California Department of Toxic Substances Control - EPA Agreement

The California Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection Agency have signed a formal agreement which outlines principles by which DTSC and EPA will cooperate to reduce toxic chemicals in consumer products, create new business opportunities in the emerging safer consumer products economy, and reduce the level of effort required for consumers and businesses to identify the components of the products.

This agreement will allow DTSC and U.S. EPA to minimize duplication of effort and promote consistency in their assessment methodologies. The agreement also creates a partnership between the two agencies and sets up a framework to collaborate on Green Chemistry issues related to California’s “Green Chemistry” program. The U.S. EPA’s Green Chemistry Program supports fundamental research in the area of environmentally benign chemistry as well as a variety of educational activities, international activities, conferences and meetings, and tool development, all through voluntary partnerships with academia, industry, other government agencies and non-government organizations.

DTSC’s informal draft Safer Consumer Products Regulations, scheduled to be finalized in 2012, will require manufacturers of selected products sold in California to identify safer alternatives to a potential range of 3,000 chemicals known to be harmful to public health and the environment. DTSC expects to release its draft Safer Consumer Products Regulations in early 2012 for public comment. The Regulations are a key element of California’s Green Chemistry Initiative signed into law in 2008.

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

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Vapor Intrusion Proposed For Superfund Hazard Ranking System

U.S. EPA is proposing to amend the ranking system used to assess potential “Superfund” sites to include potential vapor intrusion. The Hazard Ranking System (HRS), required by the Superfund statute, is the primary mechanism used by EPA to assess the relative threat associated with actual or potential releases of hazardous substances. Sites that score 28.50 or greater under the HRS are eligible for inclusion on the National Priorities List (NPL). The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation. A score of 28.50 does not represent a specified level of risk but is a cutoff point that serves as a screening-level indicator of the highest priority releases or threatened releases.

The HRS includes four scoring pathways - ground water, surface water, air and soil exposure. Additional pathways have been identified by EPA as posing significant threats to human health and the environment, and one such pathway is vapor intrusion. Vapor intrusion occurs when contaminants enter into indoor spaces, generally residences, from environmental sources such as contaminated ground water or contaminated soil.

Historically, EPA's Superfund program has responded to vapor intrusion contamination by two mechanisms: (1) through its emergency response program at sites not on the NPL, or (2) through sites placed on the NPL because of other pathway-related risks. In May 2010, the Government Accountability Office (GAO) issued a report that concluded that if vapor intrusion sites are not assessed and, if needed, listed on the NPL, some seriously contaminated hazardous waste sites with unacceptable human exposure may not otherwise be cleaned up. In response, EPA is proposing to add a new HRS pathway so that sites with vapor intrusion contamination can be evaluated for inclusion on the NPL.

EPA initiated rulemaking in January 2011, and current expects final rules to be completed by January 2012.

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HPV Chemical Testing Requirements Issued By EPA

The U.S. Environmental Protection Agency (EPA) is issuing a final rule under the Toxic Substances Control Act (TSCA) requiring manufacturers of nineteen high production volume (HPV) chemicals to test the health and environmental effects of the chemicals and submit the data to the agency.

The chemicals covered under the final rule have wide spread consumer and industrial applications. For example, diphenylmethanone is used in consumer products and may be found in personal-care products; 9, 10-anthracenedione is used to manufacture dyes; C12-C24 chloroalkenes are used as metalworking fluids; pentaerythritol tetranitrate (PETN) is a blasting and demolition agent; and leuco sulfur black is a fingerprinting agent.

The rule follows up on the voluntary HPV Challenge Program Chemical List launched by EPA that included chemicals used in household products such as hobby/craft glues, personal-care products, home cleaning products, home maintenance products, and automotive products. Companies voluntarily supplied data on more than 2,200 HPV chemicals under the voluntary program. However, no health and environmental effects data was provided on the 19 chemicals in the rule. Through this final rule, EPA is now requiring testing be conducted. In 2011, EPA expects to require testing of additional chemicals for which the agency has not received data.

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

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Focused RCRA Inspections and Enforcement in Sothern CA

U.S. EPA is pursuing enforcement against nine southern California metal finishing companies for violations of federal hazardous waste laws. As a result of these enforcement actions, all nine companies returned to compliance with federal law and paid fines ranging from $2,000 to $48,500. One company also agreed to attend Compliance School in which employees are trained in appropriate on-site hazardous waste management techniques.

Metal finishers typically generate hazardous wastes like: acids and sludges that contain heavy metals such as chromium, cadmium, and lead; spent plating solutions containing metals or cyanides; flammable liquids; and, both alkaline and acidic corrosive liquids.

During 2010, EPA targeted the metal finishing industry for inspections in in Los Angeles, Rosemead, Sun Valley, Compton, Van Nuys, South El Monte and Santa Clara, California. The significant violations found during the inspections included:

• Failing to maintain the facility to minimize the possibility of a release of hazardous waste to air, soil, or surface water
• Failing to label containers of hazardous waste
• Failing to properly characterize wastes,
• Failing to close containers of hazardous waste,
• Failing to prepare or meet the requirements of a contingency plan,
• Failing to provide proper training,
• Failing to inspect hazardous waste storage areas, Storage of hazardous waste for over 90 days without a permit
  

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

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Pesticide Rulemaking Proposed - Inert Ingredient Diclosure

The U.S. Environmental Protection Agency is requesting public comment on options for disclosing inert ingredients in pesticides. In this anticipated rulemaking, EPA is seeking ideas for greater disclosure of inert ingredient identities. Inert ingredients are part of the end use product formulation and are not active ingredients. Pesticide manufacturers usually disclose their inert ingredients only to EPA. Currently, EPA evaluates the safety of all ingredients in a product’s formulation when determining whether the pesticide should be registered.

On October 1, 2009, EPA responded to two petitions to designate more than 350 inert pesticide ingredients as hazardous. The petitioners asked EPA to require that these ingredients be identified on the labels of products that include them in their formulations.

EPA is accepting comments on the advance notice of proposed rulemaking for 60 days after it has been published in the Federal Register.

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