Supreme Court Will Hear RCRA Case

The U.S. Supreme Court announced that it will hear a case in which Southern Union, a Texas-based natural gas distributor, was convicted in a U.S. District Court of criminally violating RCRA by knowingly storing 140 pounds of waste mercury without a RCRA permit for over two years in a dilapidated facility in Pawtucket, Rhode Island. While the case is based in an alleged RCRA violation, the Supreme Court is primarily interested in how a lower court ruling that defends the authority of a judge, rather than a jury, to determine the number of days the company was in violation comports with case law.

The case involves two legal arguments. First, whether U.S. EPA had the authority to enforce a Rhode Island regulation that requires that conditionally exempt small quality generators (CESQG) obtain hazardous waste permits. Rhode Island is authorized by EPA to run its own hazardous waste regulatory program. Under RCRA, Rhode Island may also issue regulations that are more stringent than the federal baseline program, which it did with the CESQG permitting requirement. Southern Union asserted that EPA was not legally empowered to enforce Rhode Island’s CESQG provision because it is not part of a federally enforceable state plan. The company also argued that EPA has been “irrationally” inconsistent in its prior pronouncements of EPA's position on the regulation of CESQGs and on which state regulations will receive federal authorization. (More....)

Integrating safety into green building design

UW-Milwaukee Cambridge Commons green roof

Green buildings are intended to do good – conserve energy, protect the environment and improve the health of occupants. But some green systems are putting people who install and maintain them in harm's way. A researcher at University of Massachusetts – Lowell found an increased risk of occupational safety and health hazards for five common green building features – geothermal wells, green roofs, rainwater harvesting systems, energy recovery wheels and natural light percolating systems. The research also offered ways for architects to integrate safety into green building features. Read more...

http://www.uml.edu/News/stories/2011-12/Mohomed-Work-Environment.aspx

Students injured in flash fire at Minnesota school science lab

Published December 02, 2011, 06:48 AM

By: Mary Lynn Smith and Abby Simons, Minneapolis Star Tribune / MCT

Dane Neuberger was front and center when the classroom science experiment blew up, setting his face on fire.

MAPLE GROVE, Minn. (MCT) — Dane Neuberger was front and center when the classroom science experiment blew up, setting his face on fire.

"I was on fire," said 15-year-old Neuberger, who is being treated at Hennepin County Medical Center in Minneapolis for second-degree burns to his face, neck and right hand. "People were screaming, and everyone just ran out."

Three other students treated for burns at the hospital were released. (More....)

Hazmat response to nitric acid spill

A spilled container of nitric acid forced the evacuation of a University of Arizona laboratory building on Monday.

No one was hurt in the incident, which occurred in UA's Shantz building.

The spill occurred when a glass container filled with between 500 and 1000 ml of nitric acid dropped and broke. According to the Tucson Fire Department, someone tried to neutralize the spill with sodium bicarbonate, causing an exothermic reaction that melted the copper piping on compressed air containers in the lab.

An adjacent street was closed while the fire department and a hazardous materials control team responded to the incident.

http://www.wildcat.arizona.edu/index.php/article/2011/10/nitric_acid_spill_forces_evacuation_of_shantz

COMM rules to get new titles

The administrative codes previously administered by the Department of Commerce are being re-titled to reflect the move to the Department of Safety and Professional Services. "Comm" codes will be "SPS" codes as of January 1, 2012. According to DSPS, the current code numbers will be bumped up by adding 300 to the existing number. For example, the current Comm 81 will change to SPS 381, and Comm 5 to SPS 305.

Lithium Battery Fire at Camp Pendleton is Third in Two Years

Posted 28 Oct 2011

http://www.sdcitybeat.com/

By: Dave Maass

Roughly 500 lithium batteries caught fire in a storeroom at the Camp Pendleton Marine Corps Base last week, according to an incident report filed with the National Response Center (NRC).

This is the third incident involving lithium batteries at the base in the last two years. Last April, a 55-gallon drum of batteries began to emit gas and smoke, requiring fire department response. In November, another 55-gallon drum “vented, heated then reacted and caught on fire,” according to a NRC report. In the latest case, the fire started in a battery room, activating a fire-suppression system that resulted in the release of between 500 and 1,000 gallons of tainted water into storm drains. In all three cases, employees within a quarter-mile were evacuated.

Base officials say Marine command is investigating the June 14 incident. In an emailed statement to CityBeat, they write:

The Camp Pendleton Fire Department responded to and extinguished a structural fire aboard the base which had started in a room used to store lithium batteries, June 14. Camp Pendleton notified the National Response Center of the incident due to possible contamination of water used to put out the fire. The cause of the fire is under investigation. Future preventative measures will be learned upon completion of the investigation.

*For more information on this story go to www.sdcitybeat.com.

*For information on Veolia's battery packaging guidelines click here>>

The Battery Bandwagon: How to Thwart the Flow of Used Car Batteries to Mexico

Posted 28 Oct 2011

www.americanrecycler.com

Each year, more than 520 million pounds of spent lead acid batteries (SLABs) generated in the United States are trucked across our southern border into Mexico. Sent by profit-hungry corporations, these batteries are destined for recycling facilities with sub-par emissions controls and lax worker safety protections.

SLAB exports have grown dramatically in recent years, due largely to the implementation of stricter environmental and worker safety regulations enacted by the Environmental Protection Agency and the Occupational Safety and Health Administration. Seeking to maximize profit, battery brokers and recyclers are taking advantage of Mexico’s weaker environmental regulations, occupational safety standards and cheaper wages at the expense of the environment, worker safety and the health of local communities.

SLABs, or used car batteries, are made of lead, plastic and sulfuric acid – a toxic combination that can cause health problems and environmental harm when not recycled correctly. Sulfuric acid can seep into groundwater, while lead emissions can affect workers and settle in surrounding communities, causing developmental disabilities in children, loss of neurological functioning in adults and even coma or death in the most extreme cases.

In June 2011, a new study conducted by Occupational Knowledge International and Fronteras Comunes underscored the critical importance of recycling SLABs domestically. Titled, “Exporting Hazards”, the report finds that ULABs, an acronym used interchangeably with SLABs, are being exported to and recycled in Mexico under less stringent standards, resulting in significantly higher occupational and environmental exposures. The report also highlights the fact that the problem is growing exponentially. In 2010, imports to Mexico increased 112 percent from the previous year.

In one instance, the report cites an unlicensed and unregulated battery recycling facility operating next to an open air market. Because the emissions from lead battery recycling plants in Mexico are nearly 20 times higher than in the United States, and lead emissions do not travel far, it is logical to assume that families who buy and sell from this market are at greater risk of lead exposure.

Also, with the Permissible Exposure Limit for airborne lead three times higher in Mexican recycling facilities, workers at these plants are at greater risk from significant workplace exposure. While this data is alarming, it may not be the worst case scenario. The report also found that less than half of all approved Mexican recyclers report any lead emissions to authorities. The logical conclusion is that other recyclers do not report at all because their emissions far exceed permissible levels.

Given all of the apparent risks associated with battery recycling, why not ship them outside the States? The answer is simple: domestic recyclers can do it better and safer here, and maintain the green jobs so vital to our own economy.

Battery recycling in the United States is largely considered an environmental success story, with 95 to 97 percent of States-produced batteries domestically recycled every year. The United States also has enacted some of the world’s strictest emissions standards, requiring battery recyclers to upgrade their technology to comply with new regulations. To safeguard worker health and minimize community impact, recycling facilities across the nation are implementing some of the world’s most advanced recycling technology, which all but eliminates worker and community exposure.

It is also important to remember that every battery shipped across our borders impacts the number of jobs this industry can sustain. With a national unemployment rate above nine percent, every job counts in this recovering economy.

Recycling batteries here at home ensures that lead will be efficiently recycled; environmental impact will be minimized; worker and community health will be protected; and, American jobs will be maintained. As a nation, we have the knowledge, the state-of-the-art technology and the skilled work force to do the job. There is simply no excuse for dumping American waste on our international neighbors who lack the infrastructure, technology and regulatory oversight to dispose of the toxic materials safely and effectively.

*For more information go to www.americanrecycler.com

EPA Marks 25th Anniversary of EPCRA

CONTACTS:


Stacy Kika (News Media Only)
Kika.stacy@epa.gov
202-564-0906
202-564-4355
Latisha Petteway (News Media Only)

petteway.latisha@epa.gov
202-564-3191
202-564-4355

FOR IMMEDIATE RELEASE

October 17, 2011
EPA Marks 25th Anniversary of EPCRA
WASHINGTON - This year marks 25 years since the passage of the federal Emergency Planning and Community Right-to-Know Act (EPCRA). The act was passed in 1986 as a part of the reauthorization for Superfund. EPCRA has played a significant role in protecting people’s health and the environment by providing communities and emergency planners with area-specific information on toxic chemical releases.

“This law is important to safeguarding our communities from chemical emergencies,” said EPA Administrator Lisa P. Jackson. “Twenty-five years after EPCRA was made into law, EPA continues to improve and advance our community right-to-know programs, so that we can ensure the best possible chemical safety protection for every community across the country.”

Public demand for information about chemical releases skyrocketed in the mid-1980s after a deadly cloud of highly toxic pesticide killed thousands of people in Bhopal, India. Shortly thereafter, a serious chemical release at a plant in West Virginia hospitalized 100 people. These events led to the implementation of EPCRA in 1986.

Under EPCRA, Environmental Protection Agency (EPA) collects information on toxic releases through the Toxic Release Inventory program (TRI), a public database containing information regarding the industrial releases of over 600 toxic chemicals from more than 20,000 facilities throughout the nation. TRI was the first publicly available database in the world that contained information on pollutant releases. Many other countries have since followed EPA’s lead, recognizing the value of making toxic chemical data readily available to the public. TRI information enables every American to make informed decisions on the consequences of toxic releases and empowers communities to take action.

EPCRA has made the lives of every American safer from toxic emergencies by establishing emergency planning groups at the state, tribal, and local levels. EPCRA brings together emergency responders from fire and police departments, medical personnel, emergency planners, elected officials, environmental group representatives and local citizens to develop plans to respond to chemical emergencies.

More information on EPCRA and the 25th anniversary: http://www.epa.gov/emergencies/content/epcra/epcra25.htm



My Right-to-Know mobile application for easily accessible TRI data: http://www.epa.gov/tri/myrtk/

Report finds fault with college labs over poor safety record

From USA Today:

An explosion that severely burned a Texas Tech graduate student last year suggests safety problems plague college labs nationwide, a federal watchdog agency warned.

A report released Wednesday by the Chemical Safety and Hazard Investigation Board (CSB), an independent safety agency, examines the Jan. 7, 2010, detonation at Texas Tech University in Lubbock that cost the student, Preston Brown, three fingers and caused severe burns and eye damage. Brown had set out to produce 10 grams of an explosive compound — 100 times more than an informal lab limit — for research sponsored by the Department of Homeland Security.

"The report serves as a cautionary tale for universities across the country," CSB's Daniel Horowitz says. (More....)

Training grant

Photo courtesy UW Extension

Good news about "one of ours" recently receiving good news in the form of a $134,000 grant award from OSHA's Susan Harwood Training Grant Program. UW-River Falls Risk Manager Connie Smith, along with Cheryl Skjolaas at UW-Extension, wrote the grant to build long term health and safety capacity and provide training sessions to farmers and workers in the dairy industry. Training will include a train-the-trainer component and will be offered at 16 locations throughout Wisconsin. Training and materials will be provided in Spanish.

While looking over the other grant recipients, I noticed that the Consortium for Advanced Research in Gas Industries at UW-Milwaukee received an award from the same program. Congratulations to both.

MIT Fined $175,000 for Air Cargo Package Fire

Lithium batteries in electronic devices cause fire at FedEx facility. Read article here.

Mobile Phone Use Does Not Raise Cancer Risk in Children and Adolescents

August 9, 2011

The first-ever study of mobile phone use by children and adolescents carried out in four European countries found no increased risk of brain cancer, according to a report published online July 27 in the Journal of the National Cancer Institute (JNCI).

Investigators in Denmark, Sweden, Norway, and Switzerland conducted a multicenter case-control study involving children and adolescents 7 to 19 years of age who were diagnosed with a brain tumor between 2004 and 2008. The investigators, led by Dr. Denis Aydin of the Swiss Tropical and Public Health Institute in Basel, conducted interviews with 352 brain tumor case patients, 646 healthy control subjects, and their parents.

The children who regularly used mobile phones were not statistically significantly more likely to have been diagnosed with brain tumors than nonusers, the researchers reported. In addition, those who used mobile phones for at least 5 years did not have a statistically significantly higher risk of developing brain tumors. Moreover, the investigators found no increased risk of brain tumors in the parts of the brain that typically receive the highest levels of mobile-phone radiation exposure.

For some of the children, the investigators were also able to obtain data from mobile phone service providers. In these children, brain tumor risk rose with the amount of time since the family began its mobile phone subscription but not with the amount of mobile phone use as recorded by the service providers, the researchers added.

Previous epidemiologic studies among adult users have found no overall increased risk of brain cancer from mobile phone use. This study addressed concerns that the developing brains and nervous systems of children and adolescents might be more vulnerable to the potential adverse health effects of mobile phone use.

“Researchers continue to monitor trends in brain cancer and mobile phone use,” commented Dr. Martha Linet, chief of the Radiation Epidemiology Branch in NCI’s Division of Cancer Epidemiology and Genetics. “Other ongoing research includes a large study of rodents exposed to mobile phone frequencies that is being conducted by the National Toxicology Program; a prospective study recruiting 250,000 mobile phone users in five European countries; and a case-control study comparing 2,000 young people between the ages of 10 and 24 who were diagnosed with brain tumors and an equal number of control subjects from 13 countries.”

Further reading: “A Conversation with Dr. Martha Linet on Cell Phone Use and Cancer Risk”

Mad as a Hatter

Mercury and Other Occupational Hazards at the Movies

By day, I conduct occupational safety and health research at NIOSH. But on Tuesday nights, I join my friends from NIOSH and the outside world as we head for one of Cincinnati's local art cinema houses to watch and then discuss movies. Most the time we seek out smaller foreign or independent films. But we made an exception when we recently saw Tim Burton's Alice In Wonderland. We were drawn, not only to the promise of sumptuously creative visuals and evaporating cats, but also, in a small way, a reference to our vocation in the movie.

Why is the Mad Hatter mad? His erratic agitated behavior in this classic story refers to a real industrial hazard in Lewis Carroll's Britain of 1865 (hat-making was the main trade in Stockport, near where Carroll grew up). In those days, hatters commonly exhibited slurred speech, tremors, irritability, shyness, depression, and other neurological symptoms; ergo the expression "mad as a hatter." (Clearly, Carroll's Mad Hatter does not express all these symptoms; he is not shy.) The symptoms were caused by chronic occupational exposure to mercury. Hatters toiled in poorly ventilated rooms, using hot solutions of mercuric nitrate to shape and convert fur into felt hats. (More...)

Installation of thermal system insulation

In a change not specifically related to public employee health and safety, the Department of Commerce authority for regulation of thermal system insulation installation under s. 101.136, Wis. Stats. was repealed in the recently signed FY2011-13 biennial budget.

Background [http://legis.wisconsin.gov/lfb/2011-13%20Budget/Budget%20Papers/246.pdf]: Under 2009 Act 16, the Department of Commerce was required to regulate the business of installing and maintaining thermal system insulation installation under s. 101.136 of the statutes. Proponents of the legislation said that the legislation established uniform standards for the industry, established licensure and education requirements for persons who install thermal system insulation, and protected consumers from problems that could arise from improper installation of heat and frost insulation such as health threats from mold and mildew. Opponents of the rule suggested regulation of the industry is not needed, the license fee is too high, and the program would be a burden on the industry.

Commerce promulgated administrative rules to establish license and registration fees for thermal system mechanics, apprentices and helpers, but they did not implement the requirements. The Thermal System Insulation Council was not fully appointed (three of seven members were appointed) so there was no quorum, the Council never met to make recommendations to Commerce regarding proposed administrative rules, and Commerce did not hire a thermal system insulation inspector.

In the Executive Budget Book, the Walker administration indicated the program was recommended for deletion because there are no significant safety issues related to the profession of thermal system insulation mechanics, and the licensing requirements presented a significant barrier and cost to individuals entering the profession.

Budget bill and public employee safety regulation

The FY2011-13 biennial budget was passed and signed into law, and as indicated months ago the only change to regulation of public sector safety brought about by statutory changes will be a rebranding of the regulators from the Department of Commerce to the Department of Safety and Professional Services.

New substances added to HHS Report on Carcinogens

From NIH News

The U.S. Department of Health and Human Services today added eight substances to its Report on Carcinogens, a science-based document that identifies chemicals and biological agents that may put people at increased risk for cancer.

The industrial chemical formaldehyde and a botanical known as aristolochic acids are listed as known human carcinogens. Six other substances — captafol, cobalt-tungsten carbide (in powder or hard metal form), certain inhalable glass wool fibers, o-nitrotoluene, riddelliine, and styrene — are added as substances that are reasonably anticipated to be human carcinogens. With these additions, the 12th Report on Carcinogens now includes 240 listings. (More...)

Yale death, PRL fire prompt new machine shop rules

Friday, April 29th, 2011 By Kurt Chirbas

Officials from Stanford’s Department of Environmental Health and Safety (EH&S) met with University leadership Monday to present newly drafted, institution-wide machine shop safety guidelines. The move, a departure from the University’s hands-off policy, was prompted by the April 11 death of a Yale senior Michele Dufault and Saturday’s after-hours fire at the Product Realization Lab (PRL).

Dufault died from accidental asphyxia after her hair caught in a metal lathe. No one was hurt in the PRL fire.

According to EH&S Associate Vice Provost Larry Gibbs, the change aims to create a common safety standard for machine shops across campus and to increase student accountability. (More...)

Not to be confused with other coming apocalypses

Found this tidbit in a recent CSHEMA post. The Centers for Disease Control and Prevention has finally released its overdue guidance on how to survive the coming zombie apocalypse. The tips may also apply to other minor disasters such as tornadoes and hurricanes.

FDA Denies Hearing on Egg Irradiation Rule

The agency rejected all 26 opposing comments it received, including a letter from Public Citizen that FDA addressed point by point. Apr 14, 2011 The Food and Drug Administration has rejected a request to hold a public hearing on its final rule allowing for irradiation of fresh shell eggs to reduce Salmonella pathogens. The denial was announced in the April 13 Federal Register, but it comes more than a decade after FDA issued the rule itself on July 21, 2000. The rule permits irradiation at doses not to exceed 3.0 kiloGray (kGy). Public Citizen raised several points in its letter opposing the rule. FDA received 25 other opposing submissions, some of which asked for a hearing, but said these voiced general opposition and offered no evidence that could be weighed at a hearing. (More....)

Government Files Antitrust Suit against Stericycle

The merging of Stericycle and Healthcare Waste Solutions would reduce competition and increase customer cost, according to the New York attorney general. Apr 11, 2011 New York joined the U.S. Justice Department in filing an antitrust lawsuit in the U.S. District Court for the District of Columbia challenging the planned acquisition by Stericycle, a medical waste services company of Healthcare Waste Solutions Inc. (HSW), according to a press release from the office of Attorney General Eric T. Schneiderman. “Restoring New Yorkers’ faith in the private sector requires real competition and fair prices,” said Schneiderman. “The New York City metropolitan area is the largest market in the nation for medical waste services, making it all the more critical that there is genuine competition and that one company is unable to set arbitrary prices.” (More....)

Woodstoves and outdoor wood boilers cause wildfires—and, you get the bill!

March 29, 2011 , WIDNR MADISON – Wisconsin’s peak wildfire season typically occurs just after the snow melts in conjunction with cool, dry and windy weather conditions, and state forestry officials caution that woodstoves, wood-fired outdoor boilers and debris fires cause numerous, and costly, wildfires every year about this time.

“When cleaning out a woodstove or fireplace, it’s important to empty ashes in a metal container with a tight fitting lid,” says Catherine Koele, wildfire prevention specialist with the Department of Natural Resources. “Let the embers cool by drowning and stirring the ashes with plenty of water and a shovel. Since embers can remain hot for days, avoid disposing ashes in the outdoors unless the ground is completely snow-covered or on bare ground such as a plowed field or tilled garden. Be sure to check for hot glowing embers as you dispose of them.” (more)

JOINT EPA/FDA STATEMENT: Update on Ongoing Monitoring

WASHINGTON – In response to the ongoing situation in Japan, the U.S. Environmental Protection Agency (EPA) has taken steps to increase the level of nationwide monitoring of milk, precipitation, drinking water, and other potential exposure routes. EPA conducts radiological monitoring of milk under its RADNET program, while the U.S. Food and Drug Administration has jurisdiction over the safety, labeling and identity of milk and milk products in interstate commerce. States have jurisdiction over those facilities located within their territory.

Results from a screening sample taken March 25 from Spokane, Wash. detected 0.8 pCi/L of iodine-131, which is more than 5,000 times lower than the Derived Intervention Level set by the U.S. Food and Drug Administration. These types of findings are to be expected in the coming days and are far below levels of public health concern, including for infants and children. Iodine-131 has a very short half-life of approximately eight days, and the level detected in milk and milk products is therefore expected to drop relatively quickly.

“Radiation is all around us in our daily lives, and these findings are a minuscule amount compared to what people experience every day. For example, a person would be exposed to low levels of radiation on a round trip cross country flight, watching television, and even from construction materials,” said Patricia Hansen, an FDA senior scientist.

EPA’s recommendation to state and local governments is to continue to coordinate closely with EPA, FDA and CDC. EPA will continue to communicate our nationwide sampling results as they come in.

EPA: http://www.epa.gov/japan2011

FDA: http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm247403.htm

Note: If a link above doesn't work, please copy and paste the URL into a browser.

CPSC Warns: As Button Battery Use Increases, So Do Battery-Related Injuries and Deaths

Toddlers and Seniors Most Often Injured in Battery-Swallowing Incidents WASHINGTON, D.C. - Small, coin-sized batteries can be found in products in nearly every home in America. From the flashlight sitting on the table, to the remote control next to the TV, "button batteries" as they are commonly referred to, are in thousands of products used in and around the home. Young children and senior adults are unintentionally swallowing the button batteries and in some cases, the consequences are immediate and devastating. (more)

Notre Dame makes safety change in wake of student death

Notre Dame announced plans to change how football practices are videotaped in response to the October 2010 death of student Declan Sullivan, who died while videotaping a practice. The plan is to install a permanent, remote video system for the university’s practice fields, eliminating the need to use a scissors lift. The scissor lift in use by Sullivan at the time of the accident toppled when stuck by high winds. Sullivan's parents hope that other universities will take similar steps.

http://ehstoday.com/safety/news/notre-dame-eliminates-elevated-scissor-lifts-following-student-death-0309/

http://www.washingtonpost.com/wp-dyn/content/article/2011/03/09/AR2011030901953.html

Reference for federal campus fire safety reporting

The Handbook for Campus Safety and Security Reporting  was recently released by the U.S. Department of Education. Yes, it would've been more useful for you last year when you had to prepare the report. For future reference, chapters 11-14 cover the fire safety requirements of the regulations.

Right-to-Know App Identifies Toxic Neighbors

This application was designed by Abt Associates for the U.S. Environmental Protection Agency.

Feb 24, 2011

If you’ve ever wondered how close your home or office is to a chemical facility and if the toxins it is releasing might impact your health, answers can be as close as your smartphone. A pioneering mobile application known as My Right-to-Know (myRTK), designed and developed for the U.S. Environmental Protection Agency by Abt Associates, can enable you to easily access this information. All you need is a Web-enabled mobile device.

The MyRTK application, engineered by the Bethesda firm launches with a map or list of facilities in close proximity to the mobile device, or near an address identified by the user. An easy-to-comprehend, graphically rich interface is used to simplify fairly complex information, including the facilities' locations, relative size, chemical releases and their possible health effects, and a record of compliance with U.S. environmental laws. The Google-serviced maps are complemented with street and satellite views.

The application includes suggestions of what mobile users might do next, such as report a potential violation from their device using a link to EPA's enforcement office.

MyRTK can be viewed at http://myrtk.epa.gov/info/. (More...)

On second thought, noise is what it always was

It seems like I just wrote about this topic... because I did, last week. Yesterday, OSHA announced that, upon further consideration, they will not be changing their interpretation of the occupational noise control standard.

Dr. David Michaels, assistant secretary of labor for occupational safety and health, said  "...it is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated." One could surmise that given the current landscape of Capitol Hill that this proposal will not be returning soon.

Text of news release is here.

"feasible engineering and administrative noise controls"

OSHA is proposing to change its interpretation of the occupation noise control standard by requiring employers to implement feasible engineering and administrative noise controls when an employee's workers’ eight-hour average exposures reach 90 dBA or greater. The current interpretation allows employers to rely on employee hearing conservation programs until eight-hour average exposures reach or exceed 100 dBA.

The National Hearing Conservation Association has published a defense of the proposed changes, rebutting some of the arguments that are being put forward by business groups. The NHCA points out the shortcomings in the current policy:

This policy – established over 25 years ago in the absence of rulemaking or public input – does not require employers to implement feasible engineering and administrative noise controls until workers’ eight-hour average exposures reach 100 dBA or greater, which is ten times more intense than the current Permissible Exposure Limit of 90 dBA. The current policy has made noise the only regulated health hazard in which OSHA has failed to acknowledge the primacy of engineering controls, and has resulted in a substantial increase in risk of hearing loss for some American workers. The alternative exposure reduction method currently allowed by OSHA for eight hour average exposures between 90 and 100 dBA is the use of earplugs or earmuffs, which have been demonstrated to provide insufficient protection for many workers, if they are used at all.

Links:

http://origin.www.gpo.gov/fdsys/pkg/FR-2010-10-19/pdf/2010-26135.pdf

 http://nhca.affiniscape.com/associations/10915/files/OSHA%20interpretation%20clarification%2012%2015%2010%20FINAL.pdf

Does this make the breakroom a safer place?

I must be falling down on the job -- I had no idea that saccharin had been de-listed from the hazardous waste list. Now that it's off the list, I won't have to report those diet soda spills to the feds anymore...

The following is an update from EPA's Superfund, TRI, EPCRA, RMP & Oil Information Center:

On December 17, 2010, EPA published a final rule to remove saccharin and its salts from the CERCLA list of hazardous substances and the RCRA list of hazardous wastes.  EPA's listing of saccharin as a hazardous waste under RCRA was the sole basis for its listing as a hazardous substance under CERCLA; therefore, since EPA has removed saccharin's listing as a hazardous waste, there is no longer reason for it to be listed as a hazardous substance under CERCLA.  Persons in charge of vessels or facilities from which saccharin or its salts are released will no longer be required to immediately notify the National Response Center of the release under CERCLA Section 103 and will not be subject to the liability provisions under CERCLA Section 107.   

More information on this final rule is available at the following URL:

www.epa.gov/waste/hazard/wastetypes/wasteid/saccharin

FDA Safety Notification: Risk of Eye and Skin Injuries from High-powered, Hand-held Lasers Used for Pointing or Entertainment

Date Issued: Dec. 16, 2010

Audience: Consumers
Product: Hand-held laser pointers that emit 5 milliwatts (mW) output power or higher.
Purpose: The Food and Drug Administration (FDA) is alerting consumers about the risk of eye and skin injuries from high-powered laser pointers.

Summary of Problem and Scope:
The Food and Drug Administration (FDA) is alerting consumers about the risk of eye and skin injuries from exposure to high-powered laser pointers. FDA regulations limit the energy output of hand-held laser pointers to 5 milliwatts (mW). (More.....)

OSHA Issues $787,000 in Penalties Against Wisconsin Firm

From Environmental Protection Online

The citation includes 14 alleged willful and one serious violation against WRR Environmental Services Co. of Eau Claire in connection with a June 29 explosion and fire at its plant, OSHA announced Tuesday.

Dec 15, 2010
OSHA issued $787,000 in proposed penalties Tuesday against a hazardous waste management and solvent recycling company, WRR Environmental Services Co. of Eau Claire, Wis. There were 14 willful and one serious citation filed for allegedly failing to implement measures to prevent chemical fires and explosions at its plant in Eau Claire, where an OSHA investigation took place after a June 29 explosion and fire in a solvent sludge feed tank.

The tank's roof blew off, and a nearby tank also exploded. "Employees had been working in the area of the solvent sludge feed tank immediately prior to the explosion. Fortunately, there were no reported injuries," OSHA stated in its news release.

"Even after WRR Environmental Services experienced a devastating fire that destroyed the facility in 2007, the company still failed to implement an adequate program to ensure safe operating conditions," said OSHA Assistant Secretary Dr. David Michaels.

OSHA said this investigation was part of its new Severe Violators Enforcement Program.

Transformation of Silver Nanoparticles in Sewage Sludge

From Environmental Protection Online

Carol Potera

Carol Potera, based in Montana, has written for EHP since 1996. She also writes for Microbe, Genetic Engineering News, and the American Journal of Nursing.

Citation: Potera C 2010. Transformation of Silver Nanoparticles in Sewage Sludge. Environ Health Perspect 118:a526-a527. doi:10.1289/ehp.118-a526a
Online: 01 December 2010

The release and environmental fate of nanoparticles throughout the life cycle of “nanoenabled” goods is an area of growing research interest. In the first known field study of the fate of silver nanoparticles in the wastewater treatment system, researchers now report these nanoparticles transform into silver sulfide in the sludge produced by sewage treatment plants.1 This new information about the life cycle of silver nanoparticles provides a starting point for further exploring their impact on the environment.

Silver has been used as an antimicrobial agent for millennia,2 and the increased surface area offered by the nanoparticle form of the metal offers greater germ-killing capacity.3 Today, manufacturers add silver nanoparticles to hundreds of consumer products, including food storage containers, clothing, computer keyboards, cosmetics, pillows, cell phones, and medical appliances.4

Silver is water soluble, so contact with any type of moisture—such as a bath or a spin in the washing machine—washes some out and sends it into wastewater systems. “We wanted to know what form of silver enters the environment after it goes down the drain and passes through sewage treatment plants,” says Michael Hochella, a geochemist at Virginia Polytechnic Institute and State University and director of natural and incidental nanoparticles for the multi-institute Center for the Environmental Implications of NanoTechnology.5

Sludge from sewage treatment facilities can end up as landfill or soil amendments in agricultural fertilizers, or it can be burned in incinerators. In 2006 and 2007 the U.S. Environmental Protection Agency (EPA) analyzed sewage sludge samples from 74 municipal wastewater treatment facilities nationwide and tested for 28 metals, including silver (which was detected in all the samples).6 Through the EPA, Hochella and postdoctoral fellow Bojeong Kim obtained frozen samples of sludge from a Midwest facility. They suspected it would contain the nanosilver particles now used in consumer products—although the EPA’s goal in sampling was simply to obtain national estimates of the concentrations of selected analytes, not identify nanoparticles.


Numbers of Goods Containing Silver Nanoparticles4
Kim developed analytical methods to determine the size, chemistry, and atomic structure of silver nanoparticles in the samples. The samples tested high in silver, but the silver could not be attributed to an industrial source. Scanning transmission electron microscopy revealed the nanoparticles were 5–20 nm in diameter and formed small, loosely packed aggregates no more than 100 nm in size. Energy-dispersive X-ray spectrometry showed that sulfur (which is produced by microorganisms that digest sewage) combined with the silver in a 2:1 ratio, and the crystal structure confirmed the formation of silver sulfide nanoparticles.1

The results underscore the complexity of environmental fate. “What we start with is not what ends up in the environment,” Hochella says. The researchers don’t know how many silver nanoparticles were introduced to the wastewater treatment plants or how much incoming nanosilver ended up as silver sulfide nanoparticles. However, Kim notes that no pure silver nanoparticles were found in the sludge.

In general, silver sulfide is highly insoluble and settles out of water.7 But no one knows if silver sulfide nanoparticles behave in the same way. Properties of metals can change dramatically as particle size decreases.3 “It’s hard to predict whether the solubility of nanoparticles will increase, decrease, or stay the same,” Kim says. The bioavailability, toxicity, and reactivity of silver sulfide nanoparticles also are unknown.

If silver sulfide nanoparticles do prove toxic, the environmental implications could be unfavorable. Antimicrobial nanoparticles could adversely impact desirable microorganisms that decompose waste in sewage treatment plants, says Murray McBride, director of the Cornell Waste Management Institute. Furthermore, McBride says, nanosized silver sulfide applied to agricultural land could oxidize in soils and release toxic silver ions that kill beneficial soil microorganisms. On the other hand, one study of laboratory-grown Pseudomonas putida biofilms indicated some bacteria bind silver ions, potentially rendering them less toxic.8

References and Notes Top
1. Kim B, et al. Environ Sci Technol 44(19):7509–7514. 2010. doi:10.1021/es101565j Find this article online
2. Alexander JW Surg Infect (Larchmt) 10(3):)289–292. 2009. doi:10.1089/sur.2008.9941 Find this article online
3. Chen X, Schluesener HJ Toxicol Lett 176(1):1–12. 2008. doi:10.1016/j.toxlet.2007.10.004 Find this article online
4. The Project on Emerging Nanotechnologies. Nanotechnology Consumer Product Inventory. Washington, DC:The Woodrow Wilson International Center for Scholars (2010). Available: http://tinyurl.com/5sa88q [accessed 3 Nov 2010].
5. Funded by the National Science Foundation and the U.S. Environmental Protection Agency, the Center for the Environmental Implications of NanoTechnology is a consortium of scientists from Duke University, Carnegie Mellon University, Howard University, Virginia Polytechnic Institute and State University, the University of Kentucky, and Stanford University who study the biological, environmental, and ecological consequences of nanomaterials.
6. EPA. Targeted National Sewage Sludge Survey Statistical Analysis Report. EPA-822-R-08-018. Washington, DC:Office of Water, U.S. Environmental Protection Agency (2009). Available: http://tinyurl.com/33mlma4 [accessed 3 Nov 2010].
7. Lytle PE Environ Toxicol Chem 3(1):21–30. 1984. Find this article online