Regulatory Waves
 
 
CARB Regulatory Relief for In-Use, Off-Road Diesel Vehicles
SCAQMD Establishes 6-month "Permit Application Penalty Holiday"
SCAQMD Carl Moyer Program Funding Deadline
Hydrogen Sulfide to be Reported under SARA Title III TRI?
DTSC Regulatory Calendar
Easier Way to Find Current and Proposed Regulations
DTSC EcoTracker
DTSC Wet Floor Electroplating Guidance
DTSC Issues Proposed Framework for Safer Consumer Products
EPA's Lead-Based Paint Rule Effective April 22, 2010
Training Opportunities

CES Services

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Thought that you might appreciate some environmental compliance news and training opportunities relevant for March and April 2010.

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CARB Regulatory Relief for In-Use, Off-Road Diesel Vehicles
A recent CARB enforcement advisory appears to provide welcome regulatory relief to affected fleets of in-use, off-road diesel vehicles in California at least until late Summer 2010. The relief is primarily due to CARB's lack of USEPA authorization to enforce certain aspects of the regulation in addition to the continuing effects of the economy on industries (e.g., construction) that use off-road diesel vehicles.

Effective immediately, no enforcement action will be taken for non-compliance with the following requirements:

  • Fleet average or BACT requirements (vehicle retrofit and replacement),
  • Limitations on adding higher emitting Tier 0 and Tier 1 vehicles, and
  • Requirements for new fleets to meet fleet average targets to enter California.

Current regulatory provisions that remain enforceable include:

  • Idling limits
  • Reporting
  • Labeling, and
  • Sales Disclosure Requirements.
Also, large fleets must still comply with the April 1, 2010 reporting deadline.

SCAQMD Establishes 6-month "Permit Application Penalty Holiday"
SCAQMD's new "Permit Application Penalty Holiday" is designed to provide businesses a temporary opportunity to obtain all needed air quality permits without incurring late fees or violations if they take the necessary steps to bring their business into compliance. The program began February 5 and will continue through August 4, 2010. Proposed Rule 310 will formalize the process.

SCAQMD Carl Moyer Program Funding Deadline
SCAQMD is soliciting projects for this year's Carl Moyer Memorial Air Quality Standards Attainment Program. The deadline for submitting proposals for funding is May 7, 2010 at 1 p.m. The 2010 Carl Moyer Brochure provides additional information.

At least $20 million is available for projects that operate 75% of the time within the SCAQMD 4-county jurisdiction. Any public or private mobile source project that results in cost-effective PM and/or NOx reduction that is not subject to current regulations or within three years of a regulatory compliance deadline is eligible for the funding. Examples of heavy-duty on and off-road mobile equipment that may qualify for funding include on-road trucks over 14,000 lbs. gross vehicle weight, and off-road equipment such as construction and farm equipment; marine vessels; locomotives; forklifts; airport ground support equipment; and auxiliary power units. To be eligible for funds, projects must meet the cost-effective threshold of $16,000 per weighted ton of total reduced emissions, and be fully operational and completed prior to May 31, 2012.

General Information Workshops
March 9 and April 6, Diamond Bar
Construction Workshop
March 17, West Covina
March 25, Downey
Marine Vessel Workshop
April 7, San Pedro

Hydrogen Sulfide to be Reported under SARA Title III TRI?
On February 26, 2010, EPA published a notice in the Federal Register announcing that they are considering lifting the Administrative Stay of the SARA Title III Section 313 toxic release inventory (TRI) reporting requirements for hydrogen sulfide. An Administrative Stay excludes the chemical from the reporting requirements until the stay is lifted. Hydrogen sulfide was added to the Section 313 list of toxic chemicals in December 1, 1993. EPA issued an Administrative Stay for hydrogen sulfide in 1994 to evaluate issues brought to the Agency's attention after promulgation of the final rule.

EPA has now completed its further evaluation. Based on this evaluation, EPA believes that the Administrative Stay should be lifted. EPA is not revisiting the original listing decision, rather, EPA is merely presenting its rationale for why the Administrative Stay of the reporting requirements for hydrogen sulfide should be lifted. After consideration of comments received before April 27, 2010, the Agency will issue another Federal Register document responding to comments and taking appropriate action.

DTSC Regulatory Calendar
California law requires each state agency to publish a rulemaking calendar by January 30th each year. DTSC published their calendar, but there are other ways to maintain current on California regulation status.

The online version of the California Regulatory Notice Register is published weekly by the Office of Administrative Law (OAL) includes the proposed actions on regulations and final regulations filed with the OAL. An annual hardcopy subscription to the California Regulatory Notice Register is available for purchase online from Barclays.

Easier Way to Find Current and Proposed Regulations
EPA has launched its new Rulemaking Gateway, that serves as a portal to EPA's priority rules. Rulemaking Gateway provides information as soon as work begins and provides updates on a monthly basis as new information becomes available. Time-sensitive information, such as notices of public meetings, is updated on a daily basis.

Rulemaking Gateway complements Regulations.gov, the federal government's main portal for tracking rules from all federal agencies, by providing brief overviews of specific EPA rules and additional ways to search rules based on the phases they are in (e.g., pre- proposal, proposal), the topics they relate to (e.g., air, water), and the impacts they might have (e.g., impacts on small businesses or environmental justice).

DTSC EcoTracker
Are you curious as to how the DTSC is performing? DTSC's new website, EcoTracker, allows a quick and easy way to measure the department's performance. This first phase of a data-driven tool allows the public to drill down to view historical performance in a graphical presentation. Topics include Environmental Justice, Enforcement, Science & Engineering Leadership, Organizational Excellence, and Green Chemistry. Examples include seeing how many contaminated sites have been closed, identifying how many new school locations have been evaluated, and assessing how effective the DTSC enforcement program has been. The EcoTracker will be continually updated and expanded as more performance measurement data becomes available.

DTSC Wet Floor Electroplating Guidance
DTSC has published a new Fact Sheet for Electroplating facilities that commonly experience "wet floor" liquid accumulation. "Wet floor" is not defined in California law or regulation. The solutions in the electroplating process or cleaning tanks may drip or leak onto the floor under the tanks when parts are moved from one tank to another in the line. Such a floor with accumulated drag-out is called a "wet floor". In the past, the concern has been that the facility may be accumulating hazardous waste on the floor without a permit. The Guidance covers waste determination, plating floor areas and equipment, and regulatory options primarily for Large Quantity Generators.

DTSC Issues Proposed Framework for Safer Consumer Products
A scientifically based framework to identify chemicals of concern (COC) to design safer consumer products sold in CA has been developed by DTSC during the first phase of the Green Chemistry Initiative. The framework includes the processes to prioritize COC in consumer products and a systematic means of comparing alternatives. The framework is outline in a Green Chemistry Initiative Flowchart. An outline of the proposed regulations is the next phase of the effort and will be available later this year.

EPA's Lead-Based Paint Rule Effective April 22, 2010
The Lead-Based Paint Renovation, Repair and Painting Program is a federal regulatory program 40 CFR Part 745, Subpart E affecting contractors, property managers, and others who disturb painted surfaces. It applies to residential houses, apartments, and child-occupied facilities such as schools and day-care centers built before 1978. Training, certification, and work practice requirements become effective April 22, 2010.

Activities that disturb paint include:

  • Remodeling and repair/maintenance
  • Electrical work
  • Plumbing
  • Painting
  • Carpentry
  • Window replacement
Exclusions include:
  • Housing built in 1978 or later
  • Housing for elderly or disabled persons, unless children under 6 reside or are expected to reside there
  • Zero-bedroom dwellings (studio apartments, dormitories, etc.)
  • Housing or components declared lead-free by a certified inspector or risk assessor
  • Minor repair and maintenance activities that disturb 6 square feet or less of paint per room inside, or 20 square feet or less on the exterior of a home or building

Firms may apply to EPA for certification to perform renovations or dust sampling. To apply, a firm must submit to EPA a completed "Application for Firms", signed by an authorized agent of the firm, and pay the correct amount of fees. A list of trainers accredited to provide lead renovator training is available on the EPA website "EPA-Accredited Renovation, Repair, and Painting Program (RRP) Training Providers"

Training Opportunities

Date Location/Time Events Comments More Info
3/9, 3/16 DTSC - Chatsworth, 9:00 a.m.  3:00 p.m. Course 106  Hazardous Waste Management in California
Instructed by Nabil Yacoub / Glen Forman / Andre Algazi / Charles Corcoran
Space Limited
Introductory - Hazardous waste generator standards; Container & tank standards; Preparedness, prevention and training Plans; Transportation; Onsite treatment; Recycling in California; Universal waste rule standards; Pollution prevention and best environmental practices; SB14; and Basic hazardous waste inspection More Info
3/10 Sacramento, 8:00 a.m. - 5:00 p.m. CyberSecurity Training FREE - Introductory training course on the Introduction to Industrial Control Systems Cyber security is being held, at the Regional Terrorism Threat Assessment Center More Info
3/15 - 3/16 Sacramento Workshop - California's Toxics Information Clearinghouse FREE - Sponsored by OEHHA and UC. Approaches to Implementation More Info
4/8 - 4/9 Diamond Bar Compliance Assistance Class: Annual Periodic Inspection Class for Gasoline Service Station Owners/Operators
$150
Required for anyone planning to conduct the annual inspections required by Rule 461. More Info
4/12 - 4/15 San Diego BioCycle West Coast Conference Trends and tools in waste diversion, composting, organics recycling, and renewable energy. More Info
4/20 DTSC - Chatsworth, 9:00 a.m. - 11:00 a.m. Course 108 - Hazardous Waste & Pollution Prevention for Metal Fabrication & Machinging Facilities. Instructed by Nabil Yacoub Space Limited Definition of waste and hazardous waste; Basic hazardous waste generator requirements; Basic concept of pollution prevention and chemicals alternatives; Know where to go for more information More Info
6/7 - 6/10 Las Vegas NFPA Conference & Expo Fire and Life Safety Presentations and over 300 exhibitors More Info