EPA issues Final Rule for regulating formaldehyde emissions

Six years after the passage of the Formaldehyde Emission Standards for Composite Wood Products Act of 2010 (42 U.S.C. 2697), the US Environmental Protection Agency (EPA) has issued its final rule implementing the Act (Final Rule). The Final Rule—based on the formaldehyde regulation released by the California Air Resources Board (with which EPA collaborated in formulating the Final Rule)—seeks to reduce exposure to formaldehyde vapors by establishing emission standards and labeling requirements for certain wood products.

Final rule seeks to reduce exposure to formaldehyde vapors by establishing emission standards and labeling requirements for certain wood products.

Formaldehyde is a chemical that is commonly used in wood glue for furniture and flooring. Some studies have linked formaldehyde to nasopharyngeal cancer, eye irritation, and respiratory problems, while other studies have raised questions about the chemical’s potential role in causing asthma and allergic conditions, particularly among children.

In 2008, in response to these health concerns, California became the first US jurisdiction to issue emission limits on formaldehyde in building materials and furniture used in homes. Two years later, the US Congress enacted the Formaldehyde Emission Standards for Composite Wood Products Act, which added Title VI to the Toxic Substances Control Act (TSCA). This Act directed EPA to issue regulations implementing the Act.

The Final Rule sets formaldehyde emission standards applicable to hardwood plywood, medium-density fiberboard and particleboard, and finished goods containing these products that are sold, supplied, offered for sale, imported into, or manufactured in the United States. To show that they are in compliance with the emission standards, within one year, these products will need to be labeled as TSCA Title VI compliant. Furthermore, the Final Rule establishes an EPA TSCA Title VI Third-Party Certification Program to ensure that composite wood panel producers comply with the emission limits. Under this program, Third-Party Certifiers (TPCs) will regularly inspect composite wood panel producers and conduct emissions tests. TPCs who wish to participate in the program must apply to EPA for approval and receive program recognition before certifying products.

Products that contain de minimis amounts of composite wood products (defined as products containing 144 square inches or less of regulated composite wood products) are exempt from the labeling requirements.

Some small businesses have argued that the rule’s testing, labeling, and record-keeping requirements will disproportionally impact smaller firms that aren’t equipped to handle additional costs.

EPA plans to regulate carbon emissions from aircraft

The US Environmental Protection Agency on Monday announced plans to limit carbon emissions from aircraft.

The EPA issued a final scientific assessment that concluded that carbon emissions from aircraft endanger public health and welfare, a legal prerequisite the agency must take before regulating those emissions.

EPA officials said last year when first proposing the aircraft scientific assessment that any regulation would be implemented in coordination with the International Civil Aviation Organization, a branch of the United Nations, which is drafting a global standard for airline carbon emissions.

Emissions from aircraft represent about 2% of total global carbon emissions, and the U.S. is the largest contributor to global aviation greenhouse gasses, according to federal data. The EPA said aircraft are the third-largest source of greenhouse gas emissions in the U.S. transportation sector, accounting for about 3% of such emissions in the country.

EPA has already set effective GHG standards for cars and trucks. EPA anticipates moving forward on standards that would be at least as stringent as ICAO’s standards.

Military and small piston-engine planes often used for recreational purposes would be exempt from the new regulation. Excluding these two categories, the EPA’s scientific finding applies to 89% of all U.S. aircraft carbon emissions.

Airlines for America, the trade association representing U.S. airlines and air cargo carriers, said it commends the EPA’s action because it is working within the coming international framework.

In 2009 the International Air Transport Association, a global trade group, agreed to achieve carbon-neutral growth by 2020, meaning any future growth in air travel wouldn’t produce a net increase in carbon emissions.

Then, from 2020 through 2050, the industry aims to reduce its 2005 emission levels by half, largely through the use of sustainable fuels. The effort to use sustainable fuels has already started, and manufacturers and airlines support of alternative fuels is high.

Carbon management.

EPA to regulate aircraft emissions.

To that end, the US biofuels leader, Amyris, Inc. and oil company Total have partnered to develop an alternative aviation jet fuel made with a sustainably-sourced hydrocarbon using Amyris’s proprietary synthetic biology platform. In 2014, Amyris received industry acceptance and regulatory approval for renewable jet fuel in key U.S., European and Brazilian markets. The New York Times writes that Amyris renewable jet fuel “holds the elusive promise of better energy security, reduced carbon emissions, and lower fuel costs. Amyris’ jet fuel can reduce greenhouse gas emissions by up to 80 percent compared with petroleum fuels, when compared unmixed to petroleum fuels on a one-to-one basis, according to Amyris. Renewable fuels like Amyris farnesane ‘would help reduce the carbon footprint of commercial aviation,’ the Federal Aviation Administration said.”

Amyris announced that, on May 29, 2016, Cathay Pacific commenced a two-year program of flights from Toulouse to Hong Kong using Amyris renewable jet fuel.  The initial 12-hour flight was the longest flight using a renewable jet fuel to date, further underpinning the ‘drop-in’ characteristics of Amyris Biojet fuels. Cathay took delivery of a new Airbus A350-900 that flew from the Airbus facility in Toulouse, France, to Hong Kong using a 10% biofuel jet blend provided by Amyris with the commercial and industrial support of Total S.A. The combination of the new airplane’s improvements in fuel efficiency (about 25% better than current aircraft) and the fuel’s properties resulted in an estimated 30% reduction in CO2 emissions according to Cathay when compared to comparable flights in recent-generation aircraft using fossil fuels.

Why SaaS multitenancy is key to successful and sustainable EHS management

A recently published survey by a research analyst firm indicates that 90 percent of EHS software applications installed today are single-tenant on customer premises or single-tenant, vendor hosted.  Only 10 percent are multitenant, vendor-hosted. In other words, most of the vendors in the EH&S space do not run a single version of their software maintained at one location. Instead, they run multiple copies at a single or multiple locations, with the high likelihood that these multiple copies are not alike, but instead represent multiple versions or contain specific customizations for individual customers. This model is crushing their growth and scalability potential.

Locus delivers EHS+S SaaS solutions as highly scalable, Software as a Service (SaaS) application and platform services on a multitenant technology architecture. Multitenancy is an architectural approach that allows Locus to operate a single application instance for multiple organizations, treating all customers as separate tenants who run in virtual isolation from each other. Customers can use and customize an application as though they each have a separate instance, yet their data and customizations remain secure and insulated from the activities of all other tenants. Locus multitenant services run on a single stack of hardware and software, which is comprised of commercially available hardware and a  combination of proprietary and commercially available software. As a result, Locus can spread the cost of delivering EHS SaaS services across user base, which lowers the cost for each customer. Also, because Locus does not have to manage thousands of distinct applications with their business logic and database schemas, we believe that we can scale our business faster than traditional software vendors. Moreover, we can focus our resources on building new functionality to deliver to customer base as a whole rather than on maintaining an infrastructure to support each of their distinct applications.

Multitenancy also allows for faster bug and security fixes, automatic software updates and the ability to deploy major releases and frequent, incremental improvements to Locus’ services, benefiting the entire user community. Our services are optimized to run on specific databases and operating systems using the tools and platforms best suited to serve customers rather than on-premise software that must be written to the different hardware, operating systems and database platforms existing within a customer’s unique systems environment. Locus developers build and support solutions and features on a single code base on our chosen technology platform. Locus efforts are focused on improving and enhancing the features, functionality, performance, availability and security of existing service offerings as well as developing new features, functionality, and services.

Locus customers and third-party developers can create apps rapidly because of the ease of use of Locus Platform and the benefits of a multitenant platform. Locus provides the capability for business users to configure applications easily to suit their specific needs.

Also, Locus multitenant cloud platform makes it possible to use a remarkably small number of servers as efficiently as possible. When organizations move business applications to Locus, they can significantly reduce their energy use and carbon footprints compared to traditional on-premises or single-tenant or ASP solutions

Locus built and maintains a multitenant application architecture that has been designed to enable service to scale securely, reliably and cost effectively. Locus’ multitenant application architecture maintains the integrity and separation of customer data while still permitting all customers to use the same application functionality simultaneously.

Both Locus and its data centers providers hold independent  AICPA SOC1 (SSAE16)  and SOC2 certification.

Locus Technologies introduces indoor air management application

The Locus indoor air management application is fully integrated with the dynamic Locus Platform and will automate indoor air management for small and large enterprises.

MOUNTAIN VIEW, Calif., 6 June 2016 — Locus Technologies (Locus), the leader in cloud-based environmental compliance and sustainability management software, introduces an all-new vapor intrusion and indoor air management application to its newest platform to redefine how companies organize, manage, and report their indoor air and vapor intrusion data. The Locus platform— a true, multi-tenant SaaS— offers a highly configurable, user-friendly interface to meet individual organizations’ environmental management needs.

Indoor air quality is becoming an important environmental and chemical exposure challenge for many companies whose properties may be impacted by contaminated groundwater or soil that release vapors or fumes.  Once the indoor air quality problem is identified, it follows a lengthy investigation that can involve several phases of sampling (including soil-gas, subslab, pathway, and ambient indoor air samples) using either active or passive sampling techniques. Samples are typically composited over time periods that can range from hours to weeks. A substantial amount of additional metadata is collected surrounding each sampling event, including information on the building construction, layout, occupancy, chemical use, and heating and ventilation systems.

All these activities generate large quantities of data, which until now were managed primarily by spreadsheet scattered on laptops or desktops. Locus’ new application brings an organized approach and workflow process to schedule, sample, and manage analytical results stemming from investigation and ongoing monitoring programs. Tools are also included to track the status and effectiveness of mitigation efforts related to indoor air quality. The data are easily summarized for review through reporting and built-in mapping tools, which can identify adjacent properties at potential risk for indoor air quality issues. Plus, if a customer is already a subscriber to Locus EIM, Incidents, or other Locus Platform applications, they can correlate data among various applications and facilitate finding the cause of degradation of the indoor air quality.

“Indoor air quality and vapor intrusion are gaining more and more attention from regulators, property owners, and managers of environmental sites. These projects generate a large volume of structured and unstructured data as part of the investigation and mitigation processes.  To successfully compile and review this information, companies need a software that can manage these various data types and allow quick review and decision making. The right software can reduce the stress, time, and potential inaccuracies associated with these projects.” said Wes Hawthorne, Senior Vice President of Locus.

The new TSCA law not REACH (in data requirements)

After a bipartisan accord, the US Congress overhauled the 40-year-old Toxic Substances Control Act (TSCA), with legislation to give the EPA greater powers to regulate about 100 hazardous chemicals. This is the first major statutory update to US environmental law that’s been passed in over 25 years. On a 403-12 vote, the U.S. House of Representatives on 24 May 2016 approved bipartisan legislation to amend the key provisions of the TSCA.

Under existing law, the Environmental Protection Agency (EPA) has succeeded in regulating only five toxic chemicals since 1976, prompting public health advocates to decry TSCA as broken. Part of the problem is that the law grants EPA only 90 days to decide whether a new chemical poses “unreasonable risk” before it can enter the market, and agency officials say they rarely get the toxicity data they need to make that call in time.

The compromise legislation will remove those procedural hurdles, require EPA to focus on “high priority” chemicals such as arsenic and asbestos, and give the agency new tools to collect data from companies. It also grandfathers in some existing state chemical safety laws, such as those enacted under California’s Proposition 65, but limits states’ authority to create their own restrictions on chemicals in the future. State pre-emption was a key point of contention between Democrats and Republicans during negotiations.

So how does the new TSCA law compare to the EU REACH program? REACH (Registration, Evaluation, Authorization and Restriction of Chemical substances) is a regulation of the European Union, adopted to improve the protection of human health and the environment from the risks that can be posed by chemicals. REACH also promotes alternative methods for the hazard assessment of substances to reduce the number of tests on animals. Under the REACH Regulation, companies are responsible for providing information on the hazards, risks and safe use of chemical substances that they manufacture or import.

One notable difference between  REACH and TOSCA is how they support downstream users in implementing their chemicals management programs. Regarding knowing chemicals in products, REACH provides clear direction that downstream users must communicate uses up to suppliers and know and publicly disclose (if requested) if their product contains substances of very high concern (SVHC). The TSCA  does essentially nothing to support downstream users in knowing chemicals in products and disclosing them to the public, and its requirements for upstream communication to suppliers on uses are uncertain.

Significantly, REACH requires companies to provide minimum data sets on the inherent hazards of chemicals. This data enables downstream users to evaluate and compare chemicals on their hazard characteristics. TSCA, while expanding the ability of the US EPA to require testing of chemicals, explicitly prohibits the agency from requiring minimum data sets.

While it is important to avoid the unnecessary testing of chemicals, it is also vital to have a data set on chemicals that enable their comparison on a common set of endpoints. The EPA needs the authority to establish a minimum data set on chemicals, although this may differ depending on the specific chemical.

On assessing the hazards of chemicals, the new  US law falls short of REACH and impedes harmonizing European and US requirements for chemical testing. Given that most US chemical companies sell into the European market, and therefore are already meeting those requirements, it is inefficient and wasteful to establish a totally separate testing regime in the US.

To support the use of inherently safer chemicals, REACH provides a clear and more streamlined process for identifying and restricting SVHCs. Over the course of seven years, the Regulation has identified 161 Candidate SVHCs, while over five years, the  US bill only requires the designation of 25 high priority chemicals and with new law extending that number to about 100 chemicals. Harmonization, consistency, and predictability are critical for downstream users, and these elements are all lacking in the new TSCA law.

 

Los Alamos National Laboratory expands scope to Locus Technologies SaaS contract

Los Alamos National Laboratory adds two new applications to Locus SaaS platform

MOUNTAIN VIEW, Calif., 5 May 2015 — Locus Technologies (Locus), the industry leader in cloud-based environmental software, announced today that Los Alamos National Laboratory (LANL) has added two new key projects to the Locus EIM Software-as-a-Service (SaaS) contract.

LANL is a United States Department of Energy (DOE) national laboratory, managed and operated by Los Alamos National Security (LANS), located in Los Alamos, N.M. LANL conducts multidisciplinary research in national security, outer space, renewable energy, medicine, nanotechnology, and supercomputing. LANL is one of three laboratories in the United States at which the government conducts classified work to care for the nation’s nuclear weapons stockpile.

New work scope areas added to the contract include software applications to support the laboratory’s Multi-Sector General Permit (MSGP) and support for the Automatic Waste Determination process for safe and proper disposal of hazardous and radiological waste streams.

The original contract between LANL and Locus began in 2011. LANL will continue to use Locus’ SaaS Environmental Information Management software (EIM) to address legacy site compliance and to take a better aggregate view of its operations for environmental stewardship.

Why visibility on environmental health & safety compliance is still so important (yet another example)

Just this week, a subsidiary of Talus LLC was hit with a $4 million fine, $200,000 in community service payments and three years of probation for EHS violations and violations of the Clean Water Act.

According to the U.S. Attorney’s Office for the Eastern District of Louisiana, Talos Energy Offshore, LLC, will be required to comply with a Safety and Environmental Compliance Plan.  One of the more surprising findings was the violation of the Clean Water Act.  The company reportedly tampered with the method of collecting the monthly overboard produced water discharge samples to be tested for oil and grease based on its NPDES permit.  They were also fined for other various EHS violations related to offshore operations.

Although good environmental data management and a comprehensive Safety and Environmental Compliance Plan can’t entirely prevent humans from making errors, it can provide the structure and tools to ensure that companies are following environmental requirements.  It also provides visible mechanisms to track compliance and identify corrective actions. The fact that the findings from the U.S. Attorney’s office required the company to follow a Safety and Environmental Compliance Plan strongly suggests they did not have one in place at all.

Cases like this are a good reminder that companies can’t expect to stay in compliance with the myriad of regulations and requirements without a solid environmental plan, and the right tools to make that plan work.

If your organization is ready for a better compliance management system, here is a good place to start:

  • Step 1:  Know and document what rules and regulations you must follow— this is the hard part.
  • Step 2:  Get requirements into a shareable environmental compliance software system. And when you’re offshore, the best solution is in arguably a cloud software system, so that employees and stakeholders in any location can monitor and track real-time performance. And don’t forget to make sure the solution you choose can provide updates and alerts when relevant regulations change.
  • Step 3:  Trust, but verify— have the checks and audits set up and performed regularly, to find issues before the regulatory agencies find them.
  • Step 4:  Log in and view your status, issues, audits, findings and key metrics.

Once you put a well-thought-out plan in action, you will be amazed at how much easier it is to manage your environmental compliance— on or offshore.

Locus has been awarded by the Environmental Business Journal (EBJ) for a tenth year running!

Environmental Business Journal (EBJ) Recognizes Firms for Growth and Innovation in 2015

MOUNTAIN VIEW, CA–(Marketwired – February 02, 2016) — Locus Technologies announced today that Environmental Business Journal (EBJ), a business research publication which provides high value strategic business intelligence to the environmental industry, granted the company the 2015 award for Information Technology in the environmental and sustainability industry for the tenth year running.

Locus was recognized for continuing its strategic shift to configurable Multitenant pure Software as a Service (SaaS) EHS solutions and welcoming new, high profile customers. In 2015 Locus scored record revenue from Cloud software with annual growth over 20 percent. Locus also achieved a record renewal rate of 99 percent and signed up new customers including Shell Oil Company, Philips 66, Ameresco, California Dairies, Cemex, Frito-Lay, Genentech, Lockheed Martin, PPG Industries, United Airlines and US Pipe & Foundry. Locus also became the largest provider of SaaS environmental software to the commercial nuclear industry; currently over 50 percent of U.S. nuclear generating capacity uses Locus’ flagship product. Locus’ configurable Locus Platform gained momentum in 2015 with new implementations in the manufacturing, agricultural and energy sectors, including a major contract with Sempra Energy for greenhouse gas management and reporting.

“Locus continues to influence the industry with its forward-thinking product set, pure SaaS architecture, and eye for customer needs,” said Grant Ferrier, president of Environmental Business International Inc. (EBI), publisher of Environmental Business Journal.

“We are very proud and honored to receive the prestigious EBJ Information Technology award in environmental business for a tenth time. We feel it is a testament to our unwavering commitment and dedication to accomplish this level of recognition, especially now as we lead the market by providing robust solutions for the emerging space of cloud and mobile-based environmental information management,” said Neno Duplan, President and CEO of Locus Technologies.

The 2015 EBJ awards will be presented at a special ceremony at the Environmental Industry Summit XIV in San Diego, Calif. on March 9-11, 2016. The Environmental Industry Summit is an annual three-day executive retreat hosted by EBI Inc.

Senate Passes Overhaul of TSCA – Chemical Safety Rules

The Senate voted last December to approve a sweeping bipartisan chemical safety bill after years of work and months of tense negotiations.

The primary law overseeing the safety of chemical products—the Toxic Substances Control Act (TSCA)—was passed in 1976 and provides the U.S. Environmental Protection Agency (EPA) authority to review and regulate chemicals in commerce. TSCA was designed to ensure that products are safe for intended use. While the law created a robust system of regulations, over time, confidence in EPA’s regulation of chemicals has eroded.

The Frank R. Lautenberg Chemical Safety for the 21st Century Act, named after the late New Jersey senator, updates the 1976 TSCA to give the Environmental Protection Agency (EPA) broad new powers to study and regulate harmful chemicals like asbestos, while restricting states’ individual abilities to make their own rules. Lautenberg had made chemical reform his top priority before his death in 2013.

The bill would eventually require testing for every chemical currently in commerce, and any new chemicals. The EPA decisions about chemicals would have to be made solely on the basis of the impact on health and the environment, not the compliance costs.

But the legislation also has significant provisions that the chemical industry asked for, such as restrictions on what states can do on their own, which the industry said is essential for certainty and to avoid a patchwork of rules.

The House passed its own chemical reform bill in June 2015. The Senate sponsors said they plan to work with the House toward a compromise measure.

Key Points of the Bill

Some of the highlights, as outlined in a summary of the Senate bill, are:

  • Arequirement that the EPA review the safety of all chemicals in commerce;
  • New chemicals must pass a safety check before they can be sold on the market;
  • An explicit requirement to protect populations whose exposures, age or other conditions make them vulnerable to chemicals;
  • New authority for the EPA to require companies to test new and existing chemicals for safety; and
  • EPA can retain enacted state regulations and laws for chemicals, but temporarily stop new regulations while the agency is assessing a chemical’s risks.

Other provisions include minimizing animal testing, the establishment of a federal sustainable chemistry program, interim storage by mercury generators and a prohibition on the export of certain mercury compounds.

Locus Technologies introduces new calculation engine for GHG emissions inventories

Locus GHG calculation engine eases compliance burdens for GHG tracking

GHG inventories may be the result of mandatory state, regional, or national reporting programs, such as California Air Resource Board (AB32), U.S. EPA Mandatory Reporting Rule, or European Union Emissions Trading Scheme (EU ETS). Organizations need a GHG calculation engine that can calculate GHGs automatically and accurately from all emission-producing activities at all of their facilities anywhere in the world. The new Locus calculation engine supports simultaneous calculations using multiple methods so that users can input data once and report to federal, state, and voluntary reporting programs according to each proper protocol.

The requirements and procedures for GHG reporting are varied, complex, and rapidly evolving. To ensure compliance, companies need a calculation engine that can handle complex equations using appropriate emission factors, conversion factors, and calculation methodologies for each reporting program. The right calculation engine can reduce the stress, time, and potential inaccuracies found in home-grown accounting methods.

New GHG calculation engine removes reporting inaccuracies

As a leading accredited GHG verification company in California, Locus observed challenges that many companies experience with GHG inventory calculation, coupled with the gross inadequacy of tools previously available in the market. Informed by the verification of hundreds of inventories, Locus developed the new calculation engine.

When evaluating carbon management software with built-in calculation engines, companies must ensure that users are able to define both the calculation rules and display of calculated data for the purpose of reporting to various regulators. By giving end users the power to view, analyze, and make changes to analytic model data, Locus helps companies emphasize the transparency of the process and ensure that calculations are correct and that the company meets all verification requirements.

Find out more about Locus’ new GHG calculation engine for tracking emissions inventories.

Check out our white paper “How to Select the Best Greenhouse Gas Calculator for Your GHG Inventory”.