Revised BLM Rule On Fracking Operations

The Bureau of Land Management (BLM) has announced a proposed rule to require companies to publicly disclose the chemicals used in hydraulic fracturing operations on public and Indian lands, with appropriate protections for proprietary information. Currently, there is no specific requirement for operators to disclose these chemicals on federal and Indian lands. The proposed rule would require public disclosure of chemicals used during hydraulic fracturing after fracturing operations have been completed.

The draft rule, along with economic analysis and an appendix, also contains two additional, measures, including improving assurances on well-bore integrity to verify that fluids used in wells during fracturing operations are not escaping; and confirming that oil and gas operators have a water management plan in place for handling fracturing fluids that flow back to the surface.

In developing the proposed rule, BLM sought feedback from a wide range of sources, governments, industry, members of the public and other interested stakeholders. BLM began formal tribal consultations in January 2012 with tribal governments about the proposed rule's ongoing development, including outreach, communication and substantive discussions. Consultation with tribal leaders remains ongoing and will continue throughout the rulemaking process.

Once the proposed rule is published in the Federal Register, a 60-day public comment period will begin.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Reporting Under TSCA Chemical Data Reporting Rule

The new TSCA Chemical Data Reporting rule was finalized in November 2011, and the current reporting period is from February to June 2012. Any business that manufactured, processed or imported TSCA chemicals during 2010 and 2011 may be required to submit a report. This rule is a revision to the former Inventory Update Reporting (IUR) rule. Because this reporting is required every five years, many affected companies may not be aware of their TSCA reporting requirements under this rule.

Below is a link to a recent presentation on this new rule:

New TSCA Chemical Data Reporting Rules

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Trichloroethylene TCE Health Risk Assessment Completed

U.S. Environmental Protection Agency (EPA) has released the final health assessment for trichloroethylene (TCE) to the Integrated Risk Information System (IRIS) database. The final assessment characterizes the chemical as carcinogenic to humans and as a human noncancer health hazard. TCE is one of the most common man-made chemicals found in the environment and is frequently found at contaminated sites across Michigan. TCE can move from contaminated ground water and soil, into the indoor air of overlying buildings (known as vapor encroachment), which is a concern to regulators. TCE toxicity values as reported in the assessment will be considered in:

1. Establishing cleanup methods at the 761 Superfund sites where TCE has been identified as a contaminant




2. Understanding the risk from vapor intrusion as TCE vapors move from contaminated groundwater and soil into the indoor air of overlying buildings




3. Revising EPA’s Maximum Contaminant Level for TCE as part of the carcinogenic volatile organic compounds group in drinking water, as described in the agency’s drinking water strategy




4. Developing appropriate regulatory standards limiting the atmospheric emissions of TCE – a hazardous air pollutant under the Clean Air Act
   

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Changes To Hazardous Chemical Mixture Reporting Proposed

US EPA has proposed a significant revision to the forms and types of information required to be submitted under EPCRA Tier I and Tier II. As background, under the emergency planning provisions of EPCRA (40 CFR part 355), a facility is required to provide a one-time notification to the State Emergency Response Commission (SERC) and the local emergency planning committee (LEPC) if the facility has any EHS present at the site in excess of its threshold planning quantity (TPQ). Reporting requirements under the community right-to-know provisions, sections 311 and 312 of EPCRA are ongoing obligations. Sections 311 and 312 of EPCRA apply to owners and operators of facilities that are required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical defined under the Occupational Safety and Health Act (OSHA) Hazard Communication Standard (HCS). Under section 312 of EPCRA, if a hazardous chemical is present at or above the reporting threshold, the facility owner or operator is required to submit an emergency and hazardous chemical inventory form (Tier I or Tier II) to the SERC, LEPC and the local fire department annually by March 1.

Recently, State and local agencies requested that EPA modify these forms to include new data elements and revise existing data elements to make it more useful for emergency planning and response.

One of the important changes proposed for the EPCRA Tier I and Tier II reporting forms helps clarify how quantities of EHS chemicals were determined. In a final rule published in 2008, EPA clarified how to report a hazardous chemical mixture. The facility has to aggregate all amounts of that EHS present throughout the facility in mixtures and in pure form to determine if the reporting threshold for EHS has been met or exceeded. If the reporting threshold for that EHS is exceeded, then the facility would have an option to report the mixture or the EHS component.

The current Tier I and Tier II reporting form requires facilities to report the name of the mixture, indicate whether the mixture contains an EHS, indicate the physical and health hazards of the mixture, and report the amount present on-site, as well as the type of storage and storage locations. The regulated community and the state and local agencies, however, are unsure if the amount present on-site refers to the mixture or the non-EHS hazardous chemical or the EHS in the mixture. In order to clarify the reporting of pure chemicals vs. mixtures, the proposed Tier II form has separate entries for mixtures and pure chemicals.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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TSCA Studies Made Public - CBI Status Revoked

U.S. Environmental Protection Agency has made public the identities of more than 150 chemicals contained in 104 health and safety studies that had previously been claimed confidential by industry. For these 104 studies, the chemical identity will no longer be redacted. The chemicals involved are used in dispersant formulations and consumer products such as air fresheners, non-stick and stain resistant materials, fire resistant materials, nonylphenol compounds, perfluorinated compounds, and lead.

In 2010, EPA requested that the industry voluntarily declassify unwarranted claims of confidential business information (CBI). The agency also issued new guidance outlining plans to deny confidentiality claims for chemical identity in health and safety studies under the Toxic Substances Control Act (TSCA). Based on this guidance, EPA notified a number of companies in February 2011 that the agency had determined that their CBI claim was not eligible for confidential treatment under TSCA and that EPA intended to make the information public. The health and safety studies include some declassified by the agency and other voluntary declassifications by companies in response to EPA’s 2010 request.

In addition to these actions, EPA has recently taken other steps to make chemical information more readily available. The agency has provided the public with free access to the consolidated TSCA Inventory on the EPA and Data.Gov websites. EPA also launched a new chemical data access tool gives the public the ability to electronically search EPA’s database of more than 10,000 health and safety documents on a wide range of chemicals.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Michigan IUR Reporting Under TSCA - 2011 Due Dates

Calender year 2010 was a reporting year under the TSCA Inventory Update Rule (IUR), and Michigan facilities that exceed the IUR reporting thresholds will need to submit reports in 2011.

When are 2011 IUR reports due?
According to the Chemical Control Division at the Environmental Protection Agency the submission period for 2011 TSCA IUR reporting is from June 1 - September 1, 2011. However, there are proposed changes to what is required for submittal. These were drafted last July, but these changes have not yet been approved. EPA expects that the submittal requirements will be finalized by at least 30 days prior to the beginning of the reporting period (by May 1, 2011).

If approved as drafted, the majority of information required will be from 2010, however, there will also be additional production data required from the years 2006 - 2010.

Caltha LLP provides expert environmental consultant services in Michigan to determine IUR applicability and thresholds, prepare IUR report submittals, and to develop cost effective chemical tracking and reporting programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

EPA - ECHA Partnership To Share Chemical Data

U.S. EPA and the European Chemicals Agency (ECHA) have announced a partnership to promote enhanced technical cooperation on chemical management activities. ECHA implements the European Union’s chemical management program known as REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals). The partnership was formalized through a statement of intent at the Transatlantic Economic Council (TEC) meeting in Washington, D.C. The statement describes a process for cooperating on a range of issues of mutual interests including toxicity testing, the hazard and risk assessment of chemicals, risk management tools, scientific collaboration, and information exchange.

A major area of collaboration will be in the exchange of data and information between ECHA and EPA, including non-confidential information on hazards, uses, and substance identification, and data collected under REACH. The two agencies will also share criteria for managing confidential business information (CBI).

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Petition to Ban Lead in Fishing Equipment

On August 3, 2010, the American Bird Conservancy and a number of other groups petitioned EPA under Section 21 of the Toxic Substances Control Act (TSCA) to "prohibit the manufacture, processing, and distribution in commerce of lead for shot, bullets, and fishing sinkers." On August 27, 2010, EPA denied the portion of the petition relating to lead in ammunition because the agency does not have the legal authority to regulate this type of product under TSCA.

EPA has now also denied the petition calling for a ban on the manufacture, use and processing of lead in fishing gear. EPA determined that the petitioners had not demonstrated that the requested rule is necessary to protect against an unreasonable risk of injury to health or the environment, as required by the Toxic Substances Control Act (TSCA). Considering the increasing number of limitations on the use of lead fishing gear on some federal and state lands, as well as various education and outreach activities, EPA questioned whether a national ban on lead in fishing gear would be the least burdensome, adequately protective approach to address the concern, as required under TSCA. EPA also notes that the prevalence of non-lead alternatives in the marketplace continues to increase.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Chemical Review Assessments Put On Hold

US Environmental Protection Agency (EPA) is putting on hold four of its ongoing IRIS (Integrated Risk Information System) assessments pending a review of some of the underlying studies used in the assessments. EPA is holding these assessments due to a report from the National Toxicology Program (NTP) that outlines a recent review of a research study completed by the Ramazzini Institute, a lab in Italy that conducts animal testing to evaluate the potential cancer-causing effects of chemicals.

EPA found six assessments that significantly rely on data from Ramazzini cancer studies: ongoing chemical assessments for methanol, MTBE, ETBE and acrylonitrile, and previously completed assessments for vinyl chloride and 1,1- dichloroethylene. EPA plans to continue its review to determine if any other assessments are significantly impacted.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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EPA Dioxin Toxicity Report and Response Released

U.S. Environmental Protection Agency (EPA) has released its draft scientific report, “Reanalysis of Key Issues Related to Dioxin Toxicity and Response to NAS Comments”. The draft dioxin report is EPA’s response to key comments and recommendations made by the National Academy of Sciences on the agency’s draft dioxin reassessment. The draft report will now undergo scientific peer review by independent, external experts as well as public review and comment.

EPA’s draft scientific report will now undergo external peer review by an expert panel of scientists convened by EPA’s Science Advisory Board (SAB) in July 2010. Public comments on this draft report are being requested, and the Federal Register Notice provides details on how to submit comments.

Caltha LLP provides expert consulting services in Michigan to address Environmental Review and Environmental Impact Assessment.

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US EPA Action Plan for BPA

The U.S. Environmental Protection Agency (EPA) recently announced a number of actions to address the potential effects of bisphenol A (BPA), a chemical used in the manufacture of a wide range of consumer and industrial products. The BPA action plan focuses on the environmental impacts of BPA and will look to add BPA to EPA’s list of chemicals of concern and require testing related to environmental effects.

In December, EPA announced that it will, for the first time, use its authority under the Toxic Substances Control Act (TSCA) to list chemicals that may present an unreasonable risk of injury to health or the environment. These actions are part of the agency’s efforts to strengthen EPA’s chemical management program, utilizing current authorities to the fullest extent possible, while continuing to encourage legislative reform of TSCA, which has not been updated since 1976.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Changes To Hazardous Material Shipping Requirements

The U.S. Department of Transportation – Pipeline & Hazardous Materials Safety Administration (PHMSA) published amendments to its rules in early 2008. The amendments took effect on October 1, 2008. Some amendments which may require upgrades to transportation equipment will be phased in over two years. These rules apply to anyone transporting hazardous materials or offering hazardous materials for shipment.

This section highlights some of the key changes reflected in the PHMSA amendments.

Requirements for Fuels Containing Ethanol. Over recent years, fuels containing ethanol have become much more prevalent in the market. These fuels are often transported along with traditional fuels, such as gasoline or diesel. However, the emergency response procedures for spills involving ethanol-gasoline mixtures are different compared to traditional fuels. For example, these mixtures are more soluble in water and foam materials typically used to control fuel spills are not effective.

Therefore, PHMSA has amended their rules to more specifically address the labeling and placarding of shipments containing ethanol mixtures. This is primarily being done to alert emergency responders, so they can use appropriate response measures. These requirements will take effect over a two-year period to allow upgrades to tankers, etc, used to transport these materials.

Requirements for Shipments Containing “Marine Pollutants”. Marine pollutants are a group of materials which represent special hazards if released into aquatic environments. Bulk shipments of these materials have special handling, labeling, etc. requirements. The issue that PHMSA addressed was that shippers typically prepared shipping paperwork based on initial mode of transportation. Some shipments that include some form of marine transportation might begin with truck or rail transport. The current amendments clarify that shippers are obligated to conform to requirements for marine pollutants if any portion of the route is by vessel.

Requirements for Shipments Containing “Hazardous Substances”. Some hazardous materials shipped may include chemicals that are also regulated as “hazardous substances” under CERCLA. These chemicals have Reportable Quantities (RQ) established. If a release occurs that exceeds the RQ, it must be reported to appropriate agencies.
The amendments require that limited quantity, non-bulk packages that contain hazardous substances be labeled with the letters “RQ”.

Shippers Responsibly to Confirm Transporter Has Required Permit. The transportation of some types of hazardous materials requires that the transporter apply for and obtain a “safety permit” from the Federal Motor Carrier Safety Administration (FMCSA). To be issued a safety permit, carriers must meet FMCSA requirements and have a satisfactory safety rating.
The current amendment extends the requirements that carriers have the required safety permit to companies making the shipment. Therefore, companies wishing to ship materials requiring a transporter to have a safety permit must confirm that their transporter(s) have a valid permit.

Placement of Labels. The current requirements specify that at least two sides of a package must be labeled in accordance with labeling standards. The amendment clarifies that intermediate bulk containers (IBC) must also be labeled on at least two sides.

Other amendments were made which have more limited application within the regulated community. These include requirements related to:

• Standards for shipment of bulk chlorine


• Standards for shipment of compressed gas cylinders


• Standards for shipment of dry ice (or packages containing dry ice)


• Standards for transportation of certain explosives


• Requirements for transportation of household hazardous wastes


• Standards for material segregation


• Design requirements for portable tanks

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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