May 04, 2001

Below are some pending regulatory deadlines, to keep in mind:

May 16: Annual report due for medical waste incinerators. Seminal report due for incinerators subject to Title V. See 40 CFR 60.58

May 19: Semiannual report due for synthetic organic manufacturing sources subject to organic HAP controls. See 40 CFR 63.152

May 26: Sites subject to OSHA process safety management must update and revalidate hazard analyses. See 29 CFR 1910.119 (e) (6).

May 27: Manufacturers of "non-baseline diesel products" must satisfy Tier 2 testing requirements. See 40 CFR 79.51(c)(1), 79.52, and 79.59.

May 30: Quarterly report due for existing sources subject to organic HAP emission controls for synthetic organic chemical mfg. industry. See 40 CFR 63 Subpart G.


This manual provides guidance on the software program RMP* Review. RMP*Review is a free software program designed for reviewing and analyzing Risk Management Plans (RMPs) submitted under the Clean Air Act Section 112(r). It has advanced query capabilities for users who want to analyze RMP data beyond the capabilities of RMP*Info (e.g., state implementing agencies, LEPCs). You can obtain a copy as well as the software at http://www.epa.gov/ceppo/review.htm.


President Bush has nominated a former EPA Assistant Administrator, Linda J. Fisher, to be the Agency's Deputy Administrator, a 20-year career EPA employee, Stephen L. Johnson, to be Assistant Administrator for Prevention, Pesticides, and Toxic Substances, and a former White House official, Jeffrey R. Holmstead, to be Assistant Administrator for Air and Radiation. The U.S. Senate must confirm the nominees.

The President also announced his intention to nominate G. Tracy Mehan to be Assistant Administrator for Water.

Fisher previously served for ten years at EPA in several key managerial positions, including Chief of Staff, Assistant Administrator for Policy, Planning and Evaluation and Assistant Administrator for Prevention, Pesticides and Toxic Substances. As Deputy Administrator she would be the top managerial and policy assistant to the Administrator. Most recently Fisher was Vice President of Government Affairs for the Monsanto Company, St. Louis, Mo. She also practiced law with the Washington, D.C. law firm of Latham and Watkins. Fisher, 48, holds a law degree from Ohio State University, a M.B.A. degree from George Washington University and a B.A. degree from Miami University of Ohio.

Johnson, who is currently acting Assistant Administrator, has responsibility for implementing the nation's laws dealing with industrial chemicals, pesticides, pollution prevention and food safety. He has held several senior positions in the same program. Johnson, 50, holds a B.A. degree from Taylor University in Indiana and a M.S. degree from George Washington University, Washington, D.C. He received the prestigious Presidential Rank Award for outstanding leadership at EPA in 1997.

Holmstead is currently a partner in the environmental department of the Washington, D.C. law firm of Latham and Watkins. He served in the White House under former President George H.W. Bush as Associate Counsel to the President and had, as his main focus, environmental law and policy and work with EPA on the implementation of the Clean Air Act 1990 amendments. In his Assistant Administrator role, Holmstead would be responsible for implementing the federal Clean Air Act, for developing and managing other Agency programs designed to protect air quality, and for working with other agencies on issues involving radiation. Holmstead, 40, is a native of Colorado and an alumnus of Brigham Young University and Yale Law School.

Mehan is a member of the cabinet of Michigan Governor John Engler and a former EPA official. In the Assistant Administrator position he would have responsibility for the management of programs, policies, standards and regulations relating to water matters. Currently, Mehan, 51, is director of Michigan's Office of the Great Lakes. He previously served in the EPA Administrator's office as the Associate Deputy Administrator and in Missouri as Director of the state Department of Natural Resources. He holds a bachelor's degree and a law degree from St. Louis University.


DOT's Federal Motor Carrier Safety Administration (FMCSA) has proposed three rules addressing the safe operation of Mexican trucks in the US and will requires that they comply with U.S. safety regulations. "President Bush has made a firm commitment to implement the NAFTA trucking provisions, and his Administration has begun doing that," U.S. Transportation Secretary Norman Y. Mineta said. "These rulemakings will help ensure that all Mexican trucks and drivers entering the United States will be subject to the same safety standards that apply to U.S. and Canadian carriers." According to a timetable outlined at a meeting with representatives from the Government of Mexico on March 22, the United States will permit authorized Mexican carriers to operate throughout the United States before the end of this year.

If adopted, the proposals posted at the Federal Register today would:

  • Establish an application form and process for Mexican carriers seeking USDOT authority to operate only in U.S. municipalities and commercial zones adjacent to Mexico in Texas, New Mexico, Arizona, and California.
  • Establish an application form and process for Mexican carriers seeking USDOT authority to operate beyond municipalities and commercial zones at the U.S.-Mexico border.
  • Establish a safety monitoring system and enforcement regime, the Safety Monitoring System and Compliance Initiative for Mexican Motor Carriers Operating in the U.S., to help determine whether Mexican carriers conducting business anywhere in the United States comply with applicable safety regulations and conduct safe operations.

The first two proposals would establish new application procedures for Mexican motor carriers seeking operating authority, require carriers to provide detailed information about their safety practices, and require carriers to certify compliance with U.S. motor carrier safety regulations. The application is necessary for a carrier to obtain a USDOT number, which will allow them to operate in the U.S. All motor carriers seeking to do business in the U.S. must obtain operating authority and a USDOT number before they will be permitted to operate in the United States. Mexican carriers will be subject to the same safety standards that now apply to U.S. and Canadian carriers.

The third USDOT proposal would to require, as a condition of registration, that all Mexican new entrant carriers undergo at least one satisfactory safety audit within 18 months of receiving authority to operate in the United States. The purpose of the safety audit would be to evaluate a Mexican carrier's safety performance and basic safety management controls. It would accomplish this by reviewing information about the carrier, including records related to driver medical qualifications, driver hours of service, drug and alcohol testing, and vehicle inspection, maintenance and repair.

According to the proposed rule, if an audit determines that a carrier does not satisfactorily exercise basic safety management controls, its operating authority would be suspended and it would be required to cease operation in the United States.

The FMCSA also is developing a proposal to establish a comparable safety monitoring system for all new entrant U.S. and Canadian-based carriers as required by the Motor Carrier Safety Improvement Act of 1999.

The three notices of proposed rulemakings are in the USDOT docket (Docket Numbers FMCSA-98-3297, FMCSA-98-3298, FMCSA-98-3299) Written comments on the notices of proposed rulemaking should be sent by July 2, 2001 to the USDOT Docket Facility, Attn: Docket No. FMCSA-98-3297, 3298, 3299, Room PL-401, 400 Seventh Street, S.W., Washington, DC 20590-0001. The proposed rules also are on the Internet and can be viewed after searching at http://dms.dot.gov/. Comments also may be submitted electronically at this site.


DOTÆs Research and Special Programs Administration (RSPA) announced that for registration year 2001-2002, which begins July 1, 2001, the hazardous materials registration fees remain $300 for small businesses and $2,000 for all other businesses. Both include a $25 processing fee. On Dec. 7, 2000, RSPA published a Notice of Proposed Rulemaking (NPRM) in the Federal Register proposing to temporarily lower the registration fees paid by persons who transport or offer for transportation in commerce certain categories and quantities of hazardous materials, charge not-for-profit organizations the same registration fee as a small business, and use the North American Industry Classification System for size criteria for determining if an entity is a small business. The PresidentÆs FY 2002 budget request to Congress proposes to fund a portion of RSPAÆs hazardous materials safety program budget from fees collected through the Hazardous Materials Registration program. Therefore, consistent with the PresidentÆs budget request to Congress, RSPA is delaying final action on all proposals contained in the NPRM pending enactment of the fiscal 2002 DOT appropriations Act.


This CD-ROM application (EPA745-C-01-002) contains the reporting year 2000 version of the Automated TRI Reporting Software (ATRS), 32-bit version for Windows 95, Windows 98, Windows NT 3.51, Windows NT 4.0, or Windows 2000. You can order it at http://www.epa.gov/tri/report.htm. While youÆre at it, order EPAÆs TRI Assistance Library (TRIAL, EPA Order no. EPA745-C-01-001). TRIAL is a Windows based help utility containing key policy and guidance documents such as the EPCRA Section 313 Questions and Answers book, and industry-specific and chemical-specific regulatory guidance documents.


EPA has published a booklet intended to provide students in grades 6 through 8 with ideas and resources for developing environmental science fair projects, specifically in the areas of reducing, reusing, and recycling waste materials. A copy of the booklet (EPA530-K-00-008) is available at http://www.epa.gov/osw/


The 2001 Hazardous Waste Report Instructions and Forms (form number 8700-13A/B) required for hazardous waste generators and treatment, storage, or disposal facilities (TSDFs) are now available. RCRA Sections 3002 and 3004, as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), requires reporting to EPA or to authorized states at least every two years. Hazardous waste generators and TSDFs must report information on the quantities, type, and management of generated hazardous wastes and the quantities, type, and management of hazardous wastes received from off site.

The Federal form is available at no charge at http://www.epa.gov/epaoswer/hazwaste/data/brs01/forms.htm. Note that some states require reporting on state-specific forms and/or annual reports.


EPA Region 5 recently reached agreement with Safety-Kleen Systems, Inc., for allegedly violating the Resource Conservation and Recovery Act (RCRA) at its Dolton, Ill., recycling center. Safety-Kleen paid a $310,000 fine. Several EPA inspections at the center in 1997, 1998 and 1999 revealed numerous violations. The order requires Safety-Kleen to: make additional waste determinations, cease shipping hazardous waste off-site without a manifest and not operate certain processes at the facility without a RCRA permit. In addition, upgrades to the storage areas and complete implementation of a new computer-based tracking system for hazardous waste will be required. Safety-Kleen will also be required to perform three significant on-site environmental improvement projects that will reduce volatile organic emissions by more than 66,000 pounds per year. The projects are estimated to cost over $1.2 million.