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:
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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
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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.
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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
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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
6
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
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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
8
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.
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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=36
89
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
10
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
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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
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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 theclose 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
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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.ht
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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
14
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