ASSE Government

Affairs Update

September 28, 2007

  ASSE Weighs in on Key Mining Bills

  ASSE has commented on the two key mine safety bills now under consideration in the US House of Representatives.  Mark up of the bill by the House Committee on Labor and Education is expected in early October.  The bills seek to build on safety provisions of the MINER Act passed by Congress last year.  The comments were developed by the Government Affairs Committee based on the insight of leaders in ASSE's Mine Practice Specialty.  While ASSE takes positions on a variety of specific issues aimed to improve mine safety, rescue and emergency response, it also suggests that, based on the risks that have come to light in recent mine tragedies, the time has come for an overall safety analysis of the mine industry to identify the most dangers risks so the focus of mine owners, the resources of MSHA and NIOSH and Congressional efforts can be targeted to the most dangerous risks first.

ASSE’s statement as well as a side-by-side of the bills with ASSE’s comments on specific provisions can be accessed on the front page of the ASSE website at http://www.asse.org/.

Also of interest is the appropriate investigation of the most recent highly visible mine disaster at Crandall Canyon in Utah .  Jonathan Snare, DoL’s Solicitor General, and Senator Michael Enzi (R-WY) – joined by Senator Ted Kennedy (D-MA) – weighed in on the view that MSHA should be allowed to conduct its investigation.  The Enzi news release stating that can be found at http://help.senate.gov/Min_press/2007_09_18_a.pdf

ASSE Support Bresland to Chair CSB

AMERICAN SOCIETY

OF SAFETY ENGINEERS



 



1800 East Oakton Street



Des Plaines , Illinois     60018-2187
847.699.2929
FAX 847.296.3769
www.asse.org


September 28, 2007

The Honorable Barbara Boxer
Chairman
Committee on Environment and Public Works
United States
Senate
SD-456 Dirksen Senate Office Building
Washington , DC     20510-2602  

RE:  Support for Nomination of John Bresland to Chair CSB Board

  Dear Chairman Boxer:

The American Society of Safety Engineers (ASSE) is a global professional membership society of safety, health and environmental (SH&E) professionals dedicated to helping make sure workplaces are safe and healthy.  Our 32,000 members include safety professionals, industrial hygienists, hazard material managers, engineers, educators, ergonomists, occupational health nurses and others who work for and with employers to prevent workplace injuries, illnesses and deaths.  

On behalf of our members, we want to express ASSE’s support for the President’s nomination of John Bresland to the position of Chairman of the Board for the U.S. Chemical Safety and Hazard Investigation Board (CSB), which the Committee on Environment and Public Works will consider.  

CSB plays an integral role in helping ensure that industry, the safety and health community, and our members can learn about the causes of workplace accidents involving chemicals to help ensure that the accidents are not repeated.  Our members use the CSB’s recommendations developed from its investigations as well as the quality written and video technical reports.  These resources help our members fulfill their responsibility in assisting their employers protecting workers and workplaces from chemical hazards.  

It is imperative that CSB is lead by a qualified safety and health professional who has the appropriate education, training and experience in managing the complexities of chemical safety issues.   In our members’ opinion, John Bresland is well qualified to lead CSB.  Over the last five years as a member of CSB’s Board, he has played a key role in advancing CSB’s capabilities.  He has also personally reached out to the safety and health professional community to see that the work of CSB reaches the audiences for which it is intended.  With his advanced training in chemistry and his professional experience managing safety, health and environmental issues in private industry, ASSE believes John Bresland is in an excellent position to carry on the work of expanding the effectiveness of CSB that the outgoing Chairman, Carolyn Merritt, so capably led.  

We respectfully urge the Committee to approve John Bresland’s appointment so he can begin to provide that leadership as soon as possible.  If ASSE’s members can be of any help to the Committee in its deliberations, we encourage you to contact Dave Heidorn, JD, Manager of Government Affairs and Policy at 847/768-3406 or dheidorn@asse.org.

  Thank you for your time and attention to our views.  

  Sincerely,

  Michael W. Thompson, CSP
  President

  cc:  Representative James M. Inhofe
        Ranking Minority Member

ASSE Urges OSHA Involvement in Z15 Committee

 

AMERICAN SOCIETY

OF SAFETY ENGINEERS

1800 East Oakton Street
Des Plaines , Illinois     60018-2187
847.699.2929
FAX 847.296.3769
www.asse.org

 

September 21, 2007

The Honorable Edwin G. Foulke, Jr.
Assistant Secretary of Labor
Occupational Safety and Health Administration
U.S. Department of Labor
200 Constitution Avenue, NW
Washington , DC 20210

  RE:   Urging OSHA Membership on Z15 ASC on Safe Practices for Motor Vehicle Fleet Operations

  Dear Assistant Secretary Foulke:

  As you know, the American Society of Safety Engineers (ASSE) greatly values the participation of Occupational Safety and Health Administration (OSHA) staff in the safety and health professional community.  Increased opportunities for OSHA staff to share their expertise and experience in professional safety activities is one of the leading successes of our Alliance .

  Participation in safety standards development activities is also an area we believe OSHA staff can be particularly valuable.  Specifically, ASSE is the Secretariat for the standard "Safe Practices for Motor Vehicle Operations" (ANSI/ASSE Z15.1-2006) addressing management of motor vehicle fleet operations hazards and exposures.  Currently, the Z15 Accredited Standards Committee (ASC) is investigating several new areas for future standards development and believes its goal would best be served if OSHA would join the Committee.  ASSE agrees with the Committee and urges you to help make sure that an OSHA staff member can represent the agency’s interests on the Committee.

  To be clear, there is an ANSI-required process that needs to be met before OSHA can become a member.  All organizations must apply.  Before the Z15 ASC votes on an application, the interested organization is required to attend two meetings.  The applying organization attends the first meeting as an observer, and the committee votes on the application during the second meeting. An organization approved for committee membership is added to the roster and receives ballots, draft standards and other information.  If OSHA can participate on the Z15 ASC, the appropriate staff member should e-mail a notice of interest to Tim Fisher, Secretariat staff, at tfisher@asse.org.  An application and instructions will be sent on reply.

  A copy of the Z15 standard is enclosed.  More information on Z15 can be found at http://www.asse.org/cartpage.php?link=z15.1-2006.

ASSE sincerely believes that OSHA’s participation in the voluntary consensus process is vitally important to the advancement of safety.  We urge you to consider this opportunity for OSHA to join the Z15 ASC.  

  Sincerely,

Michael W. Thompson, CSP
President

  cc:  Paula White

ASSE Provides Comments on OSHA Motor Vehicle Safety Topics Page

 On September 25, ASSE submitted the following comments for OSHA’s annual review of its Safety and Health Topics page for Motor Vehicle Safety, which can be found at http://www.osha.gov/SLTC/motorvehiclesafety/index.html.  The comments were developed through the Council on Professional Standards.  

  Current Page

 According to the Bureau of Labor Statistics (BLS), more than 2,000 deaths a year result from occupational motor vehicle incidents. That number is more than 30 percent of the annual number of fatalities from occupational injuries. These deaths include driver and passenger deaths in highway crashes, farm equipment accidents, and industrial vehicle incidents, as well as pedestrian fatalities.

The following questions link to information relevant to motor vehicle safety.

What standards apply?
OSHA | Other Federal

ASSE has not received any comments from its members addressing this issue

What information is available for the construction industry?
OSHA Standards | Hazards and Solutions | Additional Information

Under “other resources,” ASSE suggest that there be a link to the ANSI/ASSE A10 Standards for Construction and Demolition Operations.  A10.34 addresses public exposures and motor vehicles are part of this even though OSHA does not address public hazards and exposures.  Almost all of the A10 Standards address motor vehicle safety to some extent on construction and demolition sites, but the standards that more directly impact transportation are

ANSI/ASSE A10.6-1990 (R1998)

Safety Requirements for Demolition Operations - American National Standard for Construction and Demolition Operations

ANSI/ASSE A10.7-1998 (R2005)

Safety Requirements for Transportation, Storage, Handling, and Use of Commercial Explosives and Blasting Agents

ANSI/ASSE A10.9-1997 (R2004)

Safety Requirements for Concrete and Masonry Work - American National Standard for Construction and Demolition Operations

ANSI/ASSE A10.12-1998 (R2005)

Safety Requirements for Excavation - American National Standard for Construction and Demolition Operations

ANSI/ASSE A10.17-2006

Safe Operating Practices for Hot Mix Asphalt (HMA) Construction

ANSI/ASSE A10.24-2006

Roofing Safety Requirements for Low-Sloped Roofs

ANSI/ASSE A10.27-1998 (R2005)

Safety Requirements for Hot Mix Asphalt Facilities - American National Standard for Construction and Demolition Operations

ANSI/ASSE A10.33-1998 (R2004)

Safety and Health Program Requirements for Multi-Employer Projects - American National Standard for Construction and Demolition Operations

ANSI/ASSE A10.34-2001 (R2005)

Protection of the Public on or Adjacent to Construction Sites - American National Standard for Construction and Demolition Operations

ANSI/ASSE A10.38-2000

Basic Elements of an Employer's Program to Provide a Safe and Healthful Work Environment - American National Standard for Construction and Demolition Operations

The various ANSI standards for which ASSE serves as Secretariat can be found at http://www.asse.org/publications/standards/secretariats.php#

Where do motor vehicle hazards occur and what are possible solutions?
Hazard Recognition | Possible Solutions

ASSE suggest that a link to the ANSI/ASSE Z15 Standard for Motor Vehicle Operations should be added here.  The standard sets forth safety requirements for the operation of motor vehicles, including, but not limited to, nomenclature, definition, data gathering, statistical analysis, inspection, maintenance, training, and other related equipment and functions of motor vehicle operations.  The standard should be included under both the Hazard Recognition and the Possible Solutions sections.  The appropriate link is   

http://www.asse.org/cartpage.php?link=z15.1-2006, which should be included under the following two questions, also.

What can be done in the workplace to promote vehicle safety?
Policies | Fleet Management | Safety Programs | Driver Performance | More

As above, ASSE suggests a link to the ANSI/ASSE Z15 Standard for Motor Vehicle Operations should be added here.  The appropriate link is   

http://www.asse.org/cartpage.php?link=z15.1-2006, which should be included under the following two questions, also.

What additional information is available?
Related Safety and Health Topics Pages | Case Studies | Other Resources

Again as above, ASSE suggests a link to the ANSI/ASSE Z15 Standard for Motor Vehicle Operations should be added here.  The appropriate link is   

http://www.asse.org/cartpage.php?link=z15.1-2006, which should be included under the following two questions, also.  

We also suggest the following links below be listed under “Other Resources” as important transportation safety resources –

From the Federal Motor Carrier Safety Administration, its Share the Road Safely web site.  The Share the Road Safely program works to improve the knowledge of all highway users to minimize the likelihood of a crash with a large truck, and reduce the consequences of those that do occur.  http://www.sharetheroadsafely.org/

We also suggest listing the web site of ASSE Transportation Practice Specialty, which provides a variety of resources and links those interested in transportation safety to leading transportation safety experts.  http://www.asse.org/practicespecialties/transportation/

US House Passes Diacetyl Legislation

This week, the US House of Representatives passed legislation calling on OSHA to develop a standard on diacetyl exposure.  ASSE’s statement in support of this legislation can be found at http://www.asse.org/professionalaffairs/docs/061907Woolseydiacetyl.doc.

News - U.S. House of Representatives

EDUCATION & LABOR COMMITTEE DEMOCRATS

Congressman George Miller, Chairman  

Wednesday, September 26, 2007

  Legislation to Protect Food Flavoring Workers from Severe Lung Disease Passes House

  WASHINGTON , D.C. By a vote of 260 to 154, the U.S. House of Representatives today approved legislation intended to prevent workers in food processing plants from getting a debilitating, irreversible lung disease that has already sickened and killed a number of workers nationwide.

  The legislation would force the U.S. Occupational Safety and Health Administration to issue rules limiting workers’ exposure to diacetyl, a chemical used in artificial food flavoring for microwave popcorn and other foods. Scientists have linked diacetyl exposure to bronchiolitis obliterans, a severe lung disease often known as “popcorn lung.” Despite mounting evidence over several years of the dangers of popcorn lung, OSHA has failed to take action to limit diacetyl exposure, prompting the need for the legislation approved by the House today.

  “Seven years after the first cases of popcorn lung were identified, it is stunning that OSHA has failed to protect American workers from this horrible disease,” said Rep. George Miller (D-CA), chairman of the committee. “The cost of the Bush administration’s failure to act can be measured in the number of workers who have avoidably grown ill or died. This legislation is critical to stop the delays in protecting workers from this serious workplace hazard.”

  “It’s a travesty that OSHA has done nothing to regulate this chemical, while workers have fallen seriously ill and some have actually died,” said Rep. Lynn Woolsey (D-CA), chairwoman of the Subcommittee on Workforce Protections and chief sponsor of the legislation. “That’s why it’s time for Congress to act to keep workers healthy and safe. Passing this important legislation is a step in the right direction.”

  Thousands of workers are still being exposed to diacetyl at factories that make or use food flavorings.

  The legislation, the Popcorn Workers Lung Disease Prevention Act (H.R. 2693), would:

  Mandate that OSHA issue a standard within 90 days to minimize workers’ exposure to diacetyl in popcorn and flavorings manufacturing plants. Employers would be required to develop a written exposure control plan that would use engineering controls and respirators to protect workers, and to conduct medical monitoring to determine whether workers’ health continued to be harmed.

Mandate that OSHA issue a more comprehensive standard within two years, covering all workplaces where workers may be exposed to diacetyl.

House Democrats urged the Labor Department to address this serious health hazard in August 2006. For more information and for a copy of the August 2006 letter from House Democrats to the Department of Labor, click here.

  The Education and Labor Committee held a hearing on OSHA’s failure to issue standards, including one for diacetyl, in April 2007. For more information, click here.

September 26, 2007

OSHA Holding October 17 Stakeholder Meeting on Diacetyl

OSHA has invited interested parties to participate in or observe an informal stakeholder meeting on occupational exposure to diacetyl and food flavorings containing diacetyl. The meeting is October 17, 2007, from 8:30 a.m.-4:30 p.m., at the Crown Plaza Hotel Washington National Airport 1480 Crystal Drive, Arlington Virginia 22202 OSHA states that iIf more than 50 stakeholders register for the stakeholder meeting on October 17, 2007, a second meeting will be scheduled for October 18, 2007, from 8:30 a.m. to 4:30 p.m.  A notice of intention to attend must be submitted by October 10, 2007.   http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-19087.htm

OSHA Announces Three Actions on Diacetyl

OSHA news release --


Sept. 24, 2007




OSHA announces three actions to protect workers exposed to butter flavorings

WASHINGTON -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced today that it is taking the following three actions that will address concerns regarding diacetyl exposure in the workplace:

1.      Initiating a rulemaking under section 6(b) of the Occupational Safety and Health Act.

2.      Issuing a Safety and Health Information Bulletin (SHIB).

3.      Providing Hazard Communication Guidance.

These actions build upon the National Emphasis Program that OSHA announced in April 2007 
to focus on the health hazards of microwave popcorn butter flavoring containing diacetyl. 


"OSHA's goal is to protect workers from exposure to chemical hazards associated with microwave 
popcorn manufacturing," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr. "Our open, 
transparent regulatory process will seek information and guidance from all 
stakeholders to gather the best information on the health effects of exposure to diacetyl. That 
information will allow us to institute effective protections for workers." 

The SHIB provides information on health effects for workers exposed to butter flavorings in microwave 
popcorn processing plants; information on exposure controls that may be used to reduce exposures to 
butter flavorings; and information on applicable OSHA standards.

The Hazard Communication Guidance alerts employers, workers, manufacturers and importers about 
new information related to the health hazards associated with diacetyl and food flavorings containing 
diacetyl; and provides guidance on how to develop material safety 
data sheets and hazard warning labels to be in compliance with OSHA's Hazard Communication Standard.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and 
healthful workplaces for their workers. OSHA's role is to assure the safety and health of 




America


's working men and women by setting and enforcing standards; providing training, outreach and 
education; establishing partnerships; and encouraging continual process improvement in workplace safety 
and health. For more information, visit www.osha.gov.





OSHA Issues Directive on Slide-Locks

OSHA has issued a compliance directive setting enforcement policies and inspection procedures for slide-locks to control hazardous 
energy on mechanical power presses and general machinery.  The directive is available at
 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=3689

GAO Looks at Euro/US Chem Regulation


These Government Accounting Office reports are usually at the end of GA Updates.  This one may be of particular interest to ASSE members.  
The GAO provides a wealth of information on a variety of issues.  

 

Chemical Regulation: Comparison of U.S. and Recently Enacted European Union Approaches to Protect against the Risks of Toxic Chemicals. GAO-07-825, August 17

http://www.gao.gov/cgi-bin/getrpt?GAO-07-825

Highlights - http://www.gao.gov/highlights/d07825high.pdf



 

September 19, 2007 



FACOSH Meeting October 11

OSHA has announced that the Federal Advisory Council on Occupational Safety and Health 



(FACOSH) will meet October 11, 2007, in Washington , DC , at the Department of Labor, from 1 to 4:30 p.m.  The tentative agenda includes updates on the FY 2007 performance results of executive branch  agencies in meeting the four goals of the Presidential Safety, Health, and Return-to-Employment (SHARE) Initiative;  FY 2006 Secretary of Labor's Report to the President on the overall status of occupational safety and health in the executive branch; Federal Agency Recordkeeping Subcommittee; federal agency training week being hosted by the OSHA Training Institute on November 6-8, 2007 and results of OSHA's survey of federal agencies' training resources; and Field Federal Safety and Health Councils.  http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-18406.htm

DHS Holding Exercises in DC, Phoenix and Portland , OR

From DHS –



U.S. Department of Homeland Security Conducts Largest Counterterrorism Exercise To Date

Release Date: September 24, 2007

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

The U.S. Department of Homeland Security will conduct the largest and most comprehensive counterterrorism exercise to date from Oct. 15-19 in Arizona and Oregon , and the U.S. territory of Guam . Top Officials 4 (TOPOFF 4) is the fourth in a series of congressionally-mandated exercises and involves various federal agencies as well as the governments of Australia , Canada and the United Kingdom .

“The National Intelligence Estimate and recent activity overseas reinforce that we are in a period of increased risk,” said Homeland Security Secretary Michael Chertoff. “Exercises like TOPOFF help test response capabilities at all levels, strengthen national preparedness and deepen international coordination. By responding realistically to these simulated attacks, we’re able to identify our strengths and weaknesses, build better partnerships, and gain valuable knowledge for securing the nation against terrorist attacks and other natural disasters.”

TOPOFF 4 will involve more than 15,000 participants from all levels of government, international partners and the private sector in a full-scale, simulated response to radiological dispersal device attacks.

“TOPOFF stresses our preparedness and response systems with situations that no single agency or jurisdiction could handle on its own,” said David Paulison, Administrator of DHS’ Federal Emergency Management Agency. “The right response actually takes thousands of individuals working together. This exercise is about strengthening working relationships within our partners in federal, state and local agencies, emergency management communities and private industry groups. It’s about increasing preparedness by sharing information and processes.”

To reach the overarching goal and objectives to enhance interagency coordination, planning and preparedness, TOPOFF 4 will focus on five key areas:

·         Prevention: To test the handling and flow of operational and time-critical intelligence between agencies to prevent a terrorist attack.

·         Intelligence/investigation: To test the handling and flow of operational and time-critical intelligence between agencies prior to, and in response to, a linked terrorist incident.

·         Incident management: To test the full range of existing procedures for domestic incident management of a terrorist weapon of mass destruction event and to improve the top officials’ capabilities to respond consistent with the National Response Plan and the National Incident Management System.

·         Public Information: To practice the strategic coordination of media relations and public information in the context of a terrorist weapon of mass destruction event or incident of national significance.

·         Evaluation: To identify lessons learned and promote best practices.

TOPOFF 4 builds on experiences from previous exercises as well real world emergencies, and will also prioritize increased coordination with U.S. Department of Defense and the private sector, an expanded emphasis on prevention, a deeper focus on mass decontamination, long-term recovery and remediation issues, and strengthened partnerships and communications with international allies.

In addition to TOPOFF 4 objectives, each supporting and partnering agency, state, territory and local entity has developed a set of specific objectives to further assist them in preparing for emergency situations.

For more information on TOPOFF 4, visit the Department of Homeland Security Web site at www.dhs.gov/topoff4.

OSHA Issues Guidance on Slings for Handling Materials

OSHA news release –

  Sept. 27, 2007

WASHINGTON -- New guidance from the Occupational Safety and Health Administration (OSHA) will help employers select and use the appropriate slings when handling and moving materials. The document, Guidance on Safe Sling Use, was released today by the agency.

"OSHA's current general industry standard is more than 30 years old," said Assistant Secretary of Labor for OSHA, Edwin G. Foulke, Jr. "This guidance document will aid users in the safe selection and use of slings, including synthetic round slings, which are not covered in OSHA's standard, as well as the newer grades of materials being used in alloy steel chain and wire rope slings."

OSHA adopted its general industry sling standard on June 27, 1975, based on ANSI B30.9-1971 Slings standard. OSHA has since made only minor corrections. OSHA issued its construction industry sling standard on February 9, 1979, and its sling standard for shipyards on April 20, 1982.

Improper selection or use of slings can result in sling failure or load slippage, which in turn can lead to injuries or death. OSHA accident data for the years 1994 through 1996 show that there were four fatalities in general industry involving the misuse or failure of slings.

OSHA intends to format the final product for use on the Web. With the document in web format, a user can quickly get information on the type of sling he or she is using without having to look through material that is not relevant to the workplace.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.

September 18, 2007 



OSHA Asks Comments on Handling Fed Employee Discrimination Complaints

OSHA has asked for comments on its proposal to extend OMB approval of the information collection (paperwork) requirements for 
handling discrimination complaints under federal employee protection statutes.  These regulations set forth procedures employees 
must use to file a complaint with OSHA alleging that their employer violated a federal statute that prohibits retaliation against employees 
who engage in activities protected by the various employee protection statutes.  Comments are due November 19, 2007.



http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-18314.htm




September 28, 2007 



Transport of Compressed Oxygen/Other Gases/Chemical Oxygen Generators on  Aircraft


In Junuary 2007, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule that amended requirements 
in the Hazardous Materials Regulations applicable to the air transportation of compressed oxygen cylinders and oxygen generators. 
In response to appeals to the final rule, this final rule amends those requirements and delays the effective date of the requirements from 
October 1, 2007 to October 1, 2008



http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-19207.htm


September 20, 2007 



PHMSA on Fuel Cell Cartridges/Systems on Aircraft in Carry-on Baggage

PHMSA is proposing to amend the Hazardous Materials Regulations (HMR) to permit certain fuel cell cartridges and fuel cell systems 
designed for portable electronic devices to be transported by passengers and crew in carry-on baggage on board passenger-carrying 
aircraft. The proposed rule would cover fuel cells containing certain hazmat (flammable liquids, including methanol; formic acid; certain 
borohydride materials; or butane) and meeting certain performance and consumer use standards, which PHMSA proposes to incorporate 
by reference into the HMR.  PHMSA states that it has evaluated the possible transportation safety risks determined they may safely be 
transported in the cabin of a passenger-carrying aircraft.  Comments are due November 19, 2007.



http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-18532.htm




September 27, 2007 



EPA Seeks Comment on Waste Combustor NESHAP Legal Analysis

In October 2005, EPA issued national emission standards for hazardous air pollutants (NESHAP) emitted by hazardous waste combusters.  
EPA then granted reconsideration petitions on certain issues but has not yet issued a final determination on reconsideration. Following the
close of the comment period on the proposed reconsideration rule, the



United States Court of Appeals for the District of Columbia Circuit issued several opinions construing section 112 (d) of the Clean Air Act.  
One of those opinions has called into question the legality of some of the standards for hazardous waste combusters.  This notice discusses 
the standards that EPA promulgated in October 2005 and identifies which standards EPA believes are consistent with the Act and case law 
those that are not and need to be reexamined through rulemaking.  EPA wants comments on this analysis.  Comments are due October 18, 2007.



http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-19097.htm


September 18, 2007 



EPA Direct Final Rule on Nonroad Diesel Corrections

In this rulemaking, EPA has made technical corrections to the rules establishing emission standards for nonroad diesel engines.  It is 
also amending the rules to provide nonroad diesel equipment manufacturers with a production technical relief provision for Tier 3 
equipment similar to the technical relief provision already available for Tier 4 equipment. The direct final rule is effective on 
November 19, 2007, unless EPA receives adverse comments by October 18 or request for public hearing by October 3, 2007.  
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-18161.htm



EPA Says Skies Improve in Eastern US

EPA news release –

Thursday, Sept. 27, 2007

EPA Report: Smog Thinner, Skies Healthier over Eastern U.S.

( Washington , D.C. - Sept. 27, 2007) Smog-forming emissions of nitrogen oxides (NOx) from power plants and industry have declined significantly in 19 eastern states and the District of Columbia . The NOx Budget Trading Program (NBP) annual report, released today, indicates that summertime NOx emissions were seven percent lower than in 2005, 60 percent lower than in 2000 and 74 percent lower than in 1990.

"The proof is in the numbers. By cutting smog-forming emissions, 55 million Americans in the eastern United States are breathing easier thanks to President Bush's clean air policies," said EPA Administrator Stephen L. Johnson. "NOx reductions are not just good news for the health of our environment and the health of our residents, they are good news for the health of our economy."

The reduction of NOx – a precursor to ground-level ozone, or "smog" – has helped reduce ground-level ozone concentrations an average of 5-8 percent in the eastern United States in the last three years. Four out of five eastern ozone non-attainment areas now meet the current standard.

The EPA report tracks summertime emission reductions from 1990 to 2006 and assesses the impact of these reductions on ozone air quality in the eastern region. The largest NOx reductions occurred in the mid-central area of the eastern United States including Illinois , Indiana , Kentucky , Ohio , and West Virginia .

The NOx Budget Trading Program is flexible and lets electric generating units choose the best options to reduce NOx emissions during ozone season for their facilities. Options include adding NOx emission-control technologies, replacing existing controls with more advanced technologies or optimizing existing controls. This flexibility, and an active NOx allowance market, has helped lead to an over 99 percent compliance rate with the program's requirements.

The 2006 NOx Budget report is online at: http://www.epa.gov/airmarkets/progress/nbp06.html

Boeing Whistleblower Claims New 787 Unsafe

The Seattle Times reports that a fired Boeing employee has claimed that the  company’s new 787 is unsafe.  The man’s whistleblower claim was dismissed by OSHA, according to the paper, “on the grounds that Boeing's 787 design does not violate any FAA regulations or standards."  The article can be found at  http://seattletimes.nwsource.com/html/boeingaerospace/2003889663_boeing180.html

GAO Stuff

Combating Nuclear Smuggling: Additional Actions Needed to Ensure Adequate Testing of Next Generation Radiation Detection Equipment. GAO-07-1247T, September 18 http://www.gao.gov/cgi-bin/getrpt?GAO-07-1247T

Highlights - http://www.gao.gov/highlights/d071247thigh.pdf

Department of Homeland Security: Progress Report on Implementation of Mission and Management Functions. GAO-07-1240T, September 18 http://www.gao.gov/cgi-bin/getrpt?GAO-07-1240T

Highlights - http://www.gao.gov/highlights/d071240thigh.pdf

Highlights of a GAO Forum:  Transforming Transportation Policy for the 21st Century.  GAO-07-1210SP, September 19.

http://www.gao.gov/cgi-bin/getrpt?GAO-07-1210SP

Highlights - http://www.gao.gov/highlights/d071210sphigh.pdf

September 11:  Problems Remain in Planning for and Providing Health Screening and Monitoring Services for Responders, by Cynthia A. Bascetta, director, health care, before the House Committee on Homeland Security.  GAO-07-1253T, September 20.

http://www.gao.gov/cgi-bin/getrpt?GAO-07-1253T

Highlights - http://www.gao.gov/highlights/d071253thigh.pdf

Natural Hazard Mitigation:  Various Mitigation Efforts Exist, but Federal Efforts Do Not Provide a Comprehensive Strategic Framework.  GAO-07-403, August 22.

http://www.gao.gov/cgi-bin/getrpt?GAO-07-403

Highlights - http://www.gao.gov/highlights/d07403high.pdf

Influenza Pandemic:  Federal Executive Boards' Ability to Contribute to Pandemic Preparedness, by Bernice Steinhardt, director, strategic issues, before the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, Senate Committee on Homeland Security and Governmental Affairs.  GAO-07-1259T, September 28.

http://www.gao.gov/cgi-bin/getrpt?GAO-07-1259T

Highlights - http://www.gao.gov/highlights/d071259thigh.pdf

The Nation's Long-Term Fiscal Outlook: August 2007 Update.  GAO-07-1261R, September 28.

http://www.gao.gov/cgi-bin/getrpt?GAO-07-1261R