Enviromental Mentor

EnviroMentor
Volume 12 Number 3
Atechnical publication of ASSEs Environmental Practice Specialty
PAGE10 INTERVIEW Safetys Role in Sustainability
What You Should Know & How They Affect You
Environmental Assessments & Trends

While there are many denitions for risk, EPA considers risk to be the chance of harmful effects to human health or to ecological systems resulting from exposure to an environmental stressor.
PAGE14 GREEN BUILDINGS Gaining Popularity
PAGE18 TOXIC SPILL Leaves Questions for Hungary
D
To arrive at the health of the environment, EPA uses risk assessment to characterize the nature and magnitude of health risks to humans (e.g., residents, workers and recreational visitors) and ecological receptors (e.g., birds, fish, other wildlife) from chemical contaminants and other stressors that may be present in the environment. Similarly, state agencontinued on page 4
PAGE22 NATURE LAWS Argentinas Environmental Regulations
egulatory agencies use environmental assessments as the best available indicators of information on national conditions and trends in air, water, land, human health and ecological systems. The results from these assessments are used in legislative discussions and proceedings to promulgate laws and regulations that have far-reaching impacts and consequences on many industries and companies across the country.
BY ASPET S. CHaTER, ERM, CHMM, REM, REA-I
For a complete Table of Contents, see page 3
1 EnviroMentor www.asse.org 2013
ADMINISTRATORS MESSAGE
EnviroMentor
ENVIRONMeNTAL PRACTICe SpeCIALTY
elcome new members and thank you to the volunteers who have stepped up to participate on the Advisory Committee. We have held successful open membership calls over the last several months with dynamic discussions. As environmental practitioners, we are busy completing regulatory reporting as required by law and are working on new projects and goals. These goals are not only for our employers, but for us on a personal and professional level. Please visit the Environmental Practice Specialty (EPS) website for our strategic plan and consider participating in EPS as part of your goals. There is so much emphasis on sustainability today. A search of EPAs website for sustainability yields 12,900 results, and Google lists 113,000,000 results. Do you know how many sustainability items are in ASSEs Body of Knowledge (BOK)? Send me your answers, and the correct one will be published in the next issue of EnviroMentor. As we prepare for Safety 2013 in Las Vegas, NV, EPS will provide MARY PRISBY a free webinar on sustainability and environmental management system tools. EPS will also sponsor several sessions at the conference on topics, such as sustainability, management principles, asbestos and energy management. Click here for more information on Safety 2013. We are also reaching out to sponsors for our networking session. Herbert Bell and Jessica Morales are busy planning this event. Please contact them with any questions. The Advisory Committee has met every month this year to ensure that we are providing quality content to our members. We continue to seek articles for EnviroMentor. One EPS goal for 2013 is to update and provide a guide of members who can provide insight, analysis and expertise as subject matter experts in a variety of compentencies in the environmental field. This Subject Matter Expert Guide will be posted in the BOK and will provide an easy way to identify and connect with these experts in the environmental profession. If you are interested in being a subject matter expert, or know someone, please contact Caitlin Anderson or through LinkedIn. Remember, please join us at the EPS Networking Session, which will be held on Tuesday, June 25th at 6:00 p.m. in the Las Vegas Convention Center, Room N101/102. Finally, please remember to visit our website for the latest information. Send any comments to Jay Brakensiek or to me.
ReADY FOR SAFeTY 2013
OFFICers
Administrator MARY PRISBY (630) 390-5545
ehsmlprisby@mwt.net
Assistant Administrator JAY BRAKENSIEK (909) 621-8538

jayb@cuc.claremont.edu
Secretary RAmA K. CHARY
charyrk@gmail.com
Publication Coordinator HERBERT BELL (909) 348-7483

hbell@iess-safety.com
ResoUrCe SNapshoT
Environmental Information Body of Knowledge Journal of SH&E Research International Resource Guide Networking Opportunities Publication Opportunities Volunteer Opportunities
ASSESTAFF
Staff Liaison KRISTA SONNESON
ksonneson@asse.org
Communications Specialist JOLINDA CAppELLO

jcappello@asse.org
Publication Design SIOBHAN LALLY

slally@asse.org
EnviroMentor is a publication of ASSEs Environmental Practice Specialty, 1800 East Oakton St., Des Plaines, IL60018, and is distributed free of charge to members of the Environmental Practice Specialty. The opinions expressed in articles herein are those of the author(s) and are not necessarily those of ASSE. Technical accuracy is the responsibility of the author(s). Send address changes to the address above; fax to (847) 768-3434; or send via e-mail to customerservice@asse.org.
C O N T E N T S
Volume 12 Number 3
PAGE
1 ENVIRONMeNTAL AssessMeNTs
By Aspet S. Chater
& TReNDs: WHAT YOU SHOULD KNOw & HOw THeY AFFeCT YOU
To preserve and protect the environment, as well as to promote economic growth and prosperity, the U.S. needs a regulatory system that incorporates improved risk assessment process, elimination of redundant rules, common-sense cost-benefit analysis, regulatory reform and enforcement priorities.
PAGE
18
HUNGARYs TOXIC SLUDGe SpILL

By Jolinda Cappello An overview of the October 2010 red aluminum sludge spill that engulfed three towns in Veszprm County, Hungary.
PAGE
8 EPA IssUes STANDARDs

FOR
MeRCURY POLLUTION
PAGE
22
EPA has issued mercury and air toxics standards to reduce the emissions of dangerous pollutants such as arsenic, acid gas, nickel, selenium and cyanide.
PAGE
INTO SUsTAINABILITY
Tom Cecich, a member of ASSEs board of directors and board chair for the Center for Safety and Health Sustainability, explains what can be done to better integrate safety into sustainability initiatives.
10 INTeGRATING SAFeTY
ARGeNTINA ENVIRONMeNTAL SAFeTY

Argentinas national constitution establishes the right of all citizens to enjoy a healthy, balanced and suitable environment and also includes a provision on preserving the environment.
PAGE
14 RATING GReeN BUILDINGs

By Cicely Enright More property investors and tenants are demanding space that has earned Leadership in Energy and Environmental Design (LEED) certification or Energy Star rating.
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as chemicals, land change, disease, invasive species and climate change. Risk assessment is a scientific cies use risk assessment strategies to process. Factors to consider include: develop environmental standards. how much of a chemical is presWhile there are many definitions ent in an environmental medium for risk, EPA considers risk to be the (e.g., soil, water, air); chance of harmful effects to human how much contact (exposure) health or to ecological systems result- a person or ecological receptor has ing from exposure to an environmen- with the contaminated environmental tal stressor. Also, according to EPA, medium; and a stressor is any physical, chemical the inherent toxicity of the or biological entity that can induce an chemical. adverse response. Important factors, such as variOverall, the Stressors may ability, uncertainty and probabilistic affect modeling, should be considered health of the adversely specific natural since any one of these factors can resources or affect risk assessment outcomes and U.S. population entire ecosyshas continued to tems, including key indicators. VARIABILITY and aniimprove. Mortality plants Variability refers to the range mals, as well as rates continue the environment of toxic response or exposure. For which they example, the dose that might cause to decline and with a toxic response can vary from one interact. person to the next depending on As per EPA, life expectancy those who are in factors, such as genetic differences, continues to a position to help preexisting medical conditions, etc. Exposure may vary from one person decide to increase. and to the next depending on factors, protect humans such as where one works, time spent and the environment from stressors or contaminants are called risk man- indoors or out, where one lives, how much people eat or drink, etc. agers, which include: federal or state officials whose UNCeRTAINTY job it is to protect the environment; Uncertainty refers to the inability business leaders who work at to know for sure; it is often due to companies that can impact the enviincomplete data. For example, when ronment; or assessing the potential for risks to private citizens who make decipeople, toxicology studies generally sions regarding risk. involve dosing of sexually mature test animals, such as rats, as a surRIsk AssessMeNT rogate for humans. Since it is not Risk assessment is performed in two distinct areas: human health and known how differently humans and ecological risk. A human health risk rats respond, EPA often employs assessment is the process to estimate the use of an uncertainty factor to the nature and probability of adverse account for possible differences. Additional consideration may also health effects in humans who may be exposed to chemicals in contami- be made if there is some reason to believe that the very young are more nated environmental media, now or susceptible than adults or if key toxiin the future. On the other hand, an cology studies are not available. ecological risk assessment is the process of evaluating how likely it is PROBABILIsTIC MODeLING that the environment may be impactA related term, probabilistic ed as a result of exposure to one or modeling is a technique that uses the more environmental stressors, such entire range of input data to develop a
4 EnviroMentor www.asse.org 2013 Environmental Assessments & Trends continued from page 1
probability distribution of exposure or risk rather than a single point value. The input data can be measured values and/or estimated distributions. Values for these input parameters are sampled thousands of times through a modeling or simulation process to develop a distribution of likely exposure or risk. Probabilistic models can be used to evaluate the impact of variability and uncertainty in the various input parameters, such as environmental exposure levels, fate and transport processes, etc. Results from human health and ecological risk assessments are used not only to evaluate the health of the environment, but they offer how key indicators (pollutants, chemicals or toxins) are trending. As per EPAs 2008 Report on the Environment, following are key indicator trends. OUTDOOR AIR Nationwide, emissions of criteria pollutants (or the pollutants that form them) due to human activities have decreased. Between 1990 and 2002, emissions of carbon monoxide, volatile organic compounds (which lead to the formation of ozone), particulate matter, sulfur dioxide and nitrogen oxides (which lead to the formation of ozone and particulate matter) decreased by differing amounts, ranging from 17% to 44%. For lead, emissions have decreased by 99%, but this reduction is based on data that span a longer timeframe (1970 to 2002). Outdoor air concentrations of carbon monoxide, lead, nitrogen dioxide, ozone and particulate matter have decreased over the decades during which the current nationwide monitoring network has operated. These reductions are consistent with the observed decreases in emissions mentioned previously. In most or all of the U.S., outdoor air concentrations of carbon monoxide, lead and nitrogen dioxide have decreased such that levels now meet EPAs standards to protect human health and the environment. Although outdoor air concentrations of ozone and particulate matter have decreased nationwide,
concentrations still exceed EPAs standards for either or both pollutants in dozens of metropolitan areas. For selected air toxics, emissions due to human activities and outdoor air concentrations have decreased. Nationwide, emissions summed across all 188 air toxics decreased between 1990 and 2002. This includes a 52% reduction in mercury emissions. Monitoring networks are extensive enough to determine corresponding national trends in outdoor air concentrations of benzene, which decreased by 55% between 1994 and 2006. National indicators are not available for other aspects of outdoor air quality. While indicators provide insights on emissions and outdoor air concentration trends for many pollutants, monitoring networks are not yet extensive enough to determine national trends in concentrations for all pollutants, including many air toxics. Further, the indicators are limited in quantifying how exposures to single pollutants and mixtures of air pollutants affect human health and the environment. Although strong evidence links outdoor air pollution to health effects at specific locations, few long-term studies at a national scale have measured the extent to which health effects are linked directly to outdoor air quality.
GReeNHOUse GAses Global atmospheric concentrations of several important greenhouse gases have risen substantially over the past 100 years. Measurements of gases trapped historically in Antarctic ice confirm that the current global atmospheric concentrations of carbon dioxide and methane are unprecedented over the past 650,000 years, even after accounting for natural fluctuations. Concentrations of nitrous oxide are 18% higher than preindustrial levels; and concentrations of certain synthetic chemicals were essentially zero a few decades ago but increased rapidly between 1980 and 2006. Between 1990 and 2005, U.S. greenhouse gas emissions from human activities rose 16%; the primary source of these emissions OZONe DepLeTION was fossil fuel combustion. Carbon Stratospheric ozone over North dioxide, widely reported as the most America decreased through the important greenhouse gas, makes up 1980s and early 1990s but has start- most of this increase. Energy use, ed to recover. Before the late 1970s, primarily electricity generation and there was little change, beyond transportation, accounted for approxnatural variations, in the thickness of imately 85% of the U.S. greenhouse the ozone layer over North America. gas emissions in 2005. While trends in U.S. emissions Since then, the thickness of the and global atmospheric concentraozone layer decreased, reaching its ACID RAIN & ReGIONAL HAZe lowest level in 1993, with no further tions of greenhouse gases are based Nationwide, emissions of the on robust data, gaps remain. For both decline occurring in more recent main pollutants that form acid rain emissions and concentrations, trends years. While the ozone layer has decreased between 1990 and 2002. have been quantified for several of begun to recover, ozone levels over Emissions of sulfur dioxide due to North America during 2002 to 2005 the most important greenhouse gases human activities decreased by 37%, were still 3% lower, on average, than but not for every greenhouse gas. and emissions of nitrogen oxides due those observed 20 years earlier. WATeR to human activities declined by 17%. Tropospheric concentrations of Since 1960, more than half of Acid rain, as measured by wet deposi- total ozone-depleting substances the rivers and streams measured tion of sulfates and nitrates, decreased have been slowly declining. Between nationwide have shown across most of the country from 1989 1995 and 2006, total ozone-depleting major changes in the volume to 2006. Consistent with emissions substances in the troposphere have of high and low flows over data, average regional decreases in declined by 12%, and this decline time. In largely arid grasswet deposition of sulfate during this has contributed to the recent recovtime were 35% in the Northeast, 33% ery in stratospheric ozone levels. The lands and shrub lands, the in the Midwest, 28% in the Midtrends for individual ozone-depleting percentage of streams with no-flow periods decreased Atlantic and 20% in the Southeast. substances vary. Tropospheric conWet deposition of nitrate also centrations of many ozone-depleting slightly between 1960 and 2006, along with the average decreased in some parts of the coun- substances have declined since the length of no-flow periods. try but to a lesser extent than wet early 1990s, but concentrations of deposition of sulfate. Many surface halons (fire extinguishing agents)
waters in the Adirondack Mountains, New England and the northern Appalachian regions became less acidic between the early 1990s and 2005. This change corresponds to a decrease in acid rain in these regions. While acidic surface waters are still found in these areas, some surface waters are showing signs of recovery. National indicators are not available to track trends in other ways that acid rain has harmed the environment or human health. Regional haze in 38 national parks and wilderness areas improved between 1992 and 2004, with the average annual visual range (or distance that one can see) gradually increasing. On average, the West has substantially better visibility than the East due to regional differences in air pollution and greater humidity in the East. National indicators have not been developed to track visibility in cities or other populated areas.
and hydrochlorofluorocarbons (HCFCs), a class of chemicals used to replace CFCs, increased.
Fresh surface waters show a mixed picture of chemical condition. Acidity has decreased since the early 1990s in lakes and streams in most regions sensitive to acid rain, although one region showed little change. Approximately 30% of the nations We can better wadeable stream miles contain nitrogen and phosphorus conmeet the goals of high centrations. Over the last several both preserving decades, nitrate loads increased in the Mississippi River. Phosphorus and protecting loads decreased in the St. Lawrence Susquehanna Rivers but showed the environment and no clear trend in the Mississippi or and promoting Columbia rivers. The extent of surface waters and economic growth many key stressors are not currently tracked by national indicators. Key and prosperity stressors include pollution from variacross the U.S. by ous sources and toxic contaminants sediments, which can impact having an efcient, in water quality and potentially enter accountable and the aquatic food web.
fills, compared to 94% in 1960. Of the hazardous waste disposed of on land in 2005, 90% was injected deep into the ground in permitted wells, and the remaining 10% was treated and disposed of in a manner to minimize risk to human health and the environment. Information about many types of waste is not currently available at the national level. Also, data are lacking about exposure and the effects of waste and management practices on human health and the environment. The potential effects associated with waste vary widely and are influenced by the substances or chemicals found in waste and how they are managed.
fair
CHeMICALs AppLIeD & ReLeAseD TO LAND The amount of certain toxic chemicals in industrial waste materials decreased by more than 4 billion pounds (16%) between 1998 and 2005. In 2005, the U.S. handled 1.1 billion pounds of persistent bioaccumulative and toxic chemicals in industrial waste, along with 24 billion pounds of other toxic chemicals that are subject to reporting to EPA under the Toxics Release Inventory (TRI) program. The metal mining industry has accounted for 35% of the total TRI chemicals in production-related regulatory LAND wastes released to the environment since 1998. Forest cover and agriculture are Over the past 45 years, the use of fertilizers, includsystem. the two most common types of land ing nitrogen, phosphate and potash, has increased nearly cover in the U.S. In 2001, of the approximately 2.3 bilthree-fold. The combined use of these three chemicals lion acres of land in the nation, 641 million acres were rose from 46 pounds per acre per year in 1960 to 138 forest cover, 449 million acres were agriculture, 419 mil- pounds per acre in 2005. Nitrogen accounted for the steepest increase. While ferlion acres were shrub, 291 million acres were grass and 103 million acres were developed land. These estimates tilizers are not inherently harmful, they have the potential to contaminate ground and surface water when applied were derived from satellite data. The total amount of forest in the U.S. declined over improperly or in excessive quantities. In annual surveys the last century but has been increasing in recent years. conducted since 1994, 42% to 71% of food samples have Regional variations exist. Forest cover has increased in the shown detectable amounts of pesticide residue. A small Northeast, Mid-Atlantic and Midwest and has decreased in fraction of samples (approximately 1 out of every 500) had the West and Southwest. Comparing and integrating land pesticides at concentrations that exceeded tolerance levels cover information are difficult. Different agencies collect designed to protect human health. Foods tested include data on land cover, often at varying times and for differfruits, vegetables, grains, meat and dairy products. Data about chemicals used on land are limited. Some ent purposes. These agencies also define and classify land cover differently and at varying levels of detail. The most data are available on pesticide and fertilizer use on agricultural lands. However, agencies collect national informarecent comprehensive data available are from 2001. tion on only a fraction of all chemicals used in the U.S. WAsTe & THe ENVIRONMeNT Consistent national indicators are lacking regarding when, Since 1990, the per capita municipal solid waste gen- where and how frequently chemicals are applied to land and eration rate has remained stable at 4.5 pounds per person the potential impact when they contain toxic ingredients. per day. As the U.S. population has increased, however, HeALTH STATUs the nation has steadily generated more municipal solid Overall, the health of the U.S. population has continwaste. Generation increased from 88 million tons in ued to improve. Mortality rates continue to decline and 1960 to 251 million tons in 2006. Hazardous waste generation has declined. Hazardous life expectancy continues to increase due to factors, such as improved medical care over the past few decades. waste generation dropped from roughly 36 million tons However, life expectancies in the U.S. are lower than in in 1999 to 28 million tons in 2005. Recycling or commany other countries. In 2004, the U.S. ranked 35th in life posting of municipal solid waste increased from 6% to expectancy for men and women among the 192 nations and 33% since 1960. Hazardous waste recycling rose only slightly between 1999 and 2005 and remains at less than states that are members of the World Health Organization. The three leading causes of death in the U.S.heart 10%. Most waste is still disposed of on land. In 2006, disease, cancer and strokeremain unchanged since 55% of municipal solid waste was disposed of in land6 EnviroMentor www.asse.org 2013
1999. Measures of premature death show that injuries are the leading cause of death, followed by cancer and heart disease. Infant mortality in the U.S. shows a long-term decline although it remains among the highest in the industrialized world at nearly seven deaths per every 1,000 live births in 2004. U.S. infant mortality rates were two to three times higher than the lowest rates reported worldwide. Given that promulgated regulatory cleanup, discharge and health standards are derived from risk assessments and trends, companies are encouraged to participate in the regulatory deliberation processes. This can be done through industry association or as a company, an interested citizen or a community. Cost of regulatory compliance is expected to increase exponentially. Also, enforcement trends are not in favor of companies. Added fines, investigations, remedies and agency responses substantially erode a companys valuable assets. This means that environmental, safety and health professionals should assume a greater role in ensuring that they: are actively involved in reviewing proposed rules or amendments to existing rules because uncertainty, variability factors and particularly modeling assumptions can drive regulatory decisions that drive cost of doing business; remain proactive on performing environmental assessments to establish environmental liabilities; conduct remedies following prudent risk assessment processes; proper structuring and implementation of new rules and regulations. ReGULATIONs According to Lincoln and Danner (2013), since 2012 Election Day alone, Washington has issued more than 800 new rules. Additionally, according to a recent George Washington University and Washington University analysis, in 2012, 283,615 full-time government employees were dedicated to drafting and enforcing regulations, while fewer than 50 employees at the Office of Management and Budget were responsible for reviewing the new regulatory mandates to ensure that they are justified and accurate prior to implementation. According to a study released in November 2012 by the National Association of Manufacturers, major new EPA rules could cost manufacturers hundreds of billions of dollars and could eliminate millions of U.S. jobs. The study examines the cumulative impact of EPAs new layers of red tape that are burdening job creators with high costs and driving up energy prices. The authors warn EPAs actions will prohibit job creation and investment and could cripple economic recovery. The report analyzes the cumulative cost of new major EPA rules affecting the nations power sector, including the Utility MACT Rule, the Boiler MACT Rule, the Coal Ash Rule, the Coal Combustion Residuals Rule, the Cooling Water Intake Structures Rule, the Cross-State
Air Pollution Rule and the anticipated new National Ambient Air Quality Standards for Ozone. The report finds compliance costs for the six regulations could total up to $111.2 billion by EPA estimates and up to $138.2 billion by industry estimates. Total capital expenditures are projected at $174.6 billion to $539.3 billion according to EPA data and from $404.5 billion to $884.5 billion according to industry. EPAs expansion of red tape is strangling job creators and American consumers at a time when they can least afford it. This report offers further evidence that EPAs policies will hinder our economic recovery and the growth of American manufacturing, said Energy and Power Subcommittee Chair Ed Whitfield (R-KY). Rather than burdening American businesses with high compliance costs and uncertainty, we need commonsense policies that will foster investment and will help bring manufacturing jobs back to America. CONCLUsION We can better meet the goals of both preserving and protecting the environment and promoting economic growth and prosperity across the U.S. by having an efficient, accountable and fair regulatory system that incorporates improved risk assessment process, elimination of redundant rules, common-sense cost-benefit analysis, regulatory reform and enforcement priorities. Overregulation imposes enormous hidden costs on the economy. It creates huge compliance costs on businesses, which in turn slows economic growth and constrains job creation. The cost on our economy continues to grow, as a mountain of federal rules and regulations continues to grow. In light of the persistent economic recession and growing national deficit, we must continue to improve the health of the environment. ReFeReNCes EPA. (2008). Report on the environment. Retrieved from http://cfpub.epa.gov/ncea/cfm/recordisplay .cfm?deid=190806 Lincoln, B. & Danner, D. (2013, Feb. 11). Regulatory reform necessary for economic growth. The Hills Congress Blog. Retrieved from http://thehill.com/blogs/ congress-blog/economy-a-budget/282285-regulatoryreform-necessary-for-economic-growth U.S. House of Energy & Commerce Committee. (2012, Nov. 30). NAM study: EPA regulations will drive up manufacturing costs, cripple economic recovery.
Aspet S. Chater, ERM, CHMM, REM, REA-I, is a senior consultant, casualty risk consulting and claims, at Aon Risk Solutions in Los Angeles, CA.
ENVIRONMeNT
EPA Issues Standards for Mercury Pollution
PA has issued mercury and air toxics standards to reduce the emissions of dangerous pollutants like arsenic, acid gas, nickel, selenium and cyanide. Mercury has been shown to harm the nervous systems of children exposed in the womb, impairing thinking, learning and early development. Other pollutants that will be slashed by these standards can cause cancer, premature death, heart disease and asthma. More than 900,000 public comments contributed to these final standards, which focus on readily available, proven pollution control technologies that are already in use at more than half of the nations coal-fired power plants. EPA estimates that these standards will prevent as many as 11,000 premature deaths and 4,700 heart attacks a year and will also help prevent nearly 130,000 cases
of childhood asthma symptoms and about 6,300 fewer cases of acute bronchitis among American children each year. The agency predicts that manufacturing, engineering, installing and maintaining the pollution controls to meet these standards will provide employment for thousands, including 46,000 short-term construction jobs and 8,000 long-term utility jobs. Since toxic air pollution from power plants can make people sick and can cut lives short, the new mercury and air toxics standards are a huge victory for public health, says Albert Rizzo, national volunteer chair of the American Lung Association (ALA). ALA expects all oil and coal-fired power plants to act now to protect all Americans, especially our children, from the health risks imposed by these dangerous air pollutants. The standards, which are issued in response to a court deadline, are in keeping with President Obamas executive order on regulatory reform. Based on the latest data, they provide industry flexibility in implementation through a phased-in approach and use of already-existing technologies. They also come with a presidential memorandum that directs EPA to use tools provided in the Clean Air Act and to implement them in a cost-effective manner that ensures electric reliability. For example, under these standards, EPA is not only providing the standard 3 years for compliance, but also encouraging authorities to make a 4th year widely available for technology installations. With these standards that were 2 decades in the making, EPA is rounding out a year of incredible progress on clean air in America with another action that will benefit the American people for years to come, says EPA Administrator Lisa Jackson. The mercury and air toxics standards will protect millions of families and children from harmful and costly air pollution and will provide the American people with health benefits that far outweigh the costs of compliance. EPA estimates that for every dollar spent to reduce pollution from power plants, the American public will see up to $9 in health benefits. The total health and economic benefits of this standard are estimated to be as much as $90 billion annually. The mercury and air toxics standards and the final cross-state air pollution rule are estimated to prevent up to 46,000 premature deaths. For more information, click here.
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INTERVIEW
Integrating Safety Into Sustainability

Q&AWITH TOM CeCICH, BOARD CHAIR
FOR THe EPS: Please provide a brief description of your professional background and of your role as president of TFC & Associates. TC: I retired about 10 years ago after 30 years working in corporate safety positions. The last position I held was vice president of environment, health and safety at GlaxoSmithKline, a global pharmaceutical company. Prior to that, I was with IBM and Allied Chemical. Since then I have done independent consulting and have worked with the Mercer/ ORC consulting practice. I also teach in Tulane Universitys School of Public Health and volunteer with ASSE and the Center for Safety and Health Sustainability.
CeNTeR
OF
SAFeTY & HeALTH SUsTAINABILITY
Tom Cecich, CSP, CIH, is a member of ASSEs board of directors and board chair for the Center for Safety and Health Sustainability, an organization jointly formed by ASSE, AIHA and IOSH. In this interview, Cecich explains what can be done to better integrate safety into sustainability and to elevate the importance of safety overall in organizations.
out to other organizations to build a global network. A NIOSH blog from a year ago mentioned that safety has not been asked to the prom. The green movement has outstripped the role of workplace safety in sustainability, and this is not helped by the fact that we as SH&E professionals have not defined our role in sustainability. The Centers vision statement aims to provide one, advancing the idea that protecting human life as well as the safety, health and well-being of customers (broadly defined) should be among an organizations primary focus. You cannot have a viable or sustainable enterprise unless you properly account for the safety of workers, customers, neighboring communities and risks to people and property throughout an organizations supply chain. an issue that occurs within four walls of an organization and only receives public attention when major tragedies occur, such as the Deepwater Horizon oil spill in the Gulf or the recent factory fires in Pakistan and Bangladesh. In the meantime, the International Labor Organization reports that 2.3 million people are killed each year as a result of occupational injury or illness. The safety community has not been able to get the focus on the daily incidents that result in fatalities, serious injuries and occupational illnesses.
EPS: What can be done to better integrate SH&E best practices into sustainability and to elevate safety overall in organizations? TC: Most corporations want to be viewed as sustainable entities. Some want to be seen as responsible organizations to their stakeholders and investors, while others want to EPS: Why does it seem that SH&E professionals in the U.S. are capture the competitive business and unaware of the role they can play in marketing value adopting sustainEPS: How able business practices gives them. sustainability? Is this also the case does the SH&E globally? We need to elevate worker safety profession define and health as a core aspect of what TC: I think safety has been sustainability? makes a sustainable organization. defined narrowly and has not been TC: Good part of the broader sustainability EPS: Many organizations claim to question. Defining sustainability discussion, which is definitely the be sustainable yet fall short when it from a safety perspective is part case globally as well. Much of the comes to safety and health reporting. of the broader sustainability probsustainability debate worldwide has What can be done to change this? lem for our profession. The safety focused on environmental impacts TC: This is the heart of the matand health community has not yet and on topics where there is a certain ter. If we want safety and health to embraced sustainability, even though amount of moral outrage, such as be viewed as a component of susit is completely relevant to our work. with child labor, corruption, economtainability, we need to define what We have been left out of the discus- ic fairness and other issues. Safety, that is and how to measure it. When sion, which is why ASSE envisioned for many reasons, has not been ASSEs Council on Professional the Center for Safety and Health elevated to that level of importance Affairs sponsored a Sustainability Sustainability concept and reached in discussions. Safety is perceived as 10 EnviroMentor www.asse.org 2013
CSHS New CSHS Activities
The safety and health community has not yet embraced sustainability, even though it is completely relevant to our work.
Taskforce chaired by Kathy Seabrook, we tried to answer that. We quickly determined that the safety and health metrics used to define sustainable organizations lack meaning and are not standardized. Of the 150 to 200 different global sustainability reporting and rating organizations, most include a worker safety component in their reporting, but the safety information is not standardized, making comparison impossible. In most cases, the information collected does not relate directly to the effectiveness or commitment of an organizations safety efforts. We are developing standardized metrics that are meaningful in that they aim to influence good safety performance and promote an organizations commitment to safety. Global sustainability rating and reporting organizations are being encouraged to adopt metrics or indicators that would better represent good safety and health performancethe type you would expect to see in organization considered sustainable. EPS: How can global safety metrics and indicators, as well as external safety and health rating systems, be improved? TC: We need to have metrics that both encourage and reflect good safety performance. They should not just be based on outcomes (injury and illness statistics), but on leading metrics as well. These metrics need to be standardized so the many sustainability rating organizations can all measure safety and health performance in the same way and make it easier for stakeholders to compare data.
EPS: Why are leading indicators so important in measuring and reporting on safety and health performance? TC: Leading indicators reflect what actions organizations are planning to implement and monitor in order to improve safety performance. Outcome metrics are only a rear view of where an organization has been. Outcome metrics are important, but those alone are insufficient to help improve future performance, which is what leading indicators do. EPS: What do you believe are the essential elements of safety and health sustainability, and how can these be incorporated into organizations worldwide? TC: The Center has developed key safety and health program indicators defining the elements you would expect to find in a sustainable organization. Included are key areas, such as what an organizations values and beliefs are, how safety is included in operational excellence, what processes are in place to ensure oversight and transparency, how committed senior executives are to safety and health, what the organizations code of business practices is and how an organization conducts itself from a safety and health standpoint throughout its supply chain.
We call these key program elements the Safety and Health Framework and are in the process of further defining how each of those elements is measured. We will trialtest these elements in a broad range of organizations, not just traditional businesses, as all organizations have the responsibility for being sustainable. An example of an organization that is not a traditional business is the U.S. Army, which has recognized the importance of sustainability and has submitted public reports of its commitments. EPS: What is the Center for Safety and Health Sustainability doing to promote the importance of safety as part of good corporate governance and corporate social responsibility/ sustainability? TC: Sustainability is global issue. That is why we realized that even though ASSE is working to expand its global reach and influence, it does not have a critical mass of global professionals at this point to make the level of impact we hope to achieve. As a result, we reached out to international partners for collaboration. The focus is having a consistent voice for the importance of safety in sustainability discussions. We participate in meetings, comment on sustainability measures, such as the GRI initiative, conduct
Some in the safety and health community say that sustainability is the passing fad of this past decade and that it will burn out. We do not see any evidence that this is the case.
research on what defines sustainable organizations and are developing the Safety and Health Framework. We are looking to move the conversation forward by being a consolidated presence and by developing information that we can use to educate both the business and safety communities on not only the importance of safety and health, but how you define, measure and report on it.
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EPS: How can SH&E professionals best work with their organizations to ensure that safety and health are included in sustainability policies? TC: The first thing is to communicate, communicate, communicate. Buy-in is important. Some in the safety and health community say that sustainability is the passing fad of this past decade and that it will burn out. We do not see any evidence that this is the case. There continue to be high-profile tragedies that result in the tragic loss of life, such as the recent fires in Pakistan and Bangladesh. These factories produced products for Western markets and brands. As safety professionals, we must speak out against against workplace conditions that allow these events to occur. We in the safety and health community need to advocate that organizations claiming to have sustainable business models are sorely deficient if workplace safety is not taken into account throughout their supply chains. Safety professionals are putting greater emphasis on making risk-based decisions and defining organizational risk. We have the important responsibility to identify, assess and manage risks and then report this up the management chain. After all, the proper management of risk is one of the defining features of a sustainable organization.
Making Metrics Matter The CSP Experience Z10-2012: Occupational Health & Safety Management Systems Law for the Safety Professional Prevention Through Design Virtual Symposium
PA has published a nal rule setting the residual risk and technology review conducted for the pulp and paper industry source category regulated under national emission standards for hazardous air pollutants. It nalizes amendments to the national emission standards for hazardous air pollutants that include a requirement for 5-year repeat emissions testing for selected process equipment; revisions to provisions addressing periods of startup, shutdown and malfunction; a requirement for electronic reporting; additional test methods for measuring methanol emissions; and technical and editorial changes. EPA expects the amendments to ensure that control systems are properly maintained over time, ensure continuous compliance with standards and improve data accessibility. EPA estimates facilities nationwide will spend $2.1 million per year to comply. This nal action became effective on September 11, 2012. Click here for more information.
EPA Final Rule on Pulp & Paper Industry Emissions
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SUSTAINABILITY
BY CicELY ENRiGHT
Rating Green Buildings

reen buildings outperform more traditional construction in sale price and rental rates, as well as occupancy. That is according to a March 2008 study by the CoStar Group Inc., a Nasdaq-listed provider of information and marketing services to the commercial real estate industry, which found that more property investors and tenants are demanding space that has earned Leadership in Energy and Environmental Design (LEED) certification or Energy Star rating. These programs, which include LEED, Green Globes, Energy Star and others, represent approaches to greening a building, according Dru Meadows, principal at the In the movement to GreenTeam Inc. in Tulsa, OK, and toward more chair of Subcommittee E06.71 on The green building sustainable Sustainability. rating programs provide guidance on buildings, green environmentally responsible design/ construction options. And they probuilding rating vide awards, public recognition of programs play effort, she says. Building ratings typically come their part, as do from checklists that require a mininumber of points to be earned standards on mum in any combination. The use of solar sustainability. energy or other renewable resources, recycling materials, such as grinding leftover wood into mulch, reusing concrete for countertops and a site plan that reduces environmental impact, are just a few examples of considerations. Meadows notes that in addition to the checklist approach, a custom approach to rating programs can be taken. Both approaches have advantages and disadvantages. The checklist approach requires a working knowledge of the rating program and the various point options. It may not provide the best, most ecoefficient result. The custom approach [lifecycle assessment (LCA)] requires a working knowledge of environmental issues and LCA methodologies. It is usually more expensive and timeconsuming initially. However, it is more likely to identify the best, most ecoefficient design solution. These programs cite standards, including many ASTM International standards, to establish performance criteria for various program components. More than 500 ASTM standards related to building and other industry sectors are collected in a sustainability database. In addition, E06.71, a part of Committee E06 on Performance of Buildings, has developed a proposed standard that all green building ratings programs could use: a specification on what constitutes the minimum attributes for a building that claims to promote sustain
ability, one that considers social and economic aspects as well as environmental. USGBC & LEED Perhaps the most familiar green rating program in the U.S., the LEED green building rating system can be used by groups from architects to contractors, realtors to facility managers in building and maintaining commercial buildings, houses, schools and more. The program uses a point system that grades performance in five areas: sustainable site development; water savings; energy efficiency; materials selection; and indoor environmental quality. LEED has come a long way since its late 1990s introduction, and the 1993 founding of its sponsoring organization, the U.S. Green Building Council (USGBC). According to USGBC, more than 1,500 buildings have been LEED-certified and more than 11,000 currently seek that distinction. GBI & GReeN GLOBes Another rating program, Green Globes, from the Green Building Initiative, combines software and protocols that award new construction and existing buildings one to four globes in the U.S. and one to five in Canada, based on environmental performance. The federal court building in Toronto, Ontario, Canada; the William J. Clinton Presidential Center in Little Rock, AR, and the Alberici Corp. headquarters in St. Louis, MO, all have achieved recognition through Green Globes. Green Globes applications, which are evaluated by qualified independent assessors, receive a comprehensive rating based on the categories of: energy; indoor environment; site impact; water; resources; emissions; and project/environmental management. Green Globes originated with the Building Research Establishments Environmental Assessment Method (BREEAM), which the Canadian Standards Association published in 1996 as BREEAM Canada for Existing Buildings. Revisions led to Green Globes for Existing Buildings, introduced in 2000. In 2004, the Green Building Initiative acquired the rights to distribute Green Globes in the U.S. and now, Green Globes is going through the American National Standards Institute process.
OTHeR GReeN BUILDING PROGRAMs While LEED and Green Globes represent two rating programs to advance green building, other groups are also working toward greener construction. ASHRAE/IESNA/USGBC 189, Standard for the Design of High-Performance Green Buildings Except Low-Rise Residential Buildings, which was developed by the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) in conjunction with the Illuminating Engineering Society of North America and the U.S. Green Building Council, addresses green building practices for new commercial buildings and major renovations. The National Association of Home Builders, in association with the International Code Council, has also developed a green building standard. And with its Energy Star program, EPA and the U.S. Department of Energy take an energy-focused approach toward efficient products and practices to protect the environment. WK11944, ASTM STANDARDs & RATING SYsTeMs Meadows emphasizes that green should not be confused with sustainable. Green is used interchangeably with environmental, she says. Sustainability encompasses environmental, economic and social aspects. And, as indicated, an E06.71 task group has developed
a proposed specification that delineates the minimum aspects necessary to declare that a building is sustainable. Jeffrey Stone, southeast regional manager for the American Forest & Paper Association, is chair of the E06 task group responsible for drafting WK11944, Specification for Minimum Building Attributes that Promote Sustainability, which will join not only the sustainability standards from E06.71, but also many others from ASTM technical committees. He feels that this work is significant. We want to conserve our resources. We do not want to waste them, he says. Activities like these are helping us focus in on what we can and should be doing. Once WK11944 achieves final consensus and is published, it could find use in LEED, Green Globes and other rating programs. The standard could be used as a prerequisite to green building programs; the Green Building Initiative is considering this for its Green Globes rating program, says Meadows. To develop the proposed specification, the task group took a close look at the various rating programs and the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings to find commonalities, Stone explains. Those involvedmaterial producers, government representatives, architects, managers, designers, scientists, academicsworked to define what minimum attributes need to be addressed to claim a building is sus-
tainable. It is a noteworthy effort, according to Stone: There has not been consensus in the past on this. The proposed specification mainly addresses new construction but can also be used for major renovations and existing buildings, and it establishes minimum building attributes and consistency in reporting about building sustainability. The standard, once published, will add to the compiled group of ASTM International standards, more than 500 of them, related to sustainability. Numerous ASTM committees, from A01 The proposed on Steel, Stainless Steel Related Alloys to G02 specication and on Wear and Erosion, are mainly addresses responsible for standards from to water stewardship, new construction acoustics air quality to waste management. but can also be Alison Kinn Bennett, co-chair of the EPA Green Building Work Group used for major and an E06 member, is developing for standards to be included renovations and criteria in ASTMs sustainability database. existing buildings, By inviting all ASTM committees propose standards for inclusion, and it establishes to we will not only grow the database, minimum building but also can start the education and integration of sustainability concepts attributes and across ASTM. There are already so standards that can advance the consistency many sustainability movement, she says. in reporting Green or sustainable may not be in a standard, and yet it about building keywords may very well support environmental, sustainability. social or economic principles of sus-
tainability. We want those standards to be recognized for their contributions to sustainability and to be included in the database. The standards work and rating programs will continue to evolve as they have in the past. The measure, or the means, by which we would assess what is green were based on emotion and not science. It is getting more and more scientific, using lifecycle analysis to analyze the environmental impacts of a decision of a building material, says Stone. It started with a limited number of very energetic people to do something, and I think as we have gone on, it has become more mainstream and more people are involved. It has broadened the scope from where it was initially. That is good because our decisions are based on knowledge that was not available years ago.
Cicely Enright is the associate editor at ASTM International. She can be contacted at cenright@astm.org.
Reprinted with permission from ASTM Standardization News, September/October 2008, ASTM International.
Fire Protection Practice Specialty
he Fire Protection Practice Specialty (FPPS) was founded in 2004. FPPS was formed to concentrate on re protection, prevention, preparedness and mitigation issues. FPPS diligently addresses hot topics related to re safety and is an invaluable resource for technical content related to this eld. FPPS is led by a volunteer advisory committee with extensive experience and expertise in the eld of re safety. FPPS works hard to contribute technical content to ASSE and the safety profession through regular publications, special publications and research, virtual events and conference sessions. FPPS is open to all ASSE members. To join this popular practice specialty, visit www.asse.org/JoinGroups. Connect with FPPS at www.asse.org/ ps/re and on LinkedIn.
Welcome New Members
hanks to all current members of the Environmental Practice Specialty and welcome to those who have recently joined. We currently have more than 1,700 members. If you have any colleagues who might be interested in joining EPS, please direct them to www.asse.org/JoinGroups for more information. Steven Hemingway, Sodexo Haider Hussain David Hutcheson, 5H Technologies Festus Jide Greg Johnson, U.S. Service Group Peter Josendale, Exide Technologies Konstantinos Kakosimos Jeffrey Kowalski, MARTA Abiola Laditan James Lanier, Barron Collier Cos. James Laws, U.S. Risk Management Luqman Leskafi Diogo Lopes, Autonomo Yusuf Malgwi, Nigerian National Petroleum Corp. Michelle McIntyre, AMRC Environmental Consultants & Engineers Charlotte Montgomery, ABB Jerry Moore, Anderson Inc. Chad Morin, Scientific Games International Scott Morrison, Univar USA Edward Namath, Advanced Environmental Corp. Nkiruka Nwana Jose Ojeda Grant Oji, Undtelus Oil & Gas Co. Nigeria David Oliver, Terracon Inc. David Osmun, Goodyear Tire & Rubber Yogeshkumar Pande Aashishkumar Patel Hardik Patel
Ibikunle Abimola Adnan Al Shammari Richard Andrews, Zurich Services Corp. Juan Araya, Chiquita Brands International Blake Arseneaux Kris Ashrafi Terrell Austin, Black Hawk Ventures Joe Barajas, Orange Co. Tracy Barth, MFA Oil Co. Tiffany Beaudry, Sacramento County Curtis Blaik, Nexen Petroleum USA John Bowen, Timken Gears & Services Michelle Brady, ArcelorMittal Hanumant Chavan, Navyug Special Steel Co. Colby Child, R. Christopher Goodwin & Associates N. Churchman, REPSS Ujah Clettus, Shell Petroleum Nigeria Cody Cole, ONEOK Field Services Co. Philip Cornejo, Bayer Healthcare Blake Dean, Gilead Sciences Frank Dowdle, Universal Florida Palm Beach Co. William Downs, DuPont Pioneer Scott Edouard, Overland Contracting Jerry Evans, J. Evans & Associates Chester Guest, CHS Inc. Angela Guidry, SGS North America Grace Haggard, Luxottica Retail C. Craig Hartmann, A. Duda & Sons Inc.
Ashli Perdue, Heinz Xuan Phuong, Trinh Brett Polito, University of Wisconsin-Whitewater Jaydeep Prajapati Rohit Prajapati Benjamin Preston, MAHLE Behr Industry America Lee Puah, Petronas Lubricants Tatithuri Ramu, Akbar HSE Training & Consultancy G. Rudra Rao, Akbar HSE Training & Consultancy Hirensinh Rathod Dennis Ray, Marshfield Clinic Christopher Reels, Biogen Idec Inc. Cameron Scarlett, Perdue Farms Jignesh Shah, Kuwait Oil Co. Eric Slater, Zen-Noh Grain Corp. Darshankumas Sukhadiya Davie Taitano Priyanka Thaddaeus Ellie Viglienzone Kellie Wallace, Weatherford International Yi Jun Wang Edwin Ward, Thomas & Betts ABB Keith Wasley, AllOne Health Resources Roger Weber, Airgas Carbonic Nicala Wood, Brigham Young University Reza Yeganehshakib Deli Yu
HAZMAT
BY JOLiNDa CaPPELLO
Hungarys Toxic Sludge Spill

The sludges high alkalinity was compared to that of household cleaning productsprolonged contact could cause skin to dry or crack or could remove the top layer entirely. At the time of the spill, experts warned against accidental ingestion of the sludge, which could damage the digestive tract or prove fatal. They also warned that contact with the eyes could cause irreparable damage. Many questioned the potential effects of indirectly inhaling heavy metals present in the sludge, such as titanium and silicon dioxide dusts, which have been shown to cause cancer in animals. Scientists and toxicologists who monitored the spill advised that concentrations of Two such substances present in the sludge were small and should not have any long-term negative health effects the landscape is THe SpILL as long as the cleanup process continued and the waste still stained red, During the early stage of the alu- was removed properly. Experts also noted that over the minum production process, bauxite is of time, rain and natural weather patterns would leaving many to mined from the ground and washed course help dilute and neutralize the alkaline substances the sodium hydroxide. This produces sludge left behind in soil. wonder what long- with alumina and waste. This waste byprodHowever, as a precaution, once the spill initially term effects the uct contains solid impurities, heavy occurred, local residents were immediately warned not and chemical processing agents to eat any homegrown foods, drink well water or hunt or spill will have on metals and is highly alkaline (Lang, 2010). fish until they were told it was safe to do so. Veszprem Countys According to the Ajkai ENVIRONMeNTAL EFFeCTs Timfoldgyar plant owner, MAL communities and Hungarian Aluminum, the sludge con- Not only did the sludge spill affect the many towns 40% to 45% iron oxide, giving in Veszprm County, its runoff polluted the Danube environment. tained River via Sio, a river fed by Lake Balaton, which sits the sludge its red color, 10% to 15% aluminum oxide, 10% to 15% silicon oxide and smaller next to Veszprm. The Danube flows through Croatia, percentages of calcium oxide, titanium dioxide and sodi- Serbia, Romania, Bulgaria, Austria, Ukraine and Moldova then empties into the Black Sea. Upon news um oxide (Lang, 2010). The spill originated from cracks in the walls of a of the spill, countries along the Danube tightened water 10-hectare (convert) waste reservoir. Zoltan Bakonyi, quality controls and monitored heavy metal concentramanaging director of MAL Zrt, claimed that the company tions. Although officials in Hungary tried to counteract had complied with all regulations and that the reservoir the sludges alkalinity by treating it with calcium and walls met prescribed standards. magnesium nitrates and by pouring gypsum, plaster and He also asserted that a recent examination of the resacetic acid into the Marcal River and other rivers to help ervoir indicated no deficiencies in its structure. However, bind the sludge, the spills heavy metal residue killed according to World Wildlife Fund (WWF)-Hungary, an thousands of fish and decimated plant life. aerial photograph it took of the plant in June 2010 showed Gabor Figeczky, acting director of WWF-Hungary, a damaged and leaking waste reservoir wall (Environment said neglect and a failure of regulation contributed to News Service, 2010). the disaster (Environment News Service, 2010). WWFGusztav Winkler, assistant professor at Budapests Hungary also suggested an investigation and aerial Technical University, noted that one of the broken reser- mapping of other waste reservoirs in the area and along voirs dams had been built on two different types of soil. Hungarys Danube banks. Winkler said the rupture occurred exactly at the point ACCOUNTABILITY where the two soil types meet, most likely as a result of Shortly after the sludge spill, Viktor Orban, sudden force (Environment News Service, 2010). The Hungarys prime minister, said MAL Zrt would be held day the reservoir ruptured, those who did not have time accountable. Bakonyi was arrested and held for 72 hours or the means to flee the wave of sludge were engulfed; while the Hungarian government seized his company, others suffered serious chemical burns. and he was fined $613,081,000. Bakonyi argued that a HeALTH EFFeCTs recent inspection of the reservoir showed no irregulari18 EnviroMentor www.asse.org 2013
ungarys worst ecological disaster occurred on October 4, 2010 when a waste impoundment reservoir at Magyar Aluminum (MAL) Zrt in Ajka, Hungary, broke, sending a 6-ft-high wave of red aluminum sludge through three towns in nearby Veszprm County. The 261 million gallons of sludge, which contained heavy metals, such as arsenic, cadmium, chromium and lead, covered 16 miles of land, injured 150 and left 10 people dead. Two years later, the landscape is still stained red, leaving many to wonder what long-term effects the spill will have on Veszprm Countys communities and environyears later, ment.
ties and that according to European Union standards, the sludge was not considered hazardous. Hungarys disaster management agency disagreed, and police charged the company with criminal negligence. Although Bakonyi was accused of not preparing emergency warning and rescue plans should accidents, such as the sludge spill, occur, any charges against him were quickly dropped, and he was released from custody. A Veszprm city court said prosecutors were unable to support their charges against him. The aluminum plant was cleared to resume production not even 2 weeks after the spill.
why MAL Zrt did not use safer means of waste storage and disposal in the first place. It is hoped the sludge spill has forced Hungary to reevaluate the safety of waste disposal methods at its aluminum and other processing plants. Hungarys people can only hope that the worst ecological disaster in the countrys history will be its last.
ReFeReNCes BBC News Europe. (2010, Oct. 6). Criminal negligence inquiry into Hungary sludge spill. Retrieved Aug. 16, 2012, from http://www.bbc.co.uk/news/world VesZpRM COUNTY TODAY -europe-11488386 Orban promised those affected by the sludge spill that BBC News Europe. (2011, Oct. 5). Hungarys toxic they would receive new homes or monetary compensasludge disaster remembered. Retrieved Aug. 16, 2012, tion, and so far he has followed through. Twenty-one new from http://www.bbc.co.uk/news/world homes have been built in the village of Kolontar, and 87 -europe-15178307 new homes now stand in Devecser. The land between BBC News Europe. (2011, Sept. 14). Hungarian toxic Kolontar and Devecser teems with corn, poplars and other chemical sludge spill firm fined. Retrieved Aug. 16, vegetation thanks in part to Csaba Szabo, the government 2012, from http://www.bbc.co.uk/news/world commissioner who helped restore agriculture in this area. -europe-14922301 Plans to build a memorial park, playgrounds and a CBC News. (2010, Oct. 13). Hungarian sludge spill sports field are in the works, as is a new light industrial charges dropped. Retrieved Aug. 16, 2012, from http:// park. Devecser Mayor Tamas Toldi hopes the industrial www.cbc.ca/news/world/story/2010/10/13/sludge-wall park will create jobs and will develop renewable energy. -stable-103.html People have had enough environmental destruction, Dunai, M. (2010, Oct. 7). Toxic Hungarian sludge says Toldi. It is very important for them that any jobs spill reaches River Danube. Reuters.com. Retrieved Aug. created here are not at the cost of more damage to the 16, 2012, from http://www.reuters.com/arti environment (Thorpe, 2011). cle/2010/10/07/us-hungary-spill-idU The ongoing cleanup and rebuilding have cost more STRE69415O20101007 than $150 million, but the Hungarian government plans Environment News Service. (2010, Oct. 11). Eight to recover this money from MAL Zrt. Hungarys disaster dead in Hungarian sludge spill, company boss arrested. management agency, which oversaw the aluminum plant Retrieved Aug. 16, 2012, from http://www.ens-news before the state assumed control, instituted a safer drywire.com/ens/oct2010/2010-10-11-01.html disposal method to handle waste processed at the plant. At the time of this writing, MAL Zrt continued to face criminal and civil claims, as well as a fine imposed by the Directorate of Environmental Protection and Water Management for Central Transdanubia, and was working with the government to reach a potential settlement out of court. CONCLUsION Although Orban received praise for his swift response to the sludge spillfrom overseeing the evacuation of affected residents to building new homes for those displaced many Hungarians have criticized him for showing Bakonyi and MAL Zrt too much leniency after the spill occurred. Others have questioned
Jolinda Cappello is a communications specialist at ASSE.
Freeman, A. (2012, Jul. 11). Toxic spill leaves mindbendingly perfect line on Hungarian forest. TakePart. com. Retrieved Aug. 16, 2012, from http://news.yahoo .com/toxic-spill-leaves-mind-bendingly-perfect-line -hungarian-192757775.html Lang, O. (2010, Oct. 7). How toxic is Hungarys red sludge? BBC News Europe. Retrieved Aug. 22, 2012, from http://www.bbc.co.uk/news/world -europe-11492387 Thorpe, N. (2011, Aug. 26). After the sludge: Rebuilding Hungarys towns. BBC News Europe. Retrieved Aug. 22, 2012, from http://www.bbc.co.uk/ news/world-europe-14575564 Website of the Hungarian Government. (2011, Sept. 16). The company responsible for the Hungarian red sludge tragedy has received a record penalty. Retrieved Oct. 10, 2012, from http://www.kormany.hu/en/ministry -of-public-administration-and-justice/news/the-company -responsible-for-the-hungarian-red-sludge-tragedy-has -received-a-record-penalty
Practice Specialties Scholarship
EPA Issues Direct Final Rule on SNURs for 20 Chemical Substances
PA is promulgating signicant new use rules (SNURs) for 20 chemical substances that were the subject of premanufacture notices. Eight of these chemical substances are subject to consent orders issued by EPA. This action requires persons who intend to manufacture, import or process any of these 20 chemical substances for an activity that is designated as a signicant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notication will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. The rule became effective January 2, 2013. Click here for more information.
he practice specialties sponsor a Professional Development Conference (PDC) Scholarship. This scholarship provides a full PDC experience, including airfare, hotel, meals and registration. Currently, two $1,200 awards are given each year. Please consider making a personal taxdeductible donation to the scholarship fund. If your company has a matching donation program, you could double your contribution. To contribute, click donate now below and note PDC Scholarship in the Other eld. Checks can also be made payable to the ASSE Foundation marked PDC Scholarship in the memo section and mailed to: ASSE Foundation, Attn: Mary Goranson 1800 E. Oakton St. Des Plaines, IL 60018
Las Vegas Convention Center (Room N101/102) Tuesday, June 25th at 6pm
Environmental Meeting & Networking Event
EPS Sponsored Sessions

Brave the Storm: Managing Storm Water Pollution & Reducing Environmental Impact (Session 530) An Overview of Energy Management System (ISO 50001) with Its Implementation Plan (Session 632) Key Issue Roundtable: Sustainability 101 - What Does This Mean & What's the Value? (Session 646) Demystifying Asbestos: Updates & Emerging Issues (Session 654) The Synergy of Environmental Health & Safety & Sustainability (Session 715) Why Every Safety Professional/Manager Must Understand the Ideas of Peter F. Drucker (Session 750)
www.safety2013.org
RegULATIONS
Argentina Environmental Safety

rgentina is comprised of 23 provinces plus the Under Section 43 of the national constitution, any autonomous Federal District (Capital Federal), person may request injunctive relief against any act or the City of Buenos Aires. The provinces are omission by the state or individuals, which may arbigrouped into 5 major regions. trarily and unlawfully damage, restrict, alter or threaten the rights and guaranties granted by the constitution, GOVeRNMeNT an international treaty or a law. Section 30 of Law No. In the Argentinian Senate, the 25,675 governs the process for exercising the rights enuIn 1994, Section Committee on Environment and merated in this constitutional provision. 41 was added Sustainable Development addresses ENVIRONMeNTAL AUTHORITIes environmental issues. In the Chamber to the national of Deputies, the Committee on The federal and all provincial governments have constitution. Natural Resources and Preservation jurisdiction on environmental legislation, and all have their own environmental authorities. The Secretariat of of the Human Environment works It establishes on similar matters. These committees the Environment and Sustainable Development (SESD), under the control of the Chief of Cabinet Office, is the permanently convened to assist the right of all are the National Congress in researching key national authority responsible for environmental inhabitants to enjoy environmental matters and drafting protection in Argentina. Other federal government agennew environmental laws, regulations cies also have jurisdiction on environmental matters. For a healthy, balanced and policies. example, the Secretariat of Energy supervises pollution and suitable ENVIRONMeNTAL CLAUses IN THe caused by underground fuel storage tanks throughout the country, the upstream oil industry and the environmental NATIONAL CONsTITUTION environment impact assessment of electric power utilities. In 1994, Section 41 was added to The provinces are responsible for establishing and for human the national constitution. It establish- enforcing their own set of environmental laws. For development and es the right of all inhabitants to enjoy example, in 1995, the Province of Buenos Aires crea healthy, balanced and suitable ated the Secretariat of Environmental Policynow also includes a environment for human development the Provincial Ministry of Sustainable Development also includes a provision on the charged with the responsibility of developing an enviprovision on the and duty to preserve the environment. ronmental policy for the province, as well as enforcing duty to preserve Industrial activities must satisfy any environmental regulations. The former Secretariat of current needs without compromising Environmental Policy has enacted various environmenthe environment. the needs of future generations. tal regulations in the past 14 years and has contributed The constitution also provides that significantly to the development, improvement and the provinces have principal and absolute domain over enforcement of the environmental legal framework in the their environment and natural resources. In this regard, Province of Buenos Aires. provinces are authorized to regulate the principal aspects Municipalities control the location and operation of of the environment. The provinces have exercised such facilities within their jurisdiction. In general, all indusauthority and have developed regulations on water, air, trial facilities must obtain a municipal permit authorizing waste, polychlorinated biphenyls (PCBs), pesticides and their operation, and sometimes companies must prove other agrochemical products. that they have implemented environmental measures to Section 41 of the national constitution grants the control any damage to the environment. federal government the power to enact regulations to Also, most of the largest municipalities in the country establish nationally applicable minimum protection stan- have an environmental department that addresses local dards. This power has been exercised since 2002 with urban planning and zoning, vehicular air pollution, noise, the enactment of several statutes establishing minimum household waste, etc. The City of Buenos Aires, as an standards to protect the environment. Under Section autonomous municipality, has its own set of environ41, it is the duty of the provinces to enact regulations to mental regulations. implement and enforce these national standards. SH&E LeGIsLATION ENFORCeMeNT The constitution, as amended, also establishes that Most environmental statutes include a provision for parties that cause environmental harm have the duty to immediately remedy it. This process for compliance with administrative sanctions or penalties (such as warnings, fines or closure of facilities) for violations of environthis duty is statutorily regulated by Law No. 25,675. mental regulations. Environmental oversight agencies are
entrusted with the enforcement of environmental statutes and regulations. Such agencies may issue sanctions or levy fines in accordance with the applicable statute, and when necessary, initiate court proceedings for judicial enforcement of administrative decisions. In general, permit-granting authorities are also responsible for enforcing conditions on which permits were issued and ensuring compliance with applicable regulations. Such authorities may issue orders demanding the cessation of an unlawful activity or the closure of facilities deemed to pose a serious risk to the environment or public health. Currently, enforcement of federal environmental laws may be performed by the Secretariat of Environment and Sustainable Development, although some federal environmental statutes (i.e., Law No. 25,612 and Law No. 25,675) aim to transfer enforcement functions (which include issuing warnings, assessing fines and shutting down facilities) to provincial and local authorities. The Provincial Ministry of Sustainable Development is the main enforcement authority within the Province of Buenos Aires. The Water Authority of the Province of Buenos Aires, responsible for the water protection, is also an enforcement authority. Provincial authorities may delegate the judgment of violations to municipal authorities. CIVIL & STRICT LIABILITY Liability provisions cover events that impact the environment. These include: THe CIVIL CODe Although the Civil Code does not define environmental liability, Sections 1,113 and 2,618 make reference to it as follows: Section 1,113 establishes strict liability (no fault is required) in case of risk of or defect of goods and applies to any industrial activity giving rise to environmental harm. Environmental harm encompasses any damage to the natural environment and to people and assets resulting from contamination. To be relieved from liability, the defendant (i.e., the owner or custodian of the property) must prove that the damage was caused by the victim or by a third party. Thus, the plaintiff must establish the relationship between the object or elements causing contamination and the alleged damage so that the liability may be enforceable. Under the heading referring to the restrictions and limits of ownership, Section 2,618 of the Civil Code refers to nuisance caused by smoke, heat, odors, luminosity, noises, vibrations or similar damages from any business activity in neighboring buildings. If such a nuisance
exceeds normal tolerance levels, taking into account the conditions of the place, and even if there is administrative authorization for the activity, the courts may order the cessation of the activity and/or the compensation for damages, depending on the circumstances. In addition to the cessation of the contaminating activity, sanctions may also include the obligation to improve the production process or to adopt new technical means to prevent future damaging events. FeDeRAL HAZARDOUs WAsTe STATUTes These laws set forth a legal presumption that hazardous waste constitutes a risk under Section 1,113 of the Civil Code and create a system of liability more stringent than the one provided by the code. The hazardous waste generator, as its owner, is liable for damages even if it has transported the waste to an offsite treatment or disposal plant, unless it can prove that the damage resulted from a defective treatment performed at this treatment or final disposal plant. Section 43 of Law No. 25,612 provides that a generator may also be exempted from civil liability for damages caused by wastes, if such damages resulted from the approved use of the wastes as consumables in a subsequent process. In earlier legislation, the generators liability terminated with the lawful transfer of ownership
No criminal liability exists for environmental crimes of the shareholders for acts conducted by a joint stock company.
of the wastes to a third party. In June 1994, the National Civil Court for the Federal District held that a defendant could be held strictly liable for environmental harm if it is shown that a hazardous product or dangerous corporate activity caused the harm (D.D. et al v. Fbrica de Opalinas Hurlingham S.A., National Civil Court for the Federal District, June 1994).
tion, the death of a person is considered an aggravating circumstance. Law No. 24,051 provides for criminal rules to apply throughout the territory of Argentina. Under Section 55, an offending party is considered to be anyone who poisons, adulterates or contaminates the soil, water, atmosphere or the environment in general in such a way that generates a risk to human health. Penalties consist of imprisonment. When these crimes are committed with negligence or without observing the rules or ordinances, imprisonment ranging from 1 month to 2 years can be imposed. In cases involving illness or death, the penalty can range from 6 months to 3 years. CRIMINAL SANCTIONs Managers, members of the superAlthough offenses against the visory committee and board of direcenvironment have not yet been spetors, administrators or representatives, cifically included in the criminal who have participated in a punishable code (there is currently a proposal event, may be held liable under this to add environmental offenses to the laws provisions. However, accordcode), the chapter covering offenses ing to case law, the imputed liability against public health is closely relat- of managers cannot be based only on ed to the environment. the executives or managers elevated Section 200 provides for a penalty position in the company. The execuof imprisonment ranging from 3 to tive must have had direct responsi10 years for poisoning or adulteratbility in overseeing the activity that ing drinking water, food or medical gave rise to the illegal act (Costantini, substances intended for public use or Rodolfo, et al., Federal Court in San consumption in a way which may be Martin, Province of Buenos Aires, dangerous to human health. In addi- August 1992).
No criminal liability exists for environmental crimes of the shareholders for acts conducted by a joint stock company. ENFORCeMeNT PRACTICes As courts interpret environmental laws and regulations and apply them to real-life situations, they continually interpret the intent of the law. Since 1989, court activities involving environmental matters have increased remarkably. Due to the 1994 amendment to the national constitution, nongovernmental organizations and individuals now have standing to launch protection suits for any damage to the environment, while in the past, courts dismissed such suits on the grounds that the plaintiff lacked procedural standing. Argentinian courts have decided cases in which individuals have made successful claims for the prevention or recovery of environmental damages. Moreover, through case law, various items, such as statutes of limitation or presumption of liability in environmental matters, have been developed. Further, in 1998, the Supreme Court of the Province of Buenos Aires recognized environmental damage as an independent category of damages and emphasized the importance of the prevention of such damage (Almada Hugo N. C. Copetro S.A., Supreme Court of the Province of Buenos Aires, May 1998). Since the enactment of Law No. 25,675 in 2002, courts have invoked the precautionary principle and have enforced the laws provisions requiring environmental impact assessments. In Burges v. Municipalidad de Salto, the Supreme Court of the Province of Buenos Aires enjoined the installation of a service station compressed natural gas pump because an environmental impact assessment had not been conducted in accordance with Sections 11 and 12 of Law No. 25,675 prior to the projects authorization by provincial authorities (Burges, Teresita Susana y Otros v. Municipalidad de Salto, Supreme Court of the Province of Buenos Aires, April 2003).
In Asociacin Coordinadora de Usuarios, Consumidores y Contribuyentes v. Enre-Edesur, the Federal Court of Appeals in La Plata relied on the precautionary principle set forth in Section 4 of Law No. 25,675 to overturn a lower court ruling and to enjoin the installation of electric cables that would allegedly have exposed residents to cancer-causing electromagnetic radiation. The court reasoned that although the causal relationship between the electric cables and incidence of cancer in the neighboring community could not be demonstrated to a scientific certainty, the precautionary principle enumerated in Law No. 25,675 required a ruling on the side of caution (Asociacin Coordinadora de Usuarios, Consumidores y Contribuyentes v. Enre-Edesur, Federal Court of Appeals in La Plata, July 2003). In Asociacin para la Proteccin del Medio Ambiente v. Aguas Argentinas y Otros, the Federal Court of Appeals in La Plata invoked the joint and several liability provision of Law No. 25,675 and ordered the defendants to take remedial measures to stop flooding allegedly caused by the diversion of the Rio de la Plata by Aguas Argentinas. The court invoked the precautionary principle in arriving at its conclusion that in the absence of an environmental impact assessment, there was sufficient certainty to impose joint liability upon all of the defendants (Asociacin para la Proteccin del Medio Ambiente y Educacin Ecolgica 18 de Octubre v. Aguas Argentinas SA y Otros, Federal Court of Appeals in La Plata, July 2003). In Asociacin Civil Nuevo Am. Cen. Vec. P. Lara v. CEAMSE S.A., the Federal Court of Appeals in La Plata invoked the precautionary principle and the congruence principle of Law No. 25,675 to confirm a lower court ruling and ordered the closure of one of the areas of the Coordinacin Ecolgica Area Metropolitana Sociedad del Estado (CEAMSE) disposal plant. The court reasoned that although the environmental damage could not be proved
through scientific evidence, it was by the River Basin Authority to necessary to take preventive meadetermine their polluting levels sures to protect the environment, in (Mendoza, Silvia Beatriz et al v. accordance with the so-called preEstado Nacional et al., National cautionary principle. The court also Supreme Court, August 2008). In Sagarduy, Alberto v. Copetro considered that the plaintiff had legal S.A., the Supreme Court of the standing to sue for environmental Province of Buenos Aires identified damages (Asociacin Civil Nuevo Am. Cen. Vec. P. Lara c/ CEAMSE individual environmental damages as S.A. s/ Amparo, Federal Court of an independent category of damages. Appeals in La Plata, June 2006). This court ruled that the statute of In Mendoza, Silvia Beatriz et limitations, in order to claim for envial v. Estado Nacional et al., a ronmental damages, would start from group of plaintiffs filed a lawsuit the moment that the injured person against 44 companies that allegedly had sufficient knowledge of the cause discharged wastewaters into the of the damages s/he suffered. This Matanza-Riachuelo Basin. During kind of knowledge only exists when2007, the Supreme Court declared ever a reasonable possibility of inforit had no jurisdiction to decide on mation exists about the cause of the toxic tort actions, referring those damage, such as the technical inforto local courts, but it accepted its mation that would allow the plaintiff original jurisdiction over the claim to properly file a law suit. The fact for collective environmental damthat the plaintiff was aware of damages, since water resources involve ages to his health or his property was different jurisdictions and that the not sufficient on its own to trigger national, provincial and city govern- the period of the statute of limitaments were parties. The court of last tion. Finally, the Supreme Court of resort even created special procedural rules for this case, such as public hearings. In 2008, the court ruled on rgentina has several sources of regulatory information. the remediation Some governmental agencies publish regulations that and prevention are issued in their own bulletins. However, these publicaof environmental tions are not issued regularly and are sometimes discondamages. In this tinued. Federal regulations are published in the Ofcial regard, the court Bulletin of the Argentine Republic. The Province of Buenos required a program Aires has its own ofcial bulletin that contains provincial through which regulations. Exclusive specialized periodicals (weekly and the national, promonthly) contain different types of regulatory information. vincial and city Albrematica S.A. publishes national and provincial regulagovernments, in tions on CD-ROM. equal parts, needed Regulatory information can be found in the following to: i) release envipublications: ronmental public Editorial Albrematica (ElDial) information; ii) clean up the river La Ley S.A.E.eI. course; iii) extend Lexis Nexis the water network; Ofcial Bulletin of the Argentine Republic and iv) establish (Boletn Ocial de la Repblica Argentina) an emergency medical care plan. Ofcial Bulletin of the Province of Buenos Aires In addition, all (Boletn Ocial de la Provincia de Buenos Aires) facilities involved Sistema Argentino de Informtica Jurdica in the litigation must be inspected
Regulatory Information
INFORMATION ACCess Section 41 of the national constitution specifies that the authorities shall provide information and education on environmental matters. Section 16 of Law No. 25,675 provides that citizens are entitled to receive unclassified information about environmental matters from the overseeing government agencies. Section 18 of the same law provides that authorities are responsible for providing public information about the state of environmental affairs and the possible effects on the environment of current and future activities affecting the environment. Furthermore, Sections 19 through 21 of Law No. 25,675 provide for citizen participation in administrative proceedings related to environmental matters. Additionally, some provinces (e.g., Mendoza in Section 33 of Law No. 5,961) have implemented free access to information in the public participation process to approve environmental impact assessments. In 2004, Law No. 25,831 on Free Access to Public Environmental Information was enacted. It mandates that all relevant data be made fully available to the public on all projects likely to have an environmental impact. Section 8 establishes that all public agencies and companies, as well as private utilities, must respond within 30 business days to any request on the actual or potential environmental impact of any activity or plan. AUDIT PRIVILeGe Government agencies have access to environmental No specific provisions in Argentinian law afford information on facilities during inspections conducted by protection against an enforcement action as a result of public entities with jurisdiction on environmental matters. adverse findings uncovered during a self-initiated SH&E In this respect, the agencies are allowed to review records, compliance audit. Violations of SH&E statutes and regu- reports, analysis and any other documentation not protectlations identified during the course of an audit may need ed by any commercial or industrial confidentiality right. to be reported depending on the circumstances involved. CONTAMINATeD LAND Although not specific to SH&E statutes and regulations, Argentina honors a general attorney-client privilege. Applicable Regulations Therefore, if an enforcement authority attempts to Pursuant to Section 41 of the national Constitution, obtain information based on a self-initiated audit, it Law No. 25,675 established regulations relating to the
the Province of Buenos Aires also established that issues related to determining the certainty of damages belong entirely to the courts of first instance, except in cases of gross, serious and evident mistake (Sagarduy, Alberto Omar v. Copetro S.A., Supreme Court of the Province of Buenos Aires, December 2008). In Asociacin para la proteccin medioambiental v. Fisco de la Provincia de Buenos Aires, the Administrative Court of First Instance of the City of La Plata ruled that whenever there is a relevant environmental public interest that is worth protecting, it is necessary to declare its importance within the procedure of precautionary measures. In this case, the court required five municipalities being sued and the Province of Buenos Aires to take the necessary actions to standardize the garbage recollection service in the area of the Las Piedras-San Francisco Basin, to clean up the garbage dumps identified and to organize a social education program that would increase the public awareness about solid urban wastes. Additionally, the court required 24 local companies to obtain the mandatory environmental insurance created by Section 22 of Law No. 25,675. In both instances, the lower court established a daily fine that would apply to the defendants in case they failed to comply with the obligations set forth in the ruling (Asociacin para la proteccin medioambiental v. Fisco de la Provincia de Buenos Aires, Administrative Court of First Instance of the City of La Plata, November 2008).
might be possible to file a protective suit based on constitutional property rights.
Key Agencies
National Electricity Regulatory Agency (Ente Nacional Regulador de la Electricidad) National Gas Regulatory Agency (Ente Nacional Regulador del Gas) National Nuclear Regulatory Agency (Autoridad Regulatoria Nuclear) Secretariat of Environment & Sustainable Development (Secretara de Ambiente y Desarrollo Sustentable) Water Regulatory Agency (Ente Regulador de Agua y Saneamiento)
repair and remediation of environmental damage, including contaminated land. Section 28 of that law requires entities that cause environmental harm to restore the conditions that existed prior to the environmental injury. Section 31 of Law No. 25,675 establishes joint and several liability for all parties, which contribute to an environmental harm. Additionally, Section 22 of this law establishes the obligation to have environmental insurance. Through Resolution No. 177/07 and its amendments, Resolutions No. 303/07 and Resolutions No. 1639/07, SESD established rules pursuant to this obligation. Among them are regulations for insurance policies and listed activities included in the regulation and the categorization of activities in accordance with their environmental complexity level. Resolution No. 177/07 requires that environmental insurance coverage is limited to the collective environmental damages.
An Evaluation of Environmental Risk (UERA) created by this resolution within the SESD area determines the minimum amount of coverage, updates the list of activities included in this regulation and decides the approval of remediation plans. At the end of 2007, SESD and the Secretariat of Finance passed a Joint Resolution No. 98/07 and Resolution No. 1973/07 that approved the Basic Guidelines of Contractual Conditions for Insurance Policies on collective environmental damages. This resolution establishes the different types of insurance allowed (liability insurance and bonding insurance), the scope of coverage (sudden or gradual collective environmental damage) and the extent of remediation activities, etc. The possibility of performing an Initial Assessment of Environmental Situation (SAI) to exclude preexisting damages from the coverage is also regulated by this joint resolution. Finally, SESD has approved minimum mandatory amounts of coverage through Resolution No. 1398/08. Although it has not yet been implemented, Section 34 of Law No. 25,675 contemplates an environmental compensation fund to be administered by competent provincial authorities and used to remediate environmental injuries. The environmental provisions of the national constitution have also directly served as a basis for assessing liability for the remediation of contaminated land in the past. For example, in Subterrneos de Buenos Aires v. Shell Capsa, the Federal Court of Appeals for the City of Buenos Aires held the defendant liable for the cleanup of contaminated soil on the aforementioned property (Subterrneos de Buenos Aires S.E. v. Shell Capsa, Federal Court of Appeals for the City of Buenos Aires, October 1999). Moreover, specific regulations pertaining to hazardous waste and underground storage tanks establish certain corrective measures and requirements to restore contaminated land in case of leakage or spillage. Liability for Preexisting Contamination Law No. 25,675 establishes requirements for the repair and remediation of environmental damage. These requirements may be interpreted as imposing liability for preexisting contamination. Therefore, a comprehensive inspection for contamination should be conducted prior to the transfer of any land to prevent the possibility of unexpected liability for preexisting contamination. Cleanup Standards Currently, no general legislation exists in Argentina regarding cleanup standards. However, since the Argentinian legislation does not provide general mandatory environmental standards, public agencies and courts have used international standards to determine to what extent a cleanup activity must be performed. Within the applicable international standards, the Dutch Soil Remediation Intervention Values, first issued in 1994 by the Dutch Ministry of Housing, Physical Planning and
Contacts
Argentine-American Chamber of Commerce
Argentine Consulate Ofce, Edicio Sarmiento
Embassy of the Argentine Republic

Provided courtesy of AECOM. Direct requests for additional country information to Halley Moriyama at hmoriyama@ensr.aecom.com; (978) 589-3233; or Jack Fearing, CPEA, at jack.fearing@dyn-intl.com; (703) 4627294.
Environment, have been the standards most often applied by public agencies and courts in Argentina. Property Transfer Legislation No specific legislation exists with respect to environmental matters in property transfer. However, general principles of civil law are applicable to these matters. RepORTING OBLIGATIONs Accidental Spills & Releases Several different regulations in Argentina govern the reporting of accidental spills or releases. Under Section 14 of Decree No. 831/93, hazardous materials, which are accidentally spilled or released become wastes subject to the requirements of Law No. 24,051, and spills or releases of such materials must be reported to governmental authorities within 30 days. Spills and releases from underground storage systems of combustible fuels, such as gasoline and petroleum, are governed by Resolution No. 404/94. Pursuant to Section 5 of Annex II of this resolution, a plan for corrective action must be submitted to appropriate oversight authorities within 5 days after a spill or loss, and a facility must propose to take one of the corrective measures enumerated in the resolution. Results of the corrective action must be reported to governmental authorities within 30 days of taking such action. Regarding storage tanks of combustible fuels, Resolution No. 785/05 creates a national program for the control of leaks. It also establishes inspection and operating requirements. In the Province of Buenos Aires, Resolution No. 1,200/00 establishes requirements for industries to report incidents that threaten the environment within 12 hours of their occurrence. Contamination Identied During Sampling Currently, no regulation exists in Argentina that requires the reporting of contamination identified during sampling.
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EnviroMentor

Atechnical publication of ASSEs Environmental Practice Specialty

PAGE10 INTERVIEW Safetys Role in Sustainability

What You Should Know & How They Affect You

Environmental Assessments & Trends

PAGE14 GREEN BUILDINGS Gaining Popularity

PAGE18 TOXIC SPILL Leaves Questions for Hungary

PAGE22 NATURE LAWS Argentinas Environmental Regulations

BY ASPET S. CHaTER, ERM, CHMM, REM, REA-I

For a complete Table of Contents, see page 3

1 EnviroMentor www.asse.org 2013

ReADY FOR SAFeTY 2013

Administrator MARY PRISBY (630) 390-5545

Assistant Administrator JAY BRAKENSIEK (909) 621-8538

Secretary RAmA K. CHARY

Publication Coordinator HERBERT BELL (909) 348-7483

Staff Liaison KRISTA SONNESON

Communications Specialist JOLINDA CAppELLO

Publication Design SIOBHAN LALLY

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HUNGARYs TOXIC SLUDGe SpILL

8 EPA IssUes STANDARDs

ARGeNTINA ENVIRONMeNTAL SAFeTY

14 RATING GReeN BUILDINGs

3 EnviroMentor www.asse.org 2013

and hydrochlorofluorocarbons (HCFCs), a class of chemicals used to replace CFCs, increased.

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EPA Issues Standards for Mercury Pollution

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ASSE Practice Specialties

Agricultural Health & Wellness Human Resources Legal Services

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COMMON INTEREST GROUPS

Blacks in Safety Engineering Safety Professionals & the Latino Workforce

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Integrating Safety Into Sustainability

SAFeTY & HeALTH SUsTAINABILITY

CSHS New CSHS Activities

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EPA Final Rule on Pulp & Paper Industry Emissions

CANT THINK OF A SOLUTION TO THAT REALLY BIG EHS CHALLENGE?

It will be okay with the ASSE

Your source for SH&E Answers and Solutions

Rating Green Buildings

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Fire Protection Practice Specialty

Welcome New Members

Hungarys Toxic Sludge Spill

Jolinda Cappello is a communications specialist at ASSE.

Practice Specialties Scholarship

EPA Issues Direct Final Rule on SNURs for 20 Chemical Substances

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Environmental Meeting & Networking Event

EPS Sponsored Sessions

Argentina Environmental Safety

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25 EnviroMentor www.asse.org 2013

might be possible to file a protective suit based on constitutional property rights.

26 EnviroMentor www.asse.org 2013