The Oilspot
Wednesday, February 6, 2002 VOLUME 7 ISSUE 6  


FRONT PAGE



EPA Releases Updated Tier II Reporting Software
EPA Seeks to Improve TRI Reporting
Clean Air Hearing Scheduled for February 12
GAO Report Points to Failures of SBREFA
Energy Task Force Debate Heats Up


Tesoro to Buy Valero Refinery
Refinery Strike Averted


Kroger Gases Up Two Indiana Supermarkets
Indiana Contemplating MTBE Ban


O'Malley Named Premcor CEO
Tokheim Wins Exclusive Dispenser Deal With Shell
New SBA Chief Counsel Approved
EPA Releases Updated Tier II Reporting Software
Provides for detailed reporting

The Environmental Protection Agency’s (EPA) Office of Chemical Emergency Preparedness and Prevention (CEPPO) has released an updated and revised software package that companies, including independent lubricant manufacturers, can use to comply with Tier II chemical inventory reporting requirements under section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA). EPCRA requires facilities to submit annual information reports on Tier I or Tier II forms on the chemicals present on site that require Material Safety Data Sheets (MSDS). In turn, state emergency response commissions, local emergency planning committees, and local fire companies use this information to develop community emergency plans. Most states now require the use of the more-detailed Tier II form.

The next Tier II report must be submitted to EPA by March 1, 2002. The Tier II software provided by EPA gives step-by-step guidance for preparing the information reports, and can be downloaded from EPA’s Office of Solid Waste and Emergency Response at http://www.epa.gov/ceppo/tier2.htm . EPA warns companies, however, that downloading the new software will replace any earlier versions and will erase any data already entered. EPA will offer assistance with the download so that existing data are not lost.
OSHA Will Increase Site Inspections in 2002

John Henshaw, Administrator of the Occupational Safety and Health Administration (OSHA), has announced that the Agency will increase its inspections of workplaces with the highest illness and injury rates during fiscal year 2002. In a statement released by the Agency, Henshaw stated that OSHA plans to conduct a total of 36,400 inspections in FY ‘02, up from slightly less than 35,800 inspections in FY ‘01 and roughly 36,000 inspections in FY ‘00.

“Our combined activities to protect workers’ safety and health are all built on the foundation of a strong, fair and effective enforcement program,” Henshaw said. “Our safety education programs, innovative compliance assistance and expanded safety and health partnerships all work together with strong enforcement to protect workers’ lives and health. OSHA needs to keep helping the majority of employers who want to do the right thing, but we also must aggressively pursue the ‘bad actors.’” The Administrator also noted that increased scrutiny would be focused on industries where a large number of non-English-speaking workers are at greatest risk, such as the construction industry.

In a related matter, OSHA has announced the availability of a new publication that will assist employers in complying with the Agency’s new illness and injury recordkeeping regulations. The publication, which is entitled “Recordkeeping: it’s new, it’s improved, and it’s easier . . .” explains the importance of injury and illness records, identifies basic recordkeeping requirements, highlights changes in the rule and includes a resource listing for additional information. The publication is available on OSHA’s website at http://www.osha-slc.gov/recordkeeping/pub3169text.html .


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