News

New England Chapter – NASF Spring Seminar Recap

Date: May 7, 2022
Category: Chapter News, Events, Member News, NASF Chapters, Regulation

NENASF ANNUAL RCRA TRAINING AND WASTEWATER SEMINAR 2022

The New England Chapter once again was able to offer an in-person seminar for the benefit of its membership and the entire metal finishing community. Although the Chapter is still offering some virtual educational events, the Board felt strongly that there is a substantial benefit to having in-person events where the attendees can have the opportunity to network with fellow metal finishing professionals.

The event, held May 4, 2022 at the Courtyard Marriott in Marlborough, Massachusetts, was a four-hour Seminar covering mandatory annual RCRA training along with updates on hot button wastewater treatment issues, and was preceded by a luncheon.

Alisa Werst, a Senior Project Scientist at HRP Associates in Cromwell, Connecticut, was the instructor for the mandatory RCRA training portion of the Seminar. She gave a fast paced compelling and interactive presentation that was designed to provide both entry level and experienced environmental managers with a comprehensive review of state and federal hazardous waste regulations, all designed to meet the annual RCRA training requirements.

Brian Morrill, Associate Principal and Vice President at GZA GeoEnvironmental, offered a presentation on how to prepare for an environmental inspection with emphasis on how the actual inspections have been modified as a result of the COVID world in which we are living. This was followed by a presentation by Jim Occhialini, Vice President and Specialty Services Group leader at Alpha Analytical, who spoke on the rapidly evolving PFAS testing requirements the metal finishing community is being subjected to by municipalities and sewer authorities.

This seminar, and other beneficial educational events offered by the New England Chapter, are all part of this chapter’s commitment to the metal finishing community. Thank you for the combined efforts of the NENASF Board members, the Chapter Membership and the dedicated and talented members of the Metal Finishing Community as a whole who have offered their time and talents to making events like this possible.

NASF Public Policy Update

Date: April 1, 2022
Category: Events, NASF National, Regulation

March 2022

With the NASF Washington Forum slated for next week, the Biden Administration today announced plans to expand domestic production of critical minerals. This follows the release of White House plans a few weeks ago to strengthen U.S. supply chains and invest in manufacturing and infrastructure. The EPA issued its 5-year strategic plan this week, which includes a new round of regulation for the metal finishing industry. The agency is also moving to adopt ASTM’s new PFAS standard for site assessments to limit liability for cleanups.

This month’s update provides a summary of these and other key developments in Washington and states that are impacting the surface finishing industry.

NASF Washington Forum, April 4-6, 2022 – NASF is holding its annual Washington Forum for the first time since 2019, with briefings from national and global experts on legislative, regulatory and strategic management issues impacting the surface finishing industry. Highlighted will be the NASF Economic Impact Report, which profiles the industry’s output and contribution to the U.S. economy.

President Biden Invokes the Defense Production Act to Boost Critical Minerals Production in U.S. — President Biden this week took steps to increase domestic production of critical minerals needed for advanced technologies like electric vehicles, in an attempt to reduce the nation’s reliance on foreign suppliers. He invoked the Defense Production Act to give the federal government more avenues to provide support for the mining, processing and recycling of critical minerals, such as lithium, nickel, cobalt, graphite and manganese.

EPA Releases Strategic Plan Highlighting Priorities for 2022-2026 — EPA’s final strategic plan for fiscal years 2022-2026 integrates climate change and environmental justice (EJ) throughout the agency’s decision making and programs, and includes a major new focus on bolstering civil rights enforcement in environmental matters.

White House Releases Plan to Secure Critical Supply Chains and Revitalize U.S. Manufacturing – The Biden Administration released new reports from key agencies on critical supply chains, potential vulnerabilities, and a plan to revitalize U.S. manufacturing.

EPA Moves to Adopt ASTM’s New PFAS Standard for Site Assessments to Limit Liability for Cleanups – EPA taking steps to adopt new ASTM standards for conducting site assessments for PFAS contamination that could help limit cleanup liabilities for property owners.

Court Certifies Massive Class in Landmark PFAS Suit – New litigation seeking industry-funded, independent, nationwide health studies and testing to determine the health effects of numerous PFAS found in the blood of nearly all Americans for a broad class of plaintiffs.

California Adds PFOA to List of Carcinogens, Triggering More Prop 65 Requirements for PFAS Compounds – California continues to add PFAS to list of carcinogens and reproductive toxins to trigger additional labeling and warning requirements under Prop 65.

A more detailed summary of these issues is provided below.

NASF Washington Forum, April 4-6, 2022

The NASF Washington Forum for the surface finishing industry will be held April 4-6, 2022 at the Ritz Carlton in Pentagon City, VA. The Forum will feature briefings from national and global experts on pertinent policy, regulatory, and strategic management issues impacting the surface finishing industry, as well as the latest outlook on the fall midterm elections.

The schedule includes a Welcome Reception on the evening of April 4 and policy briefings on April 5 covering U.S. competitiveness and trade policy, EPA PFAS wastewater rules underway for finishing, the labor and workplace agenda, and automotive and defense topics.

Keynote speakers include Amy Walter, National Editor of the Cook Political Report and Jake Sherman, Founder of Punchbowl News. A Tuesday April 5 evening reception will follow.

More information on the Washington Forum is available on the NASF website at: https://nasf.org/events/washington-forum/.

President Biden Invokes the Defense Production Act to Boost Critical Minerals Production in U.S.

President Biden took steps this week to increase domestic production of critical minerals needed for advanced technologies like electric vehicles, in an attempt to reduce the nation’s reliance on foreign suppliers.

He invoked the Defense Production Act to give the federal government more avenues to provide support for the mining, processing and recycling of critical minerals, such as lithium, nickel, cobalt, graphite and manganese, primarily based on their use in large capacity batteries for electric cars and clean energy storage systems

“We need to end our long term reliance on China and other countries for inputs that will power the future,” Mr. Biden said during remarks at the White House, where he also announced the release of 1 million barrels of oil per day from the Strategic Petroleum Reserve.

The Defense Production Act, a Cold War-era statute, gives the president access to funding and other enhanced powers to shore up the American industrial base and ensure the private sector has the necessary resources to defend national security and face emergencies.

In a determination issued Thursday, the president said the United States depended on “unreliable foreign sources” for many materials necessary for transitioning to clean energy, and that demand for such materials was projected to increase exponentially.

The President directed the Secretary of Defense to bolster the critical mineral supply by supporting feasibility studies for new projects, encouraging waste reclamation at existing sites, and modernizing or increasing production at domestic mines for lithium, nickel, cobalt, graphite and other so-called critical minerals.

Under the new memorandum, the Defense Department would also conduct a survey of the domestic industrial base for critical minerals and submit that to the president and Congress.

The actions under review would include funding studies and the expansion or modernization of new and existing sites.

EPA Releases Strategic Plan Highlighting Priorities for 2022-2026

The EPA this week issued its final strategic plan for fiscal years 2022-2026, which integrates climate change along with an unprecedented focus on environmental justice (EJ) throughout the agency’s decision making and programs, and includes a major new focus on bolstering civil rights enforcement in environmental matters.

The plan aims to communicate EPA’s vision, priorities, and strategies to accomplish the agency’s mission over the next several years and also serves as the framework for annual planning and budgeting and development of work plans.

The agency’s plan twice mentions the metal finishing industry specifically, including its high-priority rule making focused on metal finishing:

“EPA has determined that effluent limitation guidelines under the CWA should be developed to address PFAS in industrial wastewater discharged by the PFAS manufacturing and the metal finishing industries and is initiating

rulemaking to do so. EPA is committed to lifting up the voices of all communities, particularly those who have suffered disproportionately from the impacts of PFAS; supporting those least able to access technical assistance, filtration, and other control and remediation solutions; and working together to

address this complex environmental challenge. EPA will confront the issue of PFAS by fully leveraging the Agency’s authorities and working closely with federal, Tribal, state, and local partners.”

NASF is working closely with EPA officials in Washington and in the agency’s regional offices — as well as with key states — to exchange information and data and determine appropriate regulatory options.

NASF will host EPA officials at the Washington Forum next week for an outlook and discussion with NASF members at this early stage of rulemaking.

Recent White House Plan to Secure Critical Supply Chains and Revitalize U.S. Manufacturing

On February 24, 2022, the Biden Administration announced its plan to strengthen critical supply chains and invest in U.S. manufacturing and infrastructure.

Seven agencies released six reports outlining key areas of vulnerability and policy recommendations to strengthen U.S. supply chains in critical industrial sectors.

Many of the supply chain vulnerabilities identified in the reports address longstanding challenges in the U.S. industrial base – such as a lack of domestic manufacturing capacity, aging infrastructure, and a skilled workforce deficit – that require long-term solutions.

The reports were in response to Executive Order (E.O.) 14017, “America’s Supply Chains,” signed last year on February 24, 2021, that launched a comprehensive interagency review to identify risks in the supply chains for products deemed critical to U.S. national and economic security, including:

semiconductor manufacturing and packaging;
large capacity batteries;
critical and strategic minerals; and
pharmaceuticals and active pharmaceutical ingredients.

These reviews have been spearheaded by the Department of Commerce (DOC), the Department of Energy (DOE), the Department of Defense (DOD), and the Department of Health and Human Services (HHS).

The initial 100-day reports that were announced on June 8, 2021 examined a wide range of supply chain risks and identified five main sources of vulnerabilities:

insufficient U.S. manufacturing capacity;
misaligned incentives and “short-termism” in private markets;
strategic industrial policies adopted by competitor and allied nations, including China and the E.U., to advance their domestic competitiveness;
geographic concentration in global sourcing; and
limited international coordination on supply chain resilience.

The 100-day reports also made a number of recommendations and announced immediate steps the Administration would take to strengthen U.S. supply chains while continuing to analyze potential long-term solutions to these problems.

The recently issued the one-year reports detailed the interagency working group findings of year-long reviews of the following six critical industrial base sectors:

Defense;
Public health and biological preparedness;
Information and communication technology;
Energy;
Transportation; and
Supply chains for production of agricultural commodities and industrial food products.

There are several common themes and findings across the reports, including:

Training – any supply chain action must include significant investment in training and education of U.S. workers in critical industrial base sectors;
Infrastructure and Manufacturing – need to invest in infrastructure and expand domestic manufacturing capacity;
Standards – the need to work with foreign partners to establish global standards to prevent supply chain vulnerabilities; and
Resilience – recommend that the U.S. continue to diversify supply chains to improve resilience to global crises.

The reports did not create new programs to address the supply chain vulnerabilities that they identify, but did call on Congress to provide funding for new domestic manufacturing initiatives.

Some of the key findings from the six interagency reports included the following.

Defense – The DOD analysis of the defense industrial base found vulnerabilities in large capacity batteries, specifically lithium batteries, and casting and forging of metals and microelectronics.

To strengthen these areas, DOD recommended that the federal government: invest in training doctoral-level skilled labor; expand industrial security, counterintelligence, and cybersecurity; expand domestic additive manufacturing; and engage more small businesses as key members of the defense supply chain.

Information and Communication Technology — The Department of Homeland Security (DHS) and DOC analysis of the information and communication technology industrial base found that while U.S. technology companies lead the world in innovation and development, most of these products are made in China.

The U.S. lacks the skilled work force to support re-shoring of information and communication technology supply chains, leaving them vulnerable to continued disruptions.

To alleviate these vulnerabilities, the U.S. should invest in domestic manufacturing, work to improve international standards, and increase monitoring of information and communication technology supply chains.

Energy – The DOE analysis of the energy sector found that the U.S. has an opportunity for sustainable growth of its domestic clean energy supply chains, but currently lacks an adequate manufacturing raw materials and domestic production capabilities.

The report also recommended that Congress enact legislation to provide tax incentives for domestic clean energy manufacturing and funding for domestic workforce training and that the federal government leverage foreign direct investment in U.S.-based clean energy technology manufacturing.

Public Health – The HHS analysis of the public health sector found that offshore manufacturing for personal protective equipment (PPE) and other health care supplies are a critical vulnerability and that pressure to reduce prices has resulted in a highly-concentrated manufacturing base that create vulnerabilities in supply chains.

The report recommended that the U.S. invest in domestic manufacturing; stockpile critical items; and improve workforce development.

Transportation — The Department of Transportation (DOT) analysis of the freight and logistics supply chains found that U.S. ports are a key vulnerability and a bottleneck of supply chains and that domestic transportation infrastructure requires significant investment to alleviate supply chain vulnerabilities.

The report recommended that the federal government invest in domestic infrastructure and building the workforce in this sector.

Agriculture and Food Production — The Department of Agriculture (USDA) analysis identified multiple vulnerabilities, including: concentration of industrial food production; labor shortages; climate change; disease to livestock and poultry; transportation bottlenecks; and trade disruptions. USDA recommended taking action to address these challenges through existing and additional funding

These reports take a significant step to identify numerous vulnerabilities for critical supply chains and reaffirmed the importance of U.S. manufacturing.

Although they did not provide detailed solutions to address the vulnerabilities, they did call upon Congress to provide funding to support new domestic manufacturing initiatives.

This increased focus on manufacturing is important for industries in critical supply chains, such as the surface finishing industry. Even though it may take time to implement these manufacturing initiatives, surface finishing companies should begin to position themselves for expanded opportunities in these critical supply chains.

The NASF will continue to work closely with federal officials and industry partners and provide further updates to NASF members. If you have any questions or would like additional information on this issue, please contact Christian Richter or Jeff Hannapel with NASF at crichter@thepolicygroup.com or jhannapel@thepolicygroup.com.

EPA Moves to Adopt ASTM’s New PFAS Standard for Site Assessments to Limit Liability for Cleanups

EPA is moving quickly to adopt a recently revised industry standard that added per- and polyfluoroalkyl substances (PFAS) into its methods for assessing potentially contaminated properties.

This clears the way for certain parties to use the standard as they seek Superfund liability waivers at brownfield sites under the “all appropriate inquiry” (AAI) rule.

The move is significant because it could provide liability relief to prospective purchasers and other potentially responsible parties at brownfields or other sites contaminated with PFAS.

EPA is scheduled to publish in the Federal Register a direct final rule as well as a proposed rule to incorporate the updated American Society for Testing and Materials (ASTM) standard — known as ASTM E1527-21 standard practice — into its “Standards and Practices for All Appropriate Inquiries.”

The direct final rule will become effective 60 days after publication without further notice, unless the agency receives adverse comments, at which point the direct final rule would be withdrawn and the proposed rule would be the vehicle EPA uses to address comments and eventually finalize the rule.

The timing on this action is significant because EPA is poised to list PFOS and PFOA as hazardous substances under the Superfund law, a measure that is expected to drive massive new cleanup liability at many sites.

The upcoming rule would, for the first time, allow prospective purchasers an opportunity to limit their CERCLA liability for PFAS contamination by conducting appropriate site assessments.

ASTM approved changes to its site assessment standard in November 2021, suggesting property owners or other users may include PFAS in site assessments of potentially contaminated properties if the substance is regulated by the state.

ASTM specifically approved changes to its Phase I environmental site assessments standard, including terminology revisions, new definitions and a footnote addressing PFAS, among other updates.

In its direct final rule, EPA references parties that may want to make use of the updated ASTM standard in order to secure liability protection. Parties may wish to consider PFOS and PFOA during due diligence activities now — even before any final designation — depending on the site’s prior use, surrounding area, and future intended use.

With increased regulatory attention and litigation over the management and remediation of PFAS, this revised ASTM standard is a welcome tool to address major risks and liabilities linked to PFAS.

NASF will continue to monitor these developments and provide updates to NASF members. If you have any questions or would like additional information on this issue, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

Court Certifies Huge Class in Landmark PFAS Suit, Eyes Possible Expansion

A federal court recently certified all Ohio residents who have small amounts of per- and polyfluoroalkyl substances (PFAS) in their blood as a class eligible to pursue a suit against chemical manufacturers, while leaving the door open for residents of other states to be included.

The suit, Kevin D. Hardwick v. 3M Company, et al., was filed in the U.S. District Court for the Southern District of Ohio, and could drive new PFAS science and possibly future Superfund litigation.

The named plaintiff in the lawsuit, an Ohio firefighter, is seeking industry-funded, independent, nationwide health studies and testing to determine the health effects of numerous PFAS found in the blood of nearly all Americans.

In this litigation the plaintiff claims that manufacturers and distributors of PFAS “knew for decades that these chemicals presented a serious risk of disease and harm, engaged in a systematic effort to conceal and deny the dangers of PFAS, misled regulators and the public, and made billions of dollars in profits while contaminating millions of people without their knowledge.” The industry defendants vigorously deny the allegations.

Class action litigation has been driving a lot of the science on PFAS damages through the creation of science panels. Such suits could also provide a roadmap for future Superfund litigation once EPA lists PFOS and PFOA as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

Success on this claim could have repercussions in the regulatory arena and other PFAS litigation, particularly after PFOS and PFOA are designated hazardous substances under CERCLA, thereby providing clear legal authority for people to pursue cleanup actions for PFAS contamination.

Increased litigation can potentially have a significant impact on surface finishing operations that used PFAS. If you would like additional information on this issue, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

California Adds PFOA to List of Carcinogens, Triggering More Prop 65 Requirements for PFAS Compounds

Adding regulatory requirements for PFAS compounds, the California Office of Environmental Health Hazard Assessment (OEHHA) added PFOA to the list of chemicals known to cause cancer.

OEHHA’s determination was based on the National Toxicology Program (NTP) formal identification of PFOA as a chemical that causes cancer.

The listing will create new label requirements under Prop 65 for any product sold in California that contains PFOA, and may also increase enforcement actions targeting those products.

This recent listing for PFOA is the latest in a series of actions in California regarding PFAS compounds:

November 10, 2017 – PFOS and PFOA listed as substances that cause reproductive harm
March 11, 2021 – Notice of intent to list PFOA as a carcinogen
March 26, 2021 — Notice of intent to list PFOS as a carcinogen
March 26, 2021 – Notice of intent to conduct review of four PFAS for possible reproductive toxicity (PFDA, PFHxS, PFNA, and PFUnDa)
December 22, 2021 – PFOS listed as a carcinogen (effective December 24, 2022)
December 31, 2021 – PFNA listed as chemical capable of causing male reproductive harm
February 25, 2022 – PFOA listed as a carcinogen (effective immediately)

California’s Prop 65 was passed with the intention of providing consumers with information regarding potentially cancer-causing agents in products that would allow consumers to make an informed decision as to whether to purchase the product.

Prop 65 requires “clear and reasonable” warnings to be placed on products that can expose a consumer to a chemical that the State of California determines may be cancer-causing or cause reproductive harm.

Prop 65 penalties can be as high as $2,500 per violation per day. Companies often face the added prospect of third-party lawsuits and paying the other side’s attorney fees, as a result, most Prop 65 matters carry substantial financial risk and are very expensive to litigate.

Companies that were already 1) testing products, 2) conducting due diligence to determine whether any of its products contain any of the PFAS determined to be cancer-causing or cause reproductive harm, and 3) ensuring proper warning labels on applicable PFAS-containing products to comply with Prop 65’s strict regulatory requirements must now factor in the new PFOA carcinogenic determination.

This may require modifications to any necessary warning labels, unless a business is already availing itself of a safe harbor warning that covers both cancer and reproductive harm, or if any exposure would be below safe harbor levels.

As more PFAS compounds are identified as carcinogens or reproductive toxins, companies doing business in California must act now to determine if any products sold in the State of California contain any of the regulated PFAS compounds.

Supply chain analysis is a critical part of the process. For companies with products that contain the PFAS that are the subject of the notices, precise warnings will need to be adhered in the proper way and location (whether on the product packaging, on a website prior to the consumer purchasing the product, etc.) that may not be as simple as it sounds.

NASF will continue to monitor Prop 65 PFAS developments and provide updates to NASF members. If you have any questions or would like additional information, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

NASF 1000

The NASF 1000 program was established to ensure that the surface finishing industry would have resources to effectively address regulatory, legislative and legal actions impacting the industry, NASF members and their workplaces.

All funds from the NASF 1000 program are used exclusively to support specific projects and initiatives that fall outside the association’s day-to-day public policy activities.

The commitment to this program is one of the most vital contributions made in support of surface finishing and directly shapes the future of the industry.

The sustained commitment from industry leaders has helped the NASF remain strong and credible in informing regulatory decisions across the nation.

Specific projects funded through the NASF 1000 make a measurable difference in how the industry navigates emerging challenges, communicates credibly with policy makers, and advocates for a strong science base for rules or standards that affect surface finishing.

NEW ENGLAND CHAPTER HOSTS SPRING SEMINAR

Date: March 26, 2022
Category: Chapter News, Events, Member News, NASF Chapters

NEW ENGLAND CHAPTER HOSTS VIRTUAL SEMINAR

The New England Chapter of NASF hosted a virtual seminar for the benefit of their membership as well as the entire non-NENASF metal finishing community. The event was held on Thursday March 17, 2022. The Executive Board opted to offer this event free of charge to all NENASF members, and at a modest fee to the rest of the metal finishing community, in hopes that it would not only educate but, to whatever extent possible, bond those associated with the metal finishing community.

The event was a two-hour Continuing Education Conference offering continuing education contact hours towards Wastewater license renewal. It was conducted by means of Zoom format and attracted about thirty attendees. It consisted of three presentations over the two-hour duration from 10:00 to noon offering a user-friendly format for all attendees.

Matt Kreiner of Hitachi XRF opened the Webinar with a presentation on the variety of uses and applications self-adjusting XRF units can have in saving time and money in daily coating thickness applications. He also addressed how XRF can be used to optimize solution maintenance and measure impurities in waste water discharge. This was followed by a presentation by Enrique Valentin of American Plating Power on the variety of rectifier options available to the metal finishing community, and how the correct choice can not only save money by lessening rejects, but also help reduce processing water used to reprocess defective parts.

The webinar was concluded with a presentation by Rob Sheldon of Aquas Group who spoke on the various options available through membrane technology as a substantial tool to be used in environmental regulation compliance. He also showed how this technology can be used as a path to rinse water recycling.

Special thanks to Chris Capalbo for technical support and for acting as moderator, and to Dev Massimi as Event Chair in arranging for the event speakers.

Thanks to the combined efforts of NASF Board Members, Committee Members, Chapter Membership and dedicated and talented members of the Metal Finishing Community as a whole for making events such as this available for the benefit of our membership.

MCTA UPDATE

Date: January 24, 2022
Category: Events, Regulation

MassDEP Continues Stakeholder Process for New Air Permitting Regulations

MEPA Institutes New CIA Regulations

MassDEP continues to collect stakeholder input into the regulations being promulgated under the state’s new Climate Law. Draft regulations must be in place by October 2022 with final regulations promulgated by April 2023.

The meeting is scheduled for January 25 at 1 pm and will be repeated on January 26th at 6 pm. Registration is required,

The laws require that facilities holding “certain air permits” conduct a Comprehensive Impact Analysis (CIA) as part of their permit application. Which permits will be impacted has yet to be determined, with social justice groups arguing that all permits — including non-stationary permits and permit renewals — be included.

The January Meeting will focus on the CIA process and environmental indicators the applicant will be required to assess as part of the permitting process. More than 80 indicators were listed by environmental justice organizations at its November meeting. This number has been whittled down to 40, and includes such qualitative indicators as food insecurity and heat deserts.

MassDEP’s presentation is available online as are videos of past meetings.

MEPA has already posted its final regulations for project tripping its threshold mandated under the climate law. The new regulations are available on its website. These regulations require a CIA for any project impacting air quality within a 5-mile radius of an environmental justice community.

Please contact me at katherine@masscta.org if you have any questions.

NASF Public Policy Update January 2022

Date: January 18, 2022
Category: Regulation

NASF Public Policy Update

January 2022

With the beginning of a new year, several significant regulatory developments are emerging. This month’s update provides a summary of these key developments in Washington and states that are impacting the surface finishing industry.

· U.S. Supreme Court Blocks OSHA’s COVID-19 Workplace Vaccine Standard – The U.S. Supreme Court issued a stay for now on the implementation of the OSHA COVID-19 Vaccine, Testing and Face Coverings emergency temporary standard.

· EPA Proposes to List PFOS and PFOA as (Superfund) Hazardous Substances – EPA submitted proposed a rule to list PFOS and PFOA as Superfund hazardous substances to the White House for review. The rule could subject PFOS and PFOA to release reporting and cleanup cost recovery requirements.

· EPA Adds N-Propyl Bromide to Hazardous Air Pollutants List – The first new chemical since the Clean Air Act Amendments were passed in 1990 is added to the list of hazardous air pollutants (HAPs).

· Science Advisory Board (SAB) Criticizes Draft EPA PFAS Documents Over Lack of Transparency – Scientific panel questions EPA’ s scientific data and conclusions to support drinking water standard for PFOS and PFOA.

· Wisconsin State Agency Recommends Stringent Groundwater Standard for Hexavalent Chromium – New standard for hexavalent chromium in groundwater is several orders of magnitude more stringent that existing federal and state standard.

A more detailed summary of these issues is provided below.

Supreme Court Issues Stay of OSHA’s COVID-19 Workplace Vaccine Standard

The Supreme Court on January 13 issued a decision to stay OSHA’s COVID-19 emergency workplace standard that applies to employers with at least 100 employees. Here is a link to the opinion of the Court. As a result, the enforcement of the mandate has been halted and there are no regulatory obligations to meet under the rule, such as employers needing to determine each employee’s vaccination status and requiring unvaccinated employees to wear face coverings and be subject to weekly COVID testing.

Only a Temporary Stay

While the Court’s decision technically is only a temporary stay of the ETS pending a full review of the legal challenges to the rule by the Sixth Circuit (such as whether the Constitution would allow OSHA to impose the broad-ranging requirements of the ETS), the Court appeared to signal that it believes OSHA exceeded its statutory authority in issuing a workplace standard to address an issue of broad public health. The Court specifically noted that:

“Although COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather.

That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.”

Additional Arguments and Outlook

The Court also stated:

“[t]hat is not to say OSHA lacks authority to regulate occupation-specific risks related to COVID–19. Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible. . . . But the danger present in such workplaces differs in both degree and kind from the everyday risk of contracting COVID–19 that all face.”

For now, implementation of the rule is blocked and the ETS requirements are not in effect. The substantive legal issues on whether OSHA has authority to issue such a broad-ranging ETS will be argued in the U.S. Court of Appeals for the Sixth Circuit.

NASF will continue to work with OSHA officials and industry coalitions on this issue and provide updates to NASF members. If you have any questions or would like additional information, please contact Jeff Hannapel or Christian Richter with NASF at jhannapel@thepolicygroup.com or crichter@thepolicygroup.com.

EPA Submits for White House Review its Proposed Rule to List PFOS and PFOA as Hazardous Substance under CERCLA

On January 10, 2022, EPA formally submitted to the White House Office of Management and Budget (OMB) its first-time plan to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under Comprehensive Environmental Response, Compensation & Liability Act (CERCLA or the Superfund law). Such a designation would set new precedent as EPA has never before designated a new chemical as a CERCLA hazardous substance.

OMB reviews are generally intended to last 90 days, so EPA appears to be on track to issue the proposal in March 2022. The agency expects to issue a final rule in the summer of 2023.

Once finalized, the regulation would trigger a host of actions, from release reporting to cost recovery and contribution claims. The reporting will enable federal, state, and local authorities to collect information regarding the location and extent of releases of PFOS and PFOA. In addition, EPA, other agencies or private parties may be able to seek cost recovery or contributions for costs incurred for the cleanup of releases of PFOS and PFOA.

NASF will continue to monitor this rule development and provide updates to NASF members. If you have any questions or would like additional information on this issue, please contact Jeff Hannapel at jhannapel@thepolicygroup.com.

EPA Adds N-Propyl Bromide to Hazardous Air Pollutants List

EPA has set a new precedent and is adding a new chemical, n-propyl bromide (also known as 1-bromopropane), to the Clean Air Act’s list of hazardous air pollutants (HAPs), also known as air toxics.

This chemical is used as a degreaser and cleaner for metal parts in the surface finishing industry, with specific aviation and aerospace applications. HAPs are those pollutants that are known or suspected to cause cancer or other serious health effects. The original list of HAPs in the Clean Air Act Amendments of 1990 included 189 pollutants. Since 1990, EPA has removed two pollutants from the list, but until now has not added any new ones.

The final rule was published in the Federal Register on Jan. 5, 2022. The consequences of a new HAP listing could be significant. New HAP listings could reopen current air rules for industry source categories and drive modifications to facility permits.

The additional potential new HAP emissions could also trigger some area (smaller) sources to become major sources subject to more stringent requirements. EPA will be working to revise current NESHAP regulations and identify whether additional NESHAP are warranted.

The addition of this new HAP will likely be subject to a legal challenge because the administrative process that EPA used to add the new HAP has been criticized by several stakeholders because it was not consistent with notice and comments requirements of the Administrative Procedure Act.

Several industry trade groups have indicated that they intend to challenge EPA’s perceived “regulatory shortcut” to listing new pollutants. The outcome of the legal challenge will likely set the precedent for future HAP listing decisions such as possible HAP listings for PFOS and PFOA.

EPA will be working to revise current NESHAP regulations and identify whether additional NESHAP requirements are warranted. Under a separate action, EPA is developing a regulatory infrastructure that will address compliance and implementation issues that may arise from the addition of a new chemical to the list of HAPs.

More information is available on the EPA website at: https://www.epa.gov/haps/addition-1-bp-npb-clean-air-act-list-hazardous-air-pollutants.

NASF will continue to work with other industry trade groups on the effort and provide updates to members. If you have any questions or would like additional information on this issue, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

Science Advisory Board (SAB) Criticizes Draft EPA PFAS Documents Over Lack of Transparency

In the first week of January 2022, the Science Advisory Board (SAB) PFAS Panel reviewed draft documents for deriving a maximum contaminant level goal (MCLG) for perfluorooctanoic acid (PFOA) or perfluorooctanesulfonic acid (PFOS) as well as an analysis of cardiovascular disease (CVD) risk reduction as a result of reduced PFOA and PFOS exposure in drinking water.

EPA uses health-based MCLGs to set enforceable drinking water standards after taking into consideration cost and technology concerns. EPA will use the CVD document in its cost-benefit analysis for the enforceable drinking water standard.

EPA has asked the panel to weigh in on a number of issues related to the MCLG documents, including whether the agency:

· clearly described the studies it considered in developing the MCLG process documents

· chose the right endpoints for assessing noncancer effects

· made the right cancer classifications and properly calculated the cancer slope factor

· used the appropriate toxicokinetic models

· chose the appropriate epidemiological studies to derive the reference doses (RfDs) for PFOA and PFOS, and

· appropriately decided to use a relative source contribution of 20 percent.

EPA Science Advisors Critiqued the Draft

EPA science advisors criticized several aspects of the draft documents the agency plans to use to set enforceable drinking water limits, saying that even when the agency’s approach appears to be reasonable, EPA has failed to adequately explain its rationale.

The criticisms follow, and in some cases echo, concerns a variety of public commenters have raised about the documents, where state health officials, industry groups and drinking water officials have said the documents contain numerous errors and inconsistencies. Specifically, the panel reviewed a draft framework for estimating noncancer risks associated with PFAS mixtures, raising concerns it could hamper ongoing state efforts to control the chemicals.

While the SAB panel raised numerous technical concerns over EPA’s data and conclusions, it was not clear if the panelists would provide clear direction to EPA. Public commenters urged the SAB to provide specific recommendations and definitive direction to EPA regarding the scientific basis provided to support a drinking water standard for PFOS and PFOA.

The technical and scientific information provided by EPA and reviewed by the SAB will be part of the administrative record to support EPA’s rulemaking process to set drinking water standards for PFO and PFOA.

On behalf of NASF, The Policy Group will continue to work with EPA, state agencies, drinking water utilities, and industry trade groups on this rulemaking development and provide updates to NASF members. If you have any questions or would like additional information, please contact Christian Richter or Jeff Hannapel with NASF at crichter#@thepolicygroup.com or jhannapel@thepolicygroup.com.

Wisconsin State Agency Recommends Stringent Groundwater Standard for Hexavalent Chromium

The Wisconsin Groundwater Coordinating Council (comprised of representatives from several state agencies, the Governor’s office and universities) prepares an annual report that summarizes the operations and activities of the council, describes the state of the groundwater resource and its management and makes recommendations. In the 2021 Wisconsin Groundwater Coordinating Council Report to the Legislature, the naturally-occurring chromium in groundwater was referenced.

The report noted that “[a]s water flows underground, metals such as chromium, may be dissolved from rock or soil and be mobilized, and therefore present in groundwater. Natural sources of chromium in groundwater include some types of igneous bedrock and soils derived from those bedrock sources.”

While both trivalent chromium and hexavalent chromium are found in groundwater, in Wisconsin water quality analysis for chromium is generally done for “total chromium.” The US EPA has established a public water supply MCL for total chromium at 100 micrograms per liter (μg/L) and, in Wisconsin, the groundwater quality enforcement standard for total chromium is also 100 μg/L.

The Wisconsin Department of Natural Resources (DNR) Remediation and Redevelopment program requested a health-based groundwater standard for hexavalent chromium.

The Wisconsin Department of Health Services (DHS) recently recommended a groundwater quality enforcement standard of 70 nanograms per liter (ng/L) and a preventive action limit (PAL) of 7 ng/L for hexavalent chromium based on its potential to cause cancer. DHS must identify the health-based level at the estimated cancer risk of one in one million for a person with body weight of 177 pounds.

The PAL is then set at ten percent of the enforcement standard as required by state statute. The scientific Support Documents for this recommended standard is available on the DHS website at: https://www.dhs.wisconsin.gov/publications/p02434v.pdf.

Wisconsin has issued a white paper for rule development for this stringent groundwater standard, and has requested comments on the white paper. This recommended level for hexavalent chromium is several orders of magnitude more stringent that the existing standard for total chromium. and could have a significant impact on the monitoring, control and remediation of groundwater in Wisconsin.

If you have any questions or would like additional information on this issue, please contact Jeff Hannapel with NASF at crichter#@thepolicygroup.com or jhannapel@thepolicygroup.com.

NASF Washington Forum, April 4-6, 2022

The NASF Washington Forum for the surface finishing industry will be held April 4-6, 2022 at the Ritz Carlton in Pentagon City, VA.

The Forum includes presentations and briefings from national and global experts on pertinent policy, technical, regulatory, and strategic management issues impacting the surface finishing industry, including environmental regulatory issues, labor and workplace trends, tax and economic policy, supply chain challenges, globally regulatory developments, and election forecasts.

The schedule includes a Welcome Reception on the evening of April 4, Policy Briefings, Lunch Keynote Speaker, and Evening Reception on April 5, and an opportunity the following day for meetings on Capitol Hill to educate lawmakers and staff on the importance and impact of the surface finishing industry, the challenges facing companies, and specific policy priorities of concern on the 6^th.

Please join your industry colleagues at this significant and informative event. More information on the Washington Forum will be available shortly on the NASF website at: https://nasf.org/events/washington-forum/.

If you have any questions, please contact Christian Richter or Jeff Hannapel with NASF at crichter@thepolicygroup.com or jhannapel@thepolicygroup.com.

Support the NASF 1000 Today!

The NASF 1000 program was established to ensure that the surface finishing industry would have resources to effectively address regulatory, legislative and legal actions impacting the industry, NASF members and their workplaces. All funds from the NASF 1000 program are used exclusively to support specific projects and initiatives that fall outside the association’s day-to-day public policy activities.

The commitment to this program is one of the most vital contributions made in support of surface finishing and directly shapes the future of the industry. The sustained commitment from industry leaders has helped the NASF remain strong and credible in informing regulatory decisions across the nation.

Please consider supporting the NASF 1000 program.

___________________________________________

If you have any questions or would like additional information on this or membership matters, please contact Christian Richter at crichter@thepolicygroup.com, Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

NASF Public Policy Update December 29, 2021

Date: December 31, 2021
Category: Regulation

NASF Public Policy Update

December 29, 2021

As the year comes to a close, speculation abounds over whether the U.S. Supreme Court will block OSHA from enforcing its emergency COVID-19 workplace standard for large employers – the Court will hold a special hearing on January 7, 2022 as OSHA delays enforcement efforts until January 10, 2022. See the detailed update with an FAQ link further below.

Agencies: The Centers for Disease Control just updated its COVID-19 isolation and quarantine guidance that cuts from 10 to 5 days the recommended isolation period for asymptomatic individuals.

White House: President Biden signed bipartisan defense policy legislation authorizing $770 billion for the Pentagon.

Congress: Democrats are assessing options for advancing pieces of their economic and social agenda when they return from the holidays after failing to win passage of the $2.5 trillion package this year.

Action to Continue Next Year: This month’s update wraps up a year of action from NASF. Just a few notable recent developments of many more anticipated in 2022:

Congress took up legislation specifically targeting the surface finishing industry for the first time in recent memory with a focus on new discharge restrictions.

The Biden administration’s EPA launched a multi-year rulemaking to assess the impact of the finishing industry’s wastewater discharges as well on human health and the environment, with an option to impose more stringent controls.

California and other states have been increasingly active with proposed bans, product disclosure rules and other initiatives that will impact finishing.

The agenda in the coming year will be challenging and there will be much to accomplish. In January we’ll have some early indicators on what’s likely to unfold in the midterm election year.

December Issue Summary:

CDC Shortens Isolation and Quarantine Recommendations – The Centers for Disease Control (CDC) yesterday announced it was shortening its recommended isolation and quarantine periods for the general population.

OSHA’s COVID-19 Standard for Employers is Back On – In the latest decision in a flurry of litigation, the U.S. 6^th Circuit Court of Appeals on December 17, 2021, reversed a nationwide stay that had prevented OSHA from implementing its COVID-19 Emergency Temporary Standard (ETS) for the workplace. OSHA has announced it will delay its enforcement efforts until January 10, 2022 as Supreme Court has scheduled an expedited review of the ETS for January 7, 2022.

President Biden Signed the $770 billion Defense Policy Bill – The President signed into law the annual National Defense Authorization Act (NDAA) this week. The legislation, which authorizes funding the Pentagon’s activities for fiscal year 2022, recently passed the Senate on December 15 by a wide margin of 88-11, adding $25 billion more than the White House originally requested.

EPA Prepares for Drinking Water Standard for PFAS – EPA released stringent health-based levels to serve as guidance for setting drinking water standard for PFOS and PFOA.

EPA Looks to Expand RCRA Corrective Action Authority to Address PFAS Contamination – EPA announces that it intends to list four PFAS as hazardous constituents under federal hazardous waste laws and expand its corrective action authority for cleanup of releases of PFAS and other emerging contaminants.

ProPublica Releases Map of Toxic “Hotspots” from Industrial Air Emissions – Areas identified by zip-code are described as “sacrifice zones” that threaten disadvantaged communities with industrial air emissions.

EPA Proposes to Formally Scrap Trump “Waters of the US” Rule – EPA signed a proposed rule to scrap the Trump-era WOTUS rule and replace it with pre-2015 regulations until it can develop a new revised WOTUS rule.

2021 New England Surface Finishing Regional & Annual Foundation Award

Date: November 19, 2021
Category: Chapter News, Events, NASF Chapters

The event took place this past November 12rd in Hyannis, MA. It was a huge success with over 100 people in attendance. There were speakers from all over the country that delivered educational and thoughtful presentations to all in attendance.

The New England Surface Finishing Regional is honored to have presented the 4tAnnual Foundation Award to long time supporter Roger Love of RHL Associates. The award was created to recognize a metal finishing supplier that has demonstrated outstanding contributions, support, and dedication to the annual regional event.

NASF POLICY UPDATE

Date: November 5, 2021
Category: Chapter News, NASF Chapters, NASF National, Regulation

NASF Public Policy Update

Recent Developments

November 1, 2021

Federal actions this fall have placed historic regulatory attention on the finishing industry and its practices. This update highlights several topics, including:

· Calls intensify to regulate the entire surface finishing industry,

· EPA expands its regulatory authority over articles containing chemicals substances,

· NASF comments on PFAS reporting requirements,

· OSHA awaits final COVID vaccine rule review from White House reiview, and

· a NASF/US Department of Defense Workshop on chromium plating to be held at SUR/FIN.

Major Regulatory Milestones

Activist Groups in October Called out the Entire Finishing Industry for New Water Rules – In recent weeks, more than a dozen of the top U.S. activist groups – including the Sierra Club and the Natural Resources Defense Council – issued a joint statement to EPA and the public and included a call to regulate the entire surface finishing industry with new PFAS effluent requirements, arguing:

The EPA should develop [new discharge requirements] for ALL metal finishers, not just chrome platers.”

Congress and EPA are Targeting Surface Finishing – Congress has introduced new legislation that is gaining more attention – and EPA announced the launch of a first-of-its-kind regulation – specifically targeting the surface finishing industry for nationwide testing, monitoring and enforcement of new wastewater discharge requirements for PFAS chemicals.

Rare Media Coverage of the Finishing Industry on Capitol Hill – The Hill, one of the most widely read political news sites read by Congress, recently highlighted metal finishing and electroplating for the first time in recent memory after the industry was named explicitly in legislation to impose new requirements and potential liability on industry for PFAS use.

EPA Expands Chemical Regulatory Authority Under TSCA

EPA announced on September 28, 2021 that it is reversing its decades-old practice of exempting finished articles from regulation under the federal Toxic Substances Control Act (TSCA). Under the authority of TSCA, EPA evaluates potential risks from new and existing chemicals and takes actions to address any unreasonable risks that chemicals may pose to human health and the environment.

In the past, EPA’s practice has been to target the manufacture or import of individual chemicals or chemical mixtures, their use in industrial processes, and products where a regulated substance is the active ingredient, rather than finished articles. Pursuant to the recent change in statutory authority, articles of finished products containing chemicals that EPA is evaluating for risk will now be subject to regulation under TSCA.

EPA Says it’s Obligated to Regulate Articles

EPA officials have indicated that the agency is obligated to regulate articles containing chemicals because products often “break down” and chemicals in the articles are released into the environment and can result in harmful exposures.

Critics of this expanded authority claim that in many cases it is difficult for manufacturers and importers to know what levels of chemicals are in a product and whether the chemicals can be released from the product. This is particularly true now that levels of concern for some chemicals are measured in parts per trillion.

EPA has responded that manufacturers are already required to know what is in their products to comply with European Union regulations as well as U.S. federal and state regulations, that require reporting and labeling product that may contain chemicals identified as a substance of very high concern or whose use may pose an unreasonable risk.

Expansion of Authority has Implications for the Supply Chain

By expanding its regulatory authority under TSCA to essentially all manufactured products, manufacturers, importers, and customers will need to know more about the chemical substances contained in their products and the likelihood of any potential release of that chemical substance.

For example, surface finishers and their customers will have to know all of the chemical substances that may end up in the finished product, the likelihood that those chemical substance may be released from the typical use of the product, and the potential exposure routes and risks associated with any such release.

Increased Regulatory Burdens Ahead

This new approach will likely increase the regulatory burdens and stewardship efforts for many manufacturers beyond the raw materials and processes used to make those products. EPA has already begun to expand its regulatory authority under TSCA to articles containing chemical substances (e.g., see proposed reporting rule for PFAS discussed below).

NASF continues to work with the U.S. Chamber of Commerce and other industry trade groups to engage EPA officials on this new approach to regulating articles or finished products under TSCA. If you have any questions or would like additional information regarding this expansion of EPA’s chemical regulatory authority, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

NASF Submits Comments on PFAS Reporting Requirements

On June 28, 2021, EPA proposed Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) pursuant to TSCA Section 8(a)(7). NASF submitted comments indicated that the proposed rule did not consider the significant impact on small business, was overly broad, and would be unduly burdensome to the surface finishing industry. A summary of the NASF comments is provided below.

EPA Failed to Account for the Impact on Small Business – The proposed rule would require manufacturers and importers of PFAS (including importers of articles containing PFAS) to report information from the past ten years for each substance and mixture related to:

• chemical identity and molecular structure;

• categories of use;

• volumes manufactured and processed;

• byproducts resulting from the manufacture, processing, use and disposal;

• environmental and health effects;

• worker exposure; and

• method of disposal.

This includes information on all PFAS without any exemptions for de minimis amounts, small businesses or articles containing PFAS. EPA failed to account for the substantial impacts that this rule will have on small business and the surface finishing industry.

Before finalizing the rule, EPA must comply with its statutory requirements to gather input from small businesses potentially impacted by this proposal and consider options to minimize the burdens of the proposed rule on small businesses.

EPA Should Limit the Substances Subject to Reporting – EPA identified 1,346 PFAS on the TSCA Inventory, but in the preamble to the proposed rule EPA stated that this was not a comprehensive list of all PFAS subject to the rule.

Manufacturers would be required to determine whether additional substances are subject to reporting, thereby significantly increasing the burden of reporting and adding to the uncertainty of the proposal.

NASF requested that EPA limit reporting requirements to those PFAS known to be in commerce or a subset of those known to pose public health and environmental concerns.

EPA Should Provide Typical Exemptions for Reporting Requirements – The proposed rule does not include exemptions for reporting requirements that are typically provided for EPA reporting rules such as exemptions for de minimis levels, small businesses, and articles. To minimize the unnecessary burdens of this rule, NASF made several requests:

• EPA should limit reporting to those substances manufactured or imported in excess of threshold based on sound science policy and risk and appropriate policy considerations

• EPA should exclude small businesses from reporting based on the number of employees and revenues, consistent with other TSCA reporting requirements.

• Despite no mandate to include articles, EPA has determined that articles containing PFAS should be included in the scope of reportable chemical substances, even while acknowledging that some article manufacturers, including article importers, may not have such information. Manufacturers and importers of articles containing PFAS should not be subject to the reporting requirements.

For some metal plating applications, fume suppressants containing very small amounts of PFAS are used in the finishing process. To demonstrate that no amount of any PFAS is on the plated part or article, companies could be subject to expensive testing requirements to confirm that reporting is not necessary.

Reporting Expands to a Much Larger Universe

Requiring reporting by manufacturers and importers of articles that contain PFAS will increase the number of entities subject to this reporting rule by thousands, particularly if all large and small businesses must report any amount of any PFAS in articles.

Given the burdens associated with subjecting articles containing PFAS to reporting requirements and EPA’s failure to include the costs associated with reporting imported articles containing PFAS, EPA should delete the requirement for reporting of articles containing PFAS from the proposed rule.

The Ten-Year Reporting Period is Unduly Burdensome – EPA proposed that persons who have manufactured or imported PFAS over the past ten years would report to EPA for each PFAS.

Given the broad scope of chemistries covered by the definition of PFAS, gathering all the available requested data for ten years would represent an overwhelming burden to many companies subject to reporting.

Phased Approach to Reporting Is Appropriate – The proposed rule requires reporting that can impose a significant burden on a large number of entities. NASF requested that EPA consider requesting this data in a phased approach, whereby only the largest manufacturers and importers of PFAS are subject to the reporting requirements.

If the exemptions, clarifications, and revisions that NASF requested were implemented, EPA could significantly reduce these burdens on a large number of small businesses, without substantially reducing the amount of critical information it collects on the manufacture and import of PFAS.

By streamlining the reporting to the most useful and scientifically valid information in the first place, EPA can better fulfill the mandate to estimate the rulemaking’s economic impacts and burden.

EPA must complete the final reporting and recordkeeping requirements by January 1, 2023. NASF will continue to work cooperatively with EPA and other industry trade groups on this proposal. If you have any questions, would like additional information, or would like to discuss these comments, please contact Jeff Hannapel (jhannapel@thepolicygroup.com) of The Policy Group on behalf of the NASF.

COVID Emergency Temporary Standard May Be Extended Beyond Healthcare

OSHA has recently reconsidered the need for a broader COVID-19 emergency temporary standard (ETS) applicable beyond just the healthcare sector. President Biden’s recent decision to use a new COVID ETS focused on vaccinations and testing as a central element of his newly unveiled COVID-19 Action Plan raises a host of challenges for employers across the country. OSHA has moved quickly and the agency’s ETS was sent to the White House for rule review, hearing from outside industry and other groups, and for final regulatory approval.

OSHA has been expected to receive the ETS rulemaking package for release any time, and issuance in the coming days – early November – is anticipated.

Unlike the Executive Orders for federal employees and contractors and the expanded scope to healthcare workers (which included a fair amount of detail about how they would be implemented), the President’s announcement and new Action Plan about the OSHA ETS for general industry were essentially bare bones, with almost no detail about what will be in the ETS and how it will operate.

Critical Questions Need Answers

For example, the announcement did not provide specific direction or information to answer several critical questions regarding the scope and implementation of the ETS for general industry, including the following.

· How do employers count the 100-worker threshold (by establishment or company-wide, how do you count temp, part-time, and seasonal workers, does it count remote/telework staff, etc.)?

· Who pays for the testing program (employers or employees)?

· If employers have to pay for testing, is it just for the test kits, or also employees’ time getting tested?

· Under a work-required vaccine program, will days away for adverse effects of the vaccine have to be recorded on employers’ 300 Logs?

· If the FDA approves booster shots for the general population, will a booster shot be required to consider an employee fully vaccinated?

· Does the rule account in any way for natural antibody immunity for employees who have been infected and recovered from COVID-19?

· Assuming employers have to pay for time to get vaccinated and recover from ill effects of the vaccine, is there a limit to how much time?

· What type of test will be acceptable for the testing program?

· What documentation will be required to verify vaccination and testing status, and will employers have to keep those records, as employee medical records, for the life of employment + 30 years?

· Will there be time for the ETS to go into effect, or will testing be required for employees who are willing to get vaccinated until they can get vaccinated?

· Will there be conditions that could result in the ETS being shelved?

· If we achieve a 100% fully vaccinated workforce, can we dispense with all of the other COVID-19 protocols (i.e., distancing, masks, pre-work screening, etc.)?

· How will the rule intersect with the ADA/Title VII requests for medical and religious exemptions?

Industry needs these answers to determine how it may be impacted by the ETS. For several reasons, industry may have a great opportunity to provide meaningful and impactful comments on the ETS rulemaking.

First, the career staff at OSHA did not have advanced notice of the President’s announcement, so there was no foundational work on a draft rule and staff may not be as personally invested on any particular provisions or issues.

Second, this ETS would provide cover to employers who have wanted to set vaccine mandates, but were reluctant to do it unless or until others did the same (i.e., to help alleviate concerns about losing workers to neighboring businesses that had more relaxed COVID-19 policies).

Accordingly, the White House and OSHA have been viewed as open to specific input from industry about how best to implement the ETS for general industry.

NASF has continued to work closely with industry trade groups and coalitions to help shape the Administration’s COVID policies and ETS and the potential impacts on the surface finishing industry.

If you have any questions or would like additional information on these developments regarding COVID in the workplace, please contact Christian Richter or Jeff Hannapel with NASF at crichter@thepolicygroup.com or jhannapel@thepolicygroup.com.

NASF / Defense Workshop on Chromium Plating at SURFIN

The California Air Resources Board (CARB) continues to advance a new rulemaking to transition hexavalent chromium plating to trivalent chromium for decorative chromium plating, functional chromium plating and chromic acid anodizing.

In response to this rulemaking effort, NASF has scheduled a DoD Workshop on Hexavalent Chromium: Emerging California Restrictions & Implications for the U.S. Defense Supply Chain to be held at SUR/FIN in Detroit on November 3, 2021 from 1:15 to 4:00 PM eastern time.

The workshop will include the following presentations.

• Jeff Hannapel (NASF) – Summary of CARB Plan for Phase-Out

• Keith Legg (Corrdesa) – DOD Supply Chain Implications & SERDP/ESTCP Hexavalent Chromium Replacement Projects

• Steve Gaydos (NASF Technical Fellow) – Aerospace Applications and Alternatives

• Scot Bryant (Noblis) – Adoption of hexavalent Chromium-Free Surface treatment Technologies by DOD Organizations

• Tim Hall (Faraday Technology) & Doug Hughes (Macdermid Enthone) – Aqueous Trivalent Chromium Technology

• Doug Morrison (Trion Coatings) – Ionic Liquid Hard Chromium Process

The aim of workshop is to educate people on California’s efforts to phase-out hexavalent chromium processes, identify some of technologies to replace hexavalent chromium processes, and discuss the potential impacts on the surface finishing and defense industries and supply chain. It is intended to be an interactive session where audience contributions and participation are welcome.

We look forward to SUR/FIN in Detroit on November 3rd for this critical and informative workshop. If you have any questions or would like more information, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

Support the NASF 1000 Today!

All funds from the NASF 1000 program are used exclusively to support specific projects and initiatives that fall outside the association’s day-to-day public policy activities.

The commitment to this program is one of the most vital contributions made in support of surface finishing and directly shapes the future of the industry.

The sustained commitment from industry leaders has helped the NASF remain strong and credible in informing regulatory decisions across the nation.

Please consider supporting the NASF 1000 program. If you have any questions or would like additional information regarding the NASF 1000 program or the broad array of NASF public policy activities, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com or Christian Richter at crichter@thepolicygroup.com.

___________________________________________

If you have any questions or would like additional information on this matter, please contact Christian Richter at crichter@thepolicygroup.com, Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

To join NASF or find out more about membership, please contact Matt Martz at mmartz@nasf.org.

NEW ENGLAND CHAPTER ANNUAL FALL SEMINAR 2021

Date: October 13, 2021
Category: Chapter News, Member News, NASF Chapters, Regulation

NENASF logo

NEW ENGLAND CHAPTER ANNUAL FALL SEMINAR 2021

The New England Chapter of NASF was grateful to once again be able to host an in-person Seminar for the benefit of its membership and the entire metal finishing community. The event was held on Wednesday October 6, 2021. With the COVID pandemic having forced the adoption of a Virtual format for the past year and a half, the resumption of in-person meetings and the opportunity to not only learn but to network with fellow metal finishers was a welcome change and was enthusiastically received by all in attendance.

The event was once again a four-hour Continuing Education Conference offering continuing education contact hours towards Wastewater license renewal. This was especially significant being that 2021 is a WWT License renewal year for all licensed operators in Massachusetts. The Seminar consisted of four presentations over a four-hour period from 1:00 to 5:00 preceded by a luncheon for all attendees and speakers.

Matt Wright from HRP Associates opened the Seminar with a presentation entitled PFAS What Businesses Need to know stressing the importance of due diligence in preparing for regulatory enforcement of this emerging environmental hot-button issue. He stressed that saying “there is no PFAS in our plant” won’t be enough and everyone should be ready to back up statements with facts. This was followed by a presentation from Jim Walsh of MacDermid-Enthone on another hot-button issue, Sustainability. Jim gave examples of how correct equipment choices can not only lead to a company’s financial success but also to its future environmental success. David Calnan of CCI Chemicals followed with a presentation on Wastewater Treatment Options for the metal finishing industry stressing alternative treatment techniques and water recycling. The seminar closing speaker was Katherine Robertson of the Massachusetts Chemistry & Technology Alliance (MCTA) who gave an eye-opening update on the year-long Ad Hoc Toxic Use Reduction Act (TURA) Committee Hearings on reform to this burdensome Massachusetts environmental regulation and what metal finishers will be facing if certain regulatory changes become effective.

We continue to live in a very different world and it is encouraging that once again we were able to assemble for an in-person conference and networking that this event offered. We must continue to offer, through the combined efforts of NASF Board Members, Committee Members, Chapter Membership and dedicated and talented members of the Metal Finishing Community as a whole, events such as this which can be offered for the benefit of our membership.

EPA Will Set New PFAS Discharge Limits for Surface Finishing

Date: September 11, 2021
Category: Member News, NASF National, Regulation

EPA to Set New Federal Wastewater Discharge Standards

for PFAS in Surface Finishing Operations

September 9, 2021

The U.S. Environmental Protection Agency (EPA) has released its Preliminary Effluent Guidelines Program Plan 15 (Preliminary Plan 15), announcing that it will commence a rulemaking process to set first-time ever wastewater discharges for PFAS from key industries.

The agency’s announcement was not unexpected, and its effort will focus on chromium plating and related processes in the surface finishing industry as well as certain chemical manufacturers and formulators of PFAS.

The announcement follows extensive discussions between NASF and senior EPA officials since the Trump administration released its PFAS Action Plan in 2019. The plan prioritized surface finishing and other industries for potential water regulation under the Clean Water Act’s effluent guidelines program.

Industries Impacted Under New PFAS Rulemaking Process

After concluding several studies that EPA launched in 2018, the agency has determined that revised effluent limitations guidelines (ELGs) and pretreatment standards are warranted for:

Organic Chemicals, Plastics and Synthetic Fibers (OCPSF) — EPA listed this category to address per- and polyfluoroalkyl substances (PFAS) discharges from facilities manufacturing PFAS (which includes chemical formulators in this source category). EPA identified six OCPSF facilities that currently manufacture PFAS in the US.

EPA also identified eight additional OCPSF facilities that use PFAS feedstocks to formulate other products. EPA has not developed a comprehensive list of all PFAS manufacturers and formulators in the U.S. and considers it probable that there are many more OCPSF facilities using PFAS that EPA has not yet identified.

Metal Finishing — The agency plans to revise the existing Metal Finishing Effluent Guidelines (40 CFR Part 433) to address PFAS discharges primarily from chromium electroplating facilities, based on the information collected through earlier studies.

NASF has been working closely with EPA officials on various aspects of PFAS use in the industry and will continue to do so through the next stages in the rulemaking development process. To inform the discussion with EPA and various state agencies, NASF has created a web-based PFAS Resource Center, which can be accessed here. Watch for new updates to the site soon.

The EPA Preliminary Effluent Guidelines Program Plan 15 is available here.

Launching the Rulemaking Process, Collecting Industry Data

EPA will initiate a multi-year rulemaking process of collecting data on existing PFAS discharges levels, identifying available treatment technologies for PFAS discharges, and conduct a formal assessment of technical and economic feasibility for available treatment technologies to determine what pretreatment standards may be appropriate.

EPA’s action to advance a rulemaking for the metal finishing category could allow the agency to proceed without an accelerated legislative mandated schedule prescribed by Congress. The House has passed language in the recent infrastructure bill targeting metal finishing and several other sectors for urgent action on PFAS, but the Senate’s measure did not include these provisions.

EPA has not yet announced a timetable for the rulemaking process, and has invited NASF to provide information and further input on the rulemaking development process.

Further Review of Other Industries

As part of Preliminary Plan 15, EPA also announced that it would be conducting further research and studies regarding discharges of PFAS to determine if a rulemaking is warranted for the other industry categories, including:

· landfills,

· pulp, paper, and paperboard facilities,

· textile and carpet manufacturers, and

· commercial airports.

NASF Meetings Ahead with EPA

NASF will be meeting again shortly with EPA officials and will provide NASF members with updates on the rulemaking process.

If you have any questions regarding EPA’s action, please reach NASF by contacting Christian Richter at crichter@thepolicygroup.com or Jeff Hannapel at jhannapel@thepolicygroup.com.

← Older posts Newer posts →

News

Archives

Categories

New England Chapter – NASF Spring Seminar Recap

NENASF ANNUAL RCRA TRAINING AND WASTEWATER SEMINAR 2022

NASF Public Policy Update

March 2022

NEW ENGLAND CHAPTER HOSTS SPRING SEMINAR

NEW ENGLAND CHAPTER HOSTS VIRTUAL SEMINAR

MCTA UPDATE

NASF Public Policy Update January 2022

NASF Public Policy Update

January 2022

NASF Public Policy Update December 29, 2021

2021 New England Surface Finishing Regional & Annual Foundation Award

NASF POLICY UPDATE

NEW ENGLAND CHAPTER ANNUAL FALL SEMINAR 2021

NEW ENGLAND CHAPTER ANNUAL FALL SEMINAR 2021

EPA Will Set New PFAS Discharge Limits for Surface Finishing

EPA to Set New Federal Wastewater Discharge Standards

for PFAS in Surface Finishing Operations