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SUMMARY: The Environmental Protection Agency (EPA) is finalizing amendments to the new source performance standards (NSPS) for electric arc furnaces (EAF) and argon-oxygen decarburization (AOD) vessels in the steel industry pursuant to the review required by the Clean Air Act.
DATES:Effective date: This final rule is effective August 25, 2023. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of August 25, 2023, published in the Federal Register 58442, August 25, 2023.
View final rule.
§60.17 Incorporation by reference. | ||
(g)(14) | Revised | View text |
(h)(206) | Revised | View text |
(j)(2) | Revised | View text |
§60.270 Applicability and designation of affected facility. | ||
(b) | Revised | View text |
§60.271 Definitions. | ||
Entire section | Revised | View text |
§60.272 Standard for particulate matter. | ||
(a)(2) | Revised | View text |
(a)(3) introductory text | Revised | View text |
(b) | Revised | View text |
§60.273 Emission monitoring. | ||
Entire section | Revised | View text |
§60.274 Monitoring of operations. | ||
(b) through (g), (i) | Revised | View text |
§60.275 Test methods and procedures. | ||
Entire section | Revised | View text |
§60.276 Recordkeeping and reporting requirements. | ||
Entire section | Revised | View text |
§60.270a Applicability and designation of affected facility. | ||
(b) | Revised | View text |
§60.271a Definitions. | ||
Definitions for “capture system”, “charge”, “Direct-shell evacuation control system (DEC system),” “Dust-handling system”, “Electric arc furnace (EAF)”, “Heat cycle”, “Meltdown and refining period”, “Refining”, “Shop”, and “Shop opacity” | Revised | View text |
Definitions for “Charging period” and “Damper” | Added | View text |
§60.272a Standard for particulate matter. | ||
Entire section | Revised | View text |
§60.273a Emission monitoring. | ||
(c)-(g) | Revised | View text |
§60.274a Monitoring of operations. | ||
(b)-(h) | Revised | View text |
§60.275a Test methods and procedures. | ||
(a)-(c), (e) | Revised | View text |
(h)-(j) | Redesignated | View text |
§60.276a Recordkeeping and reporting requirements. | ||
Entire section | Revised | View text |
Subpart AAb—Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarbonization Vessels Constructed After May 16, 2022 | ||
Entire subpart | Added | View text |
Previous Text
§60.17 Incorporation by reference.
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(g)(14) ASME/ANSI PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], Issued August 31, 1981; IBR approved for §§60.56c(b); 60.63(f); 60.106(e); 60.104a(d), (h), (i), and (j); 60.105a(b), (d), (f), and (g); 60.106a(a); 60.107a(a), (c), and (d); tables 1 and 3 to subpart EEEE; tables 2 and 4 to subpart FFFF; table 2 to subpart JJJJ; §§60.285a(f); 60.396a(a); 60.2145(s) and (t); 60.2710(s) and (t); 60.2730(q); 60.4415(a); 60.4900(b); 60.5220(b); tables 1 and 2 to subpart LLLL; tables 2 and 3 to subpart MMMM; §§60.5406(c); 60.5406a(c); 60.5407a(g); 60.5413(b); 60.5413a(b); 60.5413a(d).
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(h)(206) ASTM D7520-16, Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 2016; IBR approved for §60.374a(d).
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(j)(2) EPA-454/R-98-015, Office of Air Quality Planning and Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance, September 1997, https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.PDF; IBR approved for §§60.373a(b); 60.2145(r); 60.2710(r); 60.4905(b); 60.5225(b).
§60.270 Applicability and designation of affected facility.
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(b) The provisions of this subpart apply to each affected facility identified in paragraph (a) of this section that commenced construction, modification, or reconstruction after October 21, 1974, and on or before August 17, 1983.
§60.271 Definitions.
As used in this subpart, all terms not defined herein shall have the meaning given them in the Act and in subpart A of this part.
(a) Electric arc furnace (EAF) means a furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes. Furnaces that continuously feed direct-reduced iron ore pellets as the primary source of iron are not affected facilities within the scope of this definition.
(b) Dust-handling equipment means any equipment used to handle particulate matter collected by the control device and located at or near the control device for an EAF subject to this subpart.
(c) Control device means the air pollution control equipment used to remove particulate matter generated by an EAF(s) from the effluent gas stream.
(d) Capture system means the equipment (including ducts, hoods, fans, dampers, etc.) used to capture or transport particulate matter generated by an EAF to the air pollution control device.
(e) Charge means the addition of iron and steel scrap or other materials into the top of an electric arc furnace.
(f) Charging period means the time period commencing at the moment an EAF starts to open and ending either three minutes after the EAF roof is returned to its closed position or six minutes after commencement of opening of the roof, whichever is longer.
(g) Tap means the pouring of molten steel from an EAF.
(h) Tapping period means the time period commencing at the moment an EAF begins to pour molten steel and ending either three minutes after steel ceases to flow from an EAF, or six minutes after steel begins to flow, whichever is longer.
(i) Meltdown and refining means that phase of the steel production cycle when charge material is melted and undesirable elements are removed from the metal.
(j) Meltdown and refining period means the time period commencing at the termination of the initial charging period and ending at the initiation of the tapping period, excluding any intermediate charging periods and times when power to the EAF is off.
(k) Shop opacity means the arithmetic average of 24 or more opacity observations of emissions from the shop taken in accordance with Method 9 of appendix A of this part for the applicable time periods.
(l) Heat time means the period commencing when scrap is charged to an empty EAF and terminating when the EAF tap is completed.
(m) Shop means the building which houses one or more EAF's.
(n) Direct shell evacuation system means any system that maintains a negative pressure within the EAF above the slag or metal and ducts these emissions to the control device.
(o) Bag leak detection system means a system that is capable of continuously monitoring relative particulate matter (dust) loadings in the exhaust of a baghouse to detect bag leaks and other conditions that result in increases in particulate loadings. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, electrodynamic, light scattering, light transmittance, or other effect to continuously monitor relative particulate matter loadings.
§60.272 Standard for particulate matter.
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(a)(2) Exit from a control device and exhibit three percent opacity or greater.
(a)(3) Exit from a shop and, due solely to operations of any EAF(s), exhibit 6 percent opacity or greater except:
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(b) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from dust-handling equipment any gases which exhibit 10 percent opacity or greater.
§60.273 Emission monitoring.
(a) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) shall be installed, calibrated, maintained, and operated by the owner or operator subject to the provisions of this subpart.
(b) For the purpose of reports under §60.7(c), all six-minute periods during which the average opacity is three percent or greater shall indicate a period of excess emission, and shall be reported to the Administrator semi-annually.
(c) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) is not required on any modular, multi-stack, negative-pressure or positive-pressure fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer; or on any single-stack fabric filter if visible emissions from the control device are performed by a certified visible emission observer and the owner installs and continuously operates a bag leak detection system according to paragraph (e) of this section. Visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9 of appendix A to this part. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272(a).
(d) A furnace static pressure monitoring device is not required on any EAF equipped with a DEC system if observations of shop opacity are performed by a certified visible emission observer as follows: Shop opacity observations shall be conducted at least once per day when the furnace is operating in the meltdown and refining period. Shop opacity shall be determined as the arithmetic average of 24 or more consecutive 15-second opacity observations of emissions from the shop taken in accordance with Method 9. Shop opacity shall be recorded for any point(s) where visible emissions are observed in proximity to an affected EAF. Where it is possible to determine that a number of visible emission sites relate to only one incident of visible emissions, only one observation of shop opacity will be required. In this case, the shop opacity observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident.
(e) A bag leak detection system must be installed and continuously operated on all single-stack fabric filters if the owner or operator elects not to install and operate a continuous opacity monitoring system as provided for under paragraph (c) of this section. In addition, the owner or operator shall meet the visible emissions observation requirements in paragraph (c) of this section. The bag leak detection system must meet the specifications and requirements of paragraphs (e)(1) through (8) of this section.
(1) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.
(2) The bag leak detection system sensor must provide output of relative particulate matter loadings and the owner or operator shall continuously record the output from the bag leak detection system using electronic or other means (e.g., using a strip chart recorder or a data logger.)
(3) The bag leak detection system must be equipped with an alarm system that will sound when an increase in relative particulate loading is detected over the alarm set point established according to paragraph (e)(4) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.
(4) For each bag leak detection system required by paragraph (e) of this section, the owner or operator shall develop and submit to the Administrator or delegated authority, for approval, a site-specific monitoring plan that addresses the items identified in paragraphs (i) through (v) of this paragraph (e)(4). For each bag leak detection system that operates based on the triboelectric effect, the monitoring plan shall be consistent with the recommendations contained in the U.S. Environmental Protection Agency guidance document “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015). The owner or operator shall operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. The plan shall describe:
(i) Installation of the bag leak detection system;
(ii) Initial and periodic adjustment of the bag leak detection system including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system including quality assurance procedures;
(iv) How the bag leak detection system will be maintained including a routine maintenance schedule and spare parts inventory list; and
(v) How the bag leak detection system output shall be recorded and stored.
(5) The initial adjustment of the system shall, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time (if applicable).
(6) Following initial adjustment, the owner or operator shall not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided for in paragraphs (e)(6)(i) and (ii) of this section.
(i) Once per quarter, the owner or operator may adjust the sensitivity of the bag leak detection system to account for seasonal effects including temperature and humidity according to the procedures identified in the site-specific monitoring plan required under paragraphs (e)(4) of this section.
(ii) If opacities greater than zero percent are observed over four consecutive 15-second observations during the daily opacity observations required under paragraph (c) of this section and the alarm on the bag leak detection system does not sound, the owner or operator shall lower the alarm set point on the bag leak detection system to a point where the alarm would have sounded during the period when the opacity observations were made.
(7) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, the bag leak detection sensor must be installed downstream of the baghouse and upstream of any wet scrubber.
(8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.
(f) For each bag leak detection system installed according to paragraph (e) of this section, the owner or operator shall initiate procedures to determine the cause of all alarms within 1 hour of an alarm. Except as provided for in paragraph (g) of this section, the cause of the alarm must be alleviated within 3 hours of the time the alarm occurred by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following:
(1) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate emissions;
(2) Sealing off defective bags or filter media;
(3) Replacing defective bags or filter media or otherwise repairing the control device;
(4) Sealing off a defective baghouse compartment;
(5) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; or
(6) Shutting down the process producing the particulate emissions.
(g) In approving the site-specific monitoring plan required in paragraph (e)(4) of this section, the Administrator or delegated authority may allow owners or operators more than 3 hours to alleviate specific conditions that cause an alarm if the owner or operator identifies the condition that could lead to an alarm in the monitoring plan, adequately explains why it is not feasible to alleviate the condition within 3 hours of the time the alarm occurred, and demonstrates that the requested additional time will ensure alleviation of the condition as expeditiously as practicable.
§60.274 Monitoring of operations.
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(b) Except as provided under paragraph (d) of this section, the owner or operator subject to the provisions of this subpart shall check and record on a once-per-shift basis furnace static pressure (if a DEC system is in use, and a furnace static pressure gauge is installed according to paragraph (f) of this section) and either: check and record the control system fan motor amperes and damper positions on a once-per-shift basis; install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and check and record damper positions on a once-per-shift basis. The monitoring device(s) may be installed in any appropriate location in the exhaust duct such that reproducible flow rate monitoring will result. The flow rate monitoring device(s) shall have an accuracy of ±10 percent over its normal operating range and shall be calibrated according to the manufacturer's instructions. The Administrator may require the owner or operator to demonstrate the accuracy of the monitoring device(s) relative to Methods 1 and 2 of appendix A of this part.
(c) When the owner or operator of an affected facility is required to demonstrate compliance with the standards under §60.272(a)(3) and at any other time that the Administrator may require (under section 114 of the CAA, as amended) either: the control system fan motor amperes and all damper positions, the volumetric flow rate through each separately ducted hood, or the volumetric flow rate at the control device inlet and all damper positions shall be determined during all periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section. The owner or operator may petition the Administrator for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's satisfaction that the EAF operating conditions upon which the parameters were previously established are no longer applicable. The values of these parameters as determined during the most recent demonstration of compliance shall be maintained at the appropriate level for each applicable period. Operation at other than baseline values may be subject to the requirements of §60.276(a).
(d) The owner or operator may petition the Administrator to approve any alternative method that will provide a continuous record of operation of each emission capture system.
(e) The owner or operator shall perform monthly operational status inspections of the equipment that is important to the performance of the total capture system (i.e., pressure sensors, dampers, and damper switches). This inspection shall include observations of the physical appearance of the equipment (e.g., presence of hole in ductwork or hoods, flow constrictions caused by dents or accumulated dust in ductwork, and fan erosion). Any deficiencies shall be noted and proper maintenance performed.
(f) Except as provided for under §60.273(d), where emissions during any phase of the heat time are controlled by use of a direct shell evacuation system, the owner or operator shall install, calibrate, and maintain a monitoring device that continuously records the pressure in the free space inside the EAF. The pressure shall be recorded as 15-minute integrated averages. The monitoring device may be installed in any appropriate location in the EAF or DEC duct prior to the introduction of ambient air such that reproducible results will be obtained. The pressure monitoring device shall have an accuracy of ±5 mm of water gauge over its normal operating range and shall be calibrated according to the manufacturer's instructions.
(g) Except as provided for under §60.273(d), when the owner or operator of an EAF is required to demonstrate compliance with the standard under §60.272(a)(3) and at any other time the Administrator may require (under section 114 of the Act, as amended), the pressure in the free space inside the furnace shall be determined during the meltdown and refining period(s) using the monitoring device under paragraph (f) of this section. The owner or operator may petition the Administrator for reestablishment of the 15-minute integrated average pressure whenever the owner or operator can demonstrate to the Administrator's satisfaction that the EAF operating conditions upon which the pressures were previously established are no longer applicable. The pressure determined during the most recent demonstration of compliance shall be maintained at all times the EAF is operating in a meltdown and refining period. Operation at higher pressures may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility.
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(i) During any performance test required under §60.8, and for any report thereof required by §60.276(c) of this subpart or to determine compliance with §60.272(a)(3) of this subpart, the owner or operator shall monitor the following information for all heats covered by the test:
§60.275 Test methods and procedures.
(a) During performance tests required in §60.8, the owner or operator shall not add gaseous diluent to the effluent gas after the fabric in any pressurized fabric collector, unless the amount of dilution is separately determined and considered in the determination of emissions.
(b) When emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator shall use either or both of the following procedures during a performance test (see also §60.276(b)):
(1) Determine compliance using the combined emissions.
(2) Use a method that is acceptable to the Administrator and that compensates for the emissions from the facilities not subject to the provisions of this subpart.
(c) When emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator shall use either or both of the following procedures to demonstrate compliance with §60.272(a)(3):
(1) Determine compliance using the combined emissions.
(2) Shut down operation of facilities not subject to the provisions of this subpart during the performance test.
(d) In conducting the performance tests required in §60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in §60.8(b).
(e) The owner or operator shall determine compliance with the particulate matter standards in §60.272 as follows:
(1) Method 5 shall be used for negative-pressure fabric filters and other types of control devices and Method 5D shall be used for positive-pressure fabric filters to determine the particular matter concentration and, if applicable, the volumetric flow rate of the effluent gas. The sampling time and sample volume for each run shall be at least 4 hours and 4.5 dscm (160 dscf) and, when a single EAF is sampled, the sampling time shall include an integral number of heats.
(2) When more than one control device serves the EAF(s) being tested, the concentration of particulate matter shall be determined using the following equation:
where:
cst = average concentration of particulate matter, mg/dscm (gr/dscf).
csi = concentration of particulate matter from control device “i”, mg/dscm (gr/dscf).
n = total number of control devices tested.
Qsdi = volumetric flow rate of stack gas from control device “i”, dscm/hr (dscf/hr).
(3) Method 9 and the procedures of §60.11 shall be used to determine opacity.
(4) To demonstrate compliance with §60.272(a) (1), (2), and (3), the Method 9 test runs shall be conducted concurrently with the particulate matter test runs, unless inclement weather interferes.
(f) To comply with §60.274 (c), (f), (g), and (i), the owner or operator shall obtain the information in these paragraphs during the particulate matter runs.
(g) Where emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator may use any of the following procedures during a performance test:
(1) Base compliance on control of the combined emissions.
(2) Utilize a method acceptable to the Administrator which compensates for the emissions from the facilities not subject to the provisions of this subpart.
(3) Any combination of the criteria of paragraphs (g)(1) and (g)(2) of this section.
(h) Where emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator may use any of the following procedures for demonstrating compliance with §60.272(a)(3):
(1) Base compliance on control of the combined emissions.
(2) Shut down operation of facilities not subject to the provisions of this subpart.
(3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) of this section.
(i) If visible emissions observations are made in lieu of using a continuous opacity monitoring system, as allowed for by §60.273(c), visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272(a).
(j) Unless the presence of inclement weather makes concurrent testing infeasible, the owner or operator shall conduct concurrently the performance tests required under §60.8 to demonstrate compliance with §60.272(a) (1), (2), and (3) of this subpart.
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§60.276 Recordkeeping and reporting requirements.
(a) Operation at a furnace static pressure that exceeds the value established under §60.274(g) and either operation of control system fan motor amperes at values exceeding ±15 percent of the value established under §60.274(c) or operation at flow rates lower than those established under §60.274(c) may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator semiannually.
(b) When the owner or operator of an EAF is required to demonstrate compliance with the standard under §60.275 (b)(2) or a combination of (b)(1) and (b)(2), the owner or operator shall obtain approval from the Administrator of the procedure(s) that will be used to determine compliance. Notification of the procedure(s) to be used must be postmarked at least 30 days prior to the performance test.
(c) For the purpose of this subpart, the owner or operator shall conduct the demonstration of compliance with §60.272(a) of this subpart and furnish the Administrator a written report of the results of the test. This report shall include the following information:
(1) Facility name and address;
(2) Plant representative;
(3) Make and model of process, control device, and continuous monitoring equipment;
(4) Flow diagram of process and emission capture equipment including other equipment or process(es) ducted to the same control device;
(5) Rated (design) capacity of process equipment;
(6) Those data required under §60.274(i) of this subpart;
(i) List of charge and tap weights and materials;
(ii) Heat times and process log;
(iii) Control device operation log; and
(iv) Continuous opacity monitor or Method 9 data.
(7) Test dates and test times;
(8) Test company;
(9) Test company representative;
(10) Test observers from outside agency;
(11) Description of test methodology used, including any deviation from standard reference methods
(12) Schematic of sampling location;
(13) Number of sampling points;
(14) Description of sampling equipment;
(15) Listing of sampling equipment calibrations and procedures;
(16) Field and laboratory data sheets;
(17) Description of sample recovery procedures;
(18) Sampling equipment leak check results;
(19) Description of quality assurance procedures;
(20) Description of analytical procedures;
(21) Notation of sample blank corrections; and
(22) Sample emission calculations.
(d) The owner or operator shall maintain records of all shop opacity observations made in accordance with §60.273(d). All shop opacity observations in excess of the emission limit specified in §60.272(a)(3) of this subpart shall indicate a period of excess emission, and shall be reported to the Administrator semi-annually, according to §60.7(c).
(e) The owner or operator shall maintain the following records for each bag leak detection system required under §60.273(e):
(1) Records of the bag leak detection system output;
(2) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and
(3) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, if procedures were initiated within 1 hour of the alarm, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and if the alarm was alleviated within 3 hours of the alarm.
§60.270a Applicability and designation of affected facility.
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(b) The provisions of this subpart apply to each affected facility identified in paragraph (a) of this section that commences construction, modification, or reconstruction after August 17, 1983.
§60.271a Definitions.
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Capture system means the equipment (including ducts, hoods, fans, dampers, etc.) used to capture or transport particulate matter generated by an electric arc furnace or AOD vessel to the air pollution control device.
Charge means the addition of iron and steel scrap or other materials into the top of an electric arc furnace or the addition of molten steel or other materials into the top of an AOD vessel.
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Direct-shell evacuation control system (DEC system) means a system that maintains a negative pressure within the electric arc furnace above the slag or metal and ducts emissions to the control device.
Dust-handling system means equipment used to handle particulate matter collected by the control device for an electric arc furnace or AOD vessel subject to this subpart. For the purposes of this subpart, the dust-handling system shall consist of the control device dust hoppers, the dust-conveying equipment, any central dust storage equipment, the dust-treating equipment (e.g., pug mill, pelletizer), dust transfer equipment (from storage to truck), and any secondary control devices used with the dust transfer equipment.
Electric arc furnace (EAF) means a furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes. For the purposes of this subpart, an EAF shall consist of the furnace shell and roof and the transformer. Furnaces that continuously feed direct-reduced iron ore pellets as the primary source of iron are not affected facilities within the scope of this definition.
Heat cycle means the period beginning when scrap is charged to an empty EAF and ending when the EAF tap is completed or beginning when molten steel is charged to an empty AOD vessel and ending when the AOD vessel tap is completed.
Meltdown and refining period means the time period commencing at the termination of the initial charging period and ending at the initiation of the tapping period, excluding any intermediate charging periods and times when power to the EAF is off.
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Refining means that phase of the steel production cycle during which undesirable elements are removed from the molten steel and alloys are added to reach the final metal chemistry.
Shop means the building which houses one or more EAF's or AOD vessels.
Shop opacity means the arithmetic average of 24 observations of the opacity of emissions from the shop taken in accordance with Method 9 of appendix A of this part.
§60.272a Standard for particulate matter.
(a) On and after the date of which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from an EAF or an AOD vessel any gases which:
(1) Exit from a control device and con tain particulate matter in excess of 12 mg/dscm (0.0052 gr/dscf);
(2) Exit from a control device and exhibit 3 percent opacity or greater; and
(3) Exit from a shop and, due solely to the operations of any affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater.
(b) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from the dust-handling system any gases that exhibit 10 percent opacity or greater.
§60.273a Emission monitoring.
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(c) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) is not required on any modular, multi-stack, negative-pressure or positive-pressure fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer; or on any single-stack fabric filter if visible emissions from the control device are performed by a certified visible emission observer and the owner installs and continuously operates a bag leak detection system according to paragraph (e) of this section. Visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272a(a).
(d) A furnace static pressure monitoring device is not required on any EAF equipped with a DEC system if observations of shop opacity are performed by a certified visible emission observer as follows: Shop opacity observations shall be conducted at least once per day when the furnace is operating in the meltdown and refining period. Shop opacity shall be determined as the arithmetic average of 24 consecutive 15-second opacity observations of emissions from the shop taken in accordance with Method 9. Shop opacity shall be recorded for any point(s) where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of visible emissions, only one observation of shop opacity will be required. In this case, the shop opacity observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident.
(e) A bag leak detection system must be installed and continuously operated on all single-stack fabric filters if the owner or operator elects not to install and operate a continuous opacity monitoring system as provided for under paragraph (c) of this section. In addition, the owner or operator shall meet the visible emissions observation requirements in paragraph (c) of this section. The bag leak detection system must meet the specifications and requirements of paragraphs (e)(1) through (8) of this section.
(1) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.
(2) The bag leak detection system sensor must provide output of relative particulate matter loadings and the owner or operator shall continuously record the output from the bag leak detection system using electronic or other means (e.g., using a strip chart recorder or a data logger.)
(3) The bag leak detection system must be equipped with an alarm system that will sound when an increase in relative particulate loading is detected over the alarm set point established according to paragraph (e)(4) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.
(4) For each bag leak detection system required by paragraph (e) of this section, the owner or operator shall develop and submit to the Administrator or delegated authority, for approval, a site-specific monitoring plan that addresses the items identified in paragraphs (i) through (v) of this paragraph (e)(4). For each bag leak detection system that operates based on the triboelectric effect, the monitoring plan shall be consistent with the recommendations contained in the U.S. Environmental Protection Agency guidance document “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015). The owner or operator shall operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. The plan shall describe the following:
(i) Installation of the bag leak detection system;
(ii) Initial and periodic adjustment of the bag leak detection system including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system including quality assurance procedures;
(iv) How the bag leak detection system will be maintained including a routine maintenance schedule and spare parts inventory list; and
(v) How the bag leak detection system output shall be recorded and stored.
(5) The initial adjustment of the system shall, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time (if applicable).
(6) Following initial adjustment, the owner or operator shall not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided for in paragraphs (e)(6)(i) and (ii) of this section.
(i) Once per quarter, the owner or operator may adjust the sensitivity of the bag leak detection system to account for seasonal effects including temperature and humidity according to the procedures identified in the site-specific monitoring plan required under paragraphs (e)(4) of this section.
(ii) If opacities greater than zero percent are observed over four consecutive 15-second observations during the daily opacity observations required under paragraph (c) of this section and the alarm on the bag leak detection system does not sound, the owner or operator shall lower the alarm set point on the bag leak detection system to a point where the alarm would have sounded during the period when the opacity observations were made.
(7) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, the bag leak detection sensor must be installed downstream of the baghouse and upstream of any wet scrubber.
(8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.
(f) For each bag leak detection system installed according to paragraph (e) of this section, the owner or operator shall initiate procedures to determine the cause of all alarms within 1 hour of an alarm. Except as provided for under paragraph (g) of this section, the cause of the alarm must be alleviated within 3 hours of the time the alarm occurred by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to, the following:
(1) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate emissions;
(2) Sealing off defective bags or filter media;
(3) Replacing defective bags or filter media or otherwise repairing the control device;
(4) Sealing off a defective baghouse compartment;
(5) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; and
(6) Shutting down the process producing the particulate emissions.
(g) In approving the site-specific monitoring plan required in paragraph (e)(4) of this section, the Administrator or delegated authority may allow owners or operators more than 3 hours to alleviate specific conditions that cause an alarm if the owner or operator identifies the condition that could lead to an alarm in the monitoring plan, adequately explains why it is not feasible to alleviate the condition within 3 hours of the time the alarm occurred, and demonstrates that the requested additional time will ensure alleviation of the condition as expeditiously as practicable.
§60.274a Monitoring of operations
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(b) Except as provided under paragraph (e) of this section, the owner or operator subject to the provisions of this subpart shall check and record on a once-per-shift basis the furnace static pressure (if DEC system is in use, and a furnace static pressure gauge is installed according to paragraph (f) of this section) and either: check and record the control system fan motor amperes and damper position on a once-per-shift basis; install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and check and record damper positions on a once-per-shift basis. The monitoring device(s) may be installed in any appropriate location in the exhaust duct such that reproducible flow rate monitoring will result. The flow rate monitoring device(s) shall have an accuracy of ±10 percent over its normal operating range and shall be calibrated according to the manufacturer's instructions. The Administrator may require the owner or operator to demonstrate the accuracy of the monitoring device(s) relative to Methods 1 and 2 of appendix A of this part.
(c) When the owner or operator of an affected facility is required to demonstrate compliance with the standards under §60.272a(a)(3) and at any other time that the Administrator may require (under section 114 of the CAA, as amended) either: the control system fan motor amperes and all damper positions, the volumetric flow rate through each separately ducted hood, or the volumetric flow rate at the control device inlet and all damper positions shall be determined during all periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section. The owner or operator may petition the Administrator for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's satisfaction that the affected facility operating conditions upon which the parameters were previously established are no longer applicable. The values of these parameters as determined during the most recent demonstration of compliance shall be maintained at the appropriate level for each applicable period. Operation at other than baseline values may be subject to the requirements of §60.276a(c).
(d) Except as provided under paragraph (e) of this section, the owner or operator shall perform monthly operational status inspections of the equipment that is important to the performance of the total capture system (i.e., pressure sensors, dampers, and damper switches). This inspection shall include observations of the physical appearance of the equipment (e.g., presence of holes in ductwork or hoods, flow constrictions caused by dents or accumulated dust in ductwork, and fan erosion). Any deficiencies shall be noted and proper maintenance performed.
(e) The owner or operator may petition the Administrator to approve any alternative to either the monitoring requirements specified in paragraph (b) of this section or the monthly operational status inspections specified in paragraph (d) of this section if the alternative will provide a continuous record of operation of each emission capture system.
(f) Except as provided for under §60.273a(d), if emissions during any phase of the heat time are controlled by the use of a DEC system, the owner or operator shall install, calibrate, and maintain a monitoring device that allows the pressure in the free space inside the EAF to be monitored. The pressure shall be recorded as 15-minute integrated averages. The monitoring device may be installed in any appropriate location in the EAF or DEC duct prior to the introduction of ambient air such that reproducible results will be obtained. The pressure monitoring device shall have an accuracy of ±5 mm of water gauge over its normal operating range and shall be calibrated according to the manufacturer's instructions.
(g) Except as provided for under §60.273a(d), when the owner or operator of an EAF controlled by a DEC is required to demonstrate compliance with the standard under §60.272a(a)(3), and at any other time the Administrator may require (under section 114 of the Clean Air Act, as amended), the pressure in the free space inside the furnace shall be determined during the meltdown and refining period(s) using the monitoring device required under paragraph (f) of this section. The owner or operator may petition the Administrator for reestablishment of the pressure whenever the owner or operator can demonstrate to the Administrator's satisfaction that the EAF operating conditions upon which the pressures were previously established are no longer applicable. The pressure determined during the most recent demonstration of compliance shall be maintained at all times when the EAF is operating in a meltdown and refining period. Operation at higher pressures may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility.
(h) During any performance test required under §60.8, and for any report thereof required by §60.276a(f) of this subpart, or to determine compliance with §60.272a(a)(3) of this subpart, the owner or operator shall monitor the following information for all heats covered by the test:
(1) Charge weights and materials, and tap weights and materials;
(2) Heat times, including start and stop times, and a log of process operation, including periods of no operation during testing and the pressure inside an EAF when direct-shell evacuation control systems are used;
(3) Control device operation log; and
(4) Continuous opacity monitor or Method 9 data.
§60.275a Test methods and procedures.
(a) During performance tests required in §60.8, the owner or operator shall not add gaseous diluents to the effluent gas stream after the fabric in any pressurized fabric filter collector, unless the amount of dilution is separately determined a nd considered in the determination of emissions.
(b) When emissions from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator shall use either or both of the following procedures during a performance test (see also §60.276a(e)):
(1) Determine compliance using the combined emissions.
(2) Use a method that is acceptable to the Administrator and that compensates for the emissions from the facilities not subject to the provisions of this subpart.
(c) When emission from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator shall demonstrate compliance with §60.272(a)(3) based on emissions from only the affected facility(ies).
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(e) The owner or operator shall determine compliance with the particulate matter standards in §60.272a as follows:
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(h) Where emissions from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator may use any of the following procedures during a performance test:
(1) Base compliance on control of the combined emissions;
(2) Utilize a method acceptable to the Administrator that compensates for the emissions from the facilities not subject to the provisions of this subpart, or;
(3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) of this section.
(i) Where emissions from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart, determinations of compliance with §60.272a(a)(3) will only be based upon emissions originating from the affected facility(ies).
(j) Unless the presence of inclement weather makes concurrent testing infeasible, the owner or operator shall conduct concurrently the performance tests required under §60.8 to demonstrate compliance with §60.272a(a) (1), (2), and (3) of this subpart.
§60.276a Recordkeeping and reporting requirements.
(a) Records of the measurements required in §60.274a must be retained for at least 2 years following the date of the measurement.
(b) Each owner or operator shall submit a written report of exceedances of the control device opacity to the Administrator semi-annually. For the purposes of these reports, exceedances are defined as all 6-minute periods during which the average opacity is 3 percent or greater.
(c) Operation at a furnace static pressure that exceeds the value established under §60.274a(g) and either operation of control system fan motor amperes at values exceeding ±15 percent of the value established under §60.274a(c) or operation at flow rates lower than those established under §60.274a(c) may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator semiannually.
(d) The requirements of this section remain in force until and unless EPA, in delegating enforcement authority to a State under section 111(c) of the Act, approves reporting requirements or an alternative means of compliance surveillance adopted by such State. In that event, affected sources within the State will be relieved of the obligation to comply with this section, provided that they comply with the requirements established by the State.
(e) When the owner or operator of an EAF or AOD is required to demonstrate compliance with the standard under §60.275 (b)(2) or a combination of (b)(1) and (b)(2) the owner or operator shall obtain approval from the Administrator of the procedure(s) that will be used to determine compliance. Notification of the procedure(s) to be used must be postmarked at least 30 days prior to the performance test.
(f) For the purpose of this subpart, the owner or operator shall conduct the demonstration of compliance with §60.272a(a) of this subpart and furnish the Administrator a written report of the results of the test. This report shall include the following information:
(1) Facility name and address;
(2) Plant representative;
(3) Make and model of process, control device, and continuous monitoring equipment;
(4) Flow diagram of process and emission capture equipment including other equipment or process(es) ducted to the same control device;
(5) Rated (design) capacity of process equipment;
(6) Those data required under §60.274a(h) of this subpart;
(i) List of charge and tap weights and materials;
(ii) Heat times and process log;
(iii) Control device operation log; and
(iv) Continuous opacity monitor or Method 9 data.
(7) Test dates and test times;
(8) Test company;
(9) Test company representative;
(10) Test observers from outside agency;
(11) Description of test methodology used, including any deviation from standard reference methods;
(12) Schematic of sampling location;
(13) Number of sampling points;
(14) Description of sampling equipment;
(15) Listing of sampling equipment calibrations and procedures;
(16) Field and laboratory data sheets;
(17) Description of sample recovery procedures;
(18) Sampling equipment leak check results;
(19) Description of quality assurance procedures;
(20) Description of analytical procedures;
(21) Notation of sample blank corrections; and
(22) Sample emission calculations.
(g) The owner or operator shall maintain records of all shop opacity observations made in accordance with §60.273a(d). All shop opacity observations in excess of the emission limit specified in §60.272a(a)(3) of this subpart shall indicate a period of excess emission, and shall be reported to the administrator semi-annually, according to §60.7(c).
(h) The owner or operator shall maintain the following records for each bag leak detection system required under §60.273a(e):
(1) Records of the bag leak detection system output;
(2) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and
(3) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, if procedures were initiated within 1 hour of the alarm, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and if the alarm was alleviated within 3 hours of the alarm.
SUMMARY: The Environmental Protection Agency (EPA) is finalizing amendments to the new source performance standards (NSPS) for electric arc furnaces (EAF) and argon-oxygen decarburization (AOD) vessels in the steel industry pursuant to the review required by the Clean Air Act.
DATES:Effective date: This final rule is effective August 25, 2023. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of August 25, 2023, published in the Federal Register 58442, August 25, 2023.
View final rule.
§60.17 Incorporation by reference. | ||
(g)(14) | Revised | View text |
(h)(206) | Revised | View text |
(j)(2) | Revised | View text |
§60.270 Applicability and designation of affected facility. | ||
(b) | Revised | View text |
§60.271 Definitions. | ||
Entire section | Revised | View text |
§60.272 Standard for particulate matter. | ||
(a)(2) | Revised | View text |
(a)(3) introductory text | Revised | View text |
(b) | Revised | View text |
§60.273 Emission monitoring. | ||
Entire section | Revised | View text |
§60.274 Monitoring of operations. | ||
(b) through (g), (i) | Revised | View text |
§60.275 Test methods and procedures. | ||
Entire section | Revised | View text |
§60.276 Recordkeeping and reporting requirements. | ||
Entire section | Revised | View text |
§60.270a Applicability and designation of affected facility. | ||
(b) | Revised | View text |
§60.271a Definitions. | ||
Definitions for “capture system”, “charge”, “Direct-shell evacuation control system (DEC system),” “Dust-handling system”, “Electric arc furnace (EAF)”, “Heat cycle”, “Meltdown and refining period”, “Refining”, “Shop”, and “Shop opacity” | Revised | View text |
Definitions for “Charging period” and “Damper” | Added | View text |
§60.272a Standard for particulate matter. | ||
Entire section | Revised | View text |
§60.273a Emission monitoring. | ||
(c)-(g) | Revised | View text |
§60.274a Monitoring of operations. | ||
(b)-(h) | Revised | View text |
§60.275a Test methods and procedures. | ||
(a)-(c), (e) | Revised | View text |
(h)-(j) | Redesignated | View text |
§60.276a Recordkeeping and reporting requirements. | ||
Entire section | Revised | View text |
Subpart AAb—Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarbonization Vessels Constructed After May 16, 2022 | ||
Entire subpart | Added | View text |
Previous Text
§60.17 Incorporation by reference.
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(g)(14) ASME/ANSI PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], Issued August 31, 1981; IBR approved for §§60.56c(b); 60.63(f); 60.106(e); 60.104a(d), (h), (i), and (j); 60.105a(b), (d), (f), and (g); 60.106a(a); 60.107a(a), (c), and (d); tables 1 and 3 to subpart EEEE; tables 2 and 4 to subpart FFFF; table 2 to subpart JJJJ; §§60.285a(f); 60.396a(a); 60.2145(s) and (t); 60.2710(s) and (t); 60.2730(q); 60.4415(a); 60.4900(b); 60.5220(b); tables 1 and 2 to subpart LLLL; tables 2 and 3 to subpart MMMM; §§60.5406(c); 60.5406a(c); 60.5407a(g); 60.5413(b); 60.5413a(b); 60.5413a(d).
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(h)(206) ASTM D7520-16, Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 2016; IBR approved for §60.374a(d).
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(j)(2) EPA-454/R-98-015, Office of Air Quality Planning and Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance, September 1997, https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.PDF; IBR approved for §§60.373a(b); 60.2145(r); 60.2710(r); 60.4905(b); 60.5225(b).
§60.270 Applicability and designation of affected facility.
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(b) The provisions of this subpart apply to each affected facility identified in paragraph (a) of this section that commenced construction, modification, or reconstruction after October 21, 1974, and on or before August 17, 1983.
§60.271 Definitions.
As used in this subpart, all terms not defined herein shall have the meaning given them in the Act and in subpart A of this part.
(a) Electric arc furnace (EAF) means a furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes. Furnaces that continuously feed direct-reduced iron ore pellets as the primary source of iron are not affected facilities within the scope of this definition.
(b) Dust-handling equipment means any equipment used to handle particulate matter collected by the control device and located at or near the control device for an EAF subject to this subpart.
(c) Control device means the air pollution control equipment used to remove particulate matter generated by an EAF(s) from the effluent gas stream.
(d) Capture system means the equipment (including ducts, hoods, fans, dampers, etc.) used to capture or transport particulate matter generated by an EAF to the air pollution control device.
(e) Charge means the addition of iron and steel scrap or other materials into the top of an electric arc furnace.
(f) Charging period means the time period commencing at the moment an EAF starts to open and ending either three minutes after the EAF roof is returned to its closed position or six minutes after commencement of opening of the roof, whichever is longer.
(g) Tap means the pouring of molten steel from an EAF.
(h) Tapping period means the time period commencing at the moment an EAF begins to pour molten steel and ending either three minutes after steel ceases to flow from an EAF, or six minutes after steel begins to flow, whichever is longer.
(i) Meltdown and refining means that phase of the steel production cycle when charge material is melted and undesirable elements are removed from the metal.
(j) Meltdown and refining period means the time period commencing at the termination of the initial charging period and ending at the initiation of the tapping period, excluding any intermediate charging periods and times when power to the EAF is off.
(k) Shop opacity means the arithmetic average of 24 or more opacity observations of emissions from the shop taken in accordance with Method 9 of appendix A of this part for the applicable time periods.
(l) Heat time means the period commencing when scrap is charged to an empty EAF and terminating when the EAF tap is completed.
(m) Shop means the building which houses one or more EAF's.
(n) Direct shell evacuation system means any system that maintains a negative pressure within the EAF above the slag or metal and ducts these emissions to the control device.
(o) Bag leak detection system means a system that is capable of continuously monitoring relative particulate matter (dust) loadings in the exhaust of a baghouse to detect bag leaks and other conditions that result in increases in particulate loadings. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, electrodynamic, light scattering, light transmittance, or other effect to continuously monitor relative particulate matter loadings.
§60.272 Standard for particulate matter.
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(a)(2) Exit from a control device and exhibit three percent opacity or greater.
(a)(3) Exit from a shop and, due solely to operations of any EAF(s), exhibit 6 percent opacity or greater except:
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(b) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from dust-handling equipment any gases which exhibit 10 percent opacity or greater.
§60.273 Emission monitoring.
(a) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) shall be installed, calibrated, maintained, and operated by the owner or operator subject to the provisions of this subpart.
(b) For the purpose of reports under §60.7(c), all six-minute periods during which the average opacity is three percent or greater shall indicate a period of excess emission, and shall be reported to the Administrator semi-annually.
(c) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) is not required on any modular, multi-stack, negative-pressure or positive-pressure fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer; or on any single-stack fabric filter if visible emissions from the control device are performed by a certified visible emission observer and the owner installs and continuously operates a bag leak detection system according to paragraph (e) of this section. Visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9 of appendix A to this part. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272(a).
(d) A furnace static pressure monitoring device is not required on any EAF equipped with a DEC system if observations of shop opacity are performed by a certified visible emission observer as follows: Shop opacity observations shall be conducted at least once per day when the furnace is operating in the meltdown and refining period. Shop opacity shall be determined as the arithmetic average of 24 or more consecutive 15-second opacity observations of emissions from the shop taken in accordance with Method 9. Shop opacity shall be recorded for any point(s) where visible emissions are observed in proximity to an affected EAF. Where it is possible to determine that a number of visible emission sites relate to only one incident of visible emissions, only one observation of shop opacity will be required. In this case, the shop opacity observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident.
(e) A bag leak detection system must be installed and continuously operated on all single-stack fabric filters if the owner or operator elects not to install and operate a continuous opacity monitoring system as provided for under paragraph (c) of this section. In addition, the owner or operator shall meet the visible emissions observation requirements in paragraph (c) of this section. The bag leak detection system must meet the specifications and requirements of paragraphs (e)(1) through (8) of this section.
(1) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.
(2) The bag leak detection system sensor must provide output of relative particulate matter loadings and the owner or operator shall continuously record the output from the bag leak detection system using electronic or other means (e.g., using a strip chart recorder or a data logger.)
(3) The bag leak detection system must be equipped with an alarm system that will sound when an increase in relative particulate loading is detected over the alarm set point established according to paragraph (e)(4) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.
(4) For each bag leak detection system required by paragraph (e) of this section, the owner or operator shall develop and submit to the Administrator or delegated authority, for approval, a site-specific monitoring plan that addresses the items identified in paragraphs (i) through (v) of this paragraph (e)(4). For each bag leak detection system that operates based on the triboelectric effect, the monitoring plan shall be consistent with the recommendations contained in the U.S. Environmental Protection Agency guidance document “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015). The owner or operator shall operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. The plan shall describe:
(i) Installation of the bag leak detection system;
(ii) Initial and periodic adjustment of the bag leak detection system including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system including quality assurance procedures;
(iv) How the bag leak detection system will be maintained including a routine maintenance schedule and spare parts inventory list; and
(v) How the bag leak detection system output shall be recorded and stored.
(5) The initial adjustment of the system shall, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time (if applicable).
(6) Following initial adjustment, the owner or operator shall not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided for in paragraphs (e)(6)(i) and (ii) of this section.
(i) Once per quarter, the owner or operator may adjust the sensitivity of the bag leak detection system to account for seasonal effects including temperature and humidity according to the procedures identified in the site-specific monitoring plan required under paragraphs (e)(4) of this section.
(ii) If opacities greater than zero percent are observed over four consecutive 15-second observations during the daily opacity observations required under paragraph (c) of this section and the alarm on the bag leak detection system does not sound, the owner or operator shall lower the alarm set point on the bag leak detection system to a point where the alarm would have sounded during the period when the opacity observations were made.
(7) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, the bag leak detection sensor must be installed downstream of the baghouse and upstream of any wet scrubber.
(8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.
(f) For each bag leak detection system installed according to paragraph (e) of this section, the owner or operator shall initiate procedures to determine the cause of all alarms within 1 hour of an alarm. Except as provided for in paragraph (g) of this section, the cause of the alarm must be alleviated within 3 hours of the time the alarm occurred by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following:
(1) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate emissions;
(2) Sealing off defective bags or filter media;
(3) Replacing defective bags or filter media or otherwise repairing the control device;
(4) Sealing off a defective baghouse compartment;
(5) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; or
(6) Shutting down the process producing the particulate emissions.
(g) In approving the site-specific monitoring plan required in paragraph (e)(4) of this section, the Administrator or delegated authority may allow owners or operators more than 3 hours to alleviate specific conditions that cause an alarm if the owner or operator identifies the condition that could lead to an alarm in the monitoring plan, adequately explains why it is not feasible to alleviate the condition within 3 hours of the time the alarm occurred, and demonstrates that the requested additional time will ensure alleviation of the condition as expeditiously as practicable.
§60.274 Monitoring of operations.
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(b) Except as provided under paragraph (d) of this section, the owner or operator subject to the provisions of this subpart shall check and record on a once-per-shift basis furnace static pressure (if a DEC system is in use, and a furnace static pressure gauge is installed according to paragraph (f) of this section) and either: check and record the control system fan motor amperes and damper positions on a once-per-shift basis; install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and check and record damper positions on a once-per-shift basis. The monitoring device(s) may be installed in any appropriate location in the exhaust duct such that reproducible flow rate monitoring will result. The flow rate monitoring device(s) shall have an accuracy of ±10 percent over its normal operating range and shall be calibrated according to the manufacturer's instructions. The Administrator may require the owner or operator to demonstrate the accuracy of the monitoring device(s) relative to Methods 1 and 2 of appendix A of this part.
(c) When the owner or operator of an affected facility is required to demonstrate compliance with the standards under §60.272(a)(3) and at any other time that the Administrator may require (under section 114 of the CAA, as amended) either: the control system fan motor amperes and all damper positions, the volumetric flow rate through each separately ducted hood, or the volumetric flow rate at the control device inlet and all damper positions shall be determined during all periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section. The owner or operator may petition the Administrator for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's satisfaction that the EAF operating conditions upon which the parameters were previously established are no longer applicable. The values of these parameters as determined during the most recent demonstration of compliance shall be maintained at the appropriate level for each applicable period. Operation at other than baseline values may be subject to the requirements of §60.276(a).
(d) The owner or operator may petition the Administrator to approve any alternative method that will provide a continuous record of operation of each emission capture system.
(e) The owner or operator shall perform monthly operational status inspections of the equipment that is important to the performance of the total capture system (i.e., pressure sensors, dampers, and damper switches). This inspection shall include observations of the physical appearance of the equipment (e.g., presence of hole in ductwork or hoods, flow constrictions caused by dents or accumulated dust in ductwork, and fan erosion). Any deficiencies shall be noted and proper maintenance performed.
(f) Except as provided for under §60.273(d), where emissions during any phase of the heat time are controlled by use of a direct shell evacuation system, the owner or operator shall install, calibrate, and maintain a monitoring device that continuously records the pressure in the free space inside the EAF. The pressure shall be recorded as 15-minute integrated averages. The monitoring device may be installed in any appropriate location in the EAF or DEC duct prior to the introduction of ambient air such that reproducible results will be obtained. The pressure monitoring device shall have an accuracy of ±5 mm of water gauge over its normal operating range and shall be calibrated according to the manufacturer's instructions.
(g) Except as provided for under §60.273(d), when the owner or operator of an EAF is required to demonstrate compliance with the standard under §60.272(a)(3) and at any other time the Administrator may require (under section 114 of the Act, as amended), the pressure in the free space inside the furnace shall be determined during the meltdown and refining period(s) using the monitoring device under paragraph (f) of this section. The owner or operator may petition the Administrator for reestablishment of the 15-minute integrated average pressure whenever the owner or operator can demonstrate to the Administrator's satisfaction that the EAF operating conditions upon which the pressures were previously established are no longer applicable. The pressure determined during the most recent demonstration of compliance shall be maintained at all times the EAF is operating in a meltdown and refining period. Operation at higher pressures may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility.
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(i) During any performance test required under §60.8, and for any report thereof required by §60.276(c) of this subpart or to determine compliance with §60.272(a)(3) of this subpart, the owner or operator shall monitor the following information for all heats covered by the test:
§60.275 Test methods and procedures.
(a) During performance tests required in §60.8, the owner or operator shall not add gaseous diluent to the effluent gas after the fabric in any pressurized fabric collector, unless the amount of dilution is separately determined and considered in the determination of emissions.
(b) When emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator shall use either or both of the following procedures during a performance test (see also §60.276(b)):
(1) Determine compliance using the combined emissions.
(2) Use a method that is acceptable to the Administrator and that compensates for the emissions from the facilities not subject to the provisions of this subpart.
(c) When emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator shall use either or both of the following procedures to demonstrate compliance with §60.272(a)(3):
(1) Determine compliance using the combined emissions.
(2) Shut down operation of facilities not subject to the provisions of this subpart during the performance test.
(d) In conducting the performance tests required in §60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in §60.8(b).
(e) The owner or operator shall determine compliance with the particulate matter standards in §60.272 as follows:
(1) Method 5 shall be used for negative-pressure fabric filters and other types of control devices and Method 5D shall be used for positive-pressure fabric filters to determine the particular matter concentration and, if applicable, the volumetric flow rate of the effluent gas. The sampling time and sample volume for each run shall be at least 4 hours and 4.5 dscm (160 dscf) and, when a single EAF is sampled, the sampling time shall include an integral number of heats.
(2) When more than one control device serves the EAF(s) being tested, the concentration of particulate matter shall be determined using the following equation:
where:
cst = average concentration of particulate matter, mg/dscm (gr/dscf).
csi = concentration of particulate matter from control device “i”, mg/dscm (gr/dscf).
n = total number of control devices tested.
Qsdi = volumetric flow rate of stack gas from control device “i”, dscm/hr (dscf/hr).
(3) Method 9 and the procedures of §60.11 shall be used to determine opacity.
(4) To demonstrate compliance with §60.272(a) (1), (2), and (3), the Method 9 test runs shall be conducted concurrently with the particulate matter test runs, unless inclement weather interferes.
(f) To comply with §60.274 (c), (f), (g), and (i), the owner or operator shall obtain the information in these paragraphs during the particulate matter runs.
(g) Where emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator may use any of the following procedures during a performance test:
(1) Base compliance on control of the combined emissions.
(2) Utilize a method acceptable to the Administrator which compensates for the emissions from the facilities not subject to the provisions of this subpart.
(3) Any combination of the criteria of paragraphs (g)(1) and (g)(2) of this section.
(h) Where emissions from any EAF(s) are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator may use any of the following procedures for demonstrating compliance with §60.272(a)(3):
(1) Base compliance on control of the combined emissions.
(2) Shut down operation of facilities not subject to the provisions of this subpart.
(3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) of this section.
(i) If visible emissions observations are made in lieu of using a continuous opacity monitoring system, as allowed for by §60.273(c), visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272(a).
(j) Unless the presence of inclement weather makes concurrent testing infeasible, the owner or operator shall conduct concurrently the performance tests required under §60.8 to demonstrate compliance with §60.272(a) (1), (2), and (3) of this subpart.
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§60.276 Recordkeeping and reporting requirements.
(a) Operation at a furnace static pressure that exceeds the value established under §60.274(g) and either operation of control system fan motor amperes at values exceeding ±15 percent of the value established under §60.274(c) or operation at flow rates lower than those established under §60.274(c) may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator semiannually.
(b) When the owner or operator of an EAF is required to demonstrate compliance with the standard under §60.275 (b)(2) or a combination of (b)(1) and (b)(2), the owner or operator shall obtain approval from the Administrator of the procedure(s) that will be used to determine compliance. Notification of the procedure(s) to be used must be postmarked at least 30 days prior to the performance test.
(c) For the purpose of this subpart, the owner or operator shall conduct the demonstration of compliance with §60.272(a) of this subpart and furnish the Administrator a written report of the results of the test. This report shall include the following information:
(1) Facility name and address;
(2) Plant representative;
(3) Make and model of process, control device, and continuous monitoring equipment;
(4) Flow diagram of process and emission capture equipment including other equipment or process(es) ducted to the same control device;
(5) Rated (design) capacity of process equipment;
(6) Those data required under §60.274(i) of this subpart;
(i) List of charge and tap weights and materials;
(ii) Heat times and process log;
(iii) Control device operation log; and
(iv) Continuous opacity monitor or Method 9 data.
(7) Test dates and test times;
(8) Test company;
(9) Test company representative;
(10) Test observers from outside agency;
(11) Description of test methodology used, including any deviation from standard reference methods
(12) Schematic of sampling location;
(13) Number of sampling points;
(14) Description of sampling equipment;
(15) Listing of sampling equipment calibrations and procedures;
(16) Field and laboratory data sheets;
(17) Description of sample recovery procedures;
(18) Sampling equipment leak check results;
(19) Description of quality assurance procedures;
(20) Description of analytical procedures;
(21) Notation of sample blank corrections; and
(22) Sample emission calculations.
(d) The owner or operator shall maintain records of all shop opacity observations made in accordance with §60.273(d). All shop opacity observations in excess of the emission limit specified in §60.272(a)(3) of this subpart shall indicate a period of excess emission, and shall be reported to the Administrator semi-annually, according to §60.7(c).
(e) The owner or operator shall maintain the following records for each bag leak detection system required under §60.273(e):
(1) Records of the bag leak detection system output;
(2) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and
(3) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, if procedures were initiated within 1 hour of the alarm, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and if the alarm was alleviated within 3 hours of the alarm.
§60.270a Applicability and designation of affected facility.
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(b) The provisions of this subpart apply to each affected facility identified in paragraph (a) of this section that commences construction, modification, or reconstruction after August 17, 1983.
§60.271a Definitions.
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Capture system means the equipment (including ducts, hoods, fans, dampers, etc.) used to capture or transport particulate matter generated by an electric arc furnace or AOD vessel to the air pollution control device.
Charge means the addition of iron and steel scrap or other materials into the top of an electric arc furnace or the addition of molten steel or other materials into the top of an AOD vessel.
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Direct-shell evacuation control system (DEC system) means a system that maintains a negative pressure within the electric arc furnace above the slag or metal and ducts emissions to the control device.
Dust-handling system means equipment used to handle particulate matter collected by the control device for an electric arc furnace or AOD vessel subject to this subpart. For the purposes of this subpart, the dust-handling system shall consist of the control device dust hoppers, the dust-conveying equipment, any central dust storage equipment, the dust-treating equipment (e.g., pug mill, pelletizer), dust transfer equipment (from storage to truck), and any secondary control devices used with the dust transfer equipment.
Electric arc furnace (EAF) means a furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes. For the purposes of this subpart, an EAF shall consist of the furnace shell and roof and the transformer. Furnaces that continuously feed direct-reduced iron ore pellets as the primary source of iron are not affected facilities within the scope of this definition.
Heat cycle means the period beginning when scrap is charged to an empty EAF and ending when the EAF tap is completed or beginning when molten steel is charged to an empty AOD vessel and ending when the AOD vessel tap is completed.
Meltdown and refining period means the time period commencing at the termination of the initial charging period and ending at the initiation of the tapping period, excluding any intermediate charging periods and times when power to the EAF is off.
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Refining means that phase of the steel production cycle during which undesirable elements are removed from the molten steel and alloys are added to reach the final metal chemistry.
Shop means the building which houses one or more EAF's or AOD vessels.
Shop opacity means the arithmetic average of 24 observations of the opacity of emissions from the shop taken in accordance with Method 9 of appendix A of this part.
§60.272a Standard for particulate matter.
(a) On and after the date of which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from an EAF or an AOD vessel any gases which:
(1) Exit from a control device and con tain particulate matter in excess of 12 mg/dscm (0.0052 gr/dscf);
(2) Exit from a control device and exhibit 3 percent opacity or greater; and
(3) Exit from a shop and, due solely to the operations of any affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater.
(b) On and after the date on which the performance test required to be conducted by §60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from the dust-handling system any gases that exhibit 10 percent opacity or greater.
§60.273a Emission monitoring.
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(c) A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device(s) is not required on any modular, multi-stack, negative-pressure or positive-pressure fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer; or on any single-stack fabric filter if visible emissions from the control device are performed by a certified visible emission observer and the owner installs and continuously operates a bag leak detection system according to paragraph (e) of this section. Visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in §60.272a(a).
(d) A furnace static pressure monitoring device is not required on any EAF equipped with a DEC system if observations of shop opacity are performed by a certified visible emission observer as follows: Shop opacity observations shall be conducted at least once per day when the furnace is operating in the meltdown and refining period. Shop opacity shall be determined as the arithmetic average of 24 consecutive 15-second opacity observations of emissions from the shop taken in accordance with Method 9. Shop opacity shall be recorded for any point(s) where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of visible emissions, only one observation of shop opacity will be required. In this case, the shop opacity observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident.
(e) A bag leak detection system must be installed and continuously operated on all single-stack fabric filters if the owner or operator elects not to install and operate a continuous opacity monitoring system as provided for under paragraph (c) of this section. In addition, the owner or operator shall meet the visible emissions observation requirements in paragraph (c) of this section. The bag leak detection system must meet the specifications and requirements of paragraphs (e)(1) through (8) of this section.
(1) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.
(2) The bag leak detection system sensor must provide output of relative particulate matter loadings and the owner or operator shall continuously record the output from the bag leak detection system using electronic or other means (e.g., using a strip chart recorder or a data logger.)
(3) The bag leak detection system must be equipped with an alarm system that will sound when an increase in relative particulate loading is detected over the alarm set point established according to paragraph (e)(4) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.
(4) For each bag leak detection system required by paragraph (e) of this section, the owner or operator shall develop and submit to the Administrator or delegated authority, for approval, a site-specific monitoring plan that addresses the items identified in paragraphs (i) through (v) of this paragraph (e)(4). For each bag leak detection system that operates based on the triboelectric effect, the monitoring plan shall be consistent with the recommendations contained in the U.S. Environmental Protection Agency guidance document “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015). The owner or operator shall operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. The plan shall describe the following:
(i) Installation of the bag leak detection system;
(ii) Initial and periodic adjustment of the bag leak detection system including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system including quality assurance procedures;
(iv) How the bag leak detection system will be maintained including a routine maintenance schedule and spare parts inventory list; and
(v) How the bag leak detection system output shall be recorded and stored.
(5) The initial adjustment of the system shall, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time (if applicable).
(6) Following initial adjustment, the owner or operator shall not adjust the averaging period, alarm set point, or alarm delay time without approval from the Administrator or delegated authority except as provided for in paragraphs (e)(6)(i) and (ii) of this section.
(i) Once per quarter, the owner or operator may adjust the sensitivity of the bag leak detection system to account for seasonal effects including temperature and humidity according to the procedures identified in the site-specific monitoring plan required under paragraphs (e)(4) of this section.
(ii) If opacities greater than zero percent are observed over four consecutive 15-second observations during the daily opacity observations required under paragraph (c) of this section and the alarm on the bag leak detection system does not sound, the owner or operator shall lower the alarm set point on the bag leak detection system to a point where the alarm would have sounded during the period when the opacity observations were made.
(7) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, the bag leak detection sensor must be installed downstream of the baghouse and upstream of any wet scrubber.
(8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.
(f) For each bag leak detection system installed according to paragraph (e) of this section, the owner or operator shall initiate procedures to determine the cause of all alarms within 1 hour of an alarm. Except as provided for under paragraph (g) of this section, the cause of the alarm must be alleviated within 3 hours of the time the alarm occurred by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to, the following:
(1) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in particulate emissions;
(2) Sealing off defective bags or filter media;
(3) Replacing defective bags or filter media or otherwise repairing the control device;
(4) Sealing off a defective baghouse compartment;
(5) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; and
(6) Shutting down the process producing the particulate emissions.
(g) In approving the site-specific monitoring plan required in paragraph (e)(4) of this section, the Administrator or delegated authority may allow owners or operators more than 3 hours to alleviate specific conditions that cause an alarm if the owner or operator identifies the condition that could lead to an alarm in the monitoring plan, adequately explains why it is not feasible to alleviate the condition within 3 hours of the time the alarm occurred, and demonstrates that the requested additional time will ensure alleviation of the condition as expeditiously as practicable.
§60.274a Monitoring of operations
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(b) Except as provided under paragraph (e) of this section, the owner or operator subject to the provisions of this subpart shall check and record on a once-per-shift basis the furnace static pressure (if DEC system is in use, and a furnace static pressure gauge is installed according to paragraph (f) of this section) and either: check and record the control system fan motor amperes and damper position on a once-per-shift basis; install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the control device inlet and check and record damper positions on a once-per-shift basis. The monitoring device(s) may be installed in any appropriate location in the exhaust duct such that reproducible flow rate monitoring will result. The flow rate monitoring device(s) shall have an accuracy of ±10 percent over its normal operating range and shall be calibrated according to the manufacturer's instructions. The Administrator may require the owner or operator to demonstrate the accuracy of the monitoring device(s) relative to Methods 1 and 2 of appendix A of this part.
(c) When the owner or operator of an affected facility is required to demonstrate compliance with the standards under §60.272a(a)(3) and at any other time that the Administrator may require (under section 114 of the CAA, as amended) either: the control system fan motor amperes and all damper positions, the volumetric flow rate through each separately ducted hood, or the volumetric flow rate at the control device inlet and all damper positions shall be determined during all periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section. The owner or operator may petition the Administrator for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's satisfaction that the affected facility operating conditions upon which the parameters were previously established are no longer applicable. The values of these parameters as determined during the most recent demonstration of compliance shall be maintained at the appropriate level for each applicable period. Operation at other than baseline values may be subject to the requirements of §60.276a(c).
(d) Except as provided under paragraph (e) of this section, the owner or operator shall perform monthly operational status inspections of the equipment that is important to the performance of the total capture system (i.e., pressure sensors, dampers, and damper switches). This inspection shall include observations of the physical appearance of the equipment (e.g., presence of holes in ductwork or hoods, flow constrictions caused by dents or accumulated dust in ductwork, and fan erosion). Any deficiencies shall be noted and proper maintenance performed.
(e) The owner or operator may petition the Administrator to approve any alternative to either the monitoring requirements specified in paragraph (b) of this section or the monthly operational status inspections specified in paragraph (d) of this section if the alternative will provide a continuous record of operation of each emission capture system.
(f) Except as provided for under §60.273a(d), if emissions during any phase of the heat time are controlled by the use of a DEC system, the owner or operator shall install, calibrate, and maintain a monitoring device that allows the pressure in the free space inside the EAF to be monitored. The pressure shall be recorded as 15-minute integrated averages. The monitoring device may be installed in any appropriate location in the EAF or DEC duct prior to the introduction of ambient air such that reproducible results will be obtained. The pressure monitoring device shall have an accuracy of ±5 mm of water gauge over its normal operating range and shall be calibrated according to the manufacturer's instructions.
(g) Except as provided for under §60.273a(d), when the owner or operator of an EAF controlled by a DEC is required to demonstrate compliance with the standard under §60.272a(a)(3), and at any other time the Administrator may require (under section 114 of the Clean Air Act, as amended), the pressure in the free space inside the furnace shall be determined during the meltdown and refining period(s) using the monitoring device required under paragraph (f) of this section. The owner or operator may petition the Administrator for reestablishment of the pressure whenever the owner or operator can demonstrate to the Administrator's satisfaction that the EAF operating conditions upon which the pressures were previously established are no longer applicable. The pressure determined during the most recent demonstration of compliance shall be maintained at all times when the EAF is operating in a meltdown and refining period. Operation at higher pressures may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility.
(h) During any performance test required under §60.8, and for any report thereof required by §60.276a(f) of this subpart, or to determine compliance with §60.272a(a)(3) of this subpart, the owner or operator shall monitor the following information for all heats covered by the test:
(1) Charge weights and materials, and tap weights and materials;
(2) Heat times, including start and stop times, and a log of process operation, including periods of no operation during testing and the pressure inside an EAF when direct-shell evacuation control systems are used;
(3) Control device operation log; and
(4) Continuous opacity monitor or Method 9 data.
§60.275a Test methods and procedures.
(a) During performance tests required in §60.8, the owner or operator shall not add gaseous diluents to the effluent gas stream after the fabric in any pressurized fabric filter collector, unless the amount of dilution is separately determined a nd considered in the determination of emissions.
(b) When emissions from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator shall use either or both of the following procedures during a performance test (see also §60.276a(e)):
(1) Determine compliance using the combined emissions.
(2) Use a method that is acceptable to the Administrator and that compensates for the emissions from the facilities not subject to the provisions of this subpart.
(c) When emission from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator shall demonstrate compliance with §60.272(a)(3) based on emissions from only the affected facility(ies).
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(e) The owner or operator shall determine compliance with the particulate matter standards in §60.272a as follows:
* * * *
(h) Where emissions from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator may use any of the following procedures during a performance test:
(1) Base compliance on control of the combined emissions;
(2) Utilize a method acceptable to the Administrator that compensates for the emissions from the facilities not subject to the provisions of this subpart, or;
(3) Any combination of the criteria of paragraphs (h)(1) and (h)(2) of this section.
(i) Where emissions from any EAF(s) or AOD vessel(s) are combined with emissions from facilities not subject to the provisions of this subpart, determinations of compliance with §60.272a(a)(3) will only be based upon emissions originating from the affected facility(ies).
(j) Unless the presence of inclement weather makes concurrent testing infeasible, the owner or operator shall conduct concurrently the performance tests required under §60.8 to demonstrate compliance with §60.272a(a) (1), (2), and (3) of this subpart.
§60.276a Recordkeeping and reporting requirements.
(a) Records of the measurements required in §60.274a must be retained for at least 2 years following the date of the measurement.
(b) Each owner or operator shall submit a written report of exceedances of the control device opacity to the Administrator semi-annually. For the purposes of these reports, exceedances are defined as all 6-minute periods during which the average opacity is 3 percent or greater.
(c) Operation at a furnace static pressure that exceeds the value established under §60.274a(g) and either operation of control system fan motor amperes at values exceeding ±15 percent of the value established under §60.274a(c) or operation at flow rates lower than those established under §60.274a(c) may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator semiannually.
(d) The requirements of this section remain in force until and unless EPA, in delegating enforcement authority to a State under section 111(c) of the Act, approves reporting requirements or an alternative means of compliance surveillance adopted by such State. In that event, affected sources within the State will be relieved of the obligation to comply with this section, provided that they comply with the requirements established by the State.
(e) When the owner or operator of an EAF or AOD is required to demonstrate compliance with the standard under §60.275 (b)(2) or a combination of (b)(1) and (b)(2) the owner or operator shall obtain approval from the Administrator of the procedure(s) that will be used to determine compliance. Notification of the procedure(s) to be used must be postmarked at least 30 days prior to the performance test.
(f) For the purpose of this subpart, the owner or operator shall conduct the demonstration of compliance with §60.272a(a) of this subpart and furnish the Administrator a written report of the results of the test. This report shall include the following information:
(1) Facility name and address;
(2) Plant representative;
(3) Make and model of process, control device, and continuous monitoring equipment;
(4) Flow diagram of process and emission capture equipment including other equipment or process(es) ducted to the same control device;
(5) Rated (design) capacity of process equipment;
(6) Those data required under §60.274a(h) of this subpart;
(i) List of charge and tap weights and materials;
(ii) Heat times and process log;
(iii) Control device operation log; and
(iv) Continuous opacity monitor or Method 9 data.
(7) Test dates and test times;
(8) Test company;
(9) Test company representative;
(10) Test observers from outside agency;
(11) Description of test methodology used, including any deviation from standard reference methods;
(12) Schematic of sampling location;
(13) Number of sampling points;
(14) Description of sampling equipment;
(15) Listing of sampling equipment calibrations and procedures;
(16) Field and laboratory data sheets;
(17) Description of sample recovery procedures;
(18) Sampling equipment leak check results;
(19) Description of quality assurance procedures;
(20) Description of analytical procedures;
(21) Notation of sample blank corrections; and
(22) Sample emission calculations.
(g) The owner or operator shall maintain records of all shop opacity observations made in accordance with §60.273a(d). All shop opacity observations in excess of the emission limit specified in §60.272a(a)(3) of this subpart shall indicate a period of excess emission, and shall be reported to the administrator semi-annually, according to §60.7(c).
(h) The owner or operator shall maintain the following records for each bag leak detection system required under §60.273a(e):
(1) Records of the bag leak detection system output;
(2) Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and
(3) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, if procedures were initiated within 1 hour of the alarm, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated, and if the alarm was alleviated within 3 hours of the alarm.
Specialized Industries
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The Environmental Protection Agency’s (EPA’s) Fall 2023 Semiannual Agenda of Regulatory and Deregulatory Actions was released on December 7. The agenda shows the agency’s upcoming regulatory actions and where they are in the rulemaking process.
The agenda includes major updates, such as:
While you will want to review the entire agenda to learn about all the rulemakings on EPA’s docket, this article highlights just some of the major rules we are watching closely. Also, please note that the agenda dates reflect tentative dates by which the agency hopes to publish the rulemakings in the Federal Register.
Final Rule Stage | |
Projected publication date | Title |
December 2023 | Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act; Safer Communities by Chemical Accident Prevention |
January 2024 | PFAS National Primary Drinking Water Regulation Rulemaking |
March 2024 | Designating PFOA and PFOS as CERCLA Hazardous Substances |
March 2024 | Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles — Phase 3 |
September 2024 | Clean Water Act Hazardous Substance Facility Response Plans |
Proposed Rule Stage | |
Projected publication date of Notice of Proposed Rulemaking | Title |
December 2023 | Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and Recovery Act (RCRA) Hazardous Constituents |
December 2023 | Supplemental Air Plan Actions: Interstate Transport of Air Pollution for the 2015 8-hour Ozone NAAQS and Supplemental Federal "Good Neighbor Plan" Requirements for the 2015 8-hour Ozone NAAQS |
February 2024 | Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI) |
April 2024 | Market-Based Approaches Under the National Pollutant Discharge Elimination System (NPDES) Program |
April 2024 | Review of the Secondary National Ambient Air Quality Standards for Ecological Effects of Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter |
Pre-Rule Stage | |
Projected publication date or other action | Title |
February 2024 (End of Advanced Notice of Proposed Rulemaking comment period) | Potential Emergency Planning and Community Right-to-Know Act Animal Waste Reporting Rule |
April 2024 (Notice) | Petition to Delist Stationary Combustion Turbines From the List of Categories of Major Sources of Hazardous Air Pollutants |
The U.S. Environmental Protection Agency (EPA) is proposing revisions to the National Primary Drinking Water Regulation (NPDWR) for lead and copper under the authority of the Safe Drinking Water Act (SDWA). In this document, EPA is proposing to require water systems to replace lead service lines, remove the lead trigger level, reduce the lead action level to 0.010 mg/L, and strengthen tap sampling procedures, among other changes that would improve public health protection and simplify the rule relative to the 2021 Lead and Copper Rule Revisions (LCRR). This proposed rule provides improvements in the additional following areas: corrosion control treatment, public education and consumer awareness, requirements for small systems, and sampling in schools and child care facilities. EPA's proposed rule aims to address potential disproportionate impacts of lead in drinking water in communities, including through proposed lead service line replacement and public education, among other areas of the proposed rule.
DATES: Comments must be received on or before February 5, 2024, published in the Federal Register December 6, 2023, page 84878.
View proposed rule.
Because the EPA received adverse comment on eight amendments in the direct final rule published on August 9, 2023, we are withdrawing amendments to specific provisions through correction to the direct final rule.
DATES: This correction is effective December 7, 2023, published in the Federal Register December 6, 2023, page 84710.
View final rule.
§261.4 Exclusions. | ||
(a)(25)(i)(I) | Revised | View text |
(a)(25)(vi) and (vii) | Revised | View text |
(a)(25)(xi)(D) | Revised | View text |
§262.11 Hazardous waste determination and recordkeeping. | ||
(d) introductory text | Revised | View text |
(g) | Revised | View text |
§262.16 Conditions for exemption for a small quantity generator that accumulates hazardous waste. | ||
Introductory text | Revised | View text |
(b) introductory text | Revised | View text |
(b)(5) introductory text | Revised | View text |
(b)(8)(iv)(A) and (B) | Revised | View text |
§262.17 Conditions for exemption for a large quantity generator that accumulates hazardous waste. | ||
Introductory text | Revised | View text |
(a)(2) | Revised | View text |
(a)(7)(i)(A) | Revised | View text |
(a)(8)(iii)(A)(4) | Revised | View text |
(b) | Revised | View text |
(c) introductory text | Revised | View text |
(d) | Revised | View text |
(e) | Revised | View text |
(f) introductory text | Revised | View text |
§262.232 Conditions for a generator managing hazardous waste from an episodic event. | ||
(a)(5) | Revised | View text |
(b)(4) introductory text | Revised | View text |
(b)(4)(ii)(C) | Revised | View text |
§266.508 Shipping non-creditable hazardous waste pharmaceuticals from a healthcare facility of evaluated hazardous waste pharmaceuticals from a reverse distributor. | ||
(a)(1)(iii)(C) | Revised | View text |
(a)(2)(i) | Revised | View text |
Previous Text
§261.4 Exclusions.
* * * *
(a)(25)(i)(I) The name of any countries of transit through which the hazardous secondary material will be sent and a description of the approximate length of time it will remain in such countries and the nature of its handling while there (for purposes of this section, the terms "EPA Acknowledgment of Consent", "country of import" and "country of transit" are used as defined in 40 CFR 262.81 with the exception that the terms in this section refer to hazardous secondary materials, rather than hazardous waste):
* * * *
(a)(25)(vi) The export of hazardous secondary material under this paragraph (a)(25) is prohibited unless the hazardous secondary material generator receives from EPA an EPA Acknowledgment of Consent documenting the consent of the country of import to the receipt of the hazardous secondary material. Where the country of import objects to receipt of the hazardous secondary material or withdraws a prior consent, EPA will notify the hazardous secondary material generator in writing. EPA will also notify the hazardous secondary material generator of any responses from countries of transit.
(a)(25)(vii) Prior to each shipment, the hazardous secondary material generator or a U.S. authorized agent must:
(A) Submit Electronic Export Information (EEI) for each shipment to the Automated Export System (AES) or its successor system, under the International Trade Data System (ITDS) platform, in accordance with 15 CFR 30.4(b).
(B) Include the following items in the EEI, along with the other information required under 15 CFR 30.6:
(1) EPA license code;
(2) Commodity classification code per 15 CFR 30.6(a)(12);
(3) EPA consent number;
(4) Country of ultimate destination per 15 CFR 30.6(a)(5);
(5) Date of export per 15 CFR 30.6(a)(2);
(6) Quantity of waste in shipment and units for reported quantity, if required reporting units established by value for the reported commodity classification number are in units of weight or volume per 15 CFR 30.6(a)(15); or
(7) EPA net quantity reported in units of kilograms, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume.
* * * *
(a)(25)(xi)(D) By reclaimer and intermediate facility, for each hazardous secondary material exported, a description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material was managed as hazardous waste, the DOT hazard class, the name and U.S. EPA ID number (where applicable) for each transporter used, the consent number(s) under which the hazardous secondary material was shipped and for each consent number, the total amount of hazardous secondary material shipped and the number of shipments exported during the calendar year covered by the report;
§262.11 Hazardous waste determination and recordkeeping.§262.11 Hazardous waste determination and recordkeeping.
* * * *
(d) The person then must also determine whether the waste exhibits one or more hazardous characteristics as identified in subpart Cof 40 CFR part 261 by following the procedures in paragraph (d)(1) or (2) of this section, or a combination of both. Where a waste is both listed and exhibits a characteristic, the listed waste code is sufficient, provided that the listed waste code addresses the constituents and/or properties that cause the waste to exhibit the characteristic. Otherwise, the waste codes must be identified for all applicable listings and characteristics.
* * * *
(g) Identifying hazardous waste numbers for small and large quantity generators. Consistent with paragraph (d) of this section, if the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in subparts C and D of part 261 of this subchapter. Prior to shipping the waste off site, the generator also must mark its containers with all applicable EPA hazardous waste numbers (EPA hazardous waste codes) according to §262.32.
§262.16 Conditions for exemption for a small quantity generator that accumulates hazardous waste.
A small quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that all the conditions for exemption listed in this section are met:
* * * *
(b) Accumulation. The generator accumulates hazardous waste on site for no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation in paragraphs (c), (d), and (e) of this section. The following accumulation conditions also apply:
* * * *
(b)(5) Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the small quantity generator must comply with 40 CFR part 265 subpart DD The generator must label its containment buildings with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172, subpart E(labeling) or subpart F(placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704). The generator must also maintain:
* * * *
(b)(8)(iv)(A) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under paragraph (b)(8)(ii) of this section.
(b)(8)(iv)(B) In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under paragraph (b)(8)(ii) of this section.
§262.17 Conditions for exemption for a large quantity generator that accumulates hazardous waste.
A large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that all of the following conditions for exemption are met:
* * * *
(a)(2) Accumulation of hazardous waste in tanks. If the waste is placed in tanks, the large quantity generator must comply with the applicable requirements of subpart J (except §§265.197(c) and 265.200 of this subchapter) as well as the applicable requirements of 40 CFR part 265, subparts AA through CC.
* * * *
(a)(7)(i)(A) Facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv)(C) of this section.
* * * *
(a)(8)(iii)(A)(4) If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in paragraph (a)(8)(iii)(A)(2) of this section, then the waste accumulation unit is considered to be a landfill and the generator must close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (§265.310 of this subchapter). In addition, for the purposes of closure, post-closure, and financial responsibility, such a waste accumulation unit is then considered to be a landfill, and the generator must meet all of the requirements for landfills specified in 40 CFR part 265, subparts G and H.
* * * *
(b) Accumulation time limit extension. A large quantity generator who accumulates hazardous waste for more than 90 days is subject to the requirements of 40 CFR parts 124, 264 through 268, and part 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, unless it has been granted an extension to the 90-day period. Such extension may be granted by EPA if hazardous wastes must remain on site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Regional Administrator on a case-by-case basis.
(c) Accumulation of F006. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, may accumulate F006 waste on site for more than 90 days, but not more than 180 days without being subject to parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that it complies with all of the following additional conditions for exemption:
(d) F006 transported over 200 miles. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on site for more than 90 days, but not more than 270 days without being subject to parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, if the large quantity generator complies with all of the conditions for exemption of paragraphs (c)(1) through (4) of this section.
(e) F006 accumulation time extension. A large quantity generator accumulating F006 in accordance with paragraphs (c) and (d) of this section who accumulates F006 waste on site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms of F006 waste on site is an operator of a storage facility and is subject to the requirements of 40 CFR parts 124, 264, 265, 267, and 270, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram accumulation limit. Such extensions and exceptions may be granted by EPA if F006 waste must remain on site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms of F006 waste must remain on site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the Regional Administrator on a case-by-case basis.
(f) Consolidation of hazardous waste received from very small quantity generators. Large quantity generators may accumulate on site hazardous waste received from very small quantity generators under control of the same person (as defined in §260.10 of this subchapter), without a storage permit or interim status and without complying with the requirements of parts 124, 264 through 268, and 270 of this chapter, and the notification requirements of section 3010 of RCRA for treatment, storage, and disposal facilities, provided that they comply with the following conditions. "Control," for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to "control" such generators.
[Change Notice] [Previous Text]
§262.232 Conditions for a generator managing hazardous waste from an episodic event.
* * * *
(a)(5) The very small quantity generator must comply with the hazardous waste manifest provisions of subpart Bof this part and the recordkeeping provisions for small quantity generators in §262.44 when it sends its episodic event hazardous waste off site to a designated facility, as defined in §260.10 of this subchapter.
* * * *
(b)(4) Accumulation by small quantity generators. A small quantity generator is prohibited from accumulating hazardous wastes generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, the following conditions apply:
* * * *
(b)(4)(ii)(C) Use inventory logs, monitoring equipment or other records to identify the date upon which each episodic event begins; and
§266.508 Shipping non-creditable hazardous waste pharmaceuticals from a healthcare facility of evaluated hazardous waste pharmaceuticals from a reverse distributor.
* * * *
(a)(1)(iii)(C) Lab packs that will be incinerated in compliance with §268.42(c) of this subchapter are not required to be marked with EPA hazardous waste numbers (i.e., hazardous waste codes), except D004, D005, D006, D007, D008, D010, and D011, where applicable. A nationally recognized electronic system, such as bar coding or radio frequency identification tag, may be used to identify the applicable EPA hazardous waste numbers (i.e., hazardous waste codes).
* * * *
(a)(2)(i) A healthcare facility shipping non-creditable hazardous waste pharmaceuticals is not required to list all applicable EPA hazardous waste numbers (i.e., hazardous waste codes) in Item 13 of EPA Form 8700—22.
SUMMARY: The EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for the oil and gas industry issued under the Clean Air Act. Specifically, the EPA is proposing to remove the affirmative defense provisions of the National Emission Standards for Hazardous Air Pollutants for both the Oil and Natural Gas Production source category and the Natural Gas Transmission and Storage source category.
DATES: This proposed rule is published in the Federal Register December 1, 2023, page 83889.
View proposed rule.
If you think you may have combustible dusts lurking in your facilities, you’ll want to know about recent updates to OSHA’s Combustible Dust National Emphasis Program (NEP). Have you been added to the list of higher-likelihood industries?
Employers are required to inspect their facilities for processes that generate or use combustible dusts and address associated fire, deflagration, and explosion hazards. So, what constitutes combustible dust? Combustible dusts are fine particles that present an explosion hazard when suspended in air under certain conditions.
The following combustible dusts can cause catastrophic loss of life, severe injuries, and building destruction:
Many combustible dust incidents occur without the employer or workers realizing they are in danger. They were either unaware of the potential for dust explosions or failed to recognize the serious nature of dust explosion hazards.
Hazard assessments must be performed to identify all physical and health hazards associated with combustible dusts and ensure Safety Data Sheets (SDSs) list potential exposures and controls. Employers must anticipate types of operations, material use, or downstream material processing that can generate or potentially generate combustible dusts. Operations and uses include:
How easily particles ignite, or cause explosions, is dependent upon the particle size, shape, moisture content or humidity, and available oxygen. These physical characteristics can change during manufacturing, use, or while the material is being processed. The regulation at 1910.272(j)(2)(ii) requires the removal of any fugitive grain dust accumulations whenever they exceed ⅛ inch (0.32 cm) at priority housekeeping areas or to demonstrate and assure, through the development and implementation of the housekeeping program, that equivalent protection is provided. The thickness of dust must be no more than the thickness of a dime. Essentially, if a footprint can be made in the dust, there’s too much.
OSHA replaced its March 2008 directive with a revised NEP on January 30, 2023. The NEP added several industries with a higher likelihood of having combustible dust hazards or that have experienced combustible dust-related fatalities/catastrophes. Industries added include:
Too often, employers and workers were unaware of the potential for dust explosions or failed to recognize the serious nature of dust explosion hazards. OSHA has added some industries with a higher likelihood of having combustible dust hazards to the Combustible Dust NEP.
The Environmental Protection Agency (EPA) published a final rule for New Source Performance Standards (NSPS) for secondary lead smelters, which include facilities that recycle lead-bearing scrap material, typically lead acid batteries. The final rule imposes stricter regulations on particulate matter (PM) emissions and adds testing, recordkeeping, and reporting requirements.
Who’s impacted?
Secondary lead smelters subject to the NSPS that were constructed, reconstructed, or modified after June 11, 1973, and on or before December 1, 2022, are regulated by 40 CFR 60 Subpart L. While PM emissions and opacity standards remain the same, the final rule adds these requirements:
Regulated secondary lead smelters that are constructed, reconstructed, or modified after December 1, 2022, are regulated by the newly added Subpart La, which requires the same additions to Subpart L as well as:
EPA also added Method 22 as an alternative for showing compliance with opacity standards in efforts to reduce testing burdens.
SUMMARY: The Environmental Protection Agency (EPA) is proposing revisions to the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under the Toxic Substances Control Act (TSCA) in January 2021. After receiving additional comments following the issuance of the 2021 PBT final rules, the Agency has determined that revisions to the decaBDE and PIP (3:1) regulations are necessary to address implementation issues and to reduce further exposures. As required under TSCA, these proposed requirements would, if finalized, reduce the potential for exposures to humans and the environment to decaBDE and PIP (3:1) to the extent practicable. The Agency is not proposing to revise the existing regulations for the other three PBT chemicals (2,4,6-TTBP, HCBD, and PCTP) at this time.
DATES: This proposed rule is published in the Federal Register November 24, 2023, page 82287.
View proposed rule.
SUMMARY: The Environmental Protection Agency (EPA) is finalizing amendments to the new source performance standards (NSPS) for secondary lead smelters pursuant to the periodic review required by the Clean Air Act (CAA). Specifically, the EPA is finalizing revisions to the NSPS that applies to affected secondary lead smelters constructed, reconstructed, or modified after December 1, 2022 (NSPS subpart La). The EPA is also finalizing amendments to the NSPS for secondary lead smelters constructed, reconstructed, or modified after June 11, 1973, and on or before December 1, 2022, (NSPS subpart L). In addition, we are finalizing the use of EPA Method 22 (Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares) as an alternative for demonstrating compliance with the opacity limit.
DATES: This final rule is effective on November 20, 2023, published in the Federal Register November 20, 2023, page 80594.
View final rule.
§60.17 Incorporations by reference. | ||
(h)(206) | Revised | View text |
(j)(2) | Revised | View text |
Subpart L - Standards of Performance for Secondary Lead Smelters for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and On or Before December 1, 2022 | ||
Subpart heading | Revised | View text |
§60.120 Applicability and designation of affected facility. | ||
(b) | Revised | View text |
§60.122 Standard for particulate matter. | ||
(a)(1) | Revised | View text |
§60.123 Test methods and procedures. | ||
Entire section | Revised | View text |
§60.124 Monitoring requirements. | ||
Entire section | Added | View text |
§60.125 Notification, recordkeeping, and reporting requirements. | ||
Entire section | Added | View text |
Subpart La—Standards of Performance for Secondary Lead Smelters for Which Construction, Reconstruction, or Modification Commenced After December 1, 2022 | ||
Entire subpart | Added | View text |
View Text
§60.17 Incorporations by reference.
* * * * *
(h) * * *
(206) ASTM D7520–16, Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 2016; IBR approved for §§60.271(k); and (b); 60.273(c) and (d); 60.274(h); 60.275(e); 60.276(c); 60.271a; 60.272a(a) and (b); 60.273a(c) and (d); 60.274a(h); 60.275a(e); 60.276a(f); 60.271b; 60.272b(a) and (b); 60.273b(c) and (d); 60.274b(h); 60.275b(e); 60.276b(f); 60.374a(d).
* * * * *
(j) * * *
(2) EPA–454/R–98–015, Office of Air Quality Planning and Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance, September 1997, https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.PDF; IBR approved for §§60.273(e); 60.273a(e); 60.273b(e); 60.373a(b); 60.2145(r); 60.2710(r); 60.4905(b); 60.5225(b).
* * * * *
Subpart L - Standards of Performance for Secondary Lead Smelters
§60.120 Applicability and designation of affected facility.
* * * * *
(b) Any facility under paragraph (a) of this section that commences construction or modification after June 11, 1973, is subject to the requirements of this subpart.
§60.122 Standard for particulate matter.
(a) * * *
(1) Contain particulate matter in excess of 50 mg/dscm (0.022 gr/dscf).
* * * * *
§60.123 Test methods and procedures.
(a) In conducting the performance tests required in §60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of this part or other methods and procedures as specified in this section, except as provided in §60.8(b).
(b) The owner or operator shall determine compliance with the particulate matter standards in §60.122 as follows:
(1) Method 5 shall be used to determine the particulate matter concentration during representative periods of furnace operation, including charging and tapping. The sampling time and sample volume for each run shall be at least 60 minutes and 0.90 dscm (31.8 dscf).
(2) Method 9 and the procedures in §60.11 shall be used to determine opacity.
SUMMARY: The Environmental Protection Agency (EPA) is finalizing amendments to the regulations that govern the processes and timelines for state and Federal plans to implement emission guidelines under Clean Air Act (CAA) New Source Performance Standards for existing sources (the “implementing regulations”). The amendments include revisions to the timing requirements for state and the EPA actions related to plans; the addition of mechanisms to improve flexibility and efficiency in plan processes; and new requirements for demonstration of timely meaningful engagement with pertinent stakeholders—including, but not limited to, industry, small businesses, and communities most affected by and vulnerable to the impacts of the plan. This action additionally provides a process for states' consideration of `remaining useful life and other factors' (RULOF) in applying a standard of performance; amends the definition of standard of performance in the implementing regulations; and clarifies compliance flexibilities that states may choose to incorporate into state plans, including trading or averaging. Finally, this action adds requirements for the electronic submission of state plans and provides several other clarifications and minor revisions to the implementing regulations.
DATES: This final rule is effective on December 18, 2023, published in the Federal Register November 17, 2023, page 80480.
View final rule.
§60.1 Applicability. | ||
(a) | Revised | View Text |
§60.20a Applicability. | ||
(a) introductory text | Revised | View Text |
§60.21a Definitions. | ||
(e), (f) | Revised | View Text |
(k), (l) | Added | View Text |
§60.22a Publication of emission guidelines. | ||
(b)(3), (c) | Revised | View Text |
§60.23a Adoption and submittal of State plans; public hearings. | ||
(a)(1) | Revised | View Text |
(a)(3) | Added | View Text |
(b) | Revised | View Text |
(i) | Added | View Text |
§60.24a Standards of performance and compliance schedules. | ||
(b)-(f) | Revised | View Text |
(g)-(i) | Added | View Text |
§60.25a Emission inventories, source surveillance, reports. | ||
(a) | Revised | View Text |
§60.27a Actions by the Administrator. | ||
(a) | Revised | View Text |
(b)(1)-(2) | Added | View Text |
(c)-(d) | Revised | View Text |
(f) introductory text | Revised | View Text |
(g)(1) | Revised | View Text |
(g)(2)(viii) | Revised | View Text |
(g)(2)(ix), (x) | Redesignated | View Text |
(h)-(j) | Added | View Text |
§60.28a Plan revisions by the State. | ||
(a) | Revised | View Text |
§60.29a Plan revisions by the Administrator. | ||
Introductory text | Revised | View Text |
Previous Text
§60.1 Applicability.
(a) Except as provided in subparts B and C, the provisions of this part apply to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication in this part of any standard (or, if earlier, the date of publication of any proposed standard) applicable to that facility.
§60.20a Applicability.
(a) The provisions of this subpart apply upon publication of a final emission guideline under §60.22a(a) if implementation of such final guideline is ongoing as of July 8, 2019 or if the final guideline is published after July 8, 2019.
§60.21a Definitions.
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(e) Emission guideline means a guideline set forth in subpart C of this part, or in a final guideline document published under §60.22a(a), which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of such reduction and any non-air quality health and environmental impact and energy requirements) the Administrator has determined has been adequately demonstrated for designated facilities.
(f) Standard of performance means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated, including, but not limited to a legally enforceable regulation setting forth an allowable rate or limit of emissions into the atmosphere, or prescribing a design, equipment, work practice, or operational standard, or combination thereof.
§60.22a Publication of emission guidelines.
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(b)(3) Information on the degree of emission limitation which is achievable with each system, together with information on the costs, nonair quality health environmental effects, and energy requirements of applying each system to designated facilities.
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(c) The emission guidelines and compliance times referred to in paragraph (b)(5) of this section will be proposed for comment upon publication of the draft guideline document, and after consideration of comments will be promulgated in subpart C of this part with such modifications as may be appropriate.
§60.23a Adoption and submittal of State plans; public hearings.
(a)(1) Unless otherwise specified in the applicable subpart, within three years after notice of the availability of a final emission guideline is published under §60.22a(a), each State shall adopt and submit to the Administrator, in accordance with §60.4, a plan for the control of the designated pollutant to which the emission guideline applies.
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(b) If no designated facility is located within a State, the State shall submit a letter of certification to that effect to the Administrator within the time specified in paragraph (a) of this section. Such certification shall exempt the State from the requirements of this subpart for that designated pollutant.
§60.24a Standards of performance and compliance schedules.
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(b) Standards of performance shall either be based on allowable rate or limit of emissions, except when it is not feasible to prescribe or enforce a standard of performance. The EPA shall identify such cases in the emission guidelines issued under §60.22a. Where standards of performance prescribing design, equipment, work practice, or operational standard, or combination thereof are established, the plan shall, to the degree possible, set forth the emission reductions achievable by implementation of such standards, and may permit compliance by the use of equipment determined by the State to be equivalent to that prescribed.
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(c) Except as provided in paragraph (e) of this section, standards of performance shall be no less stringent than the corresponding emission guideline(s) specified in subpart C of this part, and final compliance shall be required as expeditiously as practicable, but no later than the compliance times specified in an applicable subpart of this part.
(d) Any compliance schedule extending more than 24 months from the date required for submittal of the plan must include legally enforceable increments of progress to achieve compliance for each designated facility or category of facilities. Unless otherwise specified in the applicable subpart, increments of progress must include, where practicable, each increment of progress specified in §60.21a(h) and must include such additional increments of progress as may be necessary to permit close and effective supervision of progress toward final compliance.
(e) In applying a standard of performance to a particular source, the State may take into consideration factors, such as the remaining useful life of such source, provided that the State demonstrates with respect to each such facility (or class of such facilities):
(1) Unreasonable cost of control resulting from plant age, location, or basic process design;
(2) Physical impossibility of installing necessary control equipment; or
(3) Other factors specific to the facility (or class of facilities) that make application of a less stringent standard or final compliance time significantly more reasonable.
(f) Nothing in this subpart shall be construed to preclude any State or political subdivision thereof from adopting or enforcing:
(1) Standards of performance more stringent than emission guidelines specified in subpart C of this part or in applicable emission guidelines; or
(2) Compliance schedules requiring final compliance at earlier times than those specified in subpart C of this part or in applicable emission guidelines.
§60.25a Emission inventories, source surveillance, reports.
(a) Each plan shall include an inventory of all designated facilities, including emission data for the designated pollutants and information related to emissions as specified in appendix D to this part. Such data shall be summarized in the plan, and emission rates of designated pollutants from designated facilities shall be correlated with applicable standards of performance. As used in this subpart, “correlated” means presented in such a manner as to show the relationship between measured or estimated amounts of emissions and the amounts of such emissions allowable under applicable standards of performance.
§60.27a Actions by the Administrator.
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(a) The Administrator may, whenever he determines necessary, shorten the period for submission of any plan or plan revision or portion thereof.
(c) The Administrator will promulgate, through notice-and-comment rulemaking, a federal plan, or portion thereof, at any time within two years after the Administrator:
(1) Finds that a State fails to submit a required plan or plan revision or finds that the plan or plan revision does not satisfy the minimum criteria under paragraph (g) of this section; or
(2) Disapproves the required State plan or plan revision or any portion thereof, as unsatisfactory because the applicable requirements of this subpart or an applicable subpart under this part have not been met.
(d) The Administrator will promulgate a final federal plan as described in paragraph (c) of this section unless the State corrects the deficiency, and the Administrator approves the plan or plan revision, before the Administrator promulgates such federal plan.
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(f) Prior to promulgation of a federal plan under paragraph (d) of this section, the Administrator will provide the opportunity for at least one public hearing in either:
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(g)(1) General. Within 60 days of the Administrator's receipt of a state submission, but no later than 6 months after the date, if any, by which a State is required to submit the plan or revision, the Administrator shall determine whether the minimum criteria for completeness have been met. Any plan or plan revision that a State submits to the EPA, and that has not been determined by the EPA by the date 6 months after receipt of the submission to have failed to meet the minimum criteria, shall on that date be deemed by operation of law to meet such minimum criteria. Where the Administrator determines that a plan submission does not meet the minimum criteria of this paragraph, the State will be treated as not having made the submission and the requirements of §60.27a regarding promulgation of a federal plan shall apply.
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(g)(2)(viii) Compilation of public comments and the State's response thereto; and
§60.28a Plan revisions by the State.
(a) Any revision to a state plan shall be adopted by such State after reasonable notice and public hearing. For plan revisions required in response to a revised emission guideline, such plan revisions shall be submitted to the Administrator within three years, or shorter if required by the Administrator, after notice of the availability of a final revised emission guideline is published under §60.22a. All plan revisions must be submitted in accordance with the procedures and requirements applicable to development and submission of the original plan.
§60.29a Plan revisions by the Administrator.
After notice and opportunity for public hearing in each affected State, the Administrator may revise any provision of an applicable federal plan if:
SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants for Rubber Tire Manufacturing, as required by the Clean Air Act (CAA). To ensure that all emissions of hazardous air pollutants (HAP) from sources in the source category are regulated, the EPA is proposing emissions standards for the rubber processing subcategory of the rubber tire manufacturing industry, which is the only unregulated subcategory within the Rubber Tire Manufacturing source category.
DATES: Comments must be receive on or before January 2, 2024. Published in the Federal Register November 16, 2023, page 78692.
View proposed rule.
OSHA requires employers to provide each worker with respiratory protection when such equipment is necessary to protect the worker’s health. Employers are required by 29 CFR 1910.134 to provide respirators that are applicable and suitable for the purpose intended. The employer must also establish and maintain a respiratory protection program that identifies respiratory hazards, controls, and proper personal protective equipment selection and use.
Respirators protect workers against insufficient oxygen, harmful dusts, smoke, gases, and vapors. These hazards may cause cancer, lung diseases, or even death. Without the correct respirator and corresponding cartridge, workers are at risk of exposure.
Respirators protect workers in two ways — by removing contaminants from the air or by supplying clean air to the user. Particulate respirators filter out airborne particles, while air-purifying respirators (APRs) with cartridges filter out chemicals and gases. Atmosphere-supplying respirators (ASRs provide air and include airline respirators, which use compressed air from a remote source, and self-contained breathing apparatus (SCBA), which contain their own air supply.
Each type of respirator has an assigned protection factor (APF) that indicates the level of protection expected from the respirator. APRs use filters, cartridges, or canisters to remove contaminants such as dusts, gases, vapors, and aerosols from the air. The cartridges or canisters have a filter, sorbent, catalyst, or combination of these items that removes specific contaminants from air that passes through the container. Per 1910.134(d)(3)(i)(A), employers are required to assign protection factors based on Table 1 in the standard.
Both the proper type and the service life of the cartridge are paramount. Respirators and cartridges must meet or exceed the required level of worker protection. Employers must ensure APFs are appropriate to the operation or task for which respirators are used.
Employers and workers should always refer to container labels and safety data sheets (SDSs to determine the proper respiratory protection for each task. NIOSH-approved respirator cartridges are designated by color coding:
Each respirator cartridge will have an end-of-service-life indicator (ESLI) warning the respirator user that the end of adequate respiratory protection is near. For example, the sorbent is approaching saturation or is no longer effective. Workers who use cartridges or canisters beyond the ESLI are placing themselves in harm’s way.
OSHA’s Respiratory Protection standard requires employers to protect workers from insufficient oxygen, harmful dusts, smoke, gases, and vapors. Respirators and corresponding cartridges must be of proper type and condition to ensure protection appropriate to the operation or task for which they’re used.
SUMMARY: The Environmental Protection Agency (EPA) is finalizing revisions to its regulations addressing preemption of State and local regulation of locomotives and engines used in locomotives. This rule implements a policy change to no longer categorically preempt certain State regulations of non-new locomotives and engines, aligning with the plain text of the Clean Air Act (CAA), and better achieving the legislative intent of providing for exclusive Federal regulation of new locomotives and new locomotive engines while preserving the ability of California and other States to adopt and enforce certain State standards regulating non-new locomotives and engines.
DATES: This final rule is effective on December 8, 2023, published in the Federal Register November 8, 2023, page 77004.
§1074.10 Scope of preemption. | ||
(b) | Revised | View text |
(c) | Added | View text |
§1074.12 Scope of preemption-specific provisions for locomotives and locomotive engines | ||
Entire section | Removed | View text |
§1074.101 Procedures for California nonroad authorization requests. | ||
(a) | Revised | View text |
Previous Text
§1074.10 Scope of preemption.
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(b) For nonroad engines or vehicles other than those described in paragraph (a) of this section and §1074.12, States and localities are preempted from enforcing any standards or other requirements relating to control of emissions from nonroad engines or vehicles except as provided in subpart B of this part.
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§1074.101 Procedures for California nonroad authorization requests.
(a) California must request authorization from the Administrator to enforce its adopted standards and other requirements relating to control of emissions from nonroad engines or vehicles that are not preempted by §1074.10(a) or §1074.12. The request must include the record on which the state rulemaking was based.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to address the unreasonable risk of injury to human health presented by trichloroethylene (TCE) under its conditions of use as documented in EPA's November 2020 Risk Evaluation for TCE and January 2023 revised risk determination for TCE pursuant to the Toxic Substances Control Act (TSCA). TCE is widely used as a solvent in a variety of industrial, commercial and consumer applications including for hydrofluorocarbon (HFC) production, vapor and aerosol degreasing, and in lubricants, greases, adhesives, and sealants. TSCA requires that when EPA determines a chemical substance presents unreasonable risk that EPA address by rule the unreasonable risk of injury to health or the environment and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. EPA determined that TCE presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to TCE, including non-cancer effects (liver toxicity, kidney toxicity, neurotoxicity, immunotoxicity, reproductive toxicity, and developmental toxicity) as well as cancer (liver, kidney, and non-Hodgkin lymphoma) from chronic inhalation and dermal exposures to TCE. TCE is a neurotoxicant and is carcinogenic to humans by all routes of exposure. The most sensitive adverse effects of TCE exposure are non-cancer effects (developmental toxicity and immunosuppression) for acute exposures and developmental toxicity and autoimmunity for chronic exposures. To address the identified unreasonable risk, EPA is proposing to: prohibit all manufacture (including import), processing, and distribution in commerce of TCE and industrial and commercial use of TCE for all uses, with longer compliance timeframes and workplace controls for certain processing and industrial and commercial uses (including proposed phaseouts and time-limited exemptions); prohibit the disposal of TCE to industrial pre-treatment, industrial treatment, or publicly owned treatment works, with a time-limited exemption for cleanup projects; and establish recordkeeping and downstream notification requirements.
DATES: Comments must be received on or before December 15, 2023, published in the Federal Register October 31, 2023, page 74712.
View proposed rule.
SUMMARY: The Environmental Protection Agency (EPA) is adding per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern). These PFAS already have a lower reporting activity threshold of 100 pounds. The addition of these PFAS to the list of chemicals of special concern means such PFAS are subject to the same reporting requirements as other chemicals of special concern ( i.e., it eliminates the use of the de minimis exemption and the option to use Form A and would limit the use of range reporting for PFAS). Removing the availability of these burden-reduction reporting options will result in a more complete picture of the releases and waste management quantities for these PFAS. EPA is removing the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern. This will help ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase to better inform any TRI reporting obligations.
DATES: This final rule is effective November 30, 2023 and shall apply for the reporting year beginning January 1, 2024 (reports due July 1, 2025), published in the Federal Register October 31, 2023, page 74360.
View final rule
§372.22 Covered facilities for toxic chemical release reporting. | ||
(c) | Revised | View text |
§372.25 Thresholds for reporting. | ||
Introductory text | Revised | View text |
(f)-(h) | Revised | View text |
§372.28 Lower thresholds for chemicals of special concern. | ||
Table 1 to paragraph (a)(1); entry “Per- and polyfluoroalkyl substances” | Added | View text |
§372.29 Thresholds for per- and polyfluoroalkyl substances. | ||
Entire section | Removed | View text |
§372.30 Reporting requirements and schedule for reporting. | ||
(a)-(b) | Revised | View text |
§372.38 Exemptions. | ||
(a)(2) | Revised | View text |
(b)-(d), (f)-(h) | Revised | View text |
§372.45 Notification about toxic chemicals. | ||
(d)(1) | Revised | View text |
Previous Text
§372.22 Covered facilities for toxic chemical release reporting.
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(c) The facility manufactured (including imported), processed, or otherwise used a toxic chemical in excess of an applicable threshold quantity of that chemical set forth in §372.25, §372.27, §372.28, or §372.29.
§372.25 Thresholds for reporting.
Except as provided in §372.27, 372.28, and 372.29, the threshold amounts for purposes of reporting under §372.30 for toxic chemicals are as follows:
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(f) A toxic chemical may be listed in §372.65 with the notation that only persons who manufacture the chemical, or manufacture it by a certain method, are required to report. In that case, only owners or operators of facilities that manufacture that chemical as described in §372.65 in excess of the threshold applicable to such manufacture in §372.27, §372.28, or§372.29 or are required to report. In completing the reporting form, the owner or operator is only required to account for the quantity of the chemical so manufactured and releases associated with such manufacturing, but not releases associated with subsequent processing or use of the chemical at that facility. Owners and operators of facilities that solely process or use such a chemical are not required to report for that chemical.
(g) A toxic chemical may be listed in §372.65 with the notation that it is in a specific form (e.g., fume or dust, solution, or friable) or of a specific color (e.g., yellow or white). In that case, only owners or operators of facilities that manufacture, process, or use that chemical in the form or of the color, specified in §372.65 in excess of the threshold applicable to such activity in §372.27, §372.28, or§372.29 are required to report. In completing the reporting form, the owner or operator is only required to account for the quantity of the chemical manufactured, processed, or used in the form or color specified in §372.65 and for releases associated with the chemical in that form or color. Owners or operators of facilities that solely manufacture, process, or use such a chemical in a form or color other than those specified by §372.65 are not required to report for that chemical.
(h) Metal compound categories are listed in §372.65(c) . For purposes of determining whether any of the thresholds specified in §372.27, §372.28, or§372.29 are met for metal compound category, the owner or operator of a facility must make the threshold determination based on the total amount of all members of the metal compound category manufactured, processed, or used at the facility. In completing the release portion of the reporting form for releases of the metal compounds, the owner or operator is only required to account for the weight of the parent metal released. Any contribution to the mass of the release attributable to other portions of each compound in the category is excluded.
§372.30 Reporting requirements and schedule for reporting.
(a) For each toxic chemical known by the owner or operator to be manufactured (including imported), processed, or otherwise used in excess of an applicable threshold quantity in §372.25, §372.27, §372.28, or §372.29 at its covered facility described in §372.22 for a calendar year, the owner or operator must submit to EPA and to the State in which the facility is located a completed EPA Form R (EPA Form 9350-1), EPA Form A (EPA Form 9350-2), and, for the dioxin and dioxin-like compounds category, EPA Form R Schedule 1 (EPA Form 9350-3) in accordance with the instructions referred to in subpart E of this part. If the covered facility is located in Indian country, the facility shall submit (to the extent applicable) a completed EPA Form R, Form A, and Form R Schedule 1 as described above to EPA and to the official designated by the Tribal Chairperson or equivalent elected official of the relevant Indian Tribe, instead of to the State.
(b)(1) The owner or operator of a covered facility is required to report as described in paragraph (a) of this section on a toxic chemical that the owner or operator knows is present as a component of a mixture or trade name product which the owner or operator receives from another person, if that chemical is imported, processed, or otherwise used by the owner or operator in excess of an applicable threshold quantity in §372.25, §372.27, §372.28, or §372.29 at the facility as part of that mixture or trade name product.
(2) The owner or operator knows that a toxic chemical is present as a component of a mixture or trade name product (i) if the owner or operator knows or has been told the chemical identity or Chemical Abstracts Service Registry Number of the chemical and the identity or Number corresponds to an identity or Number in §372.65 , or (ii) if the owner or operator has been told by the supplier of the mixture or trade name product that the mixture or trade name product contains a toxic chemical subject to section 313 of the Act or this part.
(3) To determine whether a toxic chemical which is a component of a mixture or trade name product has been imported, processed, or otherwise used in excess of an applicable threshold in §372.25, §372.27, §372.28, or §372.29 at the facility, the owner or operator shall consider only the portion of the mixture or trade name product that consists of the toxic chemical and that is imported, processed, or otherwise used at the facility, together with any other amounts of the same toxic chemical that the owner or operator manufactures, imports, processes, or otherwise uses at the facility as follows:
(i) If the owner or operator knows the specific chemical identity of the toxic chemical and the specific concentration at which it is present in the mixture or trade name product, the owner or operator shall determine the weight of the chemical imported, processed, or otherwise used as part of the mixture or trade name product at the facility and shall combine that with the weight of the toxic chemical manufactured (including imported), processed, or otherwise used at the facility other than as part of the mixture or trade name product. After combining these amounts, if the owner or operator determines that the toxic chemical was manufactured, processed, or otherwise used in excess of an applicable threshold in §372.25, §372.27, §372.28, or §372.29, the owner or operator shall report the specific chemical identity and all releases of the toxic chemical on EPA Form R in accordance with the instructions referred to in subpart E of this part.
(ii) If the owner or operator knows the specific chemical identity of the toxic chemical and does not know the specific concentration at which the chemical is present in the mixture or trade name product, but has been told the upper bound concentration of the chemical in the mixture or trade name product, the owner or operator shall assume that the toxic chemical is present in the mixture or trade name product at the upper bound concentration, shall determine whether the chemical has been manufactured, processed, or otherwise used at the facility in excess of an applicable threshold as provided in paragraph (b)(3)(i) of this section, and shall report as provided in paragraph (b)(3)(i) of this section.
(iii) If the owner or operator knows the specific chemical identity of the toxic chemical, does not know the specific concentration at which the chemical is present in the mixture or trade name product, has not been told the upper bound concentration of the chemical in the mixture or trade name product, and has not otherwise developed information on the composition of the chemical in the mixture or trade name product, then the owner or operator is not required to factor that chemical in that mixture or trade name product into threshold and release calculations for that chemical.
(iv) If the owner or operator has been told that a mixture or trade name product contains a toxic chemical, does not know the specific chemical identity of the chemical andknows the specific concentration at which it is present in the mixture or trade name product, the owner or operator shall determine the weight of the chemical imported, processed, or otherwise used as part of the mixture or trade name product at the facility. Since the owner or operator does not know the specific identity of the toxic chemical, the owner or operator shall make the threshold determination only for the weight of the toxic chemical in the mixture or trade name product. If the owner or operator determines that the toxic chemical was imported, processed, or otherwise used as part of the mixture or trade name product in excess of an applicable threshold in §372.25, §372.27, §372.28, or §372.29, the owner or operator shall report the generic chemical name of the toxic chemical, or a trade name if the generic chemical name is not known, and all releases of the toxic chemical on EPA Form R in accordance with the instructions referred to in subpart E of this part.
(v) If the owner or operator has been told that a mixture or trade name product contains a toxic chemical, does not know the specific chemical identity of the chemical, and does not know the specific concentration at which the chemical is present in the mixture or trade name product, but has been told the upper bound concentration of the chemical in the mixture or trade name product, the owner or operator shall assume that the toxic chemical is present in the mixture or trade name product at the upper bound concentration, shall determine whether the chemical has been imported, processed, or otherwise used at the facility in excess of an applicable threshold as provided in paragraph (b)(3)(iv) of this section, and shall report as provided in paragraph (b)(3)(iv) of this section.
(vi) If the owner or operator has been told that a mixture or trade name product contains a toxic chemical, does not know the specific chemical identity of the chemical, does not know the specific concentration at which the chemical is present in the mixture or trade name product, including information they have themselves developed, and has not been told the upper bound concentration of the chemical in the mixture or trade name product, the owner or operator is not required to report with respect to that toxic chemical.
§372.38 Exemptions.
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(a)(2) The exemption in this paragraph (a) applies whether the person received the mixture from another person, or the person produced the mixture, either by mixing the chemicals involved or by causing a chemical reaction which resulted in the creation of the toxic chemical in the mixture. However, this exemption applies only to the quantity of the toxic chemical present in the mixture. If the toxic chemical is also manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the mixture or in a mixture at higher concentrations, in excess of an applicable threshold quantity set forth in §372.25, the person is required to report under §372.30. This exemption does not apply to toxic chemicals listed in §372.28, except for purposes of §372.45(d)(1).
(b) Articles. If a toxic chemical is present in an article at a covered facility, a person is not required to consider the quantity of the toxic chemical present in such article when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29 or determining the amount of release to be reported under §372.30 . This exemption applies whether the person received the article from another person or the person produced the article. However, this exemption applies only to the quantity of the toxic chemical present in the article. If the toxic chemical is manufactured (including imported), processed, or otherwise used at the covered facility other than as part of the article, in excess of an applicable threshold quantity set forth in §372.25, §372.27, §372.28, or §372.29, the person is required to report under §372.30 . Persons potentially subject to this exemption should carefully review the definitions of "article" and "release" in §372.3 . If a release of a toxic chemical occurs as a result of the processing or use of an item at the facility, that item does not meet the definition of "article."
(c) Uses. If a toxic chemical is used at a covered facility for a purpose described in this paragraph (c) , a person is not required to consider the quantity of the toxic chemical used for such purpose when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29 or determining the amount of releases to be reported under §372.30 . However, this exemption only applies to the quantity of the toxic chemical used for the purpose described in this paragraph (c) . If the toxic chemical is also manufactured (including imported), processed, or otherwise used at the covered facility other than as described in this paragraph (c) , in excess of an applicable threshold quantity set forth in §372.25, §372.27, §372.28, or §372.29, the person is required to report under §372.30 .
(1) Use as a structural component of the facility.
(2) Use of products for routine janitorial or facility grounds maintenance. Examples include use of janitorial cleaning supplies, fertilizers, and pesticides similar in type or concentration to consumer products.
(3) Personal use by employees or other persons at the facility of foods, drugs, cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary.
(4) Use of products containing toxic chemicals for the purpose of maintaining motor vehicles operated by the facility.
(5) Use of toxic chemicals present in process water and non-contact cooling water as drawn from the environment or from municipal sources, or toxic chemicals present in air used either as compressed air or as part of combustion.
(d) Activities in laboratories. If a toxic chemical is manufactured, processed, or used in a laboratory at a covered facility under the supervision of a technically qualified individual as defined in §720.3(ee) of this title, a person is not required to consider the quantity so manufactured, processed, or used when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29 or determining the amount of release to be reported under §372.30 . This exemption does not apply in the following cases:
(1) Specialty chemical production.
(2) Manufacture, processing, or use of toxic chemicals in pilot plant scale operations.
(3) Activities conducted outside the laboratory.
(e) Certain owners of leased property. The owner of a covered facility is not subject to reporting under §372.30 if such owner's only interest in the facility is ownership of the real estate upon which the facility is operated. This exemption applies to owners of facilities such as industrial parks, all or part of which are leased to persons who operate establishments in any SIC code or NAICS code in §372.23 that is subject to the requirements of this part, where the owner has no other business interest in the operation of the covered facility.
(f) Reporting by certain operators of establishments on leased property such as industrial parks. If two or more persons, who do not have any common corporate or business interest (including common ownership or control), operate separate establishments within a single facility, each such person shall treat the establishments it operates as a facility for purposes of this part. The determinations in §372.22 and §372.25, §372.27, §372.28, or §372.29 shall be made for those establishments. If any such operator determines that its establishment is a covered facility under §372.22 and that a toxic chemical has been manufactured (including imported), processed, or otherwise used at the establishment in excess of an applicable threshold in §372.25, §372.27, §372.28, or §372.29 for a calendar year, the operator shall submit a report in accordance with §372.30 for the establishment. For purposes of this paragraph (f), a common corporate or business interest includes ownership, partnership, joint ventures, ownership of a controlling interest in one person by the other, or ownership of a controlling interest in both persons by a third person.
(g) Coal extraction activities . If a toxic chemical is manufactured, processed, or otherwise used in extraction by facilities in SIC code 12, or in NAICS codes 212111, 212112 or 212113, a person is not required to consider the quantity of the toxic chemical so manufactured, processed, or otherwise used when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29, or determining the amounts to be reported under §372.30.
(h) Metal mining overburden . If a toxic chemical that is a constituent of overburden is processed or otherwise used by facilities in SIC code 10, or in NAICS codes 212221, 212222, 212230 or 212299, a person is not required to consider the quantity of the toxic chemical so processed, or otherwise used when determining whether an applicable threshold has been met under §372.25, §372.27, §372.28, or §372.29, or determining the amounts to be reported under §372.30.
§372.45 Notification about toxic chemicals.
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(d)(1) If a mixture or trade name product contains no toxic chemical in excess of the applicable de minimis concentration as specified in §372.38(a) .
The Environmental Protection Agency (EPA) finalized a rule impacting all reporting facilities that manufacture, process, or otherwise use per- and polyfluoroalkyl substances (PFAS) subject to Toxics Release Inventory (TRI) reporting (listed at 40 CFR 372.65). The agency is:
Impact on reporting entities
The final rule categorizes all PFAS on the TRI as chemicals of special concern. This action:
Reporting facilities will now be required to report all quantities of PFAS they manage or release into the environment.
Additionally, EPA eliminated the de minimis exemption for the supplier notification requirements (at 372.45) to downstream facilities for facilities that manufacture or process any chemical on the list of chemicals of special concern. Previously, suppliers weren’t required to notify product users of certain chemicals present in mixtures if their concentrations were less than 1 percent (less than 0.1 percent for carcinogens). Suppliers will now be required to notify users of any amount of a chemical of special concern contained in the mixture.
Future PFAS added to TRI
The final rule also stipulates that when PFAS are added to the TRI in the future, they will also be added to the list of chemicals of special concern on the same date. This helps EPA avoid delays in reporting requirements since the 100-pound reporting threshold for PFAS will remain in the regulations.
The final rule’s changes take effect for the reporting year beginning on January 1, 2024. The annual TRI reports for 2024 are due to EPA on July 1, 2025.
Key to remember: EPA’s recent final rule requires covered facilities to include all quantities of PFAS on their TRI reports and mandates that suppliers notify product users of the presence of any chemicals of special concern contained in the mixture or product.
SUMMARY: The Environmental Protection Agency (EPA, “the Agency”) is proposing to amend the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or non-risk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under the conditions of use. EPA has reconsidered the procedural framework rule for conducting such risk evaluations and determined that certain aspects of that framework should be revised to better align with applicable court decisions and the statutory text, to reflect the Agency's experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and to allow for consideration of future scientific advances in the risk evaluation process without need to further amend the Agency's procedural rule.
DATES: Comments must be received on or before December 14, 2023, published in the Federal Register October 30, 2023, page 74292.
View proposed rule.
Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental, health, and safety news. Please view the content links in the transcript to take a deeper dive into the topics I’ll be covering today. With that said, let’s get started!
First, let’s take a look at what’s happening in safety and health. OSHA revised its combustible dust national emphasis program. It adds several industries with a higher likelihood of having combustible dust hazards.
California’s Safety and Health Appeals Board says drinking water must be “as close as practicable” to outdoor employees.
The Pipeline and Hazardous Materials Safety Administration says that some forklift operators may be considered hazmat employees. If operators handle hazmat cargo, such as moving it from the truck to an aircraft, they need hazmat training.
OSHA posted a letter of interpretation that answers hazard communication questions related to lithium batteries. The agency says workers may be exposed to hazards during storage, handling, and maintenance activities.
Stand Up 4 Grain Safety Week was held the week of March 27. Employers were encouraged to hold toolbox talks or safety demonstrations related to grain handling and storage.
Turning to environmental news, EPA issued significant new use rules for chemical substances that were the subject of premanufacture notices. This change brings added reporting and recordkeeping.
Thanks for tuning in to the monthly news roundup. We’ll see you next month!
Hi everyone! Welcome to the monthly roundup video, where we’ll review the most impactful environmental, safety, and health news.
First, let’s take a look at what’s happening in safety and health. Machine guarding and hazard communication topped OSHA’s list of most frequently cited serious violations in fiscal year 2022. Over 1,300 citations were issued for machine guarding and over 1,800 were issued for HazCom.
Effective March 26, OSHA will cite certain types of violations as “instance-by-instance” citations, when inspectors identify high-gravity, serious violations specific to the following: falls, trenching, machine guarding, respiratory protection, permit required confined space, and lockout/tagout, as well as other-than-serious violations specific to recordkeeping.
California’s COVID-19 prevention non-emergency regulations, which require employers to protect workers from the hazards related to COVID-19, took effect February 3, and will remain in effect for two years.
A new OSHA fact sheet outlines measures to protect shipyard employees from the physical hazards of confined spaces. In the maritime sector, physical hazards in confined spaces can increase a worker’s risk of injury.
OSHA says it will withdraw its proposal to revoke Arizona’s State Plan. The state has taken measures to remain compliant with federal OSHA. However, OSHA continues to work closely with Arizona to address other state-plan concerns that weren’t part of its original withdrawal proposal.
And turning to environmental news, EPA issued a rule that finalizes first-time standards for inorganic hazardous air pollutants in miscellaneous coating manufacturing that will limit emissions and require effective controls. Final amendments include provisions for inorganic hazardous air pollutant standards for process vessels. The rule took effect February 22.
Thanks for tuning in to the monthly news roundup. We'll see you next month!
SUMMARY: The U.S. Environmental Protection Agency is issuing regulations to implement certain provisions of the American Innovation and Manufacturing Act, as enacted on December 27, 2020. This rulemaking restricts the use of hydrofluorocarbons in specific sectors or subsectors in which they are used; establishes a process for submitting technology transitions petitions; establishes recordkeeping and reporting requirements; and addresses certain other elements related to the effective implementation of the American Innovation and Manufacturing Act. These restrictions on the use of hydrofluorocarbons address petitions granted on October 7, 2021, and September 19, 2022.
DATES: This rule is effective December 26, 2023, published in the Federal Register October 24, 2023, page 73098.
View final rule.
Part 84—Phasedown of Hydrofluorocarbons | ||
Subpart B—Restrictions on the Use of Hydrofluorocarbons | Added | View text |
SUMMARY: In this action, the Environmental Protection Agency (EPA) proposes to revise the Guideline on Air Quality Models (“Guideline”). The Guideline has been incorporated into EPA's regulations, satisfying a requirement under the Clean Air Act (CAA) section 165(e)(3)(D) for the EPA to specify, with reasonable particularity, models to be used in the Prevention of Significant Deterioration (PSD) program. It provides EPA-preferred models and other recommended techniques, as well as guidance for their use in predicting ambient concentrations of air pollutants. In this action, the EPA is proposing revisions to the Guideline, including enhancements to the formulation and application of the EPA's near-field dispersion modeling system, AERMOD, and updates to the recommendations for the development of appropriate background concentration for cumulative impact analyses. Within this action, the EPA is also announcing the Thirteenth Conference on Air Quality Modeling and invites the public to participate in the conference. The conference will focus on the proposed revisions to the Guideline, and part of the conference will also serve as the public hearing for these revisions.
DATES: This proposed rule is published in the Federal Register October 23, 2023, page 72826.
View proposed rule.
Quick action using cardiopulmonary resuscitation (CPR) and automated external defibrillators(AEDs) can save the lives of the nearly 350,000 cardiac event victims each year outside of a hospital setting. But what does OSHA require for the workplace? What you didn’t know about OSHA regulations regarding AEDs may surprise you.
For every minute a patient is in cardiac arrest, their chances of survival decrease dramatically. When a patient doesn’t have a pulse and isn’t breathing, CPR should be performed until an AED is available. It’s important to note that CPR alone does not restart the heart. CPR is an oxygen circulation procedure. AEDs, on the other hand, are meant for lifesaving intervention.
CPR and early defibrillation are vital components of the emergency medical services (EMS) chain of survival that increases the odds of cardiac patient survival. However, according to the American Heart Association (AHA), even the best CPR can’t provide enough circulation of oxygen to the brain and heart for more than a few minutes. In fact, a patient whose brain is deprived of oxygen for 10 minutes or more seldom recovers.
Just like a reliable vehicle, the circulatory system is the human body’s blood transportation system, and the heart is the engine. Amazingly, the heart generates its own electrical impulses, pumping in a regular, rhythmic manner. As with any engine, the heart requires a certain amount of pressure to function and doesn’t work well when clogged with grease or debris. The most common causes of sudden cardiac arrest include a heart attack, electrocution, and asphyxiation — all of which could occur in the workplace. Common signs and symptoms include:
CPR provides the pressure for the body’s “engine” to oxygen circulating, while an AED provides the electrical impulses to keep the engine pumping.
OSHA 1910.151 requires first aid treatment be provided in the absence of an infirmary, clinic, or hospital in near proximity to the workplace used to treat injured employees. This may include assisting a victim of cardiac arrest using CPR or defibrillation.
OSHA requirements for CPR and defibrillation differ considerably. Standards requiring CPR include:
OSHA recommends basic adult CPR refresher training and retesting every year, and first aid training at least once every three years. CPR training include facilitated discussion along with ’hands-on’ skills training that uses mannequins and partner practice.
Though OSHA recognizes AEDs as important lifesaving technology that plays a role in treating cardiac arrest, the agency doesn’t currently require their use in the workplace. Instead, OSHA wants employers to assess their own requirements for AEDs as part of their first aid response.
AEDs are considered Class III medical devices which means the Food and Drug Administration (FDA) has some oversight on their use. Almost all AEDs require the purchaser to obtain a prescription from a physician under FDA regulations. The prescription process is meant as a quality control mechanism to ensure AEDs are properly maintained, that all designated responders are properly trained, and assist employers with establishing an emergency response plan for their workplace AED program.
The AHA requires AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.” Though easy to use, each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. Additionally, AED users must be trained to understand the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.
AEDs are light, portable, easy to use, and inexpensive. They’re best placed near high-hazard areas such as confined spaces, near electrical energy, or in remote work areas. Response time to reach AEDs should be kept within 3–5-minutes.
Need more information on defibrillators in the workplace? See our ezExplanation on AEDs. |
Many states require or encourage CPR and AED training from nationally recognized organizations. Any AED training should include CPR training. OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as AHA, the American Red Cross, or National Safety Council is recommended.
While OSHA doesn’t currently require the use of AEDs in the workplace, they do expect employers to assess their own AED requirements as part of their first aid response. AED training is required by most states and should include CPR with a hands-on practical component.
OSHA requires employers to provide all workers with immediately available and sanitary restroom or toilet facilities. But does this include truckers and delivery drivers that stop at your facilities? The sanitation standards (1910.141, 1926.51, and 1928.110) are meant to protect all workers from adverse health effects from unsanitary toilets facilities, or the unavailability of facilities when needed.
Bipartisan legislation has recently been introduced in the House that would require businesses to provide restroom access to truckers who are loading or delivering cargo at their warehouses, manufacturers, distribution centers, retailers, and ports.
Supported by leading organizations in the trucking industry, the Trucker Bathroom Access Act (H.R. 9592) was introduced on Dec. 15, 2022. The bill requires retailers, warehouses, and other establishments with existing restrooms to provide access to drivers who are loading or delivering cargo. Additionally, operators of ports and marine terminals must provide access for drayage and parking while accessing such restrooms.
This amendment to Title 49 would exempt some employers from the bill including filling and service stations, and restaurants 800-square feet or smaller with restrooms intended for employee use only. The bill doesn’t require employers to construct new restrooms but to give truck drivers the same access as employees or customers.
Commercial truckers and delivery drivers are the lifeline of our supply chain of supplies, products, and consumables. Working tirelessly all hours, during holidays and weekends, and throughout the pandemic, they continue to deliver critical food and emergency supplies to companies everywhere. Employers have the privilege of demonstrating gratitude to truckers and delivery drivers with a positive work environment.
The benefits of allowing truckers and delivery drivers the convenience and safety of readily available, sanitary restroom facilities are plenty. They’re able to rest and reset when necessary, which keeps them and others safer on the roads. Equally important, restroom availability prevents drivers from having to search for available facilities elsewhere, allowing them to keep a timely delivery schedule, limit supply chain delays, and ultimately lower costs for employers and customers.
The proposed Trucker Bathroom Access Act will require retailers, warehouses, and other establishments with existing restrooms to provide access to truckers and delivery drivers who are loading or delivering cargo. Access to restrooms keeps them refreshed and ready to deliver essential supplies to companies across the country.
Safety has the workforce brimming with color. In fact, 29 CFR 1910.144 and 1910.145 tell us precisely what OSHA expects for safety color coding to identify hazards in the workplace. Signs, warning labels, symbols, and other color coding in your facilities should have your employees seeing red. But what if they can't?
Though rare, color blindness is the inability to distinguish between colors as most people do. This makes it difficult for workers to see colors intended to protect them from harm. Color blindness can vary, making it difficult to distinguish between red and green or blue and yellow hues - the very shades of safety.
Some individuals can't see any colors, which is called monochromacy. Workers with this type of color blindness may have trouble seeing clearly and may be more sensitive to light. Employers must collaborate with these employees to ensure alternative measures are taken to protect their eyes and clearly communicate warnings and hazards.
The color identifiers below differentiate the various levels of risk and hazards for workplace safety. Employers must ensure workers with color blindness are able to understand hazards in the workplace and the meaning of signs and warning labels.
RED - identifies fire and fire protective apparatus, danger, and emergency stops. It marks areas near open flames or flammable materials, fire extinguishers, and where workers are directed to stop an action.
ORANGE - warns workers of hazardous parts of equipment that could physically harm people or the facility. Typically used as labels on machinery, orange may also be used on signs, hard hats, safety vests, and other objects.
YELLOW - designates caution and is used for marking physical hazards, such as falling, pinch points, contact hazards, and other similar hazards.
GREEN - identifies directional safety information. This includes pointing workers to emergency egresses, safety showers or eyewash stations, first aid stations, and other safety equipment.
BLUE - not always safety-related, provides information regarding a particular location, process, or item. Employers may use blue signs to convey workplace policies, instructions, or locations, such as "Employees Only."
PURPLE - often combined with yellow, alerts workers to radiation hazards.
BLACK/WHITE - provides instructional and directional information. This includes speed limits, one-way traffic, and aisle markings.
Having a standardized color-coding system for safety is effective for alerting employees of workplace hazards - if they can see the colors properly. For those who can't, employers must ensure these workers understand the hazards and warning signs throughout the workplace.
Interested in learning more? See our ezExplanation on Color Coding. |
Not only are employers required to ensure workers understand warning signs and colors, but they must also protect workers from becoming color blind. That's right - color blindness can be acquired. Exposure to lead or carbon disulfide can cause color blindness, even at low levels. Terminal illness and alcohol consumption can also contribute to color blindness, so employers should promote health as part of their safety and health programs.
Color blindness is considered a disability according to the Americans with Disabilities Act (ADA). Employers are required to reasonably accommodate employees with disabilities.
Employers must ensure employees with color blindness are able to understand hazards in the workplace and the meaning of signs and warning labels. The ADA requires employers to make reasonable accommodations for workers with disabilities, including color blindness.
SUMMARY: The U.S. Environmental Protection Agency (the EPA) is soliciting information and requesting comments to assist in the potential development of non-regulatory and regulatory options that would ensure the proper management of used industrial containers that held hazardous chemicals or hazardous waste, up to and including the drum reconditioning process. Options could include revising the Resource Conservation and Recovery Act (RCRA) regulations or other, non-regulatory options. This Advance Notice of Proposed Rulemaking (ANPRM) does not propose any regulatory requirements or change any existing regulatory requirements.
DATES: Comments must be received on or before November 22, 2023, published in the Federal Register August 11, 2023, page 54537.
View proposed rule.
Hi everyone! Welcome to the monthly roundup video, where we’ll review the most impactful environmental, safety, and health news. First, let’s take a look at what’s happening in safety and health.
If you haven’t already done so, now is the time to post your OSHA 300A Summary. Employers are required to post the Summary in a conspicuous place from February 1st through April 30th.
As required by law, OSHA increased its penalties for inflation in mid-January. Penalties went up 7.7 percent, effective January 17th.
Also in January, OSHA released its long-awaited Fall 2022 regulatory agenda. Along with numerous proposed rules in the works, three major final rules are slated for 2023 – COVID-19 in healthcare, Injury and Illness tracking, and an update to the hazard communication standard.
OSHA recently released two new letters of interpretation, which address exit signs and lockout/tagout. Specifically, OSHA states that the International Standards Organization emergency exit symbol can be located beside the mandatory EXIT text on an existing sign.
The second letter addresses the applicability of lockout/tagout and the maintenance and operations of cathodic protection rectifiers when working on pipelines.
New York’s Warehouse Worker Protection Act was signed into law in December and takes effect in late February. It protects warehouse distribution workers from undisclosed or unlawful work speed quotas and includes protections for workers who fail to meet these quotas.
In 2021, a worker died every 101 minutes from a work-related injury, according to the Bureau of Labor Statistics. A total of 5,190 fatal work injuries was recorded in the U.S. in 2021, an 8.9 percent increase over 2020.
Turning to environmental news, EPA automatically added nine per- and polyfluoroalkyl substances, or PFAS, to the Toxics Release Inventory, or TRI, list. Four PFAS were added since they are no longer claimed as confidential business information.
EPA released its Fall 2022 regulatory agenda in early January. Included are major regulations impacting the National Ambient Air Quality Standards, waters of the United States, and modifications to the Risk Management Program under the Clean Air Act.
There are also a number of rules related to the National Emission Standards for Hazardous Air Pollutants in various rule stages.
And finally, beginning with model year 2027, heavy-duty trucks will be required to meet clean air standards that are 80 percent more stringent than current requirements.
EPA says this final rule is aimed at reducing smog- and soot-forming emissions, increasing the life of governed vehicles by up to 250 percent, and increasing emissions warranty periods up to 450 percent.
Thanks for tuning in to the monthly news roundup!
According to OSHA, “If you focus on achieving goals, monitoring performance, and evaluating outcomes, your workplace can progress along the path to higher levels of safety and health achievement.” Workplace safety apps can help.
Mobile safety apps are great resources for both employers and workers. They can help track hazards and perform inspections, identify exposures, and report incidents fast and efficiently. Many apps are available for any kind of mobile device, are free to download, and are applicable to a variety of industries.
The OSHA/NIOSH Heat Safety Tool automatically calculates the real-time Heat Index based on the worker’s current location and displays temperature and humidity percentage. The app provides protective measures for the risk level and can track hourly temperatures to prevent heat stress. The Heat Safety Tool also provides symptoms of heat-related illnesses and first aid steps, including hydration and reminders to take rest breaks.
Need more information on the Heat safety? See our ezExplanation on Heat Stress. |
The NIOSH PPE tracker helps employers seamlessly track and log personal protective equipment (PPE) information. It allows for the recording and analysis of facility types where PPE is used as well as daily inventories. Reports generated from the app help with the management and procurement of PPE.
The NIOSH Pocket Guide to Chemical Hazards app allows worksite chemicals to be searched to better identify properties, storage and use requirements, and required PPE. Information provided by the app clarifies industrial hygiene information and recommendations for respirator use, symptoms of exposure, and first aid.
The NIOSH Sound Level Meter (SLM) app was developed by acoustics engineers and hearing loss experts to help workers better understand their noise environment and hearing health. The SLM measures sound levels in the workplace and uses a built-in microphone to identify noise levels that are considered hazardous. Information can be shared as HTML or PDF reports that help determine proper protective equipment and implement controls to combat hearing loss.
The NIOSH Ladder Safety app guides workers through important safety information when selecting and using a straight/extension or step ladder. From ladder setup, inspection, and safe use, workers are provided with the information they need to safely use ladders on the job.
The NIOSH Lifting Equation Calculator (NLE Calc) provides quick and easy calculation of Lifting Index (LI) and Composite Lifting Index (CLI). These indexes are based on information the user provides about the job such as hand location, load weight, and frequency and duration of the lift. The app gives recommendations for safe lifting before the lift is even started.
The NIOSH Mast Climbing Work Platform (MCWP) safety tool is an inspection app that assists construction workers to safely use elevating equipment when working at heights. The app helps workers identify hazards and helps employers and safety professionals with training and compliance.
The American Red Cross First Aid app provides instant access to lifesaving information from experts. Employees can use the app as a reminder of how to handle common first aid situations and stay prepared for various emergencies using videos and interactive quizzes. The ARC Workplace Safety app also allows calls to 911 directly from the app to summon emergency assistance.
The ErgoMine ergonomics audit tool is designed specifically for mining hazards such as slip, trip, and fall hazards; musculoskeletal disorder (MSD) risks, and management of identified safety deficiencies. Audits are available for bagging, haul truck, and maintenance and repair operations at surface mining and processing facilities. Based on audit entries and checklists responses, the tool provides recommendations for remediating hazards and making ergonomic improvements.
Ensuring workplace safety is a never-ending endeavor. Employers can benefit from workplace safety apps designed to monitor and evaluate hazards in the workplace. Check out the free apps mentioned above to see how it can benefit your workplace.
The 150 air-mile exemptions, which are in the regulations at 395.1(e)(1) and (2), allow a driver to use a time record in place of a log, provided that certain conditions are met. While this is possibly the most widely used hours-of-service exemption, it may be the most commonly misused exemption, as well.
To be able to use this logging exemption in 395.1(e)(1), the driver must:
The company must retain the time record and have it available for inspection for six months.
Need more info? View our ezExplanation on the 150 air-mile exception. |
If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.
If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).
When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).
If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.
Here are some of the common myths and misunderstandings about the 150 air-mile exemption:
The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.
If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.
If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.
If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).
If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.
During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!
When drivers fail a DOT test or engage in other prohibited drug or alcohol behavior, their commercial driving careers are stalled until specific steps in rehabilitation and treatment are completed.
Read our FAQ: What happens if a DOT return-to-duty or follow-up test is canceled? |
A commercial driver is required to go through the DOT return-to-duty process if:
Actual knowledge occurs when information is provided to the motor carrier indicating a DOT testing violation. This might be learned through:
When a motor carrier learns of a testing violation on a new hire, it must obtain proof that the driver has completed the return-to-duty process. Otherwise, the motor carrier would have to begin the return-to-duty process or pick up where it left off.
To resume a safety-sensitive function, the driver must complete the following return-to-duty steps in Subpart O of Part 40.
When drivers engage in prohibited drug or alcohol behavior, they must be immediately removed from performing all safety-sensitive functions. If on a dispatch, a driver must be told of the test result and instructed to park the vehicle. This notification often involves making arrangements to get the driver home and continue the run with different driver.
The employer must present the driver with a list of substance abuse professionals (SAPs) who have the appropriate credentials and DOT training to perform driver evaluations. The list must be given without a fee and made available to the driver (or driver applicant) whether or not the carrier retains the driver.
If the motor carrier does not have another face-to-face meeting with the driver, this list may be mailed or emailed to the driver.
For drug test results, the medical review officer (MRO) will report the violation to the Clearinghouse. This includes shy bladder scenarios without a valid medical explanation.
Failed alcohol tests (.04 or greater BAC), actual knowledge, and certain refusal to test scenarios are reported by the motor carrier to the Clearinghouse.
After the SAP list is given to a driver, the motor carrier cannot force a driver to begin the process. Nevertheless, to resume safety-sensitive functions, the driver must seek a face-to-face evaluation from a qualified SAP as a first step.
Payment of the evaluation is not required of the employer. Instead, it is based on labor-management agreements and healthcare benefits.
The SAP’s referral to an education and/or treatment program is based on a clinical evaluation of the driver during the face-to-face meeting. The SAP should have a working knowledge of what programs and counselors are available.
The SAP may take into consideration the driver’s ability to pay and insurance coverage. Once a SAP-approved provider has been agreed upon with the driver, the SAP will facilitate the referral and provide the program with the diagnostic determinations that led to the treatment plan. Programs range from outpatient treatment to partial or full in-patient resources.
Once the treatment plan has ended, the SAP will determine if it was a success. This decision is based on information provided by the education and/or treatment program and another face-to-face evaluation with the driver.
This second evaluation will result in one of three determinations:
If the SAP is satisfied with the driver’s ability to return to driving, the SAP will issue a report to the designated employer representative (DER). This report will list any continuing treatment and education, if required, and the number of DOT follow-up drug and/or alcohol tests required in a given time frame. The driver will be required to have a minimum of six unannounced follow-up tests in the first 12 months following the return to a safety-sensitive function. The SAP may require follow-up testing for up to five years.
For all Part 382 violations occurring since January 6, 2020, the SAP is required to report the successful completion of the evaluation and treatment to the Clearinghouse, provided the driver has designated the SAP in the driver’s personal Clearinghouse account.
The DER must wait for the go-ahead in the SAP report before sending the driver for the return-to-duty drug and/or alcohol test. All return-to-duty drug tests are performed under direct observation. The motor carrier must report a negative return-to-duty test to the Clearinghouse. In order for the “prohibited” status to be lifted from the driver’s record, both the SAP and motor carrier submission must be entered onto the driver’s record.
Once the Clearinghouse is no longer showing an unresolved testing violation, the driver can return to a safety-sensitive function.
Editor’s Note: Violations occurring prior to January 6, 2020, are not tracked in the Clearinghouse. Instead, the motor carrier would use the SAP report as a green light to perform the return-to-duty test, and once the negative test result is received, the driver can resume a safety-sensitive function.
After the driver returns to safety-sensitive functions, the motor carrier must carry out the unannounced follow-up tests under direct observation as prescribed in the SAP report. The DER must ensure that the tests do not have any discernible pattern.
The follow-up tests are in addition to any other DOT-required tests (e.g., random, post-accident). For instance, you cannot use a follow-up test as a substitute for a random test or vice versa.
If the driver leaves the motor carrier prior to the completion of the very last follow-up test, the next employer(s) must pick up where the process left off.
When the follow-up program is complete, the motor carrier under whose program the last test was performed must report this to the Clearinghouse. If the violation predates the Clearinghouse, the employer does not report the completed follow-up program to anyone.
If the motor carrier fails to begin or continue with a driver’s DOT return-to-duty process and follow-up testing, it is an acute violation that could cost the company up to $15,876. Allowing this driver to operate a CMV puts the carrier at risk of negligent entrustment claims if there is a crash.
The FMCSA is planning to test the effects of letting commercial truck drivers “pause” their 14-hour on-duty limit by up to 3 hours per day.
The agency is hoping to enlist up to 400 drivers to participate in its three-year “Split Duty Period Pilot Program.” Participants would be allowed to use one off-duty break of between 30 minutes and 3 hours to pause the 14-hour driving window, as long as they take 10 consecutive hours off duty at the end of the day. The pause should enable drivers to reduce fatigue, avoid congestion, reduce the pressure to speed, and be more productive, the FMCSA says.
Normally, short breaks taken during a driver’s day must be subtracted from the driver’s 14-consecutive-hour window during which driving is allowed.
For more information, see our ezExplanation on the 14-hour on-duty rule. |
Under new rules in effect on September 29, 2020, some truck drivers can pause their 14-hour limit with a break of 2 hours or more, but only if they also spend at least 7 hours in a sleeper berth (see below). Under the pilot program, drivers could pause the clock with off-duty time alone, without the need for a sleeper berth. This idea was proposed back in 2019 but didn’t find its way into the recent rule changes because the FMCSA didn’t have enough data to justify it.
As required by law, the FMCSA is gathering public input on the proposal until November 2nd. It will then decide whether to implement the program. After the program concludes, the agency will need to report to Congress on its findings before it could proceed with any changes to the hours-of-service regulations.
Participation in the pilot program would be limited to between 200 and 400 commercial driver’s license (CDL) holders from companies of all sizes, with each driver participating for up to one year. Motor carriers that want to enroll in the program will need to apply via an FMCSA website which could be available late this year. Comments on the proposal may be submitted online at www.regulations.gov under docket number FMCSA-2020-0098.
Truck drivers who fall under the federal hours-of-service rules can already pause their 14-hour clock with a short rest break, as of September 29, 2020 (see log image). This is known as the “split sleeper-berth” option, and it works like this:
Key to remember: The FMCSA plans to test the safety of allowing truck drivers to pause their 14-hour clock with a rest break of up to 3 hours, even if they don’t have a sleeper berth. The pilot program could open later this year.
As of January 1, 2023, heavy-duty trucks and buses with engines from model years 2007 to 2009 operating in California must be either:
This is the final step in the phase-in of the Truck and Bus regulation. Covered vehicles originally built with engines older than model year 2006 must have already been replaced or retrofitted.
Need more on CMV maintenance? See our ezExplanation Inspection and Maintenance. |
One issue that has come up is new vehicles are not available for delivery before January 1, 2023. This means fleets that operate in California that cannot get a replacement vehicle will be faced with the choice of either retiring their 2007 to 2009 engine vehicles without a replacement or operating in violation as of January 1, 2023.
However, the California Air Resources Board (CARB), the agency that oversees the Truck and Bus program, is aware of the situation and has provided an exemption. If the company has a written contract to purchase a new vehicle to replace a vehicle with a 2007 to 2009 engine in place before September 1, 2023, the existing vehicle can be operated until the replacement is placed in service.
To use this exemption, the company must register in CARB’s Truck Regulation Upload, Compliance, and Reporting System (TRUCRS) and report the use of the exemption. This is especially important to California-based companies as vehicle registration is tied to compliance with the Truck and Bus regulations requirements.
As of January 1, 2023, California will be placing roadside emissions monitoring devices (REMD) at locations around the state. These devices check emissions on any vehicle that passes it. If the device determines a vehicle may be a high emitter, the owner will receive a Notice to Submit to Testing. This will require the vehicle to be brought in to a “referee” location where the emissions and emissions components can be inspected.
These Truck and Bus requirements go into effect on January 1, 2023, and only apply to vehicles operating in California.
Most motor carriers review their roadside inspection reports for the obvious reasons: fixing mechanical defects and identifying unsafe or noncompliant driver behavior.
Some violations are easy to decipher, such as a burned-out light bulb or exceeding the speed limit by a specific range. Others take a little more to figure out, such as doing the math to determine when and how a driver exceeded hours-of-service (HOS) limits. Then there are all those 392.2 violations with suffixes. Some count against a carrier’s Compliance, Safety, Accountability (CSA) scores, while others do not, depending on whether they contribute to causing a crash.
One that often baffles motor carriers is 392.2C.
Section 392.2C is enforcement’s code for “failure to obey traffic control device.” The C stands for control.
The citation appears in the severity table for the Unsafe Driving BASIC (Behavior Analysis and Safety Improvement Category). The violation has been assigned a value of 5 out 10, with 10 being the most severe. The violation is used when calculating both the carrier’s and driver’s Unsafe Driving BASIC scores.
In most instances, the traffic control device is not a signal light or stop or yield sign. Rather, it is the sign that instructs the driver to pull into a weigh station.
View our Weigh Stations ezExplanation for additional information. |
The vehicles that must stop at scales and inspection locations vary from state to state and even from location to location within a state. The “weigh scale ahead” or similar sign should be the driver’s guide.
If the sign reads:
Often those who operate commercial vehicles not requiring a commercial driver’s license, such as a large pickup truck or small box truck, mistakenly believe weigh scale inspections are just for larger rigs.
If a driver goes past a weigh station without pulling in as directed by a traffic control device, enforcement will pursue and pull over the driver. The officer will then escort the driver back to the weigh station for a roadside inspection.
Even if the driver was honestly confused whether the sign applied to the vehicle, it is too late. And more than likely enforcement’s interest has been piqued. It is highly unlikely the driver will be waived through at this point, and 392.2C will be entered on the roadside inspection report.
CSA’s enforcement model suggests finding the root cause of roadside inspection violations to prevent future occurrences and ultimately improve BASIC scores.
A violation of 392.2C may have one of several root causes, such as:
Whatever the reason, it must be addressed with the driver. Corrective actions range from refresher training to termination. If the driver was trying to avoid enforcement for other reasons (drugs, alcohol, over HOS limits), these other violations need to be addressed accordingly.
Key to remember: Failing to obey a traffic control device will be used in calculation of the CSA Unsafe Driving BASIC scores. Motor carriers should address the root cause of the violation so it does not recur.
Often, we’re presented with different driver and hazmat load scenarios along with one basic question: in this situation, does my driver need a hazmat endorsement on his or her commercial driver’s license (CDL)?
Typically, this comes up in two common situations:
First, a lesson on hazmat endorsements. For the hazmat endorsement requirements, we need to look at the Federal Motor Carrier Safety Administration (FMCSA) regulations, as CDLs are an FMCSA requirement.
Section 383.5 defines hazardous materials as “any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.”
The key phrase in this definition is “required to be placarded.” If a hazardous material is required to be placarded, then the hazmat endorsement is also required.
Now, to address our two common situations.
Class 9
Class 9 materials do not require placards for domestic transportation and as a result, a hazmat endorsement is not required if the driver is transporting only Class 9 materials. Placards aren’t required; therefore, the hazmat endorsement is not required.
Many of you might be wondering, “What if I placard Class 9 materials anyway?” The answer to this question goes back to the key phrase in the definition — “required to be placarded.” While Class 9 materials do not require placarding, they may be placarded according to the hazardous materials regulations (HMR). If you choose to placard a Class 9 material, that’s fine, but the endorsement is not required because the placards were not required.
Diesel fuel
Whether diesel is regulated largely depends on the type of packaging. Generally, combustible liquids such as diesel are not subject to the HMR when in non-bulk packaging. Therefore, when diesel is transported in non-bulk packaging, placards are not required.
However, when diesel is transported in bulk packaging (greater than 119 gallons liquid capacity), it is regulated and does require placards.
Therefore, a hazmat endorsement is required if the driver is transporting diesel in bulk packaging requiring placards.
Remember, whether a package is bulk or non-bulk depends on the capacity of the packaging.
When placards are required by the hazmat regulations, a hazmat endorsement is required. If placards are placed on a hazmat shipment, but are not required to transport the hazmat legally, then the driver does not require a hazmat endorsement.
Wage overpayment errors happen for many reasons — from clerical mistakes to payroll system snafus.
Regardless of the reason, employees are not necessarily entitled to keep the extra money, and employers need to know their obligations for recouping it.
Under the federal Fair Labor Standards Act (FLSA), employers don’t need an employee’s permission to recoup wage overpayments. The extra money is seen as a loan or a wage advancement to the employee.
Because of this, employers are generally free to recoup the overpayment from the next paycheck — even if such a deduction cuts into the minimum wage or overtime pay due the employee under the FLSA.
State laws, however, may have greater restrictions. For example, New York employers may only make deductions from an employee’s wages for “an overpayment of wages where such overpayment is due to a mathematical or other clerical error by the employer.”
There are also limitations on the timing and duration, frequency, and method and amount of recovery.
The bottom line is, employers should try to avoid getting themselves into an overpayment situation in the first place. Supervisors should closely review their direct reports’ timesheets to catch errors before paychecks are issued
Also, employees should be encouraged to review their pay stubs for accuracy to help catch mistakes sooner rather than later.
If a mistake happens, employers should do their due diligence to communicate with the affected employees and make a reasonable plan to recoup the funds (provided it’s allowed under state law) so as not to cause any unnecessary financial harm to employees.
Wage overpayment errors can and will occur. Employers need to know their obligations under both federal and state laws before recouping money.
When an employee is on leave under the Family and Medical Leave Act (FMLA), the employer must maintain benefits under the company’s group health plan.
Thus, employees generally must continue paying their share of the health insurance premiums.
But how do employees pay their share of the premiums when FMLA leave is unpaid? Employers may offer three payment options:
Employers may allow a combination of these options, such as pre-pay for part of the leave and catch-up for the remainder. Below is a breakdown of the three available payment options.
When unpaid FMLA leave is foreseeable, employers may allow employees to pre-pay their premiums. For example, if an employee is adopting a child and requests several weeks for bonding time but does not have enough vacation to cover the entire absence, an employer could allow the employee to pre-pay his or her premiums for the portion of the leave that would be unpaid.
Employers may not require an employee to pre-pay, so this cannot be the only option offered.
If an employee chooses this option, however, employers may collect premiums on a pre-tax basis – with one exception. If the absence will extend into the next tax year (such as leave from December through January), only the premiums for the current tax year may be pre-paid with pre-tax income. The IRS does not allow employees to defer untaxed income from one year to the next.
In this example, the premiums for January could either be pre-paid with after-tax income, or the employee could elect one of the other options (pay-as-you-go or catch-up).
Under the pay-as-you-go option, employees pay their share of the premiums based upon the agreed terms made between the employer and employee. These payments are usually made on an after-tax basis.
For example, the employee might mail in a personal check every two weeks. If the employee fails to send in the checks, or otherwise fails to make payments using the agreed-upon system, the FMLA does allow employers to drop coverage after giving specified notices of non-payment.
Dropping coverage would likely cause some administrative headaches, and some insurers may refuse to do this because the employee would have to be reinstated to the health plan upon return from FMLA leave.
Therefore, employers may prefer to continue coverage by paying the employee’s share of the premiums, then use the catch-up option once the employee returns to work. Some insurance carriers recommend this as an alternative to dropping coverage.
Under the catch-up option, the employer and employee agree that the employee will not pay premiums until he or she returns from leave.
This option might be used when the need for FMLA leave was not foreseeable, such as having to care for a parent who was unexpectedly hospitalized.
To use this option, the employer and employee must agree in advance that:
When the employee returns, the employer collects the current premiums plus any catch-up payments, perhaps taking double premiums, until caught up. Contributions under the catch-up option may be taken on a pre-tax basis.
The IRS regulations indicate that, if the employee chooses the pay-as-you-go option, but fails to make the required payments, you may change to the catch-up option even without the employee’s prior agreement.
Employees on unpaid FMLA leave must still pay their share of health insurance premiums by either pre-paying, paying as they go, or making catch-up contributions upon returning to work.
A new year often begins a new round of employee performance reviews. Since the Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 (or 26) weeks of leave, many events can occur during an employee’s leave, including the employee’s pre-scheduled performance review. Such reviews might take place on an annual or other scheduled basis. How you treat the timing of those reviews should include some thought.
If, for example, Jo Employee takes 12 weeks of FMLA leave, during which her annual performance review is scheduled, here are some questions to ponder:
Delaying a review
An annual performance review generally takes into consideration a full years’ worth of work. Some employers think it’s best to delay the performance review by the same amount of time an employee took FMLA leave to capture an entire years’ work. This practice, however, might risk running afoul of one of the cornerstones of the FMLA: Returning the employee to his or her position, including the equivalent pay, benefits, and working conditions.
The issues can be particularly concerning if the performance review affects wage increases or other compensation.
What the regulations say
The FMLA regulations indicate that an equivalent position includes equivalent pay, which includes any unconditional pay increases that may have occurred during the FMLA leave period. Equivalent pay also includes bonuses or payments, whether discretionary or non-discretionary. FMLA leave cannot undermine the employee’s right to such pay.
Furthermore, “… employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions; nor can FMLA leave be counted under no fault attendance policies.” [29 CFR 825.220(c)]
Avoiding a negative factor
Therefore, you would need to look at whether delaying an employee’s performance review could be seen as having a negative factor for the employee.
If, for example, Jo Employee took 12 weeks of leave from April through June, during which she would otherwise have obtained a pay increase in May, but you delayed this increase until September (so you could use a full 12 months of work), you may have violated the equivalent pay provision. If delaying a review creates a new review schedule going forward, the negative impacts could continue.
If, however, a pay increase is conditioned upon seniority, length of service, or work performed, you would grant it in accordance with your policy or practice as applied to other employees on an equivalent leave status for a reason that does not qualify as FMLA leave.
In other words, don’t treat an employee on FMLA leave differently than you would an employee on other forms of leave.
Key to remember: It might be less risky to keep the performance review on schedule and prorate wage increases to account for FMLA leave.
Many employers have a policy of requiring employees to supply a doctor’s note to account for their use of sick leave. Of course, this type of policy is intended to discourage the abuse of paid time off, and it is legal, but if enforcing such a policy, consider the following:
Essentially, the stricter the policy, the more problematic it could be. If a company requires a doctor’s note for a single sick day, it may find the policy difficult to enforce. On the other hand, it may be more reasonable to indicate that such a note may be required for extended absences (perhaps of three days or more). The key is to strike a balance between not encouraging employees to work sick but also making sure they’re not abusing the system.
Remember, if an employee is off work under the Family and Medical Leave Act (FMLA), employers should not ask for doctor’s notes for intermittent absences, as it’s akin to a recertification. There are limited circumstances in which an employer can ask an employee to recertify their need for FMLA Leave.
Recent news headlines say many employers are requiring employees to return to the physical office; some after employees have been working remotely for about three years.
Since the long arm of long COVID and other medical conditions (physical or mental) continue to haunt the workplace, employers could find employees asking to keep working remotely because of their condition.
To help with these requests, here are six steps to take when an employee asks to work remotely as a reasonable accommodation under the Americans with Disabilities Act (ADA):
If this process looks familiar, it is because it’s pretty much the same process used for any accommodation request under the ADA. The goal is to find an effective solution for both employer and employee.
Key to remember: Having a process to follow can not only help comply with the ADA, but it can also help employees get their jobs done even while working remotely. Ensure employees are treated fairly, which can go a long way toward retention goals, as well as help avoid discrimination claims.
Last month, the U.S. Department of Labor (DOL) filed suit against a restaurant and its owner for back wages and liquidated damages for 26 employees.
An investigation by the DOL’s Wage and Hour Division (WHD) found multiple violations of the federal Fair Labor Standards Act (FLSA), including making illegal deductions from servers’ pay for uniforms, aprons, name tags, and lost items such as crackers and utensils, resulting in employees not earning minimum wage.
The WHD alleged that the company owes $75,402 in back wages to the 26 workers.
Limits on employee wage deductions
While restaurant profit margins might be thin and overhead expenses high, that doesn’t mean the business may dock employees’ pay for these kinds of costs. Many companies in the service industry have business-related expenses like the ones listed above, as well as:
The FLSA does not, however, allow employers to make deductions from employee pay for any items which:
Case in point
If, for example, Bob’s Business requires Jo Employee to wear a uniform because it’s required by:
The cost is considered Bob’s Business’ expense and not Jo’s.
If Bob wants Jo to wear specific clothing not worn outside of work, Bob will likely need to cover the cost. If Bob wants Jo to wear a general uniform like regular khakis and a polo shirt that can also be worn outside of work, Bob may require Jo to pay for it without considering the cost as coming out of Jo’s wages.
Otherwise, Bob may not require Jo or any employee to pay for uniforms that would bring their pay below the federal minimum wage.
How much do employees pay?
If an employer requires employees to bear the cost of work-related expenses, it may not reduce the employee's wage below the federal minimum wage of $7.25 per hour. Nor may that cost cut into overtime compensation required by the FLSA.
If, for example, Jo was paid $7.75 per hour and worked 30 hours in the workweek, the maximum amount the employer could legally deduct from Jo’s wages would be $15 ($.50 X 30 hours).
Employers may spread out deductions for uniform or other costs over a period of paydays, as long as they’re compliant with the FLSA.
Key to remember: Improper wage deductions are on the WHD’s radar, especially in certain segments. The restaurant industry employs people who, in addition to being among the nation’s lowest paid workers, can also be vulnerable to wage theft because they might not know their rights and protections or be reluctant to exercise them. Therefore, the WHD takes these cases seriously.
The COVID-19 outbreak created a shortage of latex and nitrile gloves in many workplaces.
Latex and nitrile gloves are used extensively in health care, and their disposable (single use) nature meant that large quantities were consumed during the peak of the pandemic. The shortage was also worsened because of hoarding by some consumers. In addition, certain businesses and government agencies began using these gloves to protect employees, even if their workers didn’t normally require gloves on the job.
If you have trouble obtaining your staff’s usual gloves, be prepared to identify feasible alternatives. You don’t want to endanger them by having them wear any old gloves they find lying around.
To identify alternatives for workers who rely on latex or nitrile gloves as PPE, you must know which chemicals workers handle or come in contact with. That’s because all glove materials are not suitable for all hazards.
Evaluate which materials offer appropriate protection from the specific chemicals that workers handle to select appropriate alternative gloves.
Here’s a summary of glove types and the protection given to help evaluate alternatives.
Butyl gloves protect against a variety of chemicals such as peroxide, highly corrosive acids, strong bases, alcohols, aldehydes, ketones, esters and nitrocompounds. Butyl gloves also resist oxidation, ozone corrosion and abrasion, and remain flexible at low temperatures. However, they do not perform well with aliphatic and aromatic hydrocarbons and halogenated solvents.
Natural (latex) rubber gloves have good elasticity and temperature resistance, and resist abrasions well. They protect against most water solutions of acids, alkalis, salts, and ketones. Latex gloves may cause allergic reactions and may not be appropriate for all employees. Hypoallergenic gloves, glove liners, and powderless gloves are possible alternatives for employees who are allergic.
Neoprene gloves protect against hydraulic fluids, gasoline, alcohols, organic acids, and alkalis. Their chemical and wear resistance are generally better than gloves of natural rubber.
Nitrile gloves are intended for jobs requiring dexterity, and they stand up even after prolonged exposure to substances that cause other gloves to deteriorate. They offer protection when working with greases, oils, acids, caustics, and alcohols but are not recommended for use with strong oxidizing agents, aromatic solvents, ketones, and acetates.
OSHA’s 1910.151(c) standard, Medical Services and First Aid, requires that employers provide emergency eyewashes when employees may be exposed to injurious corrosive materials during the course of their work. Employers have a wide range of eyewash types available to choose from on the market, including portable units (i.e., eyewash bottles). While many employers use bottles, OSHA says that they can’t be the only eyewash made available to employees, and their use should be limited.
The OSHA standard does not provide a great deal of detail on eyewashes for employers. However, where the regulation is silent, OSHA refers employers to the American National Standards Institute (ANSI) standard Z358.1-2009, “Emergency Eyewash and Shower Equipment,” regarding installation, operation, and maintenance of emergency eyewashes. This includes capacity and flushing requirements. The ANSI standard states that an eyewash must deliver 0.4 gallons of flushing fluid per minute for at least 15 minutes.
As such, ANSI says that an eyewash bottle does not meet these criteria; therefore, it can only be used to support eyewashes that do (i.e., plumbed and self-contained units), but cannot replace them.
The reason for this limitation is that eyewash bottles simply cannot provide the required 15 minutes of flushing. Eyewash bottles typically hold less than a gallon of water, which would supply the user with flushing fluid for approximately 1 minute. Even larger self-contained units (those with bladders) that have a capacity of 5 to 10 gallons would only provide maximum use of about 5 minutes.
In other words, eyewash bottles don’t provide an adequate amount of flushing fluid and cannot be considered a primary means of protection.
For this reason, OSHA warns that the use of eyewash bottles should be limited. In a 1986 memorandum to Regional Administrators, the agency states, “In general, squeeze bottles should not be used except where the hazard severity or distance from plumbed eyewash equipment requires personal equipment at work stations for immediate flushing prior to prolonged flushing at a plumbed or self-contained unit.”
In other words, employers can provide eyewash bottles in instances where plumbed or self-contained units can’t reasonably be provided (e.g., an outside yard) in the immediate work area, but only until they can reach a unit which can provide the amount of flushing fluid necessary to flush the eyes for at least 15 minutes.
OSHA expects the employer to determine the level of the potential risk to employees and provide eyewash (and/or shower) protection accordingly. The severity of the hazard(s) involved is a critical consideration when making this determination. In the past, OSHA has said that 1910.151(c)is meant to cover strong acids and alkalis, and the requirement to provide suitable facilities for quick drenching or flushing depends on the exposure and the strength of the hazardous chemical. Chemicals and materials such as household detergents or cleaners, sawdust, metal filings, etc. would not require emergency eyewash (or shower) under the standard.
If an employer determines that an eyewash is needed, then it must meet the provisions set forth in the American National Standards Institute (ANSI) standard Z358.1. The agency uses the ANSI standard as an enforcement tool. This is clarified in a November 1, 2002, Letter of Interpretation, which says, “If OSHA inspects a workplace and finds unsuitable facilities for quick drenching or flushing of the eyes and body, a citation under 29 CFR 1910.151(c)would be issued. When determining whether the eyewash or shower facilities are suitable given the circumstances of a particular worksite, OSHA may refer to the most recent consensus standard regarding eyewash or shower equipment…”
Need information on eyewash inspections? See our Institute document on Inspections and Maintenance. |
Without the ANSI standard, employers would find it difficult to demonstrate to OSHA exactly how their eyewash and shower units were suitable exclusive to the regulatory language under 1910.151(c) since it’s limited and vague.
Eyewash bottles don’t meet the requirement under 1910.151(c) to provide “suitable” facilities for quick drenching or flushing of the eyes. They cannot be the only eyewash provided in the workplace.
Each year, the National Fire Protection Agency (NFPA) reminds employers not to prop open fire doors for convenience. Propping open doors has become a common violation of fire codes after the pandemic because workers didn’t want to become exposed to germs on common touchpoints.
I know firsthand this is an issue at construction jobsites and remember telling workers not to prop open fire doors in our clients’ facilities. Workers were doing this out of convenience because they carried things into and out of the existing facility. Propping open a fire door, or wedging it open, are serious fire and safety hazards. Keep fire doors closed to prevent smoke and fire from spreading into the fire evacuation route, like a stairwell. OSHA and NFPA don’t prohibit propping open a fire exit door but caution employers against doing this for safety and security reasons.
Fire doors must remain closed, although some may be designed to automatically close when fire and smoke are sensed by jobsite fire detection equipment. To reduce the need to disinfect frequently touched points, workers can push open fire doors using their sleeves by pushing against the push bar instead of using their hands. You can also increase housekeeping efforts and the frequency that doorknobs, handles, and push bars are cleaned throughout the shift.
One way employers try to handle skyrocketing inflation is to manage first aid supplies. But do OSHA regulations allow employers to lock first aid supplies as a way to control costs?
Our experts are often asked whether OSHA permits locking first aid supplies. In a January 23, 2007, OSHA letter of interpretation (LOI), OSHA confirmed that first aid cabinets can be locked. The LOI stated, however, that first aid supplies must be readily accessible in the event of an emergency. Additionally, 29 CFR 1910.151(b) states: “In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available.”
OSHA defines “readily available” as accessible within three to five minutes and warns that locking first aid supplies, whether kits or cabinets, may limit employee accessibility per the standard. The agency advises that if an employer was relying on first aid services not provided by a clinic, infirmary, or hospital and adequate first aid supplies were not available when needed, then the employer would be in violation of 1910.151(b).
If you’re concerned with supplies being used in a manner not intended by the company, there are ways to manage supplies. For example, employers could use vending machines that allow employees to scan their badges and get basic supplies or personal protective equipment free of charge. This can help employers manage their supply chain and evaluate by whom and for what supplies are being used.
If opting to lock your first aid supplies, remember to make supplies readily accessible (within three to five minutes). This may require that additional keys for locks be made available to multiple personnel at all times when workers are present.
Although their recommendations are non-mandatory, OSHA suggests using the American National Standards Institute (ANSI) for reference to determine what supplies you need to have. The contents for Class A kits listed in the ANSI standard should be adequate for small worksites. Class B kits are designed with a broader range and quantity of supplies to deal with injuries in more complex or high-risk environments (for example, larger operations or multiple operations conducted at the same location).
It’s important to note that although OSHA is still citing ANSI’s 1998 standard, an updated version of the standard, ANSI/International Safety Equipment Association (ISEA) Z308.1-2021, was approved on April 15, 2022, and went into effect on October 15, 2022. Major changes to the standard included:
Determining what first aid supplies should be accessible depends on the workplace hazards and potential injuries. A great place to begin is by assessing your Form 300 injury logs to see the types of injuries already reported. Most employers perform risk assessments, beginning with a review of the Form 300 logs, to drive their decisions. OSHA also provides guidance to employers in 1910.151 Appendix A.
Employers must understand the accessibility risks associated with locking first aid cabinets even though OSHA and ANSI do not prohibit this practice. First aid supplies must be readily accessible (within three to five minutes) in the event of an emergency.
Many employers will need to electronically submit the 300A, 300 Log, and 301 Forms by March 2, 2024. OSHA sent the electronic reporting rule changes to the Office of Management and Budget (OMB) on April 7, 2023. The OMB review can take two to four months, so a final rule could appear any time from July to September. That would allow the rule to take effect before January 1, 2024, when employers can begin reporting.
Covered establishments must electronically submit injury data by March 2nd each year. Currently, covered locations include establishments with 250 or more employees that must keep a 300 Log, as well as establishments with 20-249 employees in specific industries that OSHA identified and listed in the regulation.
Based on the proposed rule, the coming changes would revise the reporting obligations as follows:
Note that an “establishment” is a single physical location, so the employee counts are based on each location. For example, furniture stores must report if a location has 20 or more employees. Suppose an employer operates 117 furniture stores around the country, but only two establishments have 20 or more employees. The other 115 establishments have fewer than 20 employees. The employer would only have to report for the two establishments that exceed 20 employees, and would not have to report on the other 115 establishments.
The revisions would also update from the 2012 North American Industry Classification System (NAICS) codes to the 2017 codes. The most current version is 2022, but since the Bureau of Labor Statistics uses the 2017 version, OSHA wants the e-reporting rule to match.
Need more information on NAICS codes? See our news item “Which NAICS code should you use for OSHA?” |
Assuming the final rule mirrors the proposed rule, employers can prepare as follows:
For example, all manufacturing establishments with 20 or more employees must report the 300A, and many establishments with 100 or more employees will need to report the 300A, 300 Log, and 301s. However, if an establishment has 100 or more employees but is not listed in proposed Appendix B, the location will only file the 300A. A sampling of NAICS codes not listed in Appendix B include 322 (paper manufacturing), 323 (printing), 324 (petroleum and coal), and 325 (chemical manufacturing).
The proposed list of NAICS codes for establishments with 100 or more employees appears on the last two pages of the proposed rule at https://www.govinfo.gov/content/pkg/FR-2022-03-30/pdf/2022-06546.pdf.
Key to remember: OSHA’s final rule to revise electronic reporting obligations should come out this year and could impact 2024 reporting, though legal challenges or technical issues might delay the effective date.
Approximately 22 million workers are impacted by hazardous noise in the workplace each year. About 1 in 8 of the working population has hearing difficulty. Among those, occupational exposures are the cause for 1 in 4. Noise exposure in the workplace can lead to hearing loss and tinnitus (ringing in the ears), and affected workers are more likely to get injured on the job.
We tend to think of hearing loss as something that affects only our ears, but there are other health impacts. It’s associated with cognitive decline and heart problems. Hearing loss and tinnitus can also impact mental health, which may lead to anxiety, depression, and feelings of isolation and sadness.
I sat down for a chat about hearing loss with my colleague Cindy Pauley. In addition to her role as an editor on our Environmental, Health, and Safety (EHS) team, Cindy is also a Certified Occupational Safety Specialist (COSS) and a Certified Occupational Hearing Conservationist (COHC).
For more information about hearing conservation, see our ezExplanation. |
Editor: Cindy, I know you’re passionate about hearing. Tell me a little more about that.
Cindy: Other than a deep adoration of how the human body heals itself, my passion comes from spending time with people, which I know sounds a bit vague. But bear with me. My dad worked as a heavy equipment operator. He ran everything from dozers and front-end loaders to quarry trucks. Now, fast forward to my days as a 911 dispatcher. My coworkers (and friends) were police officers, firefighters, and paramedics. What did they all have in common? The word “what.”
That's right - almost every time I said something to them, they would respond with “what?” You can imagine how frustrating this was not just for me, but for them. I could sense their frustration at having to ask for a repeat of information or feeling excluded from conversations because they didn’t want to ask people to repeat themselves. Eventually, I could see them become more introverted and depressed. I didn’t want that for them, so I became passionate about hearing protection.
My message is two-fold: 1) that hearing loss is permanent and 2) unhealthy noise is everywhere. Attached to nerve cells in the cochlea of the ear are thousands of tiny hairs that help turn sound vibrations into electrical signals. The electrical signals are transmitted to the brain which turns these signals into sound. Once these delicate hairs are damaged, they don’t grow back. What people don’t recognize is how simple things we do each day are damaging to these hairs.
Let’s take my dad and 911 friends as examples. My dad operated heavy equipment without hearing protection most of the time (this was before hearing protection became a workplace focus). Similarly, my 911 friends were exposed to emergency sirens that averaged 120–130 decibels. Exposure at these levels without hearing protection, even for a brief period, caused permanent hearing damage.
To make matters worse, they didn’t wear hearing protection off the job either. They continued to expose themselves to other forms of unhealthy noise such as lawnmowing, attending concerts, and operating recreational vehicles. The most surprising, however, is one most people never think of — driving with windows down. My dad and each of my friends all had greater hearing loss in their left ears, next to the window that was down. Studies have found that regardless of speed or vehicle model, when the windows are down, the driver is exposed to a nearly constant 89 decibels of noise. For my 911 friends, add the 120-130 decibels from the siren coming through the same window and it’s no wonder they struggle to hear.
I hope workers take the message off-the-job and use hearing protection. Essentially, if they have to raise their voice to speak to someone while performing an activity, their hearing needs protection!
Editor: Statistics from fiscal year 2022 show that OSHA cited 1910.95 – Occupational noise exposure - 268 times. The regulation requires employers to implement a hearing conservation program when employees’ noise exposure equals or exceeds 85 decibels over an 8-hour time-weighted average (TWA). Cindy, what do you think may be behind employers’ lack of a hearing conservation program?
Cindy: My belief, which comes from experience as a Safety Manager in various industries, is that employers struggle with compliance because they don’t understand the requirements of the standard. It throws a lot of numbers and calculations at people, which can be confusing. Unfortunately, this confusion can lead to avoidance. Additionally, I think employers believe that the process of performing audiometric tests; finding licensed or certified audiologists, otolaryngologists, or other physicians; and identifying and managing potential standard threshold shifts (STS) will be complicated and expensive. However, there are so many resources available to assist employers, and I encourage them to use those resources.
Key to remember: Hearing loss is permanent – and preventable. Workplace noise monitoring can help employers determine whether a hearing conservation program must be implemented.