Regulatory Waves
Draft California LUFT Guidance Manual
California Vehicle Tire Pressure Regulation
Changes to CARB Carl Moyer Grant Program Guidelines
Future Coal Ash Regulation
California Mercury Thermostat Recovery Regulation
NPDES Pesticide General Permit
DOT Revises Security Plan Requirements
Are You Ready for Globally Harmonized System?
Lead Dust Enforcement Update
What to do with Waste Pharmaceuticals?
Training Opportunities

CES Services

ro reunion head and shoulders

Rosalie can assist you with any environmental compliance issue, including audits, air, water, waste permits, waste minimization, SPCC, SWPP plans for industry and construction sites, Underground Storage Tanks, and litigation support for petrochemical industries and others. Email Rosalie. If we can't help you, we know someone who can !


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

new email logo

Draft California LUFT Guidance Manual
Comments are being accepted until October 1, 2010 on the draft State Water Resources Control Board (SWRCB) Leaking Underground Fuel Tank (LUFT) Guidance Manual. The almost 200-page document is a dramatic change from the existing 1989 version. Submit comments on the draft either online or to coordinator's email.

California Vehicle Tire Pressure Regulation
Attention auto service providers and fleet maintenance contractors of vehicles less than or equal to 10,000 pounds. As part of California's 2006 California Global Warming Solutions Act, also known as AB32, several Early Action strategies were identified that were to be effective no later than January 1, 2010. The Tire Pressure Strategy was identified as one of these Early Actions. While current Federal law requires auto manufactures (as of September 1, 2007) to install tire pressure monitoring systems in all new vehicles, owners of older vehicles will lack this tool to help them reduce their climate change emissions.

The CARB Tire Pressure Regulation was approved by the Office of Administrative Law on August 30, 2010. The petition for an early effective date of September 1, 2010 was granted; there is no grace period. Requirements including taking measurements with an accurate gauge, additional recordkeeping, and maintaining appropriate tire inflation references. Read about the history of this new law. FAQs are also available.

Changes to CARB Carl Moyer Grant Program Guidelines
The Carl Moyer Program provides grants to reduce emissions from various sources including on-road and off-road motor vehicles and agricultural engines operating throughout California. As part of the Guideline revisions, CARB is hosting two public workshops to explain the proposed revisions, and receive comments on the potential modifications to the Guidelines. These proposed Guideline revisions are scheduled to be presented to the Board at a public meeting in March 2011.
September 28
9:00 a.m. - 12 noon
Cal/EPA Headquarters Building
Sacramento, CA

A second workshop is scheduled for September 29 in El Monte.

Future Coal Ash Regulation
EPA is hosting seven public hearings around the country on a proposed regulation of coal ash, the waste generated from coal-burning power plants. The coal ash is commonly referred to as coal combustion residuals (CCR). The regulation is in response to a coal ash spill in 2008 where more than 5 million cubic yards of coal ash breached a dike at a Tennessee Valley Authority Kingston plant, spilling the sludge into neighboring homes and waterways. The proposed rule was issued on June 21, 2010 and a Technical Correction Notice was issued on August 20, 2010. The comment receive date has recently been extended to November 19, 2010.

Two management options are being considered. One phases out surface impoundments and moves all coal ash to landfills. The other allows coal ash to be disposed of in surface impoundments but with stricter safety criteria. No changes are proposed for the beneficial use of CCR which are currently exempt from hazardous waste regulation. Transcripts for past outreach webinars are available.

California Mercury Thermostat Recovery Regulation
California law (AB 2347 from 2008) mandates that manufactures are required to develop and implement a collection program for out-of-service mercury-added thermostats that will become waste annually. The Mercury Thermostat Collection Act of 2008 requires DTSC to adopt regulations before January 1, 2012 that 1) develop performance requirements to specify collection rates expressed as a percentage of out-of-service mercury-added thermostats becoming waste annually and 2) establish a methodology for the calculation of the annual collection requirements for manufacturer-run collection programs. A Q&A summary from the August 24 workshop is available; however, comments were to be submitted by September 7, 2010. DTSC is currently working on a database system for the annual reports and the draft regulations. Another workshop is scheduled for October 20, 2010.

Remember that any person that handles or transports any of these mercury-added thermostats, including contractors who install heating, ventilation, or air conditioning components and building demolition professionals, remember to manage the waste in accordance with Universal Waste requirements. Flyers for HVAC Technician Construction and Demolition Professional are available.

NPDES Pesticide General Permit
After April 9, 2011, discharges into a water of the state from pesticide applications located in states where EPA is the NPDES permitting authority will require coverage under a NPDES permit. Example states include AK, ID, MA, NH, NM, OK and Indian Country lands nationwide. A proposed Pesticide General Permit has been drafted by EPA. Pesticide uses covered by this General Permit include:
  • Mosquito and Other Flying Insect Control
  • Aquatic weed and Algae Control
  • Aquatic Nuisance Animal Control
  • Forest Canopy Pest Control
The plan is for the General Permit to be final by December 2010 with outreach scheduled for January to April 2011. Permits will be required April, 10 2011. The program website includes the General Permit Fact Sheet and FAQs.

DOT Revises Security Plan Requirements
In consultation with the Department of Homeland Security and based on an evaluation of the security risks associated with specific types and quantities of hazardous materials, the DOT's Pipeline and Hazardous Materials Safety Administration is revising the security plan requirements for shippers and carriers of hazardous materials. DOT is narrowing the list of materials with a potential for misuse in a terrorist incident as well as clarifying requirements related to security planning, training, and documentation. The final rule also clarifies certain requirements related to security plan components, training, and documentation. The rule becomes effective October 1, 2010.

The current list found in 49 CFR 172.800(b) currently identifies seven categories, including placardable quantities. The new list identifies 16 very specific categories of hazardous materials, most of which have threshold quantities. Under the revised rule issued earlier this year, you must develop and implement a written security plan under 49 CFR 172.802 based on a site specific risk assessment if you carry or offer for shipment any of the listed hazardous materials.

Are You Ready for Globally Harmonized System?
The Global Harmonized System (GHS) is not a regulation or a standard. The GHS Document (referred to as "The Purple Book") establishes agreed hazard classification and communication provisions with explanatory information on how to apply the system for hazard communication (e.g., labels and Safety Data Sheet). Regulatory authorities in countries adopting the GHS will take the agreed criteria and provisions, and implement them through their own regulatory process and procedures rather than simply incorporating the text of the GHS into their national requirements. This helps ensure the safe use of chemicals as they move through the product life cycle from "cradle to grave."

At least Canada, US, Australia, EU, UK, China, Japan, and countries in South America have agreed to adopt the GHS. In the US, the GHS will affect OSHA, DOT (all three modes), EPA (pesticides), and Consumer Product Safety Commission. A summary of the status of each country's GHS implementation is available. Chemical manufacturers of "substances" must be in compliance by December 2010; Manufacturers of "mixtures" or "preparations" (REACH) must be in compliance by December 2015. All other materials (e.g., articles) will be captured by 2020. Are you prepared?

Lead Dust Enforcement Update
On April 22, 2010, the EPA's Lead Renovation, Repair, Painting (RRP) rule went into effect. The new rule requires contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 to be certified and follow specific work practices to prevent lead contamination. Although the EPA recently extended the enforcement deadline until October 1st, contractors are enrolling in certification courses across the country to learn about lead safe work practices and the tools needed to meet the new standard. EPA will not enforce against individual renovation workers if the person has applied to enroll in, or has enrolled in a certified renovator class to train contractors in practices necessary for compliance with the final rules by no later than September 30. Renovators must complete the training by December 31. A free 1-hour webinar is being offered by Nilfisk to help you understand the requirements.
Free Webinar
October 6
11:00 a.m. PST
The ABC's of the RRP: A General Overview of the EPA's New Lead Rule and Best Cleaning Practices

What to do with Waste Pharmaceuticals?
Attention hospitals, medical clinics, doctor's offices, veterinarians, and Long-Term Care facilities: To reduce the amount of pharmaceuticals that end up in water bodies, EPA has drafted a Best Management Practices document for unused pharmaceuticals at healthcare facilities. The draft guidance document, dated August 26, 2010, is about 30 pages and includes relevant, cost-effective, and easy-to-implement management options. The draft document includes:
  • Methods for identifying and managing types of unused pharmaceuticals
  • Techniques for reducing or avoiding pharmaceutical waste
  • Recommended management options
  • Applicable disposal regulations
Comments on the draft are due by November 8, 2010.

Training Opportunities
Date Location/Time Events Comments More Info
9/15 Santa Clara, CA BAESG CUPA Roundtable and Regulatory Update 3-hour CUPA Roundtable and Regulatory Update / Q&A More Info
9/20 - 9/21 Santa Ana, CA Federal and California Environmental Regulations Compliance Seminar, Instructor: Norman Wei, Environmental Management and Training, LLC Practical instruction to help you decipher differences in federal and state environmental regulations. More Info
9/22 Free Webinar
11:30 am - 12:30 pm
UC Irvine Extension Legal Issues and Energy for Business More Info
9/22 San Francisco DTSC Workshop on State and Federal Nanomaterial Activities Carbon nanotubes More Info
9/23 Oakland, CA / Webcast DTSC Symposium - Life Cycle Analysis 101 Green Chemistry and Safer Consumer Products More Info
10/4 - 10/6 New Orleans, LA Convention Center WEFTEC 2010 Annual conference and expo for wastewater professional More Info
10/6 - 10/8 Las Vegas, NV WaterSmart 2010 Innovations Conference and Expo Conference and Expo More Info
10/13 Westwood UCLA / Webcast Nano in the Workplace Will focus on techniques and approaches which can be used to anticipate, recognize, evaluate and control occupational exposures. More Info
10/14 SCAQMD
12:00 noon - 1:00 p.m.
Case Study for Risk Regulations and Innovative Solutions Pierre Sycip - Air Quality Specialists, SCAQMD More Info
10/19 - 10/20 Westin Hotel, Long Beach, CA SLC Biennial Pollution Prevention Symposium & Technology Exhibition Prevention First-Onshore and Offshore More Info
10/21 - 10/22 Catamaran Hotel, San Diego IEA/CMTA/CICC Statewide Environmental Summit CA Regulatory Landscape - Getting It Right More Info
10/26 UC Berkeley Green Chemistry in Higher Education Success stories and needs analysis in establishing green chemistry curricula More Info
10/27 - 10/28 Bahia Hotel, San Diego, CA Western Sustainability and Pollution Prevention Network (WSPPN) Annual Conference One of the best Pollution Prevention (P2) conferences in the country More Info
10/29 Anaheim Disneyland Hotel Mobility 21 9th Annual Southern California Transportation Summit Delivering Sustainable Solutions More Info
11/1 - 11/4 Washington DC, Marriott 2010 National USEPA Training Conference on the TRI and Environmental Conditions in Communities Presentations, Exhibits, Posters; Travel Scholarships Available More Info
11/2 - 11/4 Marriott Downtown Los Angeles A&WMA Symposium Air Quality Measurement Methods and Technology More Info
11/2 - 11/3 Westin Mission Hills, Rancho Mirage, CA CASQA 2010 Stormwater Conference Municipal, industrial, and construction stormwater issues More Info
11/7 - 11/12 Salt Lake City , Utah 2010 AIChE Annual Meeting Environmental Sustainability, Hydrogen, Oil, and Gas Production, Nanotechnology in Medicine, Green Process Engineering, and Quality by Design (QbD) More Info