Respondent operated a facility that refines petroleum products using a hydrofluoric acid alkylation process. Hydrofluoric Acid is a “regulated toxic substance” listed under CAA Section 112(r)(3), 42 U.S.C. § 7412(r)(3), with a TQ of 1,000 lbs. See 40 C.F.R. § 68.130, Tables 1 and 2. On June 2-3, 2022, EPA performed an inspection of the Facility to evaluate compliance with the Comprehensive Environmental...

Think of the safety journey as one of the vast improvements. When we first started managing safety, we did it by making and enforcing rules about safety and we got better, much better. Then we started to level out, we plateaued in our performance and needed to do something different. Safety got better and then it stopped improving. We were better but not excellent. And, we did not solve all of the...

An HVAC technician uses a portable ladder to access a low slope roof 12 feet high. The ladder is secured to the building and is placed at a 4/1 angle. The side rails of the ladder extend three feet above the roof landing. The HVAC unit to be worked on is 25 feet from the edge of the roof. Question: When the employee steps onto the roof’s landing from the portable ladder, and while the employee...

OSHA standard at 29 CFR 1910.25(c)(4) applies to places of employment and requires standard stairs to have a minimum width of 22 inches (56 cm) between vertical barriers. OSHA does not consider a handrail to be a vertical barrier or obstruction to that required minimum width. … HomeRead More »

Background: You stated that your client must perform service and maintenance tasks that will require power in certain circumstances. Some of the tasks qualify for the minor servicing exception to 29 CFR §1910.147 standard. However, there are other tasks that are considered service and maintenance, but still require power. An example is setting up a machine for change over to a new product run....

What is purpose of the list of extremely hazardous substances in regards to the emergency planning requirements of EPCRA? The extremely hazardous substances list and its threshold planning quantities are intended to help communities focus on the substances and facilities of most immediate concern for emergency planning and response.  However, while the list includes many of the chemicals...

Aqueous Film Forming Foam (AFFF), a substance commonly used by firefighters, contains ethanol, 2-(2-butoxyethoxy) which is categorized as a glycol ether.  Glycol ethers meet the definition of hazardous substance in CERCLA 101(14) because they are hazardous air pollutants pursuant to 112(b) of the Clean Air Act.  In 1990, the Clean Air Amendments added 47 individual hazardous air pollutants and five...

This once caught my eye after all the issues I have encountered with lame SDSs! Remember, these are the first line of information for responding agencies, and man, have they gone downhill over the years. With all the hype of how the GHS would improve the MSDSs of the old days, it has been a colossal disappointment. Now, the EPA has gotten onto the bandwagon regarding their accuracy… When submitting...

A facility has a spill of an extremely hazardous substance in an amount greater than its reportable quantity.  The spill occurs on a concrete floor that is inside a facility building.  Before the spill can be cleaned up, a portion (less than RQ) of the EHS enters the outside atmosphere through the window.  Persons in off-site buildings report smelling the chemical.   Does the facility owner/operator...

The notice required by section 304 of EPCRA is to be given by the owner or operator of a facility (by telephone, radio, or in person) immediately after the release of a CERCLA hazardous substance or of an EHS at or above the RQ. Notice is to be given to: … HomeRead More »

We often get this question during audits and PHAs, as it seems to be “common practice” for the driver to reside inside their cab doing paperwork while they are the intended “hazmat attendant”. And although it may not be perfectly clear under DOT regulations (I think it is clear there as well, but many will argue otherwise) I turn to my favorite code, the International Fire Code...

Yes, hazardous chemicals present at rail yards are subject to EPCRA Sections 311 and 312, if they are NOT stored incident to transportation and they are present at the rail yard in amounts equal to or in excess of the minimum thresholds in 40 CFR 370.10(a). As explained in the answer to the question “are hazardous chemicals in transportation subject to EPCRA 311/312,” the Section 327 exemption for...