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Regulatory agencies use envi-ronmental assessments asthe best available indicators

of information on nationalconditions and trends in

air, water, land, human health and

ecological systems. The results fromthese assessments are used in legis-

lative discussions and proceedingsto promulgate laws and regulations

that have far-reaching impacts andconsequences on many industries and

companies across the country.

While there aremany defnitions

or risk, EPAconsiders risk tobe the chance o harmul eects

to human healthor to ecological 

 systems resultingrom exposure toan environmental 

 stressor.

For a completeTable of Contents,

see page 3

To arrive at the health of the envi-ronment, EPA uses risk assessmentto characterize the nature and magni-tude of health risks to humans (e.g.,residents, workers and recreationalvisitors) and ecological receptors(e.g., birds, sh, other wildlife) fromchemical contaminants and otherstressors that may be present in theenvironment. Similarly, state agen-

continued on page 4

What You Should Know & How They Aect You

PAGE 10INTERVIEWSaey’sRole Ssaably

D

Volume 12 • Number 3

A techNicAl publicAtioN of ASSe

eNViroNmeNtAl prActice SpeciAlt

PAGE 14GREENBUILDINGS GagPoplary

D

PAGE 18TOXIC SPILLLeavesQesos

or HgaryD

PAGE 22NATURELAWSArgea’sEvromeaReglaosD

EnviroMentor

By Aspet s. ChAter, erM, ChMM, reM, reA-I

Environmental

Assessments& Trends 

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EnvironmEntal PracticE SPEcial

OicERSAdministratorMary Prisby

(630) 390-5545

ehsmlprsby@mw.e

Assistant AdministratorJay brakensiek

(909) 621-8538

 jayb@.laremo.ed

SecretaryraMa k. Chary

haryrk@gmal.om

Publication Coordinatorherbert bell

(909) 348-7483

hbell@ess-saey.om

RESOuRcE SnAPSHOtEnvironmental Inormation 

Body o Knowledge

 Journal o SH&E Research

International Resource Guide

Networking Opportunities

Publication Opportunities

Volunteer Opportunities

ASSE StASta Liaisonkrista sonneson

ksoeso@asse.org

Communications SpecialistJolinda CaPPello

 jappello@asse.org

Publication Designsiobhan lally

slally@asse.org

EnviroMentor s a pblao o ASSE’s

Evromeal Prae Spealy, 1800 Eas

Oako S., Des Plaes, iL 60018, ad s ds

rbed ree o harge o members o he

Evromeal Prae Spealy. the op

expressed arles here are hose o he

ahor(s) ad are o eessarly hose o

ASSE. tehal aray s he resposbl

o he ahor(s). Sed address hages o

address above; ax o (847) 768-3434; or se

va e-mal o somerserve@asse.org.

administrator’s mEssaGE

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EnviroMentor www.e.g 2013

EnviroMento

Welcome new members and thank you to the volunteers who havestepped up to participate on the Advisory Committee. We haveheld successful open membership calls over the last severalmonths with dynamic discussions.

As environmental practitioners, we are busy completing regula-tory reporting as required by law and are working on new projectsand goals. These goals are not only for our employers, but for us on apersonal and professional level. Please visit the Environmental PracticeSpecialty (EPS) website for our strategic plan and consider par-ticipating in EPS as part of your goals.

There is so much emphasis on sustainability today. A search of EPA’s website for “sustainability” yields 12,900 results, and Googlelists 113,000,000 results. Do you know how many sustainability

items are in ASSE’s Body o Knowledge (BOK)? Send me youranswers, 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

a free webinar on sustainability and environmental management sys-tem tools. EPS will also sponsor several sessions at the conference on topics,such as sustainability, management principles, asbestos and energy manage-ment. 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. Pleasecontact them with any questions.

The Advisory Committee has met every month this year to ensure that weare providing quality content to our members. We continue to seek articlesfor EnviroMentor. One EPS goal for 2013 is to update and provide a guideof members who can provide insight, analysis and expertise as subject mat-ter experts in a variety of compentencies in the environmental eld. This“Subject Matter Expert Guide” will be posted in the BOK and will providean easy way to identify and connect with these experts in the environmentalprofession. If you are interested in being a subject matter expert, or knowsomeone, please contact Caitlin Anderson or through LinkedIn.

Remember, please join us at the EPS Networking Session, which willbe held on Tuesday, June 25th at 6:00 p.m. in the Las Vegas ConventionCenter, 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

Mary Prisby

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C O N T E N T S

PAGE 1 EnvironmEntal aSSESSmEntS 

& trEndS: What you Should 

KnoW & hoW thEy affEct you 

By Aspet S. Chater 

To preserve and protect the environment, as well as to promoteeconomic growth and prosperity, the U.S. needs a regulatory sys-tem that incorporates improved risk assessment process, elimi-nation of redundant rules, common-sense cost-benet analysis,regulatory reform and enforcement priorities.

PAGE 8 EPa iSSuES StandardS 

for mErcury Pollution

EPA has issued mercury and air toxics standards to reduce theemissions of dangerous pollutants such as arsenic, acid gas,nickel, selenium and cyanide.

PAGE 10 intEgrating SafEty into SuStainability

Tom Cecich, a member of ASSE’s board of directors andboard chair for the Center for Safety and Health Sustainability,explains what can be done to better integrate safety into sustain-ability initiatives.

PAGE 14  rating grEEn buildingS

By Cicely Enright 

More property investors and tenants are demanding space thathas earned Leadership in Energy and Environmental Design(LEED) certication or Energy Star rating.

hungary’S toxic 

SludgE SPill

By Jolinda CappelloAn overview of the October 2010 redaluminum sludge spill that engulfedthree towns in Veszprém County,Hungary.

argEntina 

EnvironmEntal 

SafEty

Argentina’s national constitution establishes the right of all citizens to enjoyhealthy, balanced and suitable environment and also includes a provision onpreserving the environment.

PAGE 18

PAGE 22

Volume 12 • Number 3

V W p L AD D

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Video Website PDF Hot Link Ad Link Direct Link

Click on these icons or immediate access or bonus inormation

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coNNectioN Key

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cies use risk assessment strategies todevelop environmental standards.

While there are many denitions

for risk, EPA considers risk to be the

chance of harmful effects to humanhealth or to ecological systems result-

ing from exposure to an environmen-tal stressor. Also, according to EPA,a stressor is any physical, chemical

or biological entity that can induce anadverse response.

Stressors mayadversely affectspecic natural

resources or

entire ecosys-

tems, includingplants and ani-

mals, as well asthe environment

with which theyinteract.

As per EPA,those who are ina position to helpand decide toprotect humans

and the environment from stressorsor contaminants are called risk man-

agers, which include:•federal or state ofcials whose

 job it is to protect the environment;•business leaders who work at

companies that can impact the envi-ronment; or

•private citizens who make deci-sions regarding risk.

riSK aSSESSmEnt

Risk assessment is performed intwo distinct areas: human health andecological risk. A human health risk

assessment is the process to estimatethe nature and probability of adversehealth effects in humans who maybe exposed to chemicals in contami-nated environmental media, now orin the future. On the other hand, anecological risk assessment is theprocess of evaluating how likely it isthat the environment may be impact-ed as a result of exposure to one ormore environmental stressors, such

as chemicals, land change, disease,invasive species and climate change.

Risk assessment is a scienticprocess. Factors to consider include:

•how much of a chemical is pres-ent in an environmental medium

(e.g., soil, water, air);•how much contact (exposure)a person or ecological receptor haswith the contaminated environmentalmedium; and

•the inherent toxicity of thechemical.

Important factors, such as vari-ability, uncertainty and probabilisticmodeling, should be consideredsince any one of these factors canaffect risk assessment outcomes andkey indicators.

variability

Variability refers to the rangeof toxic response or exposure. Forexample, the dose that might causea toxic response can vary from oneperson to the next depending onfactors, such as genetic differences,preexisting medical conditions, etc.Exposure may vary from one personto the next depending on factors,such as where one works, time spentindoors or out, where one lives, how

much people eat or drink, etc.

uncErtainty

Uncertainty refers to the inabilityto know for sure; it is often due toincomplete data. For example, whenassessing the potential for risks topeople, toxicology studies generallyinvolve dosing of sexually maturetest animals, such as rats, as a sur-rogate for humans. Since it is notknown how differently humans andrats respond, EPA often employs

the use of an uncertainty factor toaccount for possible differences.Additional consideration may alsobe made if there is some reason tobelieve that the very young are moresusceptible than adults or if key toxi-cology studies are not available.

ProbabiliStic modEling

A related term, probabilisticmodeling is a technique that uses the

entire range of input data to develop a

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probability distribution of exposurerisk rather than a single point value

The input data can be measured values and/or estimated distributions.

Values for these input parameters asampled thousands of times through

a modeling or simulation processto develop a distribution of likely

exposure or risk. Probabilistic modecan be used to evaluate the impact ovariability and uncertainty in the va

ous input parameters, such as envi-ronmental exposure levels, fate and

transport processes, etc.Results from human health and

ecological risk assessments are usenot only to evaluate the health of thenvironment, but they offer how keindicators (pollutants, chemicals or

toxins) are trending.As per EPA’s 2008 Report on th

Environment, following are key incator trends.

outdoor air

Nationwide, emissions of criteriapollutants (or the pollutants that for

them) due to human activities havedecreased. Between 1990 and 2002

emissions of carbon monoxide, volatile organic compounds (which lead

to the formation of ozone), particula

matter, sulfur dioxide and nitrogenoxides (which lead to the forma-tion of ozone and particulate matterdecreased by differing amounts, ran

ing from 17% to 44%. For lead, emsions have decreased by 99%, but th

reduction is based on data that spanlonger timeframe (1970 to 2002).

Outdoor air concentrations of 

carbon monoxide, lead, nitrogendioxide, ozone and particulate mat-

ter have decreased over the decadesduring which the current nationwid

monitoring network has operated.These reductions are consistent witthe observed decreases in emission

mentioned previously. In most or aof the U.S., outdoor air concentra-

tions of carbon monoxide, lead andnitrogen dioxide have decreased su

that levels now meet EPA’s standarto protect human health and the envronment. Although outdoor air con

centrations of ozone and particulatematter have decreased nationwide,

EnvironmentalAssessments & Trends

continued from page 1

CovEr story

Overall, thehealth o the

U.S. population

has continued toimprove. Mortality rates continueto decline and 

lie expectancy continues to

increase.

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concentrations still exceed EPA’sstandards 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 acrossall 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 concen-

trations of benzene, which decreased

by 55% between 1994 and 2006.

National indicators are not avail-

able for other aspects of outdoor air

quality. While indicators provide

insights on emissions and outdoor air

concentration trends for many pollut-ants, monitoring networks are not yet

extensive enough to determine nation-

al trends in concentrations for all pol-

lutants, including many air toxics.

Further, the indicators are limitedin quantifying how exposures tosingle pollutants and mixtures of airpollutants affect human health andthe environment. Although strongevidence links outdoor air pollutionto health effects at specic locations,few long-term studies at a national

scale have measured the extentto which health effects are linkeddirectly to outdoor air quality.

acid rain & rEgional hazE

Nationwide, emissions of the

main pollutants that form acid rain

decreased between 1990 and 2002.

Emissions of sulfur dioxide due to

human activities decreased by 37%,

and emissions of nitrogen oxides due

to human activities declined by 17%.

Acid rain, as measured by wet deposi-

tion of sulfates and nitrates, decreasedacross most of the country from 1989

to 2006. Consistent with emissions

data, average regional decreases in

wet deposition of sulfate during this

time were 35% in the Northeast, 33%

in the Midwest, 28% in the Mid-

Atlantic and 20% in the Southeast.

Wet deposition of nitrate alsodecreased in some parts of the coun-

try but to a lesser extent than wetdeposition of sulfate. Many surface

waters in the Adirondack Mountains,New England and the northern

Appalachian regions became lessacidic between the early 1990s and2005. This change corresponds to a

decrease in acid rain in these regions.

While acidic surface waters are stillfound in these areas, some surfacewaters are showing signs of recovery.

National indicators are not avail-able to track trends in other waysthat acid rain has harmed the envi-ronment or human health. Regionalhaze in 38 national parks and wilder-ness areas improved between 1992and 2004, with the average annualvisual range (or distance that onecan see) gradually increasing. Onaverage, the West has substantially

better visibility than the East due toregional differences in air pollutionand greater humidity in the East.National indicators have not beendeveloped to track visibility in citiesor other populated areas.

ozonE dEPlEtion

Stratospheric ozone over NorthAmerica decreased through the1980s and early 1990s but has start-ed to recover. Before the late 1970s,there was little change, beyond

natural variations, in the thickness of the ozone layer over North America.Since then, the thickness of theozone layer decreased, reaching itslowest level in 1993, with no furtherdecline occurring in more recentyears. While the ozone layer hasbegun to recover, ozone levels overNorth America during 2002 to 2005were still 3% lower, on average, thanthose observed 20 years earlier.

Tropospheric concentrations of total ozone-depleting substances

have been slowly declining. Between1995 and 2006, total ozone-depletingsubstances in the troposphere havedeclined by 12%, and this declinehas contributed to the recent recov-ery in stratospheric ozone levels. Thetrends for individual ozone-depletingsubstances vary. Tropospheric con-centrations of many ozone-depletingsubstances have declined since theearly 1990s, but concentrations of halons (re extinguishing agents)

and hydrochlorouorocarbons(HCFCs), a class of chemicals usedto replace CFCs, increased.

grEEnhouSE gaSES

Global atmospheric concentra-tions of several important greenhousegases have risen substantially overthe past 100 years. Measurementsof gases trapped historically inAntarctic ice conrm that the currentglobal atmospheric concentrationsof carbon dioxide and methane areunprecedented over the past 650,000years, even after accounting fornatural uctuations. Concentrationsof nitrous oxide are 18% higher thanpreindustrial levels; and concentra-tions of certain synthetic chemicals

were essentially zero a few decadesago but increased rapidly between1980 and 2006.

Between 1990 and 2005, U.S.greenhouse gas emissions fromhuman activities rose 16%; theprimary source of these emissionswas fossil fuel combustion. Carbondioxide, widely reported as the mostimportant greenhouse gas, makes upmost of this increase. Energy use,primarily electricity generation andtransportation, accounted for approx-

imately 85% of the U.S. greenhousegas emissions in 2005.

While trends in U.S. emissionsand global atmospheric concentra-

tions of greenhouse gases are basedon robust data, gaps remain. For bothemissions and concentrations, trendshave been quantied for several of 

the most important greenhouse gases

but not for every greenhouse gas.

WatEr

Since 1960, more than half of 

the rivers and streams measurednationwide have shownmajor changes in the volumeof high and low ows overtime. In largely arid grass-lands and shrub lands, thepercentage of streams withno-ow periods decreasedslightly between 1960 and2006, along with the averagelength of no-ow periods.

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Fresh surface waters show a mixed picture of chemi-cal condition. Acidity has decreased since the early

1990s in lakes and streams in most regions sensitiveto acid rain, although one region showed little change.

Approximately 30% of the nation’s

wadeable stream miles contain

high nitrogen and phosphorus con-centrations. Over the last severaldecades, nitrate loads increased in

the Mississippi River. Phosphorusloads decreased in the St. Lawrence

and Susquehanna Rivers but showedno clear trend in the Mississippi orColumbia rivers.

The extent of surface waters andmany key stressors are not currently

tracked by national indicators. Keystressors include pollution from vari-

ous sources and toxic contaminants

in sediments, which can impactwater quality and potentially enterthe aquatic food web.

land

Forest cover and agriculture arethe two most common types of land

cover in the U.S. In 2001, of the approximately 2.3 bil-lion acres of land in the nation, 641 million acres wereforest cover, 449 million acres were agriculture, 419 mil-lion acres were shrub, 291 million acres were grass and103 million acres were developed land. These estimateswere derived from satellite data.

The total amount of forest in the U.S. declined overthe last century but has been increasing in recent years.

Regional variations exist. Forest cover has increased in the

Northeast, Mid-Atlantic and Midwest and has decreased in

the West and Southwest. Comparing and integrating land

cover information are difcult. Different agencies collect

data on land cover, often at varying times and for differ-

ent purposes. These agencies also dene and classify land

cover differently and at varying levels of detail. The most

recent comprehensive data available are from 2001.

WaStE & thE EnvironmEnt

Since 1990, the per capita municipal solid waste gen-

eration rate has remained stable at 4.5 pounds per personper day. As the U.S. population has increased, however,the nation has steadily generated more municipal solidwaste. Generation increased from 88 million tons in1960 to 251 million tons in 2006.

Hazardous waste generation has declined. Hazardouswaste generation dropped from roughly 36 million tonsin 1999 to 28 million tons in 2005. Recycling or com-posting of municipal solid waste increased from 6% to33% since 1960. Hazardous waste recycling rose onlyslightly between 1999 and 2005 and remains at less than10%. Most waste is still disposed of on land. In 2006,55% of municipal solid waste was disposed of in land-

lls, compared to 94% in 1960. Of the hazardous wastdisposed of on land in 2005, 90% was injected deep inthe ground in permitted wells, and the remaining 10%was treated and disposed of in a manner to minimize rito human health and the environment.

Information about many types of waste is not curren

ly available at the national level. Also, data are lackingabout exposure and the effects of waste and managemepractices on human health and the environment. Thepotential effects associated with waste vary widely andare inuenced by the substances or chemicals found inwaste and how they are managed.

chEmicalS aPPliEd & rElEaSEd to land

The amount of certain toxic chemicals in indus-trial waste materials decreased by more than 4 billionpounds (16%) between 1998 and 2005. In 2005, the Uhandled 1.1 billion pounds of persistent bioaccumulativand toxic chemicals in industrial waste, along with 24

billion pounds of other toxic chemicals that are subjectto reporting to EPA under the Toxics Release Inventor(TRI) program. The metal mining industry has accountfor 35% of the total TRI chemicals in production-relatewastes released to the environment since 1998.

Over the past 45 years, the use of fertilizers, includ-ing nitrogen, phosphate and potash, has increased nearthree-fold. The combined use of these three chemicalsrose from 46 pounds per acre per year in 1960 to 138pounds per acre in 2005.

Nitrogen accounted for the steepest increase. While f

tilizers are not inherently harmful, they have the potentia

to contaminate ground and surface water when applied

improperly or in excessive quantities. In annual surveysconducted since 1994, 42% to 71% of food samples hav

shown detectable amounts of pesticide residue. A small

fraction of samples (approximately 1 out of every 500) h

pesticides at concentrations that exceeded tolerance leve

designed to protect human health. Foods tested include

fruits, vegetables, grains, meat and dairy products.

Data about chemicals used on land are limited. Some

data are available on pesticide and fertilizer use on agri-

cultural lands. However, agencies collect national informa

tion on only a fraction of all chemicals used in the U.S.

Consistent national indicators are lacking regarding when

where and how frequently chemicals are applied to land a

the potential impact when they contain toxic ingredients.

hEalth StatuS

Overall, the health of the U.S. population has continued to improve. Mortality rates continue to decline andlife expectancy continues to increase due to factors, sucas improved medical care over the past few decades.

However, life expectancies in the U.S. are lower than

many other countries. In 2004, the U.S. ranked 35th in lif

expectancy for men and women among the 192 nations a

states that are members of the World Health Organization

The three leading causes of death in the U.S.—heardisease, cancer and stroke—remain unchanged since

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We can better 

meet the goals o both preserving

and protectingthe environment 

and promotingeconomic growth

and prosperity across the U.S. by 

having an efcient,accountable and 

air regulatory  system.

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1999. Measures of premature death show that injuriesare the leading cause of death, followed by cancer andheart 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 timeshigher than the lowest rates reported worldwide.

Given that promulgated regulatory cleanup, dischargeand health standards are derived from risk assessmentsand trends, companies are encouraged to participatein the regulatory deliberation processes. This can bedone through industry association or as a company, aninterested citizen or a community. Cost of regulatorycompliance is expected to increase exponentially. Also,enforcement trends are not in favor of companies. Addednes, investigations, remedies and agency responsessubstantially erode a company’s valuable assets. Thismeans that environmental, safety and health profession-

als should assume a greater role in ensuring that they:•are actively involved in reviewing proposed rules or

amendments to existing rules because uncertainty, variabil-

ity factors and particularly modeling assumptions can drive

regulatory decisions that drive cost of doing business;

•remain proactive on performing environmentalassessments to establish environmental liabilities;

•conduct remedies following prudent risk assessmentprocesses;

•proper structuring and implementation of new rulesand regulations.

rEgulationS

According to Lincoln and Danner (2013), since2012 Election Day alone, Washington has issuedmore than 800 new rules. Additionally, according to arecent George Washington University and WashingtonUniversity analysis, in 2012, 283,615 full-time govern-ment employees were dedicated to drafting and enforc-ing regulations, while fewer than 50 employees at theOfce of Management and Budget were responsible forreviewing the new regulatory mandates to ensure thatthey are justied and accurate prior to implementation.

According to a study released in November 2012 bythe National Association of Manufacturers, major newEPA rules could cost manufacturers hundreds of billions

of dollars and could eliminate millions of U.S. jobs. Thestudy examines the cumulative impact of EPA’s newlayers of red tape that are burdening job creators withhigh costs and driving up energy prices. The authorswarn EPA’s actions will prohibit job creation and invest-ment and could cripple economic recovery.

The report analyzes the cumulative cost of new majorEPA rules affecting the nation’s power sector, includ-ing the Utility MACT Rule, the Boiler MACT Rule, theCoal Ash Rule, the Coal Combustion Residuals Rule, theCooling Water Intake Structures Rule, the Cross-State

Air Pollution Rule and the anticipated new NationalAmbient Air Quality Standards for Ozone.

The report nds compliance costs for the six regula-tions could total up to $111.2 billion by EPA estimatesand up to $138.2 billion by industry estimates. Total cap-ital 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.“EPA’s expansion of red tape is strangling job cre-

ators and American consumers at a time when they canleast afford it. This report offers further evidence thatEPA’s policies will hinder our economic recovery andthe growth of American manufacturing,” said Energyand Power Subcommittee Chair Ed Whiteld (R-KY).“Rather than burdening American businesses with highcompliance costs and uncertainty, we need common-sense policies that will foster investment and will helpbring manufacturing jobs back to America.”

concluSionWe can better meet the goals of both preserving and

protecting the environment and promoting economicgrowth and prosperity across the U.S. by having anefcient, accountable and fair regulatory system thatincorporates improved risk assessment process, elimi-nation of redundant rules, common-sense cost-benetanalysis, regulatory reform and enforcement priorities.Overregulation imposes enormous hidden costs on theeconomy. It creates huge compliance costs on busi-nesses, which in turn slows economic growth and con-strains job creation. The cost on our economy continuesto grow, as a mountain of federal rules and regulations

continues to grow. In light of the persistent economicrecession and growing national decit, we must continueto improve the health of the environment. • 

rEfErEncES

EPA. (2008). Report on the environment. Retrievedfrom http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=190806 

Lincoln, B. & Danner, D. (2013, Feb. 11). Regulatoryreform necessary for economic growth. The Hill’sCongress Blog. Retrieved from http://thehill.com/blogs/congress-blog/economy-a-budget/282285-regulatory-reform-necessary-for-economic-growth  

U.S. House of Energy & Commerce Committee.(2012, Nov. 30). NAM study: EPA regulations will driveup manufacturing costs, cripple economic recovery.

Aspet S. Chater, ERM, CHMM, REM, REA-I, is a senior con-sultant, casualty risk consulting and claims, at Aon Risk Solutionsin Los Angeles, CA.

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EnvironmEnt

EPA has issued mercury and air toxics standards toreduce the emissions of dangerous pollutants likearsenic, acid gas, nickel, selenium and cyanide.

Mercury has been shown to harm the nervous systems of children exposed in the womb, impairing thinking, learn-ing and early development. Other pollutants that will beslashed by these standards can cause cancer, prematuredeath, heart disease and asthma.

More than 900,000 public comments contributed tothese nal standards, which focus on readily available,proven pollution control technologies that are alreadyin use at more than half of the nation’s coal-red powerplants. EPA estimates that these standards will prevent asmany as 11,000 premature deaths and 4,700 heart attacksa year and will also help prevent nearly 130,000 cases

of childhood asthma symptoms and about 6,300 fewercases of acute bronchitis among American children eacyear. The agency predicts that manufacturing, engineering, installing and maintaining the pollution controls tomeet these standards will provide employment for thousands, including 46,000 short-term construction jobs an8,000 long-term utility jobs.

“Since toxic air pollution from power plants can ma

people sick and can cut lives short, the new mercuryand air toxics standards are a huge victory for publichealth,” says Albert Rizzo, national volunteer chair of the American Lung Association (ALA). “ALA expectsall oil and coal-red power plants to act now to protectall Americans, especially our children, from the healthrisks imposed by these dangerous air pollutants.”

The standards, which are issued in response to acourt deadline, are in keeping with President Obama’sexecutive order on regulatory reform. Based on the latedata, they provide industry exibility in implementatiothrough a phased-in approach and use of already-existi

technologies. They also come with a presidential memrandum that directs EPA to use tools provided in theClean Air Act and to implement them in a cost-effectivmanner that ensures electric reliability. For example,under these standards, EPA is not only providing thestandard 3 years for compliance, but also encouragingauthorities to make a 4th year widely available for technology installations.

“With these standards that were 2 decades in the maing, EPA is rounding out a year of incredible progress clean air in America with another action that will ben-et the American people for years to come,” says EPAAdministrator Lisa Jackson. “The mercury and air toxi

standards will protect millions of families and childrenfrom harmful and costly air pollution and will providethe American people with health benets that far out-weigh the costs of compliance.”

EPA estimates that for every dollar spent to reducepollution from power plants, the American public willsee up to $9 in health benets. The total health and economic benets of this standard are estimated to be asmuch as $90 billion annually. The mercury and air toxstandards and the nal cross-state air pollution rule areestimated to prevent up to 46,000 premature deaths. Fomore information, click here. •

EPA IssuesStandards forMercury Pollution

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• Network with industry professionals via LinkedIn

• Engage in conference calls and meetings

• Receive triannual electronic technical publications

• Access interviews with top industry professionals

• Earn COCs through multiple publication opportunities

• Tap into advisory committee guidance and advice

• Explore volunteer and leadership opportunities

• Receive discounts on group-sponsored webinars

• Request group sponsorship on conference speaking proposals

• Participate in mentoring services

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Taskforce chaired by KathySeabrook, we tried to answer that.We quickly determined that the safe-ty and health metrics used to denesustainable organizations lack mean-

ing and are not standardized.Of the 150 to 200 different globalsustainability reporting and ratingorganizations, most include a workersafety component in their reporting,but the safety information is not stan-dardized, making comparison impos-sible. In most cases, the informationcollected does not relate directly tothe effectiveness or commitment of an organization’s safety efforts. Weare developing standardized metricsthat are meaningful in that they aim

to inuence good safety perfor-mance and promote an organiza-tion’s commitment to safety. Globalsustainability rating and reportingorganizations are being encouragedto adopt metrics or indicators thatwould better represent good safetyand health performance—the typeyou would expect to see in organiza-tion considered “sustainable.”

EPS:  How can global safety met-rics and indicators, as well as exter-

nal safety and health rating systems, be improved?TC: We need to have metrics that

both encourage and reect good safe-

ty performance. They should not justbe based on outcomes (injury and

illness statistics), but on leading met-rics as well. These metrics need to be

standardized so the many sustainabil-ity rating organizations can all mea-

sure safety and health performance inthe same way and make it easier forstakeholders to compare data.

EPS: Why are leading indicatorsso important in measuring and 

reporting on safety and health per- formance?TC: Leading indicators reect

what actions organizations are plan-

ning to implement and monitor inorder to improve safety performance.Outcome metrics are only a rearview of where an organization hasbeen. Outcome metrics are impor-tant, but those alone are insufcientto 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 organiza-

tions worldwide?TC: The Center has developedkey safety and health program indi-cators dening the elements youwould expect to nd in a sustain-able organization. Included are keyareas, such as what an organization’svalues and beliefs are, how safety isincluded in operational excellence,what processes are in place to ensureoversight and transparency, howcommitted senior executives are tosafety and health, what the organiza-

tion’s code of business practices isand how an organization conductsitself from a safety and health stand-point throughout its supply chain.

We call these key programelements the Safety and HealthFramework and are in the process of further dening how each of thoseelements is measured. We will trial-test these elements in a broad range

of organizations, not just traditionalbusinesses, as all organizations havethe responsibility for being sustain-able. An example of an organizationthat is not a traditional business isthe U.S. Army, which has recog-nized the importance of sustainabil-ity and has submitted public reportsof its commitments.

EPS: What is the Center for Safetyand Health Sustainability doing to

 promote the importance of safety as

 part of good corporate governanceand corporate social responsibility/ sustainability?TC: Sustainability is global issue.

That is why we realized that eventhough ASSE is working to expandits global reach and inuence, itdoes not have a critical mass of global professionals at this point tomake the level of impact we hopeto achieve. As a result, we reachedout to international partners for col-laboration. The focus is having a

consistent voice for the importanceof safety in sustainability discus-sions. We participate in meetings,comment on sustainability measures,such as the GRI initiative, conduct

The saety and health

community hasnot yet embraced 

 sustainability,even though it is

completely relevant to our work.

CSHSnew cSHSAves

W

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research on what denes “sustainableorganizations” and are developing theSafety and Health Framework. Weare looking to move the conversationforward by being a consolidated pres-ence and by developing information

that we can use to educate both thebusiness and safety communities onnot only the importance of safety andhealth, but how you dene, measureand report on it.

EPS:  How can SH&E professionalsbest work with their organizations

to ensure that safety and health areincluded in sustainability policies?TC: The rst thing is to communi-

cate, communicate, communicate. Buy-in is important.Some in the safety and health community say that sus-

tainability is the passing fad of this past decade and thatit will burn out. We do not see any evidence that this isthe case. There continue to be high-prole tragedies thatresult in the tragic loss of life, such as the recent resin Pakistan and Bangladesh. These factories producedproducts for Western markets and brands. As safetyprofessionals, we must speak out against against work-place conditions that allow these events to occur. Wein the safety and health community need to advocatethat organizations claiming to have sustainable businessmodels are sorely decient if workplace safety is nottaken into account throughout their supply chains. Safetyprofessionals are putting greater emphasis on making

risk-based decisions and dening organizational risk. Wehave the important responsibility to identify, assess andmanage risks and then report this up the managementchain. After all, the proper management of risk is one of the dening features of a sustainable organization. •

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EnviroMentor www.e.g 2013

Some in the saety and health

community say that sustainability is the

 passing ad o this past decade and that it will burn

out. We do not seeany evidence that 

this is the case.

Upcoming Live Webinars

(11:00 am—12:30 pm Central)

90 Minutes to Saety Culture Excellence Je 5, 2013

Social Media & Crisis Communications Jly 24, 2013

Zero-Incident Goals Create Risk-Taking

Cultures: Learn to Measure What Matters 

Jly 31, 2013

Best Practices in Fatigue Management:Promoting Saety & Wellness or

Shit Workers 

Sep. 18, 2013Intergenerational Eects o Maternal

Exposures to Environmental Hazards 

Sep. 25, 2013

On-Demand Offerings

Making Metrics Matter

The CSP Experience

Z10-2012: Occupational Health & Saety

Management Systems

Law or the Saety Proessional Prevention Through Design Virtual

Symposium

 Virtual Classroom

EPA has publshed a fnal rule seng he resdual rsk and echnologyrevew conduced or he pulp and paper ndusry source caegory

regulaed under naonal emsson sandards or hazardous ar polluans.i fnalzes amendmens o he naonal emsson sandards or hazardousar polluans ha nclude a requremen or 5-year repea emssons esng or seleced process equpmen;revsons o provsons addressng perods o sarup, shudown and maluncon; a requremen or elecroncreporng; addonal es mehods or measurng mehanol emssons; and echncal and edoral changes.EPA expecs he amendmens o ensure ha conrol sysems are properly mananed over me, ensure con-nuous complance wh sandards and mprove daa accessbly. EPA esmaes acles naonwde wllspend $2.1 mllon per year o comply. ths fnal acon became eecve on Sepember 11, 2012. Click here 

or more normaon. •

EPA Final Rule onPulp & Paper Industry Emissions

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Green” buildings outperform more traditional con-

struction in sale price and rental rates, as well asoccupancy.

That is according to a March 2008 studyby the CoStar Group Inc., a Nasdaq-listed provider of information and marketing services to the commercialreal estate industry, which found that more propertyinvestors and tenants are demanding space that hasearned Leadership in Energy and Environmental Design(LEED) certication or Energy Star rating.

These programs, which include LEED, GreenGlobes, Energy Star and others, represent approaches

to “greening” a building, accordingto Dru Meadows, principal at the

GreenTeam Inc. in Tulsa, OK, andchair of Subcommittee E06.71 onSustainability. “The green buildingrating programs provide guidance onenvironmentally responsible design/construction options. And they pro-vide awards, public recognition of effort,” she says.

Building ratings typically comefrom checklists that require a mini-mum number of points to be earnedin any combination. The use of solarenergy or other renewable resources,

recycling materials, such as grindingleftover wood into mulch, reusing concrete for counter-tops and a site plan that reduces environmental impact,are just a few examples of considerations.

Meadows notes that in addition to the checklistapproach, a “custom approach” to rating programs can be

taken. “Both approaches have advantages and disadvan-tages. The checklist approach requires a working knowl-

edge of the rating program and the various point options.It may not provide the best, most ecoefcient result. The

custom approach [lifecycle assessment (LCA)] requiresa working knowledge of environmental issues and LCA

methodologies. It is usually more expensive and time-consuming initially. However, it is more likely to identifythe best, most ecoefcient design solution.”

These programs cite standards, including manyASTM International standards, to establish performancecriteria for various program components. More than 500ASTM standards related to building and other indus-try sectors are collected in a sustainability database.In addition, E06.71, a part of Committee E06 onPerformance of Buildings, has developed a proposedstandard that all green building ratings programs coulduse: a specication on what constitutes the minimumattributes for a building that claims to promote sustain-

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EnviroMentor www.e.g 2013

ability, one that considers social and economic aspects

well as environmental.

uSgbc & lEEdPerhaps the most familiar green rating program in th

U.S., the LEED green building rating system can be usby groups from architects to contractors, realtors to facity managers in building and maintaining commercialbuildings, houses, schools and more.

The program uses a point system that grades perfor-mance in ve areas:

•sustainable site development;•water savings;•energy efciency;

•materials selection; and•indoor environmental quality.LEED has come a long way since its late 1990s intr

duction, and the 1993 founding of its sponsoring orga-nization, the U.S. Green Building Council (USGBC).According to USGBC, more than 1,500 buildings havebeen LEED-certied and more than 11,000 currentlyseek that distinction.

gbi & grEEn globES

Another rating program, Green Globes, from theGreen Building Initiative, combines software and protocols that award new construction and existing building

one to four globes in the U.S. and one to ve in Canadbased on environmental performance. The federal courbuilding in Toronto, Ontario, Canada; the William J.Clinton Presidential Center in Little Rock, AR, and theAlberici Corp. headquarters in St. Louis, MO, all haveachieved recognition through Green Globes.

Green Globes applications, which are evaluated byqualied independent assessors, receive a comprehensirating based on the categories of:

•energy;•indoor environment;•site impact;•water;

•resources;•emissions; and•project/environmental management.Green Globes originated with the Building Research

Establishment’s 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 proce

sustainability By CICely enrIght

Rating Green Buildings

In the movement toward more

 sustainablebuildings, green

building rating programs play 

their part, as do standards on

 sustainability.

“

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othEr grEEn building ProgramS

While LEED and Green Globes represent two ratingprograms to advance green building, other groups arealso working toward greener construction.

ASHRAE/IESNA/USGBC 189, Standard for theDesign of High-Performance Green Buildings ExceptLow-Rise Residential Buildings, which was developedby the American Society of Heating, Refrigerating andAir Conditioning Engineers (ASHRAE) in conjunc-tion with the Illuminating Engineering Society of NorthAmerica and the U.S. Green Building Council, addressesgreen building practices for new commercial buildingsand major renovations.

The National Association of Home Builders, inassociation with the International Code Council, hasalso developed a green building standard. And with itsEnergy Star program, EPA and the U.S. Department of Energy take an energy-focused approach toward efcientproducts and practices to protect the environment.

WK11944, aStm StandardS & rating SyStEmS

Meadows emphasizes that green should not be con-fused with sustainable. “‘Green’ is used interchangeably

with ‘environmental,’” she says. “Sustainability encom-passes environmental, economic and social aspects.”

And, as indicated, an E06.71 task group has developed

a proposed specication 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,

Specication for Minimum Building Attributes that

Promote Sustainability, which will join not only the sus-

tainability standards from E06.71, but also many others

from ASTM technical committees. He feels that this work

is signicant. “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 nal consensus and is

published, it could nd use in LEED, Green Globes andother rating programs. “The standard could be used asa prerequisite to green building programs; the GreenBuilding Initiative is considering this for its GreenGlobes rating program,” says Meadows.

To develop the proposed specication, 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 nd commonali-

ties, Stone explains. Those involved—material producers,

government representatives, architects, managers, designers,

scientists, academics—worked to dene what minimum

attributes need to be addressed to claim a building is sus-

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tainable. It is a noteworthy effort, according to Stone:

“There has not been consensus in the past on this.”

The proposed specication mainly addresses newconstruction but can also be used for major renova-tions and existing buildings, and it establishes mini-mum building attributes and consistency in reporting

about building sustainability.The standard, once published, will add to the com-piled group of ASTM International standards, more

than 500 of them, related to sustainability. NumerousASTM committees, from A01on Steel, Stainless Steeland Related Alloys to G02on Wear and Erosion, areresponsible for standards from

acoustics to water stewardship,air quality to waste management.

Alison Kinn Bennett, co-chair of 

the EPA Green Building Work Group

and an E06 member, is developingcriteria for standards to be includedin ASTM’s sustainability database.

“By inviting all ASTM committeesto propose standards for inclusion,

we will not only grow the database,but also can start the education andintegration of sustainability concepts

across ASTM. There are already somany standards that can advance the

sustainability movement,” she says.“‘Green’ or ‘sustainable’ may not be

keywords in a standard, and yet it

may very well support environmental,social or economic principles of sus-

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EnviroMentor www.e.g 2013

The proposed  specifcation

mainly addressesnew construction

but can also be

used or major renovations and existing buildings,and it establishes

minimum buildingattributes and 

consistency in reporting

about building sustainability.

the re Proeo Prae Spealy (PPS) was oded 2004. PPS was ormed o oerae o freproeo, preveo, preparedess ad mgao sses. PPS dlgely addresses ho ops relaed o

fre saey ad s a valable resore or ehal oe relaed o hs feld. PPS s led by a voleer

advsory ommee wh exesve experee ad experse he feld o fre saey. PPS works hard o o-rbe ehal oe o ASSE ad he saey proesso hrogh regular publications, speal pblaos

ad researh, vral eves ad oeree sessos. PPS s ope o all ASSE members.

to jo hs poplar prae spealy, vs www.asse.org/JoinGroups . coe wh PPS a www.asse.org/

ps/fre ad o LinkedIn.

Fire Protection Practice Specialty

tainability. We want those standards to be recognized fotheir contributions to sustainability and to be included in

the database.”The standards work and rating programs will continu

to evolve as they have in the past. “The measure, or themeans, by which we would assess what is green were

based on emotion and not science. It is getting more andmore scientic, using lifecycle analysis to analyze the

environmental impacts of a decision of a building mate-

rial,” says Stone. “It started with a limited number of veenergetic people to do something, and I think as we hav

gone on, it has become more mainstream and more peoare involved. It has broadened the scope from where it

was initially. That is good because our decisions are bason knowledge that was not available years ago.” •

Cicely Enright is the associate editor at ASTM International. Scan be contacted at cenright@astm.org.

Reprinted with permission rom ASTM Standardization NewsSeptember/October 2008, © ASTM International.

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Welcome New Members

Ibikunle AbimolaAdnan Al ShammariRichard Andrews, Zurich Services Corp.Juan Araya, Chiquita Brands

InternationalBlake Arseneaux

Kris AshraTerrell Austin, Black Hawk VenturesJoe Barajas, Orange Co.Tracy Barth, MFA Oil Co.Tiffany Beaudry, Sacramento CountyCurtis Blaik, Nexen Petroleum USAJohn Bowen, Timken Gears & ServicesMichelle Brady, ArcelorMittalHanumant Chavan, Navyug Special

Steel Co.Colby Child, R. Christopher

Goodwin & AssociatesN. Churchman, REPSS

Ujah Clettus, Shell Petroleum NigeriaCody Cole, ONEOK Field Services Co.Philip Cornejo, Bayer HealthcareBlake Dean, Gilead SciencesFrank Dowdle, Universal Florida

Palm Beach Co.William Downs, DuPont PioneerScott Edouard, Overland ContractingJerry Evans, J. Evans & AssociatesChester Guest, CHS Inc.Angela Guidry, SGS North AmericaGrace Haggard, Luxottica RetailC. Craig Hartmann, A. Duda & Sons Inc.

Steven Hemingway, SodexoHaider HussainDavid Hutcheson, 5H TechnologiesFestus JideGreg Johnson, U.S. Service GroupPeter Josendale, Exide Technologies

Konstantinos KakosimosJeffrey Kowalski, MARTAAbiola LaditanJames Lanier, Barron Collier Cos.James Laws, U.S. Risk ManagementLuqman LeskaDiogo Lopes, AutonomoYusuf Malgwi, Nigerian National

Petroleum Corp.Michelle McIntyre, AMRC

Environmental Consultants & Engineers

Charlotte Montgomery, ABBJerry Moore, Anderson Inc.

Chad Morin, Scientic GamesInternational

Scott Morrison, Univar USAEdward Namath, Advanced

Environmental Corp.Nkiruka NwanaJose OjedaGrant Oji, Undtelus Oil & Gas Co. Nigeria

David Oliver, Terracon Inc.David Osmun, Goodyear Tire & RubberYogeshkumar PandeAashishkumar PatelHardik Patel

Ashli Perdue, HeinzXuan Phuong, TrinhBrett Polito, University of 

Wisconsin-WhitewaterJaydeep PrajapatiRohit Prajapati

Benjamin Preston, MAHLE BehrIndustry AmericaLee Puah, Petronas LubricantsTatithuri Ramu, Akbar HSE

Training & ConsultancyG. Rudra Rao, Akbar HSE

Training & ConsultancyHirensinh RathodDennis Ray, Marsheld ClinicChristopher Reels, Biogen Idec Inc.Cameron Scarlett, Perdue FarmsJignesh Shah, Kuwait Oil Co.Eric Slater, Zen-Noh Grain Corp.

Darshankumas SukhadiyaDavie TaitanoPriyanka ThaddaeusEllie ViglienzoneKellie Wallace, Weatherford InternationYi Jun WangEdwin Ward, Thomas & Betts ABBKeith Wasley, AllOne Health ResourcRoger Weber, Airgas CarbonicNicala Wood, Brigham Young Univers

Reza YeganehshakibDeli Yu •

 17

EnviroMentor www.e.g 2013

Thanks to all current members of the Environmental Practice Specialty and welcome to those who have recently joined. We cur-rently have more than 1,700 members. If you have any colleagues who might be interested in joining EPS, please direct them twww.asse.org/JoinGroups for more information.

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H

ungary’s worst ecological disaster occurred onOctober 4, 2010 when a waste impoundmentreservoir at Magyar Aluminum (MAL) Zrt inAjka, Hungary, broke, sending a 6-ft-high wave

of red aluminum sludge through three towns in nearbyVeszprém County. The 261 million gallons of sludge,which contained heavy metals, such as arsenic, cad-mium, chromium and lead, covered 16 miles of land,injured 150 and left 10 people dead. Two years later, thelandscape is still stained red, leaving many to wonderwhat long-term effects the spill will have on Veszprém

County’s communities and environ-ment.

thE SPill

During the early stage of the alu-minum production process, bauxite is

mined from the ground and washedwith sodium hydroxide. This produces

alumina and waste. This waste byprod-uct contains solid impurities, heavy

metals and chemical processing agentsand is highly alkaline (Lang, 2010).

According to the AjkaiTimfoldgyar plant owner, MALHungarian Aluminum, the sludge con-tained 40% to 45% iron oxide, giving

the sludge its red color, 10% to 15%aluminum oxide, 10% to 15% silicon oxide and smallerpercentages of calcium oxide, titanium dioxide and sodi-um oxide (Lang, 2010).

The spill originated from cracks in the walls of a

10-hectare (convert) waste reservoir. Zoltan Bakonyi,

managing director of MAL Zrt, claimed that the company

had complied with all regulations and that the reservoir

walls met prescribed standards.

He also asserted that a recent examination of the res-

ervoir indicated no deciencies in its structure. However,

according to World Wildlife Fund (WWF)-Hungary, an

aerial photograph it took of the plant in June 2010 showed

a damaged and leaking waste reservoir wall (EnvironmentNews Service, 2010).

Gusztav Winkler, assistant professor at Budapest’sTechnical University, noted that one of the broken reser-voir’s dams had been built on two different types of soil.Winkler said the rupture “occurred exactly at the pointwhere the two soil types meet,” most likely as a result of sudden force (Environment News Service, 2010). Theday the reservoir ruptured, those who did not have timeor the means to ee the wave of sludge were engulfed;others suffered serious chemical burns.

hEalth EffEctS

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EnviroMentor www.e.g 2013

The sludge’s high alkalinity was compared to that ohousehold cleaning products—prolonged contact couldcause skin to dry or crack or could remove the top layeentirely. At the time of the spill, experts warned againsaccidental ingestion of the sludge, which could damagethe digestive tract or prove fatal. They also warned thacontact with the eyes could cause irreparable damage.

Many questioned the potential effects of indirectlyinhaling heavy metals present in the sludge, such as titnium and silicon dioxide dusts, which have been showto cause cancer in animals. Scientists and toxicologistswho monitored the spill advised that concentrations of such substances present in the sludge were small andshould not have any long-term negative health effects

as long as the cleanup process continued and the wastewas removed properly. Experts also noted that over thecourse of time, rain and natural weather patterns wouldhelp dilute and neutralize the alkaline substances thesludge left behind in soil.

However, as a precaution, once the spill initiallyoccurred, local residents were immediately warned notto eat any homegrown foods, drink well water or hunt sh until they were told it was safe to do so.

EnvironmEntal EffEctS

Not only did the sludge spill affect the many townsin Veszprém County, its runoff polluted the Danube

River via Sio, a river fed by Lake Balaton, which sitsnext to Veszprém. The Danube ows through Croatia,Serbia, Romania, Bulgaria, Austria, Ukraine andMoldova then empties into the Black Sea. Upon newsof the spill, countries along the Danube tightened watequality controls and monitored heavy metal concentra-tions. Although ofcials in Hungary tried to counteractthe sludge’s alkalinity by treating it with calcium andmagnesium nitrates and by pouring gypsum, plaster anacetic acid into the Marcal River and other rivers to hebind the sludge, the spill’s heavy metal residue killedthousands of sh and decimated plant life.

Gabor Figeczky, acting director of WWF-Hungary,

said “neglect and a failure of regulation” contributed tothe disaster (Environment News Service, 2010). WWFHungary also suggested an investigation and aerialmapping of other waste reservoirs in the area and alongHungary’s Danube banks.

accountability

Shortly after the sludge spill, Viktor Orban,Hungary’s prime minister, said MAL Zrt would be helaccountable. Bakonyi was arrested and held for 72 houwhile the Hungarian government seized his company,and he was ned $613,081,000. Bakonyi argued that arecent inspection of the reservoir showed no irregulari-

Hazmat By JolIndA CAppello

Hungary’s Toxic Sludge Spill

Two years later,the landscape is

 still stained red,leaving many to

wonder what long-term eects the

 spill will have onVeszprem County’s

communities and environment.

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EnviroMentor www.e.g 2013

ties and that according to European Union standards, thesludge was not considered hazardous.

Hungary’s disaster management agency disagreed, andpolice charged the company with criminal negligence.

Although Bakonyi was accused of not preparing emergen-cy warning and rescue plans should accidents, such as the

sludge spill, occur, any charges against him were quicklydropped, and he was released from custody. A Veszprémcity court said prosecutors were unable to support their

charges against him. The aluminum plant was cleared toresume production not even 2 weeks after the spill.

vESzPrém county today

Orban promised those affected by the sludge spill thatthey would receive new homes or monetary compensa-

tion, and so far he has followed through. Twenty-one newhomes have been built in the village of Kolontar, and 87

new homes now stand in Devecser. The land betweenKolontar and Devecser teems with corn, poplars and other

vegetation thanks in part to Csaba Szabo, the governmentcommissioner who helped restore agriculture in this area.

Plans to build a memorial park, playgrounds and asports eld are in the works, as is a new light industrialpark. Devecser Mayor Tamas Toldi hopes the industrialpark will create jobs and will develop renewable energy.“People have had enough environmental destruction,”says Toldi. “It is very important for them that any jobscreated here are not at the cost of more damage to theenvironment” (Thorpe, 2011).

The ongoing cleanup and rebuilding have cost morethan $150 million, but the Hungarian government plansto recover this money from MAL Zrt. Hungary’s disaster

management agency, which oversaw the aluminum plantbefore the state assumed control, instituted a safer dry-disposal method to handle wasteprocessed at the plant.

At the time of this writing,MAL Zrt continued to face crimi-nal and civil claims, as well as ane imposed by the Directorateof Environmental Protection andWater Management for CentralTransdanubia, and was workingwith the government to reach apotential settlement out of court.

concluSion

Although Orban received praise

for his swift response to the sludge

spill—from overseeing the evacua-

tion 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

why MAL Zrt did not use safer means of waste storage and

disposal in the rst place.

It is hoped the sludge spill has forced Hungary toreevaluate the safety of waste disposal methods at itsaluminum and other processing plants. Hungary’s peoplecan only hope that the worst ecological disaster in the

country’s history will be its last.•

rEfErEncES

BBC News Europe. (2010, Oct. 6). Criminal negli-gence inquiry into Hungary sludge spill. Retrieved Aug.16, 2012, from http://www.bbc.co.uk/news/world-europe-11488386

BBC News Europe. (2011, Oct. 5). Hungary’s toxicsludge disaster remembered. Retrieved Aug. 16, 2012,from http://www.bbc.co.uk/news/world-europe-15178307

BBC News Europe. (2011, Sept. 14). Hungarian toxicchemical sludge spill rm ned. Retrieved Aug. 16,

2012, from http://www.bbc.co.uk/news/world-europe-14922301CBC News. (2010, Oct. 13). Hungarian sludge spill

charges dropped. Retrieved Aug. 16, 2012, from http://www.cbc.ca/news/world/story/2010/10/13/sludge-wall-stable-103.html

Dunai, M. (2010, Oct. 7). Toxic Hungarian sludgespill reaches River Danube. Reuters.com. Retrieved Aug.16, 2012, from http://www.reuters.com/article/2010/10/07/us-hungary-spill-idUSTRE69415O20101007

Environment News Service. (2010, Oct. 11). Eightdead in Hungarian sludge spill, company boss arrested.

Retrieved Aug. 16, 2012, from http://www.ens-newswire.com/ens/oct2010/2010-10-11-01.html

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Freeman, A. (2012, Jul. 11). Toxic spill leaves mind-bendingly 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 Hungary’s 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 Hungary’s 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 redsludge tragedy has received a record penalty. RetrievedOct. 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  Jolinda Cappello is a communications specialist at ASSE.

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The prae speales sposor aProessoal Developme coeree

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EPA Issues Direct FinalRule on SNURs for 20Chemical Substances

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Environmental Meeting & Networking EventLas Vegas Convention Center (Room N101/ 102)

Tuesday, June 25th at 6pm

EPS Sponsored Sessions

҉ Brave the Storm: Managing Storm Water Pollution & Reducing Environment

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 th

 Value? (Session 646)

҉ Demystif ying 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

Drucker (Session 750)

www.safety2013.org 

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 A

rgentina is comprised of 23 provinces plus theautonomous Federal District (Capital Federal),the City of Buenos Aires. The provinces aregrouped into 5 major regions.

govErnmEnt

In the Argentinian Senate, theCommittee on Environment and

Sustainable Development addressesenvironmental issues. In the Chamber

of Deputies, the Committee onNatural Resources and Preservation

of the Human Environment workson similar matters. These committees

are permanently convened to assistthe National Congress in researchingenvironmental matters and drafting

new environmental laws, regulationsand policies.

EnvironmEntal clauSES in thE national conStitution

In 1994, Section 41 was added tothe national constitution. It establish-es the right of all inhabitants to enjoya healthy, balanced and suitableenvironment for human development

and also includes a provision on theduty to preserve the environment.Industrial activities must satisfy anycurrent needs without compromisingthe needs of future generations.

The constitution also provides thatthe provinces have principal and absolute domain overtheir environment and natural resources. In this regard,provinces are authorized to regulate the principal aspectsof the environment. The provinces have exercised suchauthority and have developed regulations on water, air,waste, polychlorinated biphenyls (PCBs), pesticides andother agrochemical products.

Section 41 of the national constitution grants thefederal government the power to enact regulations toestablish nationally applicable minimum protection stan-dards. This power has been exercised since 2002 withthe enactment of several statutes establishing minimumstandards to protect the environment. Under Section41, it is the duty of the provinces to enact regulations toimplement and enforce these national standards.

The constitution, as amended, also establishes thatparties that cause environmental harm have the duty toimmediately remedy it. This process for compliance withthis duty is statutorily regulated by Law No. 25,675.

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Under Section 43 of the national constitution, anyperson may request injunctive relief against any act oromission by the state or individuals, which may arbi-trarily and unlawfully damage, restrict, alter or threatenthe rights and guaranties granted by the constitution,an international treaty or a law. Section 30 of Law No.25,675 governs the process for exercising the rights enmerated in this constitutional provision.

EnvironmEntal authoritiES

The federal and all provincial governments have jurisdiction on environmental legislation, and all havetheir own environmental authorities. The Secretariat ofthe Environment and Sustainable Development (SESDunder the control of the Chief of Cabinet Ofce, is thekey national authority responsible for environmentalprotection in Argentina. Other federal government agecies also have jurisdiction on environmental matters. Fexample, the Secretariat of Energy supervises pollutioncaused by underground fuel storage tanks throughout tcountry, the upstream oil industry and the environmentimpact assessment of electric power utilities.

The provinces are responsible for establishing andenforcing their own set of environmental laws. Forexample, in 1995, the Province of Buenos Aires cre-ated the Secretariat of Environmental Policy—nowthe Provincial Ministry of Sustainable Development—

charged with the responsibility of developing an envi-ronmental policy for the province, as well as enforcingenvironmental regulations. The former Secretariat of Environmental Policy has enacted various environmental regulations in the past 14 years and has contributedsignicantly to the development, improvement andenforcement of the environmental legal framework in tProvince of Buenos Aires.

Municipalities control the location and operation of facilities within their jurisdiction. In general, all indus-trial facilities must obtain a municipal permit authorizitheir operation, and sometimes companies must provethat they have implemented environmental measures to

control any damage to the environment.Also, most of the largest municipalities in the count

have an environmental department that addresses localurban planning and zoning, vehicular air pollution, noihousehold waste, etc. The City of Buenos Aires, as anautonomous municipality, has its own set of environ-mental regulations.

Sh&E lEgiSlation EnforcEmEnt

Most environmental statutes include a provision foradministrative sanctions or penalties (such as warningsnes or closure of facilities) for violations of environ-mental regulations. Environmental oversight agencies

rEGulations

Argentina Environmental Safety

In 1994, Section41 was added 

to the national constitution.It establishes

the right o all inhabitants to enjoy a healthy, balanced 

and suitableenvironment 

or humandevelopment and 

also includes a

 provision on theduty to preserve

the environment.

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entrusted with the enforcement of environmental statutesand regulations. Such agencies may issue sanctions orlevy nes in accordance with the applicable statute, andwhen necessary, initiate court proceedings for judicialenforcement of administrative decisions.

In general, permit-granting authorities are also

responsible for enforcing conditions on which permitswere issued and ensuring compliance with applicableregulations. Such authorities may issue orders demand-ing the cessation of an unlawful activity or the closureof facilities deemed to pose a serious risk to the environ-ment or public health.

Currently, enforcement of federal environmental lawsmay be performed by the Secretariat of Environment andSustainable Development, although some federal envi-ronmental statutes (i.e., Law No. 25,612 and Law No.25,675) aim to transfer enforcement functions (whichinclude issuing warnings, assessing nes and shuttingdown facilities) to provincial and local authorities.

The Provincial Ministry of Sustainable Developmentis the main enforcement authority within the Provinceof Buenos Aires. The Water Authority of the Provinceof Buenos Aires, responsible for the water protection, isalso an enforcement authority. Provincial authorities maydelegate the judgment of violations to municipal authori-ties.

civil & Strict liability

Liability provisions cover events thatimpact the environment. These include:

thE civil codE

Although the Civil Code does not deneenvironmental liability, Sections 1,113 and2,618 make reference to it as follows:

•Section 1,113 establishes strict liability(no fault is required) in case of risk of ordefect of goods and applies to any indus-trial activity giving rise to environmentalharm. Environmental harm encompassesany damage to the natural environment andto people and assets resulting from con-tamination. To be relieved from liability,the defendant (i.e., the owner or custodianof the property) must prove that the dam-

age was caused by the victim or by a thirdparty. Thus, the plaintiff must establishthe relationship between the object orelements causing contamination and thealleged damage so that the liability may beenforceable.

•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 similardamages from any business activity in

neighboring buildings. If such a nuisance

exceeds normal tolerance levels, taking into account theconditions of the place, and even if there is administra-

tive authorization for the activity, the courts may orderthe cessation of the activity and/or the compensation for

damages, depending on the circumstances. In addition tothe cessation of the contaminating activity, sanctions may

also include the obligation to improve the productionprocess or to adopt new technical means to prevent futuredamaging events.

fEdEral hazardouS WaStE StatutES

These laws set forth a legal presumption that hazard-ous waste constitutes a risk under Section 1,113 of theCivil Code and create a system of liability more stringentthan the one provided by the code. The hazardous wastegenerator, as its owner, is liable for damages even if ithas transported the waste to an offsite treatment or dis-posal plant, unless it can prove that the damage resultedfrom a defective treatment performed at this treatment or

nal disposal plant.Section 43 of Law No. 25,612 provides that a genera-tor may also be exempted from civil liability for dam-ages caused by wastes, if such damages resulted fromthe approved use of the wastes as consumables in asubsequent process. In earlier legislation, the generator’sliability terminated with the lawful transfer of ownership

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of the wastes to athird party.

In June 1994,the National CivilCourt for theFederal District

held that a defen-dant could be heldstrictly liable forenvironmentalharm if it is shownthat a hazard-ous product or

dangerous corporate activity causedthe harm ( D.D. et al v. Fábrica de

Opalinas Hurlingham S.A., NationalCivil Court for the Federal District,June 1994).

criminal SanctionSAlthough offenses against the

environment have not yet been spe-cically included in the criminalcode (there is currently a proposalto add environmental offenses to thecode), the chapter covering offensesagainst public health is closely relat-ed to the environment.

Section 200 provides for a penaltyof imprisonment ranging from 3 to10 years for poisoning or adulterat-ing drinking water, food or medical

substances intended for public use orconsumption in a way which may bedangerous to human health. In addi-

tion, the death of a person is consid-ered an aggravating circumstance.

Law No. 24,051 provides forcriminal rules to apply throughout theterritory of Argentina. Under Section

55, an offending party is considered

to be anyone who poisons, adulter-ates or contaminates the soil, water,atmosphere or the environment in

general in such a way that generatesa risk to human health. Penalties

consist of imprisonment. When thesecrimes are committed with negli-gence or without observing the rules

or ordinances, imprisonment rang-ing from 1 month to 2 years can be

imposed. In cases involving illness ordeath, the penalty can range from 6

months to 3 years.

Managers, members of the super-visory committee and board of direc-tors, administrators or representatives,who have participated in a punishable

event, may be held liable under thislaw’s provisions. However, accord-

ing to case law, the imputed liabilityof managers cannot be based only on

the executive’s or manager’s elevatedposition in the company. The execu-

tive must have had direct responsi-bility in overseeing the activity thatgave rise to the illegal act (Costantini,

Rodolfo, et al., Federal Court in SanMartin, Province of Buenos Aires,

August 1992).

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No criminal liability exists forenvironmental crimes of the share-holders for acts conducted by a joinstock company.

EnforcEmEnt PracticES

As courts interpret environmen-tal laws and regulations and applythem to real-life situations, theycontinually interpret the intent of the law. Since 1989, court activitieinvolving environmental mattershave increased remarkably. Due tothe 1994 amendment to the nationaconstitution, nongovernmental organizations and individuals now havestanding to launch protection suitsfor any damage to the environmentwhile in the past, courts dismissed

such suits on the grounds that theplaintiff lacked procedural standingArgentinian courts have decided

cases in which individuals have masuccessful claims for the prevention

or recovery of environmental dam-ages. Moreover, through case law,various items, such as statutes of 

limitation or presumption of liabil-ity in environmental matters, have

been developed. Further, in 1998,the Supreme Court of the Province

of Buenos Aires recognized environ

mental damage as an independent cegory of damages and emphasized timportance of the prevention of sucdamage ( Almada Hugo N. C. Cope

S.A., Supreme Court of the Provincof Buenos Aires, May 1998).

Since the enactment of Law No25,675 in 2002, courts have invokethe precautionary principle and havenforced the law’s provisions requiing environmental impact assess-ments. In Burges v. Municipalidad

de Salto, the Supreme Court of the

Province of Buenos Aires enjoinedthe installation of a service sta-tion compressed natural gas pumpbecause an environmental impactassessment had not been conductedin accordance with Sections 11 and12 of Law No. 25,675 prior to theproject’s authorization by provinciauthorities ( Burges, Teresita Susan

 y Otros v. Municipalidad de Salto,Supreme Court of the Province of Buenos Aires, April 2003).

No criminal liability exists or 

environmental crimes o the

 shareholders or acts conducted by a joint stock 

company.

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In Asociación 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 rulingand to enjoin the installation of elec-

tric 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 scientic certainty,

the precautionary principle enumer-

ated in Law No. 25,675 required a rul-

ing on the side of caution ( Asociación

Coordinadora de Usuarios,Consumidores y Contribuyentes

v. Enre-Edesur, Federal Court of 

Appeals in La Plata, July 2003).

In Asociación para la Protección

del Medio Ambiente v. Aguas

 Argentinas y Otros, the FederalCourt of Appeals in La Plata invokedthe joint and several liability provi-sion of Law No. 25,675 and orderedthe defendants to take remedialmeasures to stop ooding allegedlycaused by the diversion of the Rio

de la Plata by Aguas Argentinas.The court invoked the precautionaryprinciple in arriving at its conclusionthat in the absence of an environ-mental impact assessment, there wassufcient certainty to impose jointliability upon all of the defendants( Asociación para la Protección

del Medio Ambiente y Educación

 Ecológica 18 de Octubre v. Aguas

 Argentinas SA y Otros, Federal Courtof Appeals in La Plata, July 2003).

In Asociación Civil Nuevo Am.

Cen. Vec. P. Lara v. CEAMSE S.A.,the Federal Court of Appeals in LaPlata invoked the precautionaryprinciple and the congruence prin-ciple of Law No. 25,675 to conrma lower court ruling and orderedthe closure of one of the areas of the Coordinación Ecológica AreaMetropolitana Sociedad del Estado(CEAMSE) disposal plant. The courtreasoned that although the environ-mental damage could not be proved

through scientic evidence, it wasnecessary to take preventive mea-sures to protect the environment, inaccordance with the so-called “pre-cautionary principle.” The court alsoconsidered that the plaintiff had legal

standing to sue for environmentaldamages ( Asociación Civil Nuevo

 Am. Cen. Vec. P. Lara c/ CEAMSE 

S.A. s/ Amparo, Federal Court of Appeals in La Plata, June 2006).

In Mendoza, Silvia Beatriz et 

al v. Estado Nacional et al., agroup of plaintiffs led a lawsuitagainst 44 companies that allegedlydischarged wastewaters into theMatanza-Riachuelo Basin. During2007, the Supreme Court declaredit had no jurisdiction to decide on

toxic tort actions, referring thoseto local courts, but it accepted itsoriginal jurisdiction over the claimfor collective environmental dam-ages, since water resources involvedifferent jurisdictions and that thenational, provincial and city govern-ments were parties. The court of lastresort even createdspecial proceduralrules for this case,such as publichearings. In 2008,

the court ruled onthe remediationand preventionof environmentaldamages. In thisregard, the courtrequired a programthrough whichthe national, pro-vincial and citygovernments, inequal parts, neededto: i) release envi-ronmental publicinformation; ii)clean up the rivercourse; iii) extendthe water network;and iv) establishan emergencymedical care plan.In addition, allfacilities involvedin the litigationmust be inspected

by the River Basin Authority todetermine their polluting levels( Mendoza, Silvia Beatriz et al v.

 Estado Nacional et al., NationalSupreme Court, August 2008).

In Sagarduy, Alberto v. Copetro

S.A., the Supreme Court of theProvince of Buenos Aires identied

individual environmental damages as

an independent category of damages.This court ruled that the statute of 

limitations, in order to claim for envi-ronmental damages, would start from

the moment that the injured personhad sufcient knowledge of the cause

of the damages s/he suffered. Thiskind of knowledge only exists when-ever a reasonable possibility of infor-

mation exists about the cause of the

damage, such as the technical infor-mation that would allow the plaintiff to properly le a law suit. The fact

that the plaintiff was aware of dam-ages to his health or his property wasnot sufcient on its own to trigger

the period of the statute of limita-tion. Finally, the Supreme Court of 

Regulatory Information

Argea has several sores o reglaory ormao.Some govermeal agees pblsh reglaos ha

are ssed her ow blles. However, hese pbla-os are o ssed reglarly ad are somemes dso-ed. ederal reglaos are pblshed he OfalBlle o he Argee Repbl. the Prove o BeosAres has s ow ofal blle ha oas provalreglaos. Exlsve spealzed perodals (weekly admohly) oa dere ypes o reglaory ormao.Albremaa S.A. pblshes aoal ad proval regla-os o cD-ROM.

Reglaory ormao a be od he ollowg

pblaos:Editorial Albrematica (ElDial)

La Ley S.A.E.eI.

Lexis Nexis

Ofcial Bulletin o the Argentine Republic(Boleí Ofal de la Repúbla Argea)

Ofcial Bulletin o the Province o Buenos Aires(Boleí Ofal de la Prova de Beos Ares)

Sistema Argentino de Inormática Jurídica

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the Province of Buenos Aires also established that issuesrelated to determining the certainty of damages belongentirely to the courts of rst 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 Asociación para la protección medioambiental v.Fisco de la Provincia de Buenos Aires, the Administrative

Court of First Instance of the City of La Plata ruled thatwhenever there is a relevant environmental public inter-est that is worth protecting, it is necessary to declare

its importance within the procedure of precautionarymeasures. In this case, the court required ve munici-

palities being sued and the Province of Buenos Airesto take the necessary actions to standardize the garbage

recollection service in the area of the Las Piedras-SanFrancisco Basin, to clean up the garbage dumps identied

and to organize a social education program that would

increase the public awareness about solid urban wastes.

Additionally, the court required 24 local companies toobtain the mandatory environmental insurance createdby Section 22 of Law No. 25,675. In both instances, thelower court established a daily ne that would apply to

the defendants in case they failed to comply with the obli-

gations set forth in the ruling ( Asociación para la protec-

ción medioambiental v. Fisco de la Provincia de Buenos

 Aires, Administrative Court of First Instance of the City

of La Plata, November 2008).

audit PrivilEgE

No specic provisions in Argentinian law affordprotection against an enforcement action as a result of 

adverse ndings uncovered during a self-initiated SH&Ecompliance audit. Violations of SH&E statutes and regu-lations identied during the course of an audit may needto be reported depending on the circumstances involved.

Although not specic to SH&E statutes and regula-tions, Argentina honors a general attorney-client privilege.

Therefore, if an enforcement authority attempts toobtain information based on a self-initiated audit, it

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

information accESS

Section 41 of the national constitution species thatthe authorities shall provide information and educationon environmental matters. Section 16 of Law No. 25,6provides that citizens are entitled to receive unclassi-ed information about environmental matters from theoverseeing government agencies. Section 18 of the samlaw provides that authorities are responsible for providing public information about the state of environmentaaffairs 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 administra-tive proceedings related to environmental matters.Additionally, some provinces (e.g., Mendoza in Sectio33 of Law No. 5,961) have implemented free access

to information in the public participation process toapprove environmental impact assessments.In 2004, Law No. 25,831 on Free Access to Public

Environmental Information was enacted. It mandates thall relevant data be made fully available to the public oall projects likely to have an environmental impact.

Section 8 establishes that all public agencies and copanies, as well as private utilities, must respond within30 business days to any request on the actual or potentenvironmental impact of any activity or plan.

Government agencies have access to environmentalinformation on facilities during inspections conducted b

public entities with jurisdiction on environmental matte

In this respect, the agencies are allowed to review recorreports, analysis and any other documentation not proteced by any commercial or industrial condentiality right

contaminatEd land

 Applicable RegulationsPursuant to Section 41 of the national Constitution,

Law No. 25,675 established regulations relating to therepair and remediation of environmental damage, incluing contaminated land. Section 28 of that law requiresentities that cause environmental harm to restore theconditions that existed prior to the environmental injur

Section 31 of Law No. 25,675 establishes joint andseveral liability for all parties, which contribute to anenvironmental harm. Additionally, Section 22 of this laestablishes the obligation to have environmental insur-ance. Through Resolution No. 177/07 and its amend-ments, Resolutions No. 303/07 and Resolutions No.1639/07, SESD established rules pursuant to this obligtion. Among them are regulations for insurance poli-cies and listed activities included in the regulation andthe categorization of activities in accordance with theirenvironmental complexity level. Resolution No. 177/07requires that environmental insurance coverage is limitto the collective environmental damages.

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National Electricity Regulatory Agency(Ee naoal Reglador de la Elerdad)

National Gas Regulatory Agency(Ee naoal Reglador del Gas)

National Nuclear Regulatory Agency(Aordad Reglaora nlear)

Secretariat of Environment & Sustainable Development(Sereara de Ambee y Desarrollo Sseable)

Water Regulatory Agency(Ee Reglador de Aga y Saeameo)

Key Agencies

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An Evaluation of Environmental Risk (UERA) cre-ated by this resolution within the SESD area determinesthe minimum amount of coverage, updates the list of activities included in this regulation and decides theapproval 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 thatapproved the Basic Guidelines of Contractual Conditionsfor Insurance Policies on collective environmental dam-ages. This resolution establishes the different typesof insurance allowed (liability insurance and bondinginsurance), the scope of coverage (sudden or gradualcollective environmental damage) and the extent of remediation activities, etc. The possibility of perform-ing an Initial Assessment of Environmental Situation(SAI) to exclude preexisting damages from the coverageis also regulated by this joint resolution. Finally, SESDhas approved minimum mandatory amounts of coveragethrough Resolution No. 1398/08.

Although it has not yet been implemented, Section34 of Law No. 25,675 contemplates an environmentalcompensation fund to be administered by competent pro-vincial authorities and used to remediate environmentalinjuries.

The environmental provisions of the national consti-tution have also directly served as a basis for assessingliability for the remediation of contaminated land in thepast. For example, in Subterráneos de Buenos Aires v.

Shell Capsa, the Federal Court of Appeals for the Cityof Buenos Aires held the defendant liable for the cleanupof contaminated soil on the aforementioned property(Subterráneos de Buenos Aires S.E. v. Shell Capsa, 

Federal Court of Appeals for the City of Buenos Aires,October 1999).

Moreover, specic regulations pertaining to hazard-ous waste and underground storage tanks establishcertain corrective measures and requirements to restorecontaminated land in case of leakage or spillage.

Liability or Preexisting ContaminationLaw No. 25,675 establishes requirements for the

repair and remediation of environmental damage. Theserequirements may be interpreted as imposing liability forpreexisting contamination. Therefore, a comprehensiveinspection for contamination should be conducted prior

to the transfer of any land to prevent the possibility of unexpected liability for preexisting contamination.

Cleanup StandardsCurrently, no general legislation exists in Argentina

regarding cleanup standards. However, since theArgentinian legislation does not provide general manda-tory environmental standards, public agencies and courtshave used international standards to determine to whatextent a cleanup activity must be performed. Withinthe applicable international standards, the Dutch SoilRemediation Intervention Values, rst issued in 1994 bythe Dutch Ministry of Housing, Physical Planning and

Environment, have been the standards most often appliedby public agencies and courts in Argentina.

Property Transer LegislationNo specic legislation exists with respect to environ-

mental matters in property transfer. However, generalprinciples of civil law are applicable to these matters.

rEPorting obligationS

Accidental Spills & ReleasesSeveral different regulations in Argentina govern the

reporting of accidental spills or releases. Under Section14 of Decree No. 831/93, hazardous materials, which areaccidentally spilled or released become wastes subject tothe requirements of Law No. 24,051, and spills or releas-es of such materials must be reported to governmentalauthorities within 30 days.

Spills and releases from underground storage systemsof combustible fuels, such as gasoline and petroleum, aregoverned by Resolution No. 404/94. Pursuant to Section

5 of Annex II of this resolution, a plan for correctiveaction must be submitted to appropriate oversight author-ities within 5 days after a spill or loss, and a facility mustpropose to take one of the corrective measures enumer-ated in the resolution. Results of the corrective actionmust be reported to governmental authorities within 30days of taking such action.

Regarding storage tanks of combustible fuels,Resolution No. 785/05 creates a national program for thecontrol of leaks. It also establishes inspection and operat-ing requirements.

In the Province of Buenos Aires, Resolution No.1,200/00 establishes requirements for industries to reportincidents that threaten the environment within 12 hoursof their occurrence.

Contamination Identifed During SamplingCurrently, no regulation exists in Argentina that

requires the reporting of contamination identied duringsampling.•

Argentine-American Chamber o Commerce

Argentine Consulate Ofce, Edifcio Sarmiento

Embassy o the Argentine Republic Provided courtesy o AECOM. Direct requests or additional country inormation to Halley Moriyama at hmoriyama@ensr.aecom.com ; (978)589-3233; or Jack Fearing, CPEA, at  jack.earing@dyn-intl.com ; (703) 462-7294.

Contacts

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SAFETY

I Do you the profession?

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