their principal business activity using the North American Industry Classification System codes. In past years, businesses used the Standard Industrial Classification (SIC) codes. If you’re not sure what the NAICS codes are for your industry, more information is available regarding the new codes at www.epa.gov/tri/tridata/naics or at www.naics.com.

HALOGENATED SOLVENT EMISSION CAPS PROPOSED

On August 9, 2006, U.S. EPA proposed amendments to the air toxics standards for facilities using halogenated solvent cleaning, e.g., methylene chloride, perchloroethylene, and trichloroethylene. The proposal states that new emission caps “would result in increased health protection for the public and cost savings for the industry”. Air toxics rules were set for this industry in 1994, with control standards for major and area sources of emissions. The proposed rule would set additional requirements for major sources, yet provide affected facilities with flexibility to reduce their emissions using “any traditional methods available”. EPA’s stated goals are to reduce total air toxics emissions from 60 to 70 percent, or by 5,800 to 6,700 tons per year. As for reduction in health risk, EPA states that in the first reduction case, people living close to a halogenated solvent cleaning facility would be exposed to a risk level of less than 1 in a million – a level considered to be of little concern. Savings would reportedly come from decreased use of solvent, use of less expensive solvent, reduced cleaning time, and equipment modifications. Industry can submit comments to this proposal for 45 days following its pubication in the Federal Register. The proposed action is on EPA’s website at http://www.epa.gov/ttn/oarpg/t3pfpr.html.