Discharge Monitoring Reports: No Discharge vs No Sample Taken
Stormwater monitoring requirements vary with each permit; therefore, monitoring may or may not be required for your facility. If stormwater samples are required, samples must be collected at each outfall representing the facility's discharge. The stormwater permit will indicate what type of monitoring is required, along with the frequency and submission of any monitoring data.
A Discharge Monitoring Report (DMR) contains the results of stormwater monitoring. The stormwater permit will outline how monitoring data needs to be submitted and the due dates for DMRs. Permittees are encouraged to sample early in the monitoring period in case the opportunity is not available later. Permittees can collect a stormwater sample and submit DMRs prior to the due date; however, extension and/or late reports are typically not allowed past the end of the monitoring period.
What happens if you don’t collect a stormwater sample during the monitoring period? You must still submit a DMR and mark the report as either “No Discharge” or “No Sample Taken.” What’s the difference? One is a legitimate reason the sample was not taken, and the other is not following the stormwater regulations.
Maybe it didn’t rain that much during the monitoring period, or your site is designed to hold water and there was no discharge at your outfall. In that case, you can submit the DMR as “No Discharge,” indicating there are no discharges that occurred during the monitoring period. Additional documentation will need to be submitted with the DMR and can include inspections, photographs, and precipitation information (e.g., rain logs) indicating there was no opportunity to collect the sample at any time during the entire monitoring period in which a sample could be taken (i.e., no measurable storm events occurred during the monitoring period or if there was a measurable storm event no discharge occurred).
What if you just forgot to take the sample, or there was no one qualified/trained to take the sample? If you cannot collect and report the stormwater sample, you must submit the DMR as "No Sample Taken.” You must also add comments to the DMR to explain the missing data. It is the permittee’s responsibility to ensure that there is a trained/qualified person to oversee the stormwater requirements. Permittees must emphasize to employees the importance of stormwater sampling and ensure the stormwater training program is up to date, conducted annually, and repeated more often if there are new employees.
The only time you can report “No Discharge” is when there has actually not been any discharge. A “No Discharge” report cannot be used if your facility was discharging stormwater but you were sick, out on vacation, busy, or just simply forgot to collect the sample. It’s not technically correct to report “No Discharge” if there, in fact, was a discharge. In many instances, severe enforcement actions occur because of incorrect reporting.
Stormwater permits require self-monitoring, and the regulatory authorities place the responsibility on you as the permittee to follow the regulations and take the stormwater samples within each monitoring period. If the facility fails to take a stormwater sample within the set monitoring period and therefore reports a DMR as “No Sample Taken,” this indicates a failure to comply with the permit conditions and, therefore, will likely result in a permit violation. The violation created for submitting as “No Sample Taken” is less significant than not submitting a DMR at all. Failure to submit a DMR creates a significant violation, which puts the facility on certain lists that can lead to enforcement.
DMRs will require the responsible official to “acknowledge” reported violations and missing fields prior to being signed and submitted. Therefore, it is important that the signatory authority review the DMR to verify that all required information has been successfully entered and submitted.
Need help with your stormwater permit program? Cornerstone EHS has been involved in helping facilities get and stay in compliance with stormwater permits across the United States since our founding in 1995. Our qualified professionals know the ins and outs of stormwater regulations and can help you. Contact us today.
An Important Letter From Our President
To Our Valued Customers,
"Change is the only constant in life. One’s ability to adapt to those changes will determine your success in life.” - Benjamin Franklin
As Cornerstone is now well into our 29th year of business, constant change and adaptation in serving our customers has helped us endure. With that in mind, I’m excited to share a bit of news that will allow us to extend our growth for many more years to come. Cornerstone is merging with Foresight Management, a leading sustainability and energy management firm. This partnership expands our range of compliance services and tools by incorporating Foresight’s expertise in providing comprehensive sustainability solutions.
Headquartered in Grand Rapids, Michigan, Foresight Management is dedicated to championing energy management, accelerating sustainability, and increasing profitability for its clients. Over the years, we have had the opportunity to collaborate with Foresight, getting to know their people, their values, and their work. While we could not have predicted where things would lead, it was clear from the start that Cornerstone and Foresight were a great team. We could not have imagined a better partner.
We believe this collaboration creates a distinctive platform of services to assist our clients in addressing the market and regulatory challenges they are facing. With our background in EHS compliance and Foresight’s expertise in sustainability, clean energy, and decarbonization, we can offer a truly unique suite of tools to help tackle those pressures. For you, our clients, this means that we can support you with an extended list of services, knowledge, and experience.
Through this merger, rest assured that the qualities you love about Cornerstone will remain unchanged. Your point of contact, your favorite expert, and the professional services you rely on will remain consistent, but now we have the resources to significantly broaden the scope of work that we deliver to you and your facilities.
In this ever-changing world, we believe this merger will further reinforce our commitment to providing the highest quality service possible. We would like to thank you for your continued support and partnership and for the ongoing opportunity to be of service to your business.
Sincerely,
Mark Miller
President
Cornerstone Environmental, Health and Safety, Inc.
EPA Finalizes National Primary Drinking Water Regulation for Certain PFAS
On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS.
On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS. To inform the final rule, EPA evaluated over 120,000 comments submitted by the public on the rule proposal, as well as considered input received during multiple consultations and stakeholder engagement activities held both prior to and following the proposed rule. EPA expects that over many years the final rule will prevent PFAS exposure in drinking water for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious PFAS-attributable illnesses.
EPA is also making unprecedented funding available to help ensure that all people have clean and safe water. In addition to today’s final rule, $1 billion in newly available through the Bipartisan Infrastructure Law to help states and territories implement PFAS testing and treatment at public water systems and to help owners of private wells address PFAS contamination.
EPA finalized a National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water. PFOA, PFOS, PFHxS, PFNA, and HFPO-DA as contaminants with individual MCLs, and PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water. EPA also finalized health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS.
The final rule requires:
Public water systems must monitor for these PFAS and have three years to complete initial monitoring (by 2027), followed by ongoing compliance monitoring. Water systems must also provide the public with information on the levels of these PFAS in their drinking water beginning in 2027.
Public water systems have five years (by 2029) to implement solutions that reduce these PFAS if monitoring shows that drinking water levels exceed these MCLs.
Beginning in five years (2029), public water systems that have PFAS in drinking water which violates one or more of these MCLs must take action to reduce levels of these PFAS in their drinking water and must provide notification to the public of the violation.
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News Update: SEC Adopts Rules to Enhance and Standardize Climate-Related Disclosures for Investors
UPDATE, April 5, 2024
The Securities and Exchange Commission (SEC) has delayed the implementation of its climate-related disclosure rule in response to legal challenges from two fracking companies and various business groups. This decision awaits the judgment of the U.S. Court of Appeals for the Eighth Circuit on the appeals. Despite this, the SEC continues to assert its authority to mandate public companies to disclose their climate-related risks to investors and is prepared to defend the rule's validity in court. The stay temporarily halts the rule, which would first apply to large accelerated filers for fiscal years beginning in 2025, with other companies following at least a year later. Legal experts recommend companies continue preparing for compliance, while the appeals process could extend over months or years.
Washington D.C., March 6, 2024
The Securities and Exchange Commission today adopted rules to enhance and standardize climate-related disclosures by public companies and in public offerings. The final rules reflect the Commission’s efforts to respond to investors’ demand for more consistent, comparable, and reliable information about the financial effects of climate-related risks on a registrant’s operations and how it manages those risks while balancing concerns about mitigating the associated costs of the rules.
The adopting release is published on SEC.gov and will be published in the Federal Register. The final rules will become effective 60 days following publication of the adopting release in the Federal Register, and compliance dates for the rules will be phased in for all registrants, with the compliance date dependent on the registrant’s filer status.
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Combating Burnout: Key Strategies for a Healthier Workplace
Exploring the shadowy impact of workplace stress, this article delves into how pervasive job-related burnout threatens personal well-being and dampens productivity and communication. Discover essential strategies for employers to foster a supporti...
Workplace stress is a significant yet often overlooked safety risk that can impact a number of people. According to research by the American Institute of Stress, 83% of workers in the United States experience stress related to their jobs.1 Workplace stress causes, on average, 120,000 deaths each year.2 This stress doesn't just impact personal well-being; it also undermines job performance, productivity, and interpersonal communication.
There are many different causes of workplace stress. Concerns about job security, such as the fear of reduced hours or layoffs, can weigh on employees. Similarly, taking on additional responsibilities without adequate support or feeling unable to take sufficient breaks can increase stress levels. A significant stressor for many is being unable to maintain a healthy work-life balance, especially if there is an expectation to respond to work-related emails and answer work calls during personal time.
While the list of stressors extends beyond these examples, the collective impact can significantly affect your overall well-being. Fortunately, there are steps employers can take to alleviate workplace stress. A survey conducted by the American Psychological Association in 2021 revealed that over 87% of employees believe employers can help alleviate stress by offering flexible work hours, promoting the use of PTO, or encouraging employees to take regular breaks throughout the day.3 These proactive measures not only improve employee satisfaction but also foster a healthier and more productive work environment. The World Health Organization estimates that for every dollar an employer spends on mental health concerns, they receive a return of four dollars.1 Investing in mental health support benefits individuals and produces a return for employers, highlighting the importance of employee well-being in the workplace.
When we are stressed, fatigued, or mentally unwell, our ability to perform tasks safely and effectively is decreased. By addressing mental health concerns and providing support, employers promote a healthier work environment and enhance overall safety. Take some time to see what kinds of support your workplace offers.
1 World Health Organization. “Mental Health at Work.” 2022. https://www.who.int/teams/mental-health-and-substance-use/promotion-prevention/mental-health-in-the-workplace.
2 Goh, J., Pfeffer, J., & Zenios, S. A. “The relationship between workplace stressors and mortality and health costs in the United States.” March 13, 2015. Management Science, 62(2), 608-628
3 American Psychological Association. “Vacation Time Recharges US Workers, but Positive Effects Vanish within Days, New Survey Finds.” June 27, 2018. https://www.apa.org/news/press/releases/2018/06/vacation-recharges-workers.
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Clarifying Representation: The Department of Labor's Newest Regulatory Update
Discover the latest regulatory update by the Department of Labor, aiming to redefine representation during OSHA workplace inspections. This pivotal adjustment could significantly enhance inspection effectiveness and safety outcomes, marking a new ...
On August 29, 2023, the Department of Labor proposed a change to its Representatives of Employers and Employees regulation. According to the U.S. Department of Labor, this rule serves to clarify who can be authorized to serve as a representative during OSHA workplace inspections; stating that the representative may be an employee or someone from a third-party. It also clarifies that third-party representatives are not limited to industrial hygienists or safety engineers, a common misunderstanding of the existing regulation. If the compliance officer deems the individual has skills, knowledge, or experience that would be helpful, they may be granted permission to represent the employee during the inspection. The main goal of this proposed change is to have a more effective inspection conducted to prevent possible injuries (Godinez, 2023).
Should this pass, this would mean that Cornerstone could be a third-party representative for clients who have a scheduled OSHA inspection. Frequently, however, physical OSHA inspections occur without a heads-up from the OSHA officer. In this case, it would be very difficult for a third-party to be involved. That said, in the case that an inspection is scheduled ahead of time, bringing in outside representation would be much easier to coordinate.
Another limiting factor to Cornerstone’s involvement would be whether the client knows what areas of the workplace will be inspected. If the OSHA officer does not provide a scope of what will be inspected, then consulting oversight might be a moot point. That said, Cornerstone can help clients review inspection results and propose recommendations accordingly, regardless of our ability to be involved in the inspection itself.
Ultimately, this change would be a benefit to all parties involved with physical OSHA inspection. It will help make sure the right people are involved and, therefore, will lead to better outcomes.
Godinez, Victoria. “Department of Labor Announces Proposed Changes to Clarify Regulations on Authorized Employee Representation during Workplace Inspections.” Occupational Safety and Health Administration, August 29, 2023. https://www.osha.gov/news/newsreleases/national/08292023.
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Using Artificial Intelligence to Interpret and Predict ESG Initiatives
I think there is a misunderstanding in today’s world regarding what AI is and what it can do. The latest trend is generative AI, a form of artificial intelligence capable of generating new content. This can be seen from things like ChatGPT, which can write entire novels when given a prompt on a particular subject, or DALL-E, which can create amazing images. Not every AI falls into this category, though. Other types of AI, such as predictive analytics and machine learning algorithms, are also relevant. This distinction is helpful in realizing that AI cannot independently generate completely new ideas; AI models are trained on existing data and patterns. Recognizing this fact will help set realistic expectations for what AI can and cannot do. It will not create an unknown product that the world has never seen.
“If the hot new fad is AI, surely there must be some way to incorporate that into our current business to make us more efficient.” The answer is yes! AI algorithms can analyze large datasets to identify trends, assess environmental impacts, or evaluate organizational social governance practices.
AI can make all aspects of your company’s environmental, health, and safety goals more efficient. You can leverage current AI tools with no platform by feeding it your data and asking for suggestions on improvements. For example, you can train generative AI with your current accident data. With a few of the correct prompts, it can generate a safety plan to help improve worker safety or perhaps identify vulnerabilities you haven’t even thought of.
In the future, AI will not only interpret existing data but also predict our future goals. Using predictive analytics and AI-driven forecasting models, we can anticipate environmental risks, forecast resource demands, and predict social trends. Looking further into the future, I can envision a scenario where workers wear AI components to help them identify hazards, prevent injuries, or even maximize their productivity.
There are some drawbacks to AI that also need to be considered. Ultimately, the predictive models are only as good as the data given to them. Companies are also responsible for protecting private individual data. It’s essential to make sure the data is high-quality and ethically handled. Companies must have a transparency and accountability policy regarding sensitive data.
AI technologies will have a positive and profound impact on sustainability, social responsibility, and corporate governance, and I encourage you to begin researching how AI data-driven models can help your company right now.
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EPA News Update: Proposal to Change RCRA Regulation
News Update
On January 31, 2024, the United States Environmental Protection Agency (EPA) signed a proposal to change the Resource Conservation and Recovery Act (RCRA). This change adds nine per- and polyfluoroalkyl chemicals to its existing list of hazardous constituents.
To learn more about this change, read here. To read more EPA news, visit the EPA website.
Update: Notice of this proposal was published in the Federal Register on February 8, 2024.
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Understanding Metalworking Fluids: Types, Risks, and Control Measures
Learn about the four categories of metalworking fluids, including their risks and control measures.
What are Metalworking Fluids?
Metalworking fluids (MWFs) refer to fluids used during grinding and machining and include four classes of MWFs: straight oil, soluble oil, semisynthetic, and synthetic MWFs. MWFs serve to prolong the life of the tool, carry away metal debris that results from cutting and grinding, protect the part being produced, and carry heat away from the ground or cut surface.
Occupational exposures to MWFs are a concern and need to be controlled. Repeated inhalation of MWF mists can cause respiratory illnesses and asthma, leading to non-reversible lung damage. Additionally, contact with skin can cause various skin diseases, most notably allergic dermatitis.
Types of MWFs
MWFs are grouped into four categories. The first category is “straight” oil (neat oil) MWFs. These oils are solvent-refined petroleum oils, animal, marine, vegetable oils, or synthetic oils that are not diluted with water. The straight oils may or may not contain additives that may include corrosion inhibitors, emulsifiers, buffers, and extreme pressure additives.
The next class are the soluble oils (emulsifiable oils), which are between 30 to 85 percent severely refined lubricant base oil with emulsifiers and may also contain additives. Soluble oils also contain a small percentage of water.
The semisynthetic class contains less of a percentage of the severely refined lubricant base oil (5-30%) and contains a higher percentage of emulsifiers and up to 50 percent water.
The final category is synthetic MWFs, which contain no petroleum oils and are diluted with 10-40 parts of water.
Occupational Exposure
Occupational exposures to MWFs occur either by inhaling mists and aerosols or from direct skin contact. Besides the MWF aerosols and the added additives or biocides, exposure risk can include metals and alloys from the parts ground or machined. Additionally, background contaminants in the work area and bacterial or fungal contamination in the water component of MWFs pose a risk.
The National Institute of Occupational Safety and Health (NIOSH) has established a Recommended Exposure Limit (REL) of 0.5 milligrams per cubic meter (mg/m3) for an eight-hour time-weighted average exposure. The REL applies to all categories of MWF. In addition to NIOSH, the Occupational Safety and Health Administration has established a Permissible Exposure Limit (PEL) of 5 mg/m3, which only applies to mineral oil-based MWFs. The NIOSH REL is based on regular and recent reviews of health hazard data and is the occupational exposure limit referred to for best practices.
During machining operations, the risk of Inhalation exposures is greater depending upon how close the worker is to the machine, whether there is an enclosure or splash guard, and whether the machine is operating at a high speed and making deep cuts. Other factors contributing to exposures during machining or grinding are whether there is exhaust ventilation installed to capture mists and aerosols near the point of generation and whether the exhaust system has been poorly designed or maintained. Additionally, improper machine maintenance can result in excessive fluid application or contamination of the oil with machine tramp oils.
In addition to inhalation, skin contact is a major concern with respect to exposure. Exposures occur when there are not enclosures or guards to protect from splashes during machine operation, and from handling parts, tools, or equipment without personal protective equipment (gloves and aprons), or prolonged contact with clothing contaminated with oil.
Health Effects
The NIOSH REL was established to address non-malignant respiratory disease. MWF concentrations above the REL in nine out of ten studies have been shown to cause respiratory conditions, including hypersensitivity pneumonitis (HP) which produces flu-like symptoms, acute airway irritation, chronic bronchitis, impaired lung function, and asthma. Cases of HP have been linked to water-based or diluted oils, and microbial contamination is believed to be the most likely cause. Three recent studies have shown that the risk of developing asthma is elevated and up to three times greater for workers exposed to synthetic MWFs than for workers who are not exposed.
A variety of skin diseases can result from direct skin contact with MWFs. The following factors contribute to the development of disease:
The MWF category and additives used
The duration of the skin contact
An existing skin abrasion or cut
Individual susceptibility
Inadequate or infrequent skin cleansing following contact
The use of irritating soaps or detergents
High or low humidity, hot or cold temperatures
Wearing MWF-soaked clothing or handling soaked rags.
The general cleanliness of the surrounding work area
Lack of controls i.e., machine enclosures, exhaust ventilation, personal protective equipment (gloves, sleeves, aprons)
The most reported skin diseases are irritant contact dermatitis or allergic contact dermatitis. The latter type of dermatitis is caused by an immune response to a substance that the body has become sensitized to. Dermatitis causes skin lesions and discomfort from burning and itching. Dermatitis is common with contact with soluble, semisynthetic, and synthetic MWFs.
Other skin diseases, including folliculitis (hair follicle infection), oil acne, and keratosis (rough, scaly skin patches), are linked to contact with straight oil MWFs.
Controlling Exposures to MWFs
The machine tool industry has undergone major changes in recent decades, leading to significant exposure reductions. The changes made have included the increased use of synthetic MWFs, which have increased tool and cut speeds which reduce machining time. Technological advances have also been made, leading to the development of machines with partial enclosures and the installation of local exhaust ventilation. During the 1970s and 80s, industries began installing air cleaners (mist collectors) and improving the recirculation of air and filtration.
Recommendations for Controlling Exposures
NIOSH recommends developing and implementing a comprehensive health and safety program to control exposures to MWFs. For programs to succeed, management must have a strong commitment and include worker involvement. The four main components recommended are safety and health training, worksite analysis, hazard prevention and control, and medical monitoring of exposed workers.
Worker training programs should teach workers to identify potential exposure hazards in their work areas and the adverse health effects of MWF exposure.
Worksite analysis refers to monitoring work practices and assessing personal exposures (air sampling) to assess the effectiveness of controls.
Hazard reduction can be achieved by the proper selection of MWF, i.e., using the most non-irritating, non-sensitizing fluids, regular fluid maintenance, isolation of the operation, and installation of exhaust ventilation.
With respect to PPE, workers should be trained in the proper use and care of protective equipment. If personal exposure assessment indicates that respiratory protection is needed, a respiratory protection program must be established in accordance with the OSHA Respiratory Protection standard (29 CFR 1910.134).
For more in-depth information about MWFs and controlling exposures, consult NIOSH publication 98-116, Occupational Exposure to Metalworking Fluids
Mary Dunlap is a Certified Industrial Hygienist and has been with Cornerstone Environmental, Health and Safety since 2016. When she is not working, you can find Mary enjoying the outdoors.
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Safety First: The General Duty Clause's Impact on Toxic Substance Management
Don’t Forget the General Duty Clause! Even if you don’t violate a specific air quality regulation, you could still violate the General Duty Clause.
Don’t Forget the General Duty Clause! Even if you don’t violate a specific air quality regulation, you could still violate the General Duty Clause.
Under the Clean Air Act Section 112(r)(1), the General Duty Clause states: “The owners and operators of stationary sources producing, processing, handling or storing such substances [i.e., a chemical in 40 CFR part 68 or any other extremely hazardous substance] have a general duty [in the same manner and to the same extent as the general duty clause in the Occupational Safety and Health Act (OSHA)] to identify hazards which may result from (such) releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.”
Environmental Protection Agency (EPA) has cited industries for violating the general duty clause of the Clean Air Act. The general duty clause requires facilities to take precautions to prevent the release of hazardous air pollutants, even if those pollutants are not explicitly regulated under the act.
Violations of the general duty clause have been cited, and violators fined. Just last year, for example, the U.S. Environmental Protection Agency (EPA) settled with Greenfield Global USA, Inc., a chemical repackaging and storage company in Brookfield, Connecticut, for alleged violations of the Clean Air Act's General Duty Clause (CAA GDC) and the Emergency Planning and Community Right-to-Know Act (EPCRA). Greenfield agreed to pay a penalty of $179,596 and certify compliance with all CAA GDC and EPCRA requirements.
EPA inspectors found that Greenfield failed to design and maintain a safe facility to prevent releases of toxic chemicals under the CAA GDC requirements. Additionally, the company did not correctly submit nine reports on certain toxic chemicals to EPA's Toxic Release Inventory (TRI) database for 2017 and 2018. Greenfield stored and processed various toxic chemicals, including highly hazardous substances like chloroform, formaldehyde, and sulfuric acid.
The facility's location near retail businesses, highways, and a residential neighborhood, as well as neighboring environmental justice concerns, raised concerns about potential risks to human health and the environment due to the presence of carcinogenic and highly flammable substances.
Don’t forget that you have a general duty to manage your toxic substances safely!
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Designation of PFOA and PFAS as CERCLA Hazardous Substances
EPA maintains a list of over 12,000 perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly referred to as ‘forever chemicals.’ Learn more.
The EPA maintains a list that currently includes over 12,000 perfluoroalkyl and polyfluoroalkyl substances (PFAS) that are known to accumulate in the environment as well as bodies of people and animals and may be linked to harmful health effects relating to reproduction, thyroid and liver function, the immune system, and cancer. These are commonly referred to as ‘forever chemicals’ because they contain a strong carbon-fluorine bond, don’t break down over time, and can dissolve in water.
In October 2021, the EPA released a PFAS Strategic Roadmap, which outlines plans to research, restrict, and remediate PFAS. The term PFAS refers to synthetic or man-made chemicals that have been used since the 1940s in many household and industrial products. They are known for their resistance to grease, oil, water, and heat and have been used in various products, including stain- and water-resistant fabrics, carpets, nonstick cookware, cleaning products, paints, and fire-fighting foams.
The PFAS Strategic Roadmap included a commitment to designate specific PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Such designations would trigger various actions and regulations involving reporting, notification, cleanup, remediation, and cost/liability.
In September 2022, the EPA proposed a rule to designate two of the most widely used PFAS — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers — as hazardous substances under CERCLA. The EPA is currently reviewing comments received on this proposed rule, and a final rule is expected as soon as August 2023.
If this designation is finalized, facilities across the country would be required to report releases of PFOA and PFOS that meet or exceed the reportable quantity assigned to these substances. CERCLA section 102(b) states that the reportable quantity of any hazardous substance is one pound unless changed by other regulations; therefore, any person in charge of a facility would need to report releases of PFOA and PFOS of one pound or more within a 24-hour period. The EPA has the authority to initiate or oversee the cleanup and remediation of sites contaminated with hazardous substances. So the hazardous substance designations would also enhance the ability of federal, tribal, state, and local authorities to obtain information about the location and extent of releases.
CERCLA already grants the EPA authority to address PFOA and PFOS releases because they are considered to be pollutants and contaminants, and EPA can respond if the release or threat of release presents an imminent and substantial danger to public health or welfare. However, if PFOA and PFOS are designated as CERCLA hazardous substances, then EPA can respond without making a determination of imminent and substantial danger.
CERCLA establishes a legal framework for holding responsible parties accountable for costs associated with cleanup. The proposed rule would, in certain circumstances, force the polluter to pay by allowing EPA to seek to recover cleanup costs from a responsible party or to require such a party to conduct the cleanup.
EPA anticipates that a final rule would generally encourage and create incentives for better waste management and treatment practices by facilities handling PFOA or PFOS. As more research is conducted, EPA plans to consider listing additional PFAS as hazardous substances. In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPR) asking the public for input regarding potential future hazardous substance designations of per- and polyfluoroalkyl substances (PFAS) under CERCLA.
For more information regarding PFAS, visit EPA’s website.
Catherine Nies is a Chemical Data Management Specialist. Her responsibilities focus on the output end of our Foundation system, verifying the information and deciding what reports to produce, including Tier II, permit summaries, EPCRA reports, and any other high-priority needs of our clients. A second responsibility for Catherine is tracking EPA, OSHA, CDC, and state and local regulatory updates.
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OSHA's New National Emphasis Program: Safeguarding Workers in High-Risk Industries from Warehouse Injuries and Heat Hazards
OSHA recently launched an NEP focused on preventing injuries in warehouses, processing facilities, distribution centers, and high-risk retail establishments. Learn more.
National Emphasis Programs, also known as NEPs, are “temporary programs that focus OSHA's resources on particular hazards and high-hazard industries,”(OSHA 2023). On July 11th, 2023, OSHA launched a NEP focused on preventing injuries in warehouses, processing facilities, distribution centers, and high-risk retail establishments. This NEP decision was made based on ten years of injury history in these workplaces. According to the OSHA national news release, warehouses and distribution centers currently employ 1.9 million people, and the injury and illness rate is higher than the overall private industry.
The NEP will last three years and will consist of inspections focused on hazards related to powered industrial vehicle operations, material handling and storage, walking and working surfaces, means of egress, and fire protection. These safety focuses would be considered high-risk, which means if an injury occurs then there is a higher chance it will result in a serious injury or fatality.
The NEP also focuses on other safety topics that are not considered high-risk but attributed to the high injury rate: heat and ergonomic hazards. Additionally, OSHA may expand an inspection’s scope when evidence shows that violations may exist in other areas of the establishment. Overall, these are great areas of focus within these industries. Throughout my five years of being in the warehouse and distribution center sector, sprains and strains have been the most frequently occurring injury type and contributed to around half of all injuries I encountered. OSHA inspections related to ergonomics should look at packaging and loading workstations. The workforce in warehouse and distribution centers tend to be diverse, and one employee’s size and height could be completely different from another. Workstations, however, will be fixed. Heat-related illnesses vary throughout the United States, but states like Arizona tend to have 40-50 work-related fatalities due to heat stress.
For more information, visit: https://www.osha.gov/news/newsreleases/national/07132023#:~:text=%22This%20emphasis%20program%20allows%20OSHA,ensure%20worker%20health%20and%20safety.%22
Tyler Sandy is a Health and Safety Specialist and consults with clients in the area of worker safety. Tyler's experience includes industrial hygiene services, safety training, RCRA as well as OSHA and EPA compliance. His experience includes working with the packaging industry, railroad, welding, warehouse, food and medical waste, chemical manufacturing, and casting.
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Go Wild! The Benefits of Native Landscaping
Learn about the advantages of turning your yard into a space that supports native plants, animals, and habitats.
The summer heat has taken hold, and you’re probably struggling to keep that lawn at your home or business alive and green. What better time to learn about the advantages of turning all or a portion of that area back into a space that supports native plants, animals, and habitats? Traditional lawns require significant investments of time and resources while providing little in return.
Pollinators, for one, depend on native habitats for survival. According to the USDA, “Three-fourths of the world’s flowering plants and about 35 percent of the world’s food crops depend on animal pollinators to reproduce”. Native flowers in a former lawn space can support insect and bird pollinators with nectar and pollen as a much-needed food source, allowing them to complete their critical pollinating roles.
Once established, native habitats also require significantly less watering and eliminate the need for harsh chemicals and fertilizers. National Audubon Society experts estimate, “the traditional suburban lawn on average has ten times more chemical pesticides per acre than farmland”. Natural areas reduce groundwater penetrating chemicals and conserve our most precious resource, water.
Natural spaces also provide the reward of connecting on a personal level with the outdoors. Researchers at the Mental Health Foundation have observed that “people who are more connected with nature are happier and more likely to report feeling their lives worthwhile.” What better way to promote positive mental health than to create and enjoy a biodiverse area?
Lastly, we see more and more habitat loss and migration spaces being eliminated due to human sprawl and development. To put this in perspective, there are currently more than 63,000 square miles in the US of turfgrass. That’s larger than the state of Georgia (LawntoWildflowers.org). Rewilding even a portion of this massive space would provide much-needed resources for birds, insects, and other living creatures that depend on natural land.
Hopefully, these benefits have shown you why this summer could be the perfect time to convert your lawn into a native and rewarding landscape.
Resources:
Why Native Plants Matter | Audubon
Nature: How connecting with nature benefits our mental health | Mental Health Foundation
Bringing your lawn back to life by converting turfgrass to native wildflowers — Lawn to Wildflowers
Travis Clark is a Cornerstone Account Manager with a focus on business development. He manages corporate clients primarily in the industrial sector with a focus on manufacturing and logistics. He counsels clients in the areas of EPA and OSHA regulatory compliance management, quality certifications, and sustainability. He works closely with these operations to provide guidance on minimizing risk and implementation of cost-saving initiatives.
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The Sackett Case: How the Supreme Court's Wetlands Decision Alters Environmental Regulations
The U.S. Supreme Court recently issued a ruling that narrowed the definition of water in the Clean Water Act. Learn more.
In late May, the U.S. Supreme Court issued a ruling that narrowed the definition of water in the Clean Water Act. This is the second recent court decision that significantly affects the regulatory authority of the Environmental Protection Agency. Less than 11 months earlier, a Supreme Court ruling curbed the EPA’s authority to limit coal plant emissions.
The May 2023 decision affecting the Clean Water Act pertains to wetlands. Michael and Chantell Sackett own a parcel of land about 300 feet from Priest Lake, one of Idaho’s largest lakes. The Sacketts want to build a house on their land, but the property has been considered part of a large wetland complex that, like all wetlands, requires a permit for any type of development. A government agency denied a Sackett petition for developing their land, and the case eventually reached the Supreme Court. A majority of the Supreme Court ruled in favor of the family.
At the heart of the Sackett family case was the definition of wetlands, which have long been protected under the Clean Water Act enacted in 1972. Wetlands have generally been defined as areas that are wet for all or part of a year, such as bogs, marshes, swamps, and fens. Development has not been allowed on wetlands that are adjacent to a body of water, even if a levee or other barrier separates the two. The definition of water has been vague in the Clean Water Act, however. In its recent ruling, the court determined that wetlands must have a continuous surface connection to a navigable body of water. Accordingly, the ruling specifies that wetlands must directly adjoin rivers, lakes, and other bodies of water.
Proponents of the decision indicate that there is now a clear, workable standard for regulators to utilize in implementing the Clean Water Act. Organizations focused on property rights applaud the decision as a clarification of the freedoms of landowners, including water. Critics of the decision maintain that scaling back the scope of the EPA’s authority could have devastating effects on water quality, including a possible increase in pollution, disruption of ecosystems, and harm to wildlife. They note that wetlands often serve as a buffer that will disappear with additional development, thereby increasing the risk of contaminated water runoff and related issues.
For over seven years, Rachel Powell has worked as a Chemical Data Management Specialist at Cornerstone. She assists clients in setting up and maintaining their Safety Data Sheet FOUNDATION System and facilitates new user training monthly. Additionally, each year, she files Tier II Emergency and Chemical Reports on behalf of our clients.
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Biochar for Environmental Remediation
For thousands of years, innovative farmers have added a charcoal-like substance—biochar—to the soil to improve crop productivity. But what is biochar?
For thousands of years, innovative farmers have added a charcoal-like substance—biochar—to the soil to improve crop productivity. Between 450 BCE and 950 CE, native farming communities of the Amazon basin successfully converted low-fertility, tropical soils to agricultural soils through the amendment of biochar, compost, manure, and other waste. Unknown to these farmers, the physical and chemical properties of the biochar in these terra preta soils (“black soil” in Portuguese) were helping to retain soil nutrients that otherwise would have been leached away during the tropical precipitation. In recent decades, interest in biochar has experienced a resurgence as insightful scientists have looked to those same properties that helped biochar mitigate nutrient leaching for utility in environmental remediation endeavors.
What is biochar? Analysis of the name likely draws up images of a burned forest, perhaps a biological experiment involving fire, or a new product riding today’s wave of environmental interest. In summary, when any carbon biomass (e.g., wood waste, plants, or even animal waste) is exposed to high heat in an oxygen-free environment, this biomass converts to a solid, charcoal-like product known as biochar. In this form, the carbon is resistant to decomposition and is chemically stable. Macroscopically, biochar appears as dusty, black charcoal pieces with grains of generally 0.1 centimeters or smaller. But it’s the microscopic properties of biochar that make it unique. Consider a cross-section of a plant under a microscope with all the plant’s xylem, stoma, cells, and other tissues shown in detail. Then, imagine removing all liquid components and leaving only this skeletal framework behind. This solid, carbon-based matrix makes up biochar and instills it with tremendous surface area. This surface area and its generally negative surface charge are the basis for biochar’s environmental applications.
The high surface area and negative surface charge of biochar enable it to adsorb various substances and chemicals. Within the terra preta soils, nitrogen and other nutrients from manure and other wastes would adhere to the biochar’s surface rather than be leached away during rainfall. This maintained nutrient availability to the crops grown by the Amazonian farmers. Similarly, pollutants (particularly those with a positive charge) cling to biochar and can include organic compounds and heavy metals. Pollutants adhering to biochar are immobilized and prevented from entering the water supply—much as a charcoal filter will screen particles from drinking water. Adding biochar has been shown to help stabilize heavy metals in soil and thus may make it a valuable tool in mine reclamation and the treatment of industrial spills.
In addition to stabilizing metals and chemicals, research suggests that the simultaneous adsorption of organic compounds and microorganisms to biochar facilitates metabolic interaction and expedites the degradation of these pollutants. Bioremediation, the use of microbes to clean up contaminated soil and groundwater, may be enhanced with biochar. One method of bioremediation—bioaugmentation—involves the introduction of a concentrated culture of microbes to the contaminated site. The physical application of these microbes requires mixing them with a carrier medium and amending the area of treatment with this mixture. A slurry containing biochar not only acts as an effective carrier but also provides a protective habitat for the microbes within the pores and rough surface of biochar. As aforementioned, biochar’s affinity for adsorbing organic pollutants helps to bring both the organic pollutants and the microbes into association, thus accelerating the breakdown of these toxins. One study found enhanced bioremediation of polycyclic aromatic hydrocarbons when using biochar as a carrier. Other studies have found similar success when using biochar in bioremediation.
Biochar may also be used to control ongoing pollution from agriculture and large-scale industrial processes. Wetlands and biofilters (engineered filtration systems composed of soil, sand, gravel, and plants) are often constructed to treat agriculture and industrial wastewater naturally. Biochar has demonstrated promise in augmenting contaminant removal of wetlands and biofilters when included among the substrates. Simply put, biochar's unique but consistent properties make it transferrable to various remediation methods.
Thousands of years ago, the Amazonian farmers understood little of biochar, except that adding it to soils improved the success of their harvests. Today, we know the properties of biochar and learn how it can be used in other applications. As our technology advances and our environmental standards improve, our environmental needs will evolve. Meeting these needs will require viewing old technology with a fresh perspective. There is no single solution to our environmental dilemmas. However, the investigation of novel ideas, such as biochar for remediation, can help us along the way.
Dan Smith is an Environmental Specialist for Cornerstone Environmental, Health and Safety out of our Zionsville office. His seven years in environmental consulting include experience in environmental compliance, site assessments, monitoring, remediation, and health and safety. When not at work, he can be found hiking, biking, or engaging in other outdoor activities.
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A.C.T- Assess Control, Train
Read Part I of our IV part series: A simple pathway to Health and Safety Management
Part I of IV: A simple pathway to Health and Safety Management
No matter which framework an organization uses to develop its Health and Safety System, three critical steps remain the basis for keeping workers healthy and safe. Cornerstone has simplified those into the acronym A.C.T. for Assess, Control, Train.
ASSESS
OSHA’s “Safety and Health Programs Step-by-Step Guide” (https://www.osha.gov/safety-management/step-by-step-guide) has ten steps, including one for Hazard Identification and Control. While the OSHA tried-and-true Job Hazard Analysis (JHA) approach is similar to ours, we focus on evaluating risk as a guide to everything we do. OSHA’s method also has a risk analysis element; however, it results in an alphanumeric risk level which we have found to be less intuitive than the method we use. Cornerstone expands risk ranking by using an approach that assigns a rating for the Severity and Probability (1 through 4, with the lower rating corresponding to lower severity and probability) to each hazard identified. The product of multiplying these two ratings results in a numerical ranking of hazard controls needed. We work on the highest risks first. The risk levels correspond to a priority for controls.
Cornerstone uses the OSHA Hierarchy of Controls in this next step. This requires an organization first to eliminate, substitute, or isolate (engineer) hazards. Administrative controls, including procedures, plans, and training, are then considered, and, as a last resort, PPE is used to shield workers from the hazard.
The controls often include the development of administrative policies, procedures, and programs. Cornerstone works hard to develop these along with stakeholders at every level of the company. The information gathered in the previous steps guides how this is done. Controls can range from something as simple as wearing protective gloves all the way to Injury and Illness Prevention Plans and the establishment and facilitation of Health and Safety Committees.
TRAIN
Worker Health and Safety training and coaching are integral to making the controls come to life. If workers do not understand the controls, they will not use them. This is particularly important for Administrative and PPE controls where workers have a direct impact on the success of the control. Examples include how to wear PPE such as hearing protectors effectively and properly, Energy Control (aka Lockout/Tagout or LOTO) Procedures, and Ergonomic coaching. Classes can be set up for a subset of affected employees all the way up to organization-wide Health and Safety Orientation and Awareness training. Cornerstone works with its clients to make classes and scheduling effective and efficient. Our team of trainers has decades of experience in industry, education, logistics, and regulatory agencies.
TRAIN
Worker Health and Safety training and coaching are integral to making the controls come to life. If workers do not understand the controls, they will not use them. This is particularly important for Administrative and PPE controls where workers have a direct impact on the success of the control. Examples include how to wear PPE such as hearing protectors effectively and properly, Energy Control (aka Lockout/Tagout or LOTO) Procedures, and Ergonomic coaching. Classes can be set up for a subset of affected employees all the way up to organization-wide Health and Safety Orientation and Awareness training. Cornerstone works with its clients to make classes and scheduling effective and efficient. Our team of trainers has decades of experience in industry, education, logistics, and regulatory agencies.
Conclusion
Cornerstone’s A.C.T approach to health and safety management leverages industry best practices, broad experience, and a mind toward efficient action that maximizes our client’s resources and minimizes risks to workers.
Come back next month for a deeper dive into our risk-based hazard assessment service. We will demonstrate how it is conducted with a series of examples and case studies and discuss further some of the philosophies behind why we do what we do.
John Scifres is Cornerstone’s Director of Health and Safety Services. He is a Certified Hazardous Materials Manager and is a Provisional Lead Auditor for ISO 14001 and OHSAS 18001. He oversees Cornerstone’s team of EHS Project Managers. In addition, he consults with clients nationwide to ensure compliance with EHS regulations and evaluate opportunities to go above and beyond compliance.
#OSHA #Safety #InjuryandIllness #OSHA-300-A
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Recent Changes to the SARA Title III TRI (Toxic Release Inventory)
Think you are ready to file your Toxic Release Inventory (TRI), aka Form R, reports just the same as you did last year? Hold on a minute. While you might not have an issue doing this, make sure to check the TRI Chemical List for any changes before you press submit. The Environmental Protection Agency (EPA) is making major changes to the list over the next two years.
The EPA makes changes to the TRI chemical list on a periodic basis though EPA-initiated review and the chemical petitions process.
Recent TRI Chemical List ChangesUnder the automatic listing provisions of the 2020 National Defense Authorization Act: Four PFAS were added for reporting year 2022. Reporting forms on these chemicals are due July 1, 2023, for 2022 data if TRI reporting thresholds are met. Nine PFAS were added for reporting year 2023. Reporting forms on these chemicals are due July 1, 2024, for 2023 data if TRI reporting thresholds are met. See Addition of Certain PFAS to the TRI by the National Defense Authorization Act for more information. In November 2022, EPA added 12 chemicals in response to a petition submitted under Section 313(e) of EPCRA. Reporting forms on these chemicals are due July 1, 2024, for 2023 data if TRI reporting thresholds are met.
*from epa.gov
For the Cliff’s Notes version from our technical expert (and skip the clicking)…Or easier still…just call us to help!
For the 2022 reporting year, due by July 1, 2023, the EPA has added four Per- and Polyfluorinated Substances (PFAS) to the EPCRA Section 313 reportable chemical list:
CAS RN Chemical name
375-73-5 Perfluorobutane sulfonic acid (de minimis 0.1%)
29420-49-3 Potassium perfluorobutane sulfonate
65104-45-2 2-Propenoic acid, 2-methyl-, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,12-heneicosafluorododecyl ester, polymer with 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,10- heptadecafluorodecyl 2-methyl-2-propenoate, methyl 2-methyl-2-propenoate, 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,14,14,14- pentacosafluorotetradecyl 2-methyl-2-propenoate and 3,3,4,4,5,5,6,6,7,7,8,8,8- tridecafluorooctyl 2-methyl-2-propenoate
203743-03-7 2- Propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, γ-ω-perfluoro-C10-16-alkyl acrylate and stearyl methacrylate
Note that the de minimis value for each of these PFAS is 1% unless otherwise noted above. The manufacturing, processing, and otherwise use reporting threshold is 100 pounds for each of the PFAS listed above.
Please also note that the PFAS chemical names and CasRNs are listed on separate tables from the remainder of reportable chemicals on the List of Lists.
For the 2023 reporting year, due by July 1, 2024, the EPA automatically added in 9 PFAS to the EPCRA Section 313 reportable chemical list:
375-22-4. Perfluorobutanoic acid
2218-54-4 Sodium perfluorobutanoate
2966-54-3 Potassium heptafluorobutanoate
10495-86-0 Ammonium perfluorobutanoate
45048-62-2. Perfluorobutanoate
2728655-42-1 Alcohols, C8-16, γ-ω-perfluoro, reaction products with 1,6-diisocyanatohexane, glycidol and stearyl alc.
2738952-61-7 Acetamide, N-[3-(dimethylamino)propyl]-, 2-[(γ-ω-perfluoro-C4-20-alkyl)thio] derivs.
2742694-36-4 Acetamide, N-(2-aminoethyl)-, 2-[(γ-ω-perfluoro-C4-20-alkyl)thio] derivs., polymers with N1,N1-dimethyl-1,3-propanediamine, epichlorohydrin and ethylenediamine, oxidized
2744262-09-5 Acetic acid, 2-[(γ-ω-perfluoro-C4-20-alkyl)thio] derivs., 2-hydroxypropyl esters
The EPA has also added the following 12 chemicals to the EPCRA Section 313 list beginning reporting year 2023, in response to a petition filed by the Toxics Use Reduction Institute:
683-18-1dibutyltin dichloride
96-23-11,3-dichloro-2-propanol75-12-7formamide
1222-05-51,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta[g]-2-benzopyran;*111-41-1n-hydroxyethylethylenediamine
5064-31-3nitrilotriacetic acid trisodium salt140-66-9p-(1,1,3,3-Tetramethylbutyl) phenol87-61-61,2,3-trichlorobenzene
2451-62-9triglycidyl isocyanurate115-96-8tris(2-chloroethyl) phosphate13674-87-8tris(1,3-dichloro-2-propyl) phosphate
25155-23-1tris(dimethylphenol) phosphate
*classified as a Persistent Bioaccumulative, and Toxic (PBT) chemical with a 100 pound reporting threshold
This Month in Environmental History: The Ozone Hole
In May 1985, a group of scientists from a British Antarctic Survey discovered a hole in the (Antarctic) Ozone. Learn more.
While my childhood is mostly gaps or memories created from thumbing through yearbooks or my dad’s slides, I do have solid memories of my first pair of high-top Air Jordans in the fifth grade and the time I peed my pants taking a standardized test in the first grade. I vaguely remember learning that littering was bad for the environment and, later, in middle school, understanding that my can of hairspray might also be bad somehow and looking for the ‘no CFCs*’ labels on bottles at the drugstore.
It was probably my middle school science class before a teacher mentioned the ozone layer and the subsequent havoc that the human population wreaked on the thin part of Earth’s atmosphere that absorbs a portion of the radiation from the sun.
In May 1985, a group of scientists from a British Antarctic Survey (Cambridge) published a ‘letter’ in the scientific journal Nature titled Large losses of total ozone in Antarctica reveal seasonal ClOx/NOx interaction. (Abstract below)
Translation: the discovery of the (Antarctic) Ozone Hole, thought to be one of the most striking indictors of ozone depletion. According to NASA, the depletion of the ozone layer is recognized as on the Earth’s most important environmental issues.
In October 1985, the area of the ozone hole was measured at 7.25 million square miles. Thirty-seven years later in October 2022, it measured 10.23 million square miles. For reference, the entire continent of North America is just over 9.5 million square miles.
Large losses of total ozone in Antarctica reveal seasonal ClOx/NOx interaction
Abstract: Recent attempts1,2 to consolidate assessments of the effect of human activities on stratospheric ozone (O3) using one-dimensional models for 30° N have suggested that perturbations of total O3 will remain small for at least the next decade. Results from such models are often accepted by default as global estimates3. The inadequacy of this approach is here made evident by observations that the spring values of total O3 in Antarctica have now fallen considerably. The circulation in the lower stratosphere is apparently unchanged, and possible chemical causes must be considered. We suggest that the very low temperatures which prevail from midwinter until several weeks after the spring equinox make the Antarctic stratosphere uniquely sensitive to growth of inorganic chlorine, ClX, primarily by the effect of this growth on the NO2/NO ratio. This, with the height distribution of UV irradiation peculiar to the polar stratosphere, could account for the O3 losses observed.
For more information on Federal (Clean Air Act) and International (Montreal Protocol et al) actions to address Ozone Depletion, visit this site.
*chlorofluorocarbons and other Ozone-Depleting Substances (ODS)
Sources: Farman, J., Gardiner, B. & Shanklin, J. Large losses of total ozone in Antarctica reveal seasonal ClOx/NOx interaction. Nature 315, 207–210 (1985). https://doi.org/10.1038/315207a0
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SEC Rule on Climate-related Disclosures
In January 2023, the Securities and Exchange Commission (SEC) cited April as the release date for a long-anticipated final action – a rule on companies' climate-related disclosures.
For reference:
Scope 1 emissions are considered direct greenhouse gas (GHG) emissions from sources that are controlled by a company such as emissions from energy to run equipment, heating and cooling, and company vehicles.
Scope 2 emissions are indirect GHG emissions created by the production of energy (electricity, steam, heat, or cooling) the organization buys.
Scope 3 emissions are indirect GHG emissions that are not owned or controlled by the reporting organization. This category is much more encompassing as it addresses emissions generated by customers who use the products and by suppliers making products the company uses. Addressing Scope 3 involves tracking emissions across the entire value chain from suppliers to end users.
Scope 1 and 2 emissions tend to be easier to track, measure, and, to an extent, control. Options, such as solar and other renewable energy sources and switching company vehicles to electric models, are a few examples. With regard to Scope 3 emissions, EPA suggests that an “organization may be able to influence its suppliers or choose which vendors to contract with based on their practices.” For other companies, the focus can be less on suppliers and more about their customers’ use of products.
The reality is the upcoming SEC final rule release will regulate publicly traded companies; however, these publicly traded companies will be obligated to heighten their demands on the private sector suppliers to the companies subject to the SEC rule. Private companies will very likely be affected by new vendor or customer requirements. Small and mid-market organizations may not have the capability to effectively manage in-house. For those organizations already addressing Scope 1 and 2, it will be critical to ensure the process is accurate. A periodic third-party audit will be prudent. While not anticipated to have a reporting date before 2025 (for FY 2024), if not yet addressed, a plan to identify, manage and measure Scope 3 should be considered.
It is and will be critical for organizations to publicly communicate accurate, complete, and reliable environmental data, which includes environmental risks, opportunities, and practices as well as GHG emissions that are useful in decision-making for stakeholders.
A recent article in Environment+Energy Leader reminds us that there is good news. “…the good news is that these new standards and requirements are aligning around a common core, giving the markets more comparable information, and giving companies clearer direction. Organizations must understand that C-suites and Boards of Directors will be held accountable for disclosures and data management. It will be critical to ensure that data is reliable.”
Important Notes:
The proposed SEC rule would provide a safe harbor for liability from Scope 3 emission disclosure and exemption from Scope 3 emissions disclosure requirement for smaller reporting companies.
The proposed disclosures are anticipated to be similar to currently accepted disclosure frameworks such as ISSB (IFRS) and CDP.
Sources:
https://www.epa.gov/climateleadership/ghg-inventory-development-process-and-guidance
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Industrial Stormwater Best Management Practices
Stormwater is the water that originates from precipitation such as heavy rain or meltwater from hail or snow. Many industrial facilities introduce materials to stormwater through the outdoor storage, handling, and transfer of product materials, by-products, and waste products. These industrial products often contain pollutants such as metals, oil, and grease which negatively impact stormwater runoff. Additionally, industrial activities can cause erosion and sediment problems that also impact stormwater runoff.
Best Management Practices (BMPs) are pollution control measures designed to prevent or reduce the effects of pollutants in stormwater runoff from industrial stormwater discharges. Some BMPs are specific and well-defined, while others are general in nature. Facilities determine which BMPs to use based on permit requirements, the facility’s specific industrial materials, and the facility’s specific activities.
BMPs should be considered as a system or series of activities that may include non-structural and structural BMPs.
Non-structural BMPs are management techniques implemented through simple daily duties. The facility identifies and implements site-specific BMPs which have a direct impact on the day-to-day operations. Some of the more common non-structural BMPs include good housekeeping, eliminating and reducing exposure, management of salt and/or industrial storage piles, management of runoff including soil and erosion prevention, and dust control.
Structural BMP options vary depending on the pollutants each can treat, efficiency, maintenance issues and limitations of controls. Structural BMPs are more technical in nature and advanced technical expertise is required to make informed decisions about implementing structural stormwater BMPs. It
is suggested to consult with a licensed professional engineer early in the decision process. Common structural BMPs include sedimentation systems (e.g. retention ponds), infiltration systems (e.g. stormwater trenches), filtration systems (e.g. vegetative filters), and proprietary systems (e.g. vortex separators).
Federal regulations require stormwater discharges associated with specific categories of industrial activity to be covered under a National Pollutant Discharge Elimination System (NPDES) permit. EPA has developed a fact sheet for each of the 29 industrial sectors regulated by the NPDES permits. Each fact sheet describes the types of facilities included in the sector, typical pollutants associated with the sector, and types of stormwater control measures used to minimize the discharge of the pollutants. These BMP fact sheets are a great starting point for determining the various pollutants which cause stormwater pollution at a facility and provide BMPs that are applicable to a specific industrial facility operation.
Regular inspections of a facility’s BMPs are required by the NPDES permits. These inspections are integral in determining if structural and nonstructural BMPs are properly functioning, require maintenance, or need to be changed. Inspections also determine the accuracy of the facility’s written stormwater plan, as all observations and any changes made as a result of the inspections must be documented in the written plan.
For more information on BMPs for stormwater, check out EPA.gov or reach out to your Cornerstone Team directly.