| EHS Regulatory News | November 2004
Proposed Changes to Regulations – Electronic Submittal of Information Requirements
The California State Water Resources Control Board (SWRCB) has proposed changes to regulations that would expand electronic reporting requirements to all of the SWRCB’s groundwater cleanup programs. The cleanup programs require responsible parties to submit reports summarizing investigations or remediation of unauthorized releases of waste or hazardous substances. Electronic reporting over the Internet to the SWRCB’s Geotracker database is being implemented to provide decision-makers with more accurate, up-to-date, and accessible information, and provide easier access to information by the public.
The Geotracker database was developed in response to State Assembly Bill 592 and State Senate Bill 1189 in 1997, to provide a tool for regulators to prioritize and more efficiently manage threats to drinking water. In 2000, Assembly Bill 2886 required the SWRCB to adopt regulations for the electronic submittal of information to the Geotracker database. Emergency regulations were adopted by the SWRCB in 2001 requiring electronic reporting of data associated with investigations and remediation at Underground Storage Tank Program sites.
The proposed changes to the regulations would replace the emergency regulations adopted in 2001 and expand electronic reporting requirements to all SWRCB groundwater cleanup programs. The proposed regulations would also update the electronic report formats to make them consistent with existing California Environmental Protection Agency Unified Program formats, thus providing a unified cross-program structure for electronic reporting. Lastly, the proposed regulations would expand the information required for submittal to include:
- Laboratory data for all soil, vapor, and water samples;
- Surveyed latitude, longitude, and elevation data of permanent monitoring wells;
- A site map showing all sampling locations;
- Well construction details and fluid level data;
- Borehole geologic logs; and
- A complete copy of the report in PDF format.
A third 15-day public comment period on the text of the proposed regulations ended on 6 September 2004. Pending review and final approval by the Office of Administrative Law, the proposed regulations will go into effect on 1 January 2005, with completely “paperless” reporting anticipated to go into effect starting in July 2005.
Additional information may be obtained at the SWRCB’s website (http://www.swrcb.ca.gov/ust/regulatory/rulemaking/) or by contacting Mr. Hamid Foolad at the SWRCB at (916) 341-5791.
USEPA’S Emerging Contaminant of Concern – Perfluoroctanoic Acid (PFOA)
Perfluoroctanoic Acid (PFOA) has emerged as the “contaminant de jour” of the United States Environmental Protection Agency (USEPA). In April 2003, the USEPA released a preliminary health risk assessment on PFOA, indicating a significant concern over PFOA and its potential toxicity. In a highly public move, in July 2004, the USEPA took Enforcement Action against DuPont de Nemours and Company (DuPont), one of the main producers of PFOA, charging that DuPont illegally withheld evidence for 20 years that PFOA endangered its workers and the environment. DuPont recently settled a class-action lawsuit with West Virginia and Ohio communities in the vicinity of the DuPont Washington Works facility in West Virginia, reportedly for between $107 and $343 million. 3M, the other main US manufacturer of PFOA, also faces lawsuits in Minnesota and Alabama that allege manufacturing plants are responsible for contaminating the environment. More trouble may be in store for the manufacturers of PFOA as ongoing studies begin to produce results.
PFOA is a synthetic chemical used as an essential processing aid in the manufacture of fluoropolymers. Fluoropolymers are used in a wide variety of consumer and industrial applications, including non-stick surfaces on cookware and protective finishes on carpets and clothing. Previous studies have shown PFOA to cause cancer, birth defects, and developmental problems in laboratory rodents. The USEPA expects to issue a comprehensive health risk assessment in fall 2004 detailing their findings on PFOA exposure pathways and long-term effects to human health.
The prevalence of PFOA in the environment has scientists perplexed. PFOA is characterized by very low volatility and solubility in water and, therefore, is not expected to migrate extensively in the environment. Furthermore, PFOA is very stable and not highly susceptible to degradation. However, approximately 96% of the 1,500 children recently tested in the US were found to contain PFOA in their bloodstream. Furthermore, PFOA has been found as far away as the Arctic, where it was detected in the bloodstream of polar bears. It is widely believed that non-stick products such as Teflon probably do not serve as the source of PFOA for humans.
Recent studies investigating the biodegradation of fluorotelomer alcohols may have identified an important source of PFOA in the environment. It has been shown in laboratory experiments that the 8:2 telomer alcohol (8:2FTOH) is readily degraded to the telomer acid (PFOA) via the transient telomer aldehyde. This result may have significant implications in the telomer processing industry and may, according to Mary Dominiak of the USEPA, “result in the tightening up of telomer product production.” While the public awaits results from the health risk assessments and fate and transport studies, the USEPA has not encouraged consumers to curtail use of products manufactured with PFOA. Information on PFOA and ongoing studies may be found at the USEPA edocket web site at www.epa.gov/edocket. Use the Quick Search feature to locate Docket No. OPPT-2003-0012 for info on PFOA.
Electronic Waste Recycling Fee Collection Postponed
According to a monthly newsletter published by the Department of Toxic Substances Control (DTSC), newly enacted legislation has postponed the start date for the California Integrated Waste Management Board’s (CIWMB) “Electronic Waste Recycling Fee” collection mandated by SB 20.
The previously established date to begin collecting fees was reported to be 1 July 2004, now postponed until 1 November 2004. The delay will take effect immediately, and will temporarily relieve retailers of the 1 July fee collection obligations.
More information about the electronic waste recycling fee program is available on the CIWMB website at www.ciwmb.ca.gov/electronics/Act2003/Retailer/Fee/Postpone.htm
OSHA Proposed Hexavalent Chromium Rule
It is expected that OSHA will publish a proposed hexavalent chromium rule by 4 October 2004, as directed by the US Court of Appeals for the Third Circuit. According to the Preliminary Initial Regulatory Flexibility Analysis (PIRFA) for a Draft Occupational Safety and Health Administration (OSHA) Standard for Hexavalent Chromium, OSHA is currently considering five different concentrations to become the permissible exposure limit (PEL): 10, 5, 1, 0.5 and 0.25 micrograms per cubic meter (µg/m3). OSHA is also considering setting an Action Level. An Action Level is typically half of the PEL, thus possible Action Levels under consideration include 5, 2.5, 0.5 and 0.25 µg/m3. OSHA is not considering an Action Level of 0.125 µg/m3 because it believes that employers may not be able to reliably maintain exposures below this level.
Each of the PELs under consideration is lower than existing limits. The current OSHA ceiling concentration for chromic acid and chromates for general industry is 100 µg/m3, and the PEL for construction work is 100 µg/m3. The California Department of Industrial Relations, Division of Occupational Safety and Health (Cal-OSHA) has administered the following PEL:
50 µg/m3 for water soluble chromium (VI) compounds, 10 µg/m3 for water insoluble chromium (VI) compounds, and a ceiling concentration of 100 µg/m3 for chromium (VI) compounds as Cr.
For more information regarding current and proposed regulations, go to www.osha.gov/SLTC/hexavalentchromium/index.html
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