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Regulatory Ramblingsby Mike Kocak, PMA Regulatory Division Manager

OSHA

OSHA Proposes $487,000 in Fines Against Parker Hannifin PlantOn May 3, OSHA proposed $487,000 in fines against the Batesville, Miss., Parker Hannifin Corp. plant for alleged safety and health violations that range from inadequate lockout/tagout training and inspections to electrical violations.

Hidden danger- dock fires The potential for loading dock fires is often ignored. It has been es-timated that 200,000 US loading docks are at risk due to the type of dock enclosures used at their facilities.

The problem has to do with the interaction between traditional dock seals and the marker lights of semitrailers parked at the dock. Potential for a fire occurs when energized semi-trailer marker lights are com-pressed against compression style foam dock seal. The heat output of individual marker lights, although low wattage, can build to a high temperature in a concentrated area due to the insulating effect of being compressed into a foam dock seal pad over a period of time. The heat buildup can cause ordinary seals to burn. Heat dissipating seals can help avoid this situation.

Recognize the potential for the problem. Conduct a dock inspection, which involves a close examination of places where the dock seal comes into contact with trailer lights. Burn damage on dock seals shows up in the form of scorch marks on the surface of the seals or burned cavities that vary in size from a marble to a softball.

Use caution when considering ordinary fire-retardant fabrics and foam. They cannot prevent heat buildup from marker lights, which means these materials cannot prevent burning but can only extinguish a fire once it starts.

After the OSHA Citation- AbatementWhen OSHA cites a workplace for violations, the employer must follow prescribed abatement procedures in a timely manner. This in-cludes the following key steps.

1. Correct. Hazards found during an OSHA inspection must be promptly corrected, normally within 30 days. Exceptions are made on a case-by-case basis. OSHA can require an abatement plan for serious, willful, and repeat violations having an abatement period lasting longer than 90 days. If an abatement plan is required, you have 25 calendar days after receiving the citation to send OSHA an abatement plan. For long-term abatement projects, OSHA may

also require progress reports concerning abatement activities. The citation will tell you if progress reports are required. If progress reports are required, you have 55 calendar days after receiving the citation to send OSHA your first progress report. You can use the same form for the progress report and the abatement plan.

2. Certify. OSHA requires a letter certifying that the violation has been corrected. The letter must include:

• Inspection, citation, and item numbers for each violation• A brief statement that the violation was abated, with the date the

hazard was corrected• A brief description of how the hazard was abated• A statement informing OSHA that affected employees and their

representatives have been informed of abatement actions• A statement assuring OSHA that the information provided is accurate

You have 10 calendar days after the abatement date to send OSHA an abatement certification letter.

3. Notify. Employees exposed to hazards must be notified about the citation and provided with:

• The same information given to OSHA concerning actions taken to correct the safety or health violation

• A copy of the abatement certification, which must be posted in the workplace for at least 3 working days after submission to OSHA

EPA ISSUES

10 Common SPCC ViolationsThe EPA doesn’t have to warn you before stopping by your facility for an SPCC inspection. Here are 10 common violations of SPCC regs to look out for.

1. The SPCC Plan did not have a signature of approval by management.2. The SPCC Plan was not certified by a PE, if applicable.3. The SPCC Plan lacks written procedures for inspections and for

maintaining inspection records for 3 years.4. Personnel are not properly instructed in spill prevention procedures.5. Compatibility of tanks with the material stored is not discussed.6. One of the oil storage tanks has no secondary containment.7. Facility security measures are not mentioned in the SPCC Plan.8. Facility lighting is not addressed in the SPCC Plan.9. Inadequate secondary containment exists for truck loading and

unloading rack areas.10. Effluent discharges are not addressed in the SPCC Plan.

Continued on next page

PMA Polytopics – Quarter 3 – 2011 • Page 8

Polytopicswww.pmahome.org Quarter 3 – 2011

http://www.pmahome.org

TMW Corp. Faces $100,000 in EPA Fines for Violating Toxic Waste RegulationsTMW Corp. will pay $100,000 in EPA fines for violating hazardous waste regulations at its Van Nuys, Calif.-based metal plating facility. EPA discovered the following violations at TMW’s facility:

• Storage of hazardous waste for over 90 days without a permit; • Failure to conduct required inspections;• Failure to train personnel or maintain training records; • Failure to maintain required emergency communications

equipment; and • Failure to make a hazardous waste determination.

For more information on U.S. EPA’s hazardous waste program, visit http://www.epa.gov/epaoswer/osw/hazwaste.htm.

TRANSPORTATION ISSUES

PHMSA Initiatives on Limited Quantities and Con-sumer CommoditiesThe HM-215K final rule was published January 19, 2011 with an effective date of January 19, 2011. Delayed compliance is until January 1, 2012 unless noted otherwise in the rulemaking

Summary- As part of HM-215K (the international harmonization fi-nal rule) the Pipeline and Hazardous Materials Safety Administration (PHMSA) adopted the new limited quantity markings and a few sig-nificant changes to limited quantity requirements along with the even-tual elimination of the consumer commodity ORM-D designation.

Limited Quantities – PHSMA is adopting the new limited quantity mark for both ground and air. PHMSA noted that a “Y” marked package in full compliance with the air transport requirements for a limited quantity package is authorized for transport by all modes.

Transitional exceptions – For non air shipments, a package marked in accordance with the old limited quantity marking may be offered for transport until December 31, 2013. For air shipments, a package marked in accordance with the old limited quantity marking may be offered for transportation until December 31, 2012. Until the new limited quantity mark is mandatory a shipper will have three options for marking a limited quantity package.

PHMSA is revising paragraph (f ) of 173.27 to add new tables out-lining air transport requirements for limited quantity material in-cluding package quantity limits consistent with the ICAO Technical Instructions. These quantity limits for air transport differ from the quantity limits for other modes.

Consumer Commodities – PHMSA is moving forward with the elimination of the ORM-D hazard class and the consumer com-modity ORM-D and ORM-D air marking.

Additional changes to limited quantities adopted in HM-215K-The exclusion from labeling relief for poison/toxic materials has been removed. - Added a new benefit in that a shipping paper is not re-quired for limited quantities unless it is being transported by aircraft or vessel, or the material is a hazardous waste, hazardous substance or marine pollutant.- Now have access to 173.156 which are exceptions for limited quantities.

For the complete text of this Final Rule go to: http://edocket.access.gpo.gov/2011/pdf/2010-33324.pdf

BUCKEYE BRIEFS

Ohio EPA General Permit for Storm Water Discharges Associated with Industrial Activity (OHR000005) UpdateOhio EPA has been working on the renewal of the NPDES General Permit for Storm Water Discharges Associated with Industrial Activity (General Permit) for several months. The previous General Permit (OHR000004) expired May 31, 2011. The expired permit is administratively extended until Ohio EPA issues a new permit as described in OHR000004 Part VII. B. The agency has been reviewing and considering the comments submitted on the draft permit through the comment period which ended Febru-ary 28, 2011. This next generation of the Ohio General Permit is planned to be a Multi-Sector General Permit (MSGP) similar to the USEPA MSGP. Ohio EPA is working with the Ohio Chamber of Commerce (Chamber) to address concerns about the cost of implementing the new permit for industrial sites compared to the previous permit. Ohio EPA expects to meet with the Chamber in mid-July. The agency now expects to issue the new general permit in August 2011.

The following is a link to the Ohio EPA Storm Water General Permit webpage http://epa.ohio.gov/dsw/storm/index.aspx.

Ohio EPA Proposes Changes to the Pretreatment and Indirect Discharge Permit RulesOhio EPA has reviewed the Pretreatment and Indirect Discharge Permit Rules found in the Ohio Administrative Code (OAC) 3745-3 and 3745-36. In the review of these rules, certain sections were determined to need amendment. The amended rules include a definition for noncontact cooling water and corrected references to the USEPA regulations. In addition, the draft rule includes a clarification that reports and certifications required by the rules must include the certification statement found in 40 CFR 403.6(a)(2)(ii). The other change (OAC 3745-3-07) of note is that all information submitted to the state or publicly owned treatment works (POTW) shall be available to the public at least to the extent provided by 40 CFR 2.302, which deals with confidentiality of business information. The comment period for these draft rules ends July 20, 2011. The following is a link to the Ohio EPA Draft Pretreatment Rule webpage www.epa.ohio.gov/dsw/rules/draft_pretreatment_jun11.aspx




NORTHEAST STATES

States Teaming Up to Crack Down on Toxic Chemicals in Consumer ProductsWith the problems surrounding chemical management, nine U.S. states have teamed up to form a clearinghouse that promotes the reduction of toxic chemicals, specifically those used in consumer products. On January 26, 2011, the Northeast Waste Manage-ment Officials Association announced the Interstate of Chemicals Clearinghouse (IC2) where manufacturers expressed their desire for the federal government to continue to control the management of U.S. consumer product chemicals. The nine states that have formed this clearinghouse include California, Connecticut, Massachusetts, Mich-igan, Minnesota, New Jersey, New York, Oregon, and Washington.

The goals of the IC2 are: • To build a state agency capacity that identifies and promotes

safer chemicals and manages them efficiently,• To facilitate the exchange of information about chemicals, and• To determine the chemicals that pose a threat to human health

and ecological concern that warrants scrutiny first.One of the projects that the IC2 will conduct is developing an online, searchable database that combines lists of priority chemicals developed by each member of IC2.

References:Multi-State Coalition on Chemicals Management Formedhttp://www.masstortdefense.com/2011/02/articles/multistate-coali-tion-on-chemicals-managementformed/ Consumer Product Safety Acthttp://www.cpsc.gov/businfo/cpsa.pdf Consumer Product Safety Commission – Listing of Hazardous Sub-stanceshttp://ecfr.gpoaccess.gov/cgi/t/text/textidxc=ecfr&sid=36b1aac2034790d74be3234bd8a51fa8&tpl=/ecfrbrowse/Title16/16cfr1500_main_02.tpl

SOUTH OF THE BORDER

Mexico Implements GHSMexico has become the region’s first country to officially implement the Global Harmonized System for the Classification and Labeling of Chemicals or GHS. On June 3, 2011, the GHS voluntary standard NMX-R-019-SCFI-2011 became official. It was published by the Ministry of Economy in their catalog of standards web portal. This is a two part voluntary standard, not only covering the GHS implementation but also the Hazard Communication program in Mexico. Mexico (ANIQ) was granted an approval by the Ministries of Labor and Health on a request previously submitted for the use of GHS formatted SDS as an alternative hazard communication document for all sectors of the chemical industry in the entire Mexican territory. Lastly, Mexico has signed an agreement for a project of implementation under the SAICM Quick Start program to

support GHS activities and the publication of a chemical inventory by 2012.

For more information about Mexico GHS Implementation, please visit: http://www.economia.gob.mx/swb/es/economia/p_Catalogo_Mexicano_Normas

REACH

Korea Releases Draft REACH for ConsultationKorea’s Ministry of Environment (MOE) issued a press release on March 9, 2011 regarding the draft of the Act on the registration and Evaluation of Chemicals a Korean version of REACH. The new act is expected to take effect in January 2013 starting with the announce-ment of priority chemicals through a public notice and the six month period of pre-registration for priority chemicals is scheduled to start in January 2014.

PMA has joined the popular social networking site, Facebook, in order to keep members informed. We hope that, if you haven’t already, you will join us, and invite your co-workers and colleagues as well.

New information will be posted a few times a month on things like:

• Upcoming meetings & deadlines • Photos • Marketing initiatives • Division updates • Links to published information on PMA • Requests for information • ...and more

If you do have your own Facebook account, all you have to do is visit the page below and click “Like” next to the association name (at the top of the page): http://www.facebook.com/#!/pmahome

If you do not yet have your own page, please contact the PMA office and we can send you a simple step-by-step instruction document on how to create one. Hope to see you online.

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