EPA & GE Agree On Next Phase of Hudson River PCB Cleanup



Image via Wikipedia

Dredging Boat in Bangladesh

On December 17, 2010, the United States Environmental Protection Agency (EPA) presented General Electric (GE) with the requirements for the next phase of the cleanup of the Hudson River.  The second phase of the cleanup should begin in May 2011.  This second phase would require GE to remove far more contaminated sediment from the river before sealing or "capping" any remaining polychlorinated biphenyls (PCBs).  On December 23, 2010, EPA commended GE for agreeing to conduct the second and final phase of the Hudson River cleanup .
In the first phase of the cleanup, nearly 37% of the area was capped due to the continued presence of contamination, despite multiple dredging passes that removed the great majority of the PCBs.  Capping in 15% percent of the area was unavoidable because of physical barriers in the river, leaving 22% percent capped in areas without these barriers.  While fish and other aquatic life are not exposed to the contamination in the capped areas, the EPA has determined that it is necessary in Phase 2 to set a stringent limit on what percentage of the total project area can be capped if dredging does not meet the cleanup goals.  This limit will be set at 11% of the total project area, not counting those areas where capping is unavoidable.  This limit represents a significant improvement from Phase 1 and will require GE to employ considerably more rigorous dredging procedures.

Dredging during the second phase will go deeper into the sediment and, by relying on better information and lessons learned during the first phase, will remove more contaminated sediment in fewer passes.  Phase two will require GE to remove an estimated 95 percent or more of PCBs from the areas designated for dredging.

Related articles

• GE Hudson Cleanup Must Release Fewer Toxins, EPA Says (businessweek.com)
• Green: River Advocates Fret That PCBs Will Linger in Hudson (green.blogs.nytimes.com)
• Rules Tightened for GE's Hudson River Cleanup (online.wsj.com)
• EPA Issues New PCB Hudson River Dredging Rules For GE (newyork.cbslocal.com)
• E.P.A. Sets Tighter Rules for Hudson River Cleanup (nytimes.com)
• Timesunion.com: PCB rules tighten for GE (timesunion.com)
• Time for GE to Cut the Spin, Commit to a Full Cleanup of Its Toxic PCBs from the Hudson River (switchboard.nrdc.org)

Big Businesses Causing More Problems For The Economy.




Like water flows, a business' cash must also flow steady & strong

 The New York Times article "Big-Business Deadbeats" highlights one of the biggest problems with the economy that, as far as I am concerned, is not reported about enough.

The article discusses how Cisco Systems announced..."effective March 31, 2010, Cisco announced to its small business suppliers that as a rule Cisco would wait sixty days after receipt of an invoice — or net 60, in business jargon — before cutting a check. The reason Cisco gave for this new policy was not that it was hard up: the company has nearly $39 billion of cash on its balance sheet, and in the third quarter of 2010 alone it spent $2.7 billion to repurchase its own shares. Rather, the corporation explained that it had been “benchmarking against our technology peers” and found a precedent for “new payment terms.” In other words: Everyone is doing it, so we are too."

As a small business owner myself, the issue of payment terms and how it efffects our cash flow cannot be emphasized enough.  In the consulting business the time it takes to get paid is the hardest part of being in business.  You perform a service and then have to wait 45 to 60 to 120 days to be paid for that service.  During that period of time you had to pay your employees, if you got good terms you may have had to pay your suppliers and the overhead (phones, office space, etc.) is owed every month on the dot.  How do you pay for all of these things without payment from the client?  Which brings me to the second biggest problem with the economy - the lack of small business loans to handle this cash flow crunch.  The big banks got a bail-out but they were not forced to maintain the credit lines to the small business owners that were running their business on these credit lines.  Many of these credit lines were closed and shut down forcing businesses to use non-traditional sources as their credit lines (credit cards with high interest rates, etc.).  I am not an economist, but in running my business if I don't have the flexibility to smoothen out the cash flow problems I face, then I can not hire someone even if I need to hire someone.  If the government wants small businesses to start hiring again, then they need to address the lack of small business loans that are available for small businesses.  They need to force banks to reduce the standards they are setting to get a loan.  In addition, the government wherever possible should reduce the time period it takes to pay their suppliers, consultants, providers, etc.  Reducing this time period would increase the cash flow to small businesses helping these businesses better handle the current economy and possibly allow them to start hiring.

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• Big-Business Deadbeats (economix.blogs.nytimes.com)
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OSHA Website Focuses On Green Job Hazards

Wind Farm in California

The Occupational Safety and Health Adminisitration (OSHA) standards cover many of the hazards in green industries and employers must use the necessary controls to protect workers.  The green industry is being defined broadly as an industry that helps to improve the environment.  The jobs created by this green industry (typically called green jobs) also create opportunities to help revitalize the economy and get people back to work.  Examples of the different green industries include:

• Wind Energy
• Solar Energy
• Geo-thermal
• Biofuels
• Recycling
• Green Roofs
• Hydrogen Fuels
• Weather Insulating/Sealing

Green jobs do not necessarily mean that they are safe jobs. Workers in the green industries may face hazards that are commonly known in workplaces -- such as falls, confined spaces, electrical, fire, and other similar hazards.  These hazards may be new to many workers who are moving into the fast-growing green industries.  Additionally, workers may be exposed to new hazards which may not have been previously identified.  An example of this are workers in the solar energy industry may be exposed to Cadmium Telluride, a known carcinogen, if adequate controls are not implemented.  The Occupational Safety and Health Act (OSH Act) requires employers to comply with safety and health regulations promulgated by OSHA.  In addition, the OSH Act’s General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.  In the absence of an OSHA standard, OSHA can enforce the General Duty Clause. 

One of the key concept for all industries, but especially those that are just beginning to grow, is "Prevention through Design (PtD)" – designing the process/equipment in a way that eliminates hazards to the workers who use them.  The National Institute of Occupational Safety and Health (NIOSH) has a web page discussing this concept, visit it at: http://www.cdc.gov/niosh/topics/PTD/.  The basic premise of this is to address occupational safety and health needs in the design process (having occupational safety and health professionals working with design engineers) to prevent or minimize the work-related hazards and risks associated with the construction, manufacture, use, maintenance, and disposal of facilities, materials, and equipment.  If the design eliminates the hazard before what is being designed is built, then the hazards may never be created.  Visit OSHA's website at http://www.osha.gov/dep/greenjobs/index.html to better understand the job hazards in each of the different green industries.

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• OSHA Reminds Employers Of The Hazards Associated With Ice And Snow Cleanup (futureenv.blogspot.com)
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• California green job growth outstrips tired old brown economy (grist.org)
• NIOSH Science Blog - "Going Green: Safe and Healthy Jobs"
• OSHA Log Form 300A Posting Due February 1, 2011. (futureenv.blogspot.com)

OSHA Log Form 300A Posting Due February 1, 2011.

Section 1904 of the Occupational Safety and Health Administration (OSHA) regulations require certain employers to comply with the OSHA recordkeeping guidelines (this includes most employers, see http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html for a list of partially exempt industries).  This regulation requires OSHA form 301 to be completed for each work related injury/illness.  The information  from the 301 form is logged onto the OSHA 300 form.  At the end of calendar year 2010, the totals from OSHA 300 form is entered onto the OSHA 300A form.  The 300A form is the total number of cases (injuries/illnesses), total number of work days lost (due to injuries/illnesses), and total number of injury/illness types from the calendar year 2010 for each facility/work site/employer.  The OSHA 300A form must be posted from February 1, 2011 thru April 30, 2011.  The 300A form should be posted in a conspicuous place where you normally post employee information. Failure to post can result in citations and penalties.  You are required to maintain the OSHA 300 and 300A forms for 5 years following the year they pertain and make them available to employees upon request.  To get the forms mentioned above and instructions on how to complete then visit OSHA's website at http://www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf.  For more information on recordkeeping requirements visit OSHA's website on recordkeeping at http://www.osha.gov/recordkeeping/index.html.  If you need assistance or training on completing these forms you can also contact us at angelo3@futureenv.com. 

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OSHA Reminds Employers Of The Hazards Associated With Ice And Snow Cleanup

Image via WikipediaThe Occupational Safety and Health Administration (OSHA) in Region 4 (Georgia) is warning employers of the hazards associated with ice and snow removal.  However, with the Northeast being hit by more snow just this week it is important to remember these hazards ourselves.

Common hazards can include:

• Electric shock from contact with downed power lines or the use of ungrounded electrical equipment.
• Falls from clearing ice jams in gutters, snow removal on roofs or while working in aerial lifts or on ladders.
• Being struck or crushed by trees, branches or structures that collapse under the weight of accumulated ice.
• Carbon monoxide poisoning from gasoline-powered generators in inadequately ventilated areas or idling vehicles.
• Lacerations or amputations from unguarded or improperly operated chain saws and power tools, and improperly attempting to clear jams in snow blowers.
• Slips or falls on icy or snow-covered walking surfaces.
• Being struck by motor vehicles while working in roadways.
• Hypothermia or frostbite from exposure to cold temperatures.

Means of addressing these hazards can include:

• Assuming all power lines are energized, keeping a distance and coordinating with utility companies.
• Making certain that all electrically powered equipment is grounded.
• Providing and ensuring the use of effective fall protection.
• Properly using and maintaining ladders.
• Using caution around surfaces weighed down by large amounts of ice.
• Making certain all powered equipment is properly guarded and disconnected from power sources before cleaning or performing maintenance.
• Using and wearing eye, face and body protection.
• Clearing walking surfaces of snow and ice, and using salt or its equivalent where appropriate.
• Establishing and clearly marking work zones.
• Wearing reflective clothing.
• Using engineering controls, personal protective equipment and safe work practices to reduce the length and severity of exposure to the cold.

Information on hazards and safeguards associated with cleanup and recovery activities after a storm or other major weather events is available online in English and Spanish at http://www.osha.gov/OshDoc/hurricaneRecovery.html.

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EPA Removes Saccharin As A Hazardous Waste

Saccharin 2-D Formula

In December, 2010 the Environmental Protection Agency (EPA) amended its regulations regarding saccharin as a hazardous waste.  Saccharin, an artificial sweetener in the form of a white crystalline powder, is 300 times sweeter than sucrose or sugar.  It is typically an ingredient in diet soft drinks, juices, sweets, and chewing gum.  Saccharin can also be found in cosmetics and pharmaceuticals.

EPA amended its regulations under the Resource Conservation and Recovery Act (RCRA) to remove saccharin and its salts from the lists of hazardous constituents and commercial chemical products which are hazardous wastes when discarded or intended to be discarded.  In addition, EPA amended the regulations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to remove saccharin and its salts from the list of hazardous substances.  EPA responded to a petition submitted by the Calorie Control Council (CCC) to remove saccharin and its salts from RCRA and CERCLA, EPA will no longer list these substances as hazardous on the above mentioned lists.  EPA granted CCC’s petition based on a review of the evaluations conducted by key public health agencies concerning the carcinogenic and other potential toxicological effects of saccharin and its salts.  In addition, EPA assessed the waste generation and management information for saccharin and its salts, concluding that the wastes do not meet the criteria for hazardous waste regulations.

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OSHA Acts To Protect Residential Roofing Workers

Fall Protection established for this roof project.

On December 22, 2010, the Occupational Safety and Health Administration (OSHA) announced a new directive withdrawing a former one that allowed residential builders to bypass fall protection requirements.  The directive being replaced, issued in 1995, initially was intended as a temporary policy and was the result of concerns about the feasibility of fall protection in residential building construction.  However, there continues to be a high number of fall-related deaths in construction, and industry experts now feel that feasibility is no longer an issue or concern.
"Fatalities from falls are the number one cause of workplace deaths in construction.  We cannot tolerate workers getting killed in residential construction when effective means are readily available to prevent those deaths," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.  "Almost every week, we see a worker killed from falling off a residential roof.  We can stop these fatalities, and we must."
The National Association of Home Builders recommended rescinding the 1995 directive, as did OSHA's labor-management Advisory Committee for Construction Safety and Health; the AFL-CIO; and the Occupational Safety and Health State Plan Association, which represents the 27 states and territories that run their own occupational safety and health programs.
According to data from the department's Bureau of Labor Statistics, an average of 40 workers are killed each year as a result of falls from residential roofs.  One-third of those deaths represent Latino workers, who often lack sufficient access to safety information and protections.  Latino workers comprise more than one-third of all construction employees.
OSHA's action rescinds the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard 03-00-001.  Prior to the issuance of this new directive, Standard 03-00-001 allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection rather than the conventional fall protection required by the residential construction fall protection standard. With the issuance of today's new directive, all residential construction employers must comply with 29 Code of Federal Regulations 1926.501(b)(13).  Where residential builders find that traditional fall protection is not feasible in residential environments, 29 CFR 1926.501(b)(13) still allows for alternative means of providing protection.
Construction and roofing companies will have up to six months to comply with the new directive.  OSHA has developed training and compliance assistance materials for small employers and will host a webinar for parties interested in learning more about complying with the standard. To view the directive and for more information, visit http://www.osha.gov/doc/residential_fall_protection.html.

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