Pesticide MSDS Guidance Issued By OPP

The US EPA Office of Pesticide Programs (OPP) has released a Pesticide Registration Notice (PR Notice) in the April 20 Federal Register entitled “Pesticide Registration Notice 2012-1: Material Safety Data Sheets as Pesticide Labeling.” The Notice provides guidance to pesticide registrants concerning the relationship between EPA-approved labels for pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Material Safety Data Sheet (MSDS, also known as the Safety Data Sheet or SDS), required by OSHA. It explains how registrants can ensure their FIFRA labeling and SDSs comply with both EPA and OSHA requirements. The New PR Notice is intended to update previous PR Notice 92-4, in which EPA determined that a MSDS that accompanies a pesticide product is considered part of the pesticide’s labeling, but may accompany a pesticide product without notification or approval from the Agency, provided the labeling is consistent with the requirements of 40 CFR Part 156.

OSHA requires SDSs under its Hazard Communication Standard (HCS) at 29 CFR 1910.1200, and is moving to align HCS requirements with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA published its final rule for HCS on March 26, 2012, and will begin to accept SDSs that are prepared according to the final rule’s requirements on May 25, 2012.

EPA has not yet moved to amend its labeling regulations to be consistent with the GHS, which leads to differences between EPA’s current requirements and OSHA’s new requirements related to classification criteria, hazard statements, pictograms, and signal words. EPA and OSHA worked together to develop PR Notice 2012-1 to address concerns about those differences. EPA says the PR-Notice is intended to aid registrants in assuring that SDSs for their products are not considered inconsistent with the EPA-approved product labeling for pesticides registered under FIFRA by providing guidance on how a registrant may reconcile an SDS with its associated FIFRA labeling.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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South Dakota Pesticide Application Certification On Indian Lands

EPA has proposed a program to certify applicators of restricted use pesticides (RUPs) in Indian Country located within EPA Region 8 (including South Dakota). FIFRA requires that EPA approve the certification of all RUP applicators, including those who work in Indian Country. Although most states are delegated to implement their own certification programs, currently most of Indian Country is not covered by a certification mechanism. To fill this gap, EPA has issued a "Proposed Federal Plan for Certification of Applicators of Restricted Use Pesticides within Region 8 Indian Country".

Under the proposed plan, RUP applicators will need to apply for a federal certificate on the date that the plan becomes final. The Plan will allow private applicators to become certified by applying directly to EPA by showing proof of training and completing a questionnaire, or by providing a copy of a valid state, tribal or federal certification from an area that is contiguous with the reservation boundary. Commercial applicators can provide a copy of a valid state, tribal, or federal certification from an area that is contiguous with the reservation boundary.

EPA is accepting comments on the proposed restricted use pesticide certification program through June 6, 2011.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Proposed TSCA Amendment - Safe Chemicals Act

The Safe Chemicals Act has been introduced which would amend the existing Toxic Substances Control Act (TSCA). Some of the key provisions of the proposed law include:

• Requires manufacturers to develop and submit a minimum data set for each chemical they produce, and provides EPA with authority to require any data beyond the minimum data set needed to determine safety of a chemical.
• Requires EPA to categorize and prioritize chemicals, based on their hazard and exposure characteristics. EPA would identify and prioritize chemicals by their likely risk, based on anticipated use, production volume, toxicity, persistence, bioaccumulation, and other properties that indicate risk.
• Requires expedited action to reduce the use of or exposures to chemicals of highest concern.
• Requiring all chemicals to be shown to be safe in order to remain in or enter commerce, with the burden of proof safety resting on chemical manufacturers and users.
• Establishes a public database that will house both chemical information submitted to EPA and decisions made by EPA about chemicals, and narrows the conditions under which data submitted by industry can be claimed to be confidential business information (CBI).
• Requires EPA to establish a program to develop market and other incentives for safer alternatives, and a research grant program targeted at priority hazardous chemicals for which alternatives do not presently exist.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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Interim Guidance On RMP Inspections

The Environmental Protection Agency (EPA) has released interim guidance on the agency’s chemical safety inspections process. Under the interim guidance, EPA inspectors will offer employees and employee representatives the opportunity to participate in chemical safety inspections. In addition, EPA will request that state and local agencies adopt similar procedures under the Risk Management Program.

EPA expects to issue final guidance on participation of employees and employee representative in RMP inspections later this year.

Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Spent Batteries Shipped for Recycling - New Rules

The U.S. Department of Transportation (US DOT) has adopted new hazardous materials transportation regulations covering the batteries. These rules address concerns about the potential safety hazards of shipping large quantities of lithium-ion (Li-ion) batteries. The rules took effect on October 1 and will impact the companies and individuals shipping batteries for recycling and the recycling industry.

The new US DOT rules require that Li-ion batteries to be shipped in original equipment or have tape over the terminal connections to help prevent short circuits. In addition, the US DOT has new requirements for marking and labeling shipping packages.


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Ammonium Nitrate Handling - Proposed DHS Rulemaking

The Department of Homeland Security (DHS) has published an Advance Notice of Proposed Rulemaking (ANPRM) seeking comments on a recent amendment to the Homeland Security Act entitled "Secure Handling of Ammonium Nitrate". The amendment requires the DHS to ''regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility...to prevent the misappropriation or use of ammonium nitrate in an act of terrorism.'

Ammonium nitrate is also regulated as a Section 313 Water Priority Chemical, and may have additional control and security requirements under the Clean Water Act [Read more about requirements for Section 313 chemicals]

Caltha LLP provides technical support to facilities in South Dakota required to meet hazardous material storage and reporting requirements.

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Ethanol Mixtures - Transportation Rules For Ethanol Containing Fuels

The U.S. Department of Transportation – Pipeline & Hazardous Materials Safety Administration (PHMSA) published amendments to its rules in early 2008. The amendments took effect on October 1, 2008. Some amendments which may require upgrades to transportation equipment will be phased in over two years. These rules apply to anyone transporting hazardous materials or offering hazardous materials for shipment.

Some of the key changes reflected in the PHMSA amendments involved requirements for fuels containing ethanol. Over recent years, fuels containing ethanol have become much more prevalent in the market. These fuels are often transported along with traditional fuels, such as gasoline or diesel. However, the emergency response procedures for spills involving ethanol-gasoline mixtures are different compared to traditional fuels. For example, these mixtures are more soluble in water and foam materials typically used to control fuel spills are not effective.

Therefore, PHMSA has amended their rules to more specifically address the labeling and placarding of shipments containing ethanol mixtures. This is primarily being done to alert emergency responders, so they can use appropriate response measures. These requirements will take effect over a two-year period to allow upgrades to tankers, etc, used to transport these materials.

Caltha LLP provides technical consulting services to clients to meet Federal and State requirements related to shipping, storage and handling of hazardous materials and hazardous wastes.

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Amendments to Hazardous Material Shipping Rules

The U.S. Department of Transportation – Pipeline & Hazardous Materials Safety Administration (PHMSA) published amendments to its rules in early 2008. The amendments will took effect on October 1, 2008. Some amendments which may require upgrades to transportation equipment will be phased in over two years. These rules apply to anyone transporting hazardous materials or offering hazardous materials for shipment.

This section highlights some of the key changes reflected in the PHMSA amendments.

Requirements for Fuels Containing Ethanol. Over recent years, fuels containing ethanol have become much more prevalent in the market. These fuels are often transported along with traditional fuels, such as gasoline or diesel. However, the emergency response procedures for spills involving ethanol-gasoline mixtures are different compared to traditional fuels. For example, these mixtures are more soluble in water and foam materials typically used to control fuel spills are not effective.

Therefore, PHMSA has amended their rules to more specifically address the labeling and placarding of shipments containing ethanol mixtures. This is primarily being done to alert emergency responders, so they can use appropriate response measures. These requirements will take effect over a two-year period to allow upgrades to tankers, etc, used to transport these materials.

Requirements for Shipments Containing “Marine Pollutants”. Marine pollutants are a group of materials which represent special hazards if released into aquatic environments. Bulk shipments of these materials have special handling, labeling, etc. requirements. The issue that PHMSA addressed was that shippers typically prepared shipping paperwork based on initial mode of transportation. Some shipments that include some form of marine transportation might begin with truck or rail transport. The current amendments clarify that shippers are obligated to conform to requirements for marine pollutants if any portion of the route is by vessel.

Requirements for Shipments Containing “Hazardous Substances”. Some hazardous materials shipped may include chemicals that are also regulated as “hazardous substances” under CERCLA. These chemicals have Reportable Quantities (RQ) established. If a release occurs that exceeds the RQ, it must be reported to appropriate agencies.
The amendments require that limited quantity, non-bulk packages that contain hazardous substances be labeled with the letters “RQ”.

Shippers Responsibly to Confirm Transporter Has Required Permit. The transportation of some types of hazardous materials requires that the transporter apply for and obtain a “safety permit” from the Federal Motor Carrier Safety Administration (FMCSA). To be issued a safety permit, carriers must meet FMCSA requirements and have a satisfactory safety rating.
The current amendment extends the requirements that carriers have the required safety permit to companies making the shipment. Therefore, companies wishing to ship materials requiring a transporter to have a safety permit must confirm that their transporter(s) have a valid permit.

Placement of Labels. The current requirements specify that at least two sides of a package must be labeled in accordance with labeling standards. The amendment clarifies that intermediate bulk containers (IBC) must also be labeled on at least two sides.

Other amendments were made which have more limited application within the regulated community. These include requirements related to:

• Standards for shipment of bulk chlorine
• Standards for shipment of compressed gas cylinders
• Standards for shipment of dry ice (or packages containing dry ice)
• Standards for transportation of certain explosives
• Requirements for transportation of household hazardous wastes
• Standards for material segregation
• Design requirements for portable tanks

Caltha LLP assists clients in meeting hazardous material and hazardous waste shipping, storage and handling rules.

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