CAPACCIO’s EH&S Regulatory and Industrial News Blog

In an effort to “help industry and the environment prosper,” CAPACCIO has developed this blog to provide the latest news on environmental, health and safety related regulatory updates, management systems and sustainability topics.

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For further information on our blog posts or if you need more information about our services, please contact Lucy Servidio  at 508.970.0033 extension 114 or lservidio@capaccio.com.

REMINDER–Deadline for EPCRA 312 Tier II Report is March 1 Reply

Facilities that store chemicals above the threshold planning quantities are required by the Emergency Planning and Community Right-To-Know Act (EPCRA) to report those chemicals on a Tier II report to the State Emergency Response Commission (SERC). The report is due annually on March 1 and the deadline is fast approaching. CAPACCIO can assist your company in completing the entire report or we can simply conduct a peer review of work completed by your staff.

Guidance regarding the data required by the Commonwealth of Massachusetts for Tier II reporting is located at this link:

http://www.mass.gov/eopss/agencies/mema/emergency-info/haz-mat/serc/

The EPA software is available at this link:

http://www2.epa.gov/epcra/tier2-submit-software

Visit http://www.capaccio.com and see our blog posted on December 21 for more
in-depth information on Tier II reporting.

For assistance or peer review of your Tier II report, please contact Bill Potochniak, PE, Practice Area Leader for Healthcare and Education, at 508-970-0033 ext. 134 or wpotochniak@capaccio.com.

Paris climate agreement – Historic COP21 Reply

On Saturday night, December 12, 2015, an air of optimism surrounded the topic of climate change after 190 countries unanimously agreed on a unified effort to strategically address this challenge, forming the Paris climate agreement. This United Nations event, COP21, was attended by over 40,000 participants at the host location in Paris. Over 3,000 journalists reporting on the event ensured that the content and messages from COP21 were heard around the globe.

Receiving a unanimous agreement of a global warming temperature limit was the broader, long-term goal. Remarkably, what began as a 2 degree Celsius consensus global warming temperature limit, progressed to a 1.5 degree Celsius consensus limit. This ambitious goal is attainable, but emphasizes the need to implement significant efforts immediately.

The Paris climate agreement is just that, an agreement, and not a legally binding treaty. While this limits enforcement of the content, it allowed the process to be expedited, and not held up in legislation, as it would have been in the United States if presented as a treaty. An accountability system to review country progress every five years will be the alternative form of enforcement.

This agreement is unique in that it encompasses both developing and developed countries, holding them all to emissions reductions targets. Angst did surround the potential roadblocks that the role of developing countries could have posed at the event. One such concern being the cooperation of China and India, as both countries have significant development goals and outlooks. It was noted that the Obama administration played an important role in reaching out to these countries to shift their outlooks. An extra incentive for China was its realization of the opportunity that lies in the manufacture and production of renewables and energy efficient goods.

To support success of the event, despite the challenges mentioned, four pillars were established to guide the negotiations, including,

  1. Climate action plans or Intended Nationally Determined Contributions (INDC’s) were required from each country prior to COP21,
  2. A strategy for financing the transition to disrupting the global carbon addiction would be developed,
  3. Engagement of civil society including cities, regions, farmers, energy providers, and energy users must be considered as vital to implementation; and
  4. Outreach to engage the creative community to deliver the positive message that this change is possible must be encouraged.

The agreement is not perfect, and certain timelines and specifics have yet to be sorted. Viewpoints from the scientific community span from full support to harsh critique, some calling the effort ‘too little too late’. However, with creative solutions and innovation as drivers of the movement, as opposed to pessimistic outlooks, the Paris climate agreement has succeeded in establishing worldwide awareness and action on the issue.

Greenhouse gas accountability is the focus in all participating countries, the U.S. being one of those key participants. As a result, tracking and reporting on this topic is very likely to increase in both the private and public sectors. Whether you are required to comply with annual greenhouse gas reporting, attempting to complete a Carbon Disclosure Project (CDP) questionnaire, or would like to be proactive and take steps to evaluate and enhance your company’s sustainability program, we are here to help you on this journey by offering all of these services, and more. For more information, please contact Cristina Mendoza at 508-970-0033 ext.128 or cmendoza@capaccio.com.

2016 Hazardous Waste and Hazardous Materials Reporting Deadlines Announced Reply

2016 will be here before we know it. With the New Year comes a series of compliance reporting deadlines, especially for companies that generate hazardous waste and store and use hazardous materials.

 Toxics Use Reduction Plan Employee Notification – due January 1

Massachusetts companies subject to Toxics Use Reduction (TUR) planning must post a TUR Plan Employee Notification requesting ideas on how to reduce toxic chemical use and waste generation by January 1, 2016.  Please note: The Employee Notification is also required for Resource Conservation (RC) Plans; however for RC Plans, the focus is on the asset chosen for the plan.  There is no Employee Notification requirement for companies that decide to incorporate TUR planning in its Environmental Management System (EMS). 

EPCRA 312 Tier II Reports – due March 1

Federal Emergency Planning and Community Right-To-Know Act (EPCRA) requires that facilities which store chemicals above the threshold planning quantities report those chemicals on a Tier II report annually to the State Emergency Response Commission (SERC) which in Massachusetts is the Massachusetts Emergency Management Agency (MEMA), the Local Emergency Planning Committee (LEPC), and the local fire department. Reports are due March 1, 2016.

Companies having to submit Tier II reports must include, among other information, the exact quantity of each reportable chemical stored at its facility and transportation information for EHSs. In order to provide this data, companies must keep accurate chemical storage inventories to quantify maximum and average amounts of chemicals stored at any one time for the previous calendar year.

The link to guidance regarding the data required by the Commonwealth of Massachusetts for Tier II reporting is http://www.mass.gov/eopss/agencies/mema/emergency-info/haz-mat/serc/

The state contact for information regarding the MEMA requirements for Tier II reporting is

Jeff Timperi at Jeff.Timperi@state.ma.us or (508) 820-2019.

MEMA is requiring Massachusetts facilities to use the online Tier2Manager reporting system for RY 2015.  Information on setting up an account and accessing facility data can be found on the MEMA website at:  http://www.mass.gov/eopss/agencies/mema/emergency-info/haz-mat/serc/

MEMA strongly recommends that companies include a site plan with Tier II reports.  Some LEPCs require site plans, so it’s good to check with them before you submit the Tier II.

Be sure to contact your LEPC and local fire department as well to inquire about any special requirements they may have regarding Tier II Reporting.

The EPA software is available at this link:

http://www2.epa.gov/epcra/tier2-submit-software

Massachusetts Recycling Permit Annual Reports – due March 1

Massachusetts Department of Environmental Protection (MassDEP) requires generators who recycle hazardous wastes under one of MassDEP’s Recycling Permits to report recycling activities for the previous calendar year on a MassDEP form by March 1, 2016. The MassDEP website for hazardous waste reporting and the annual reporting form for hazardous waste recyclers can be found here: http://www.mass.gov/eea/agencies/massdep/recycle/hazardous/periodic-hazardous-waste-reporting.html.

Federal Hazardous Waste Biennial Reports – due March 1

Large Quantity Generators of hazardous waste must file reports by March 1, 2016 which will include a summary of hazardous wastes generated in CY 2015.

The Hazardous Waste (HW) Biennial Report software and forms are now available for 2015 and can be downloaded from http://www.capaccio.com/Resources/Links_Regulatory.html.

The 2015 version of the software must be used to complete and submit the forms. The following must be mailed to the MassDEP:

  • A signed copy of the Federal 8700/12 Site Identification form, and,
  • The report’s SI, GM, and WR files either as exported from the software or in the EPA Biennial Report Flat File format copied to a CD

Massachusetts TURA Form S Reports – due July 1

MassDEP requires filing of Form S reports for companies otherwise using, processing or manufacturing listed toxic chemicals in excess of certain thresholds within the calendar year in addition to the federally required EPCRA 313 Form R reports by July 1, 2016 for toxic chemicals used during CY 2015.

For access to Form S go to: http://www.capaccio.com/Resources/Links_Regulatory.html. Please note, the forms will not be available for download until April, 2016.

  • MassDEP currently lists the following high hazard substances (HHS) with a lower reporting threshold of 1,000 pounds: trichloroethylene (TCE), cadmium and cadmium compounds, perchloroethylene (PCE, perc), hexavalent chromium compounds, formaldehyde, and methylene chloride.
  • MassDEP has added the following HHS for 2016: 1-boromopropane (n-propyl bromide, nPB), hydrogen fluoride, cyanide compounds, and dimethylformamide (DMF).  The reporting threshold will be 1,000 pounds for these chemicals.  Facilities should begin keeping usage records for these chemicals during 2016.  These chemicals will be reporting on the TURA Form S in 2017.

Massachusetts TUR Plans Recertification/Alternative Plan and EMS Options – due July 1

  • Massachusetts facilities that are subject to Toxics Use Reduction Act (TURA) Form S reporting must prepare/update its TUR Plans and submit plan summaries by July 1, 2016 with its Form S reports for calendar year 2015.
  • If a facility has a TUR Plan that has been through two recertification cycles, it has other options in addition to the traditional TUR planning process. For guidance see http://www.capaccio.com/Resources/Links_Regulatory.html.
    • A company can incorporate the TUR planning process into an already established EMS that has been through one full audited cycle. There are some very specific requirements that require the TUR chemicals to be listed as significant impacts in the EMS.  If this option is chosen, then the company does not have to maintain a traditional TUR Plan anymore.  However, it must submit a progress report by July 1, 2016, signed by either a TUR planner with EMS training or an EMS professional with TUR training.
    • Resource Conservation (RC) Plans allow companies to “take a break” from traditional TUR planning for a two year cycle, and then return to TUR planning every other planning cycle. Instead of focusing on the planning of the reportable TUR chemicals, the company can choose one of five assets.  The five assets include energy, water, solid waste, TUR chemicals that are under the reporting threshold, and chemicals that are exempt under TURA that are in articles or are of significant concern to the company.  The planning process for RC Plans is very similar to traditional plans.  Companies who developed an RC Plan in 2014 will have to submit an RC Plan progress report by July 1, 2016.  The plan must be certified by a TUR planner with additional training in RC planning. 

Federal EPCRA 313 Form R Report – due July 1

EPA requires annual filing of Toxic Release Inventory (TRI) Form R reports by facilities that manufacture, process, or otherwise use listed chemicals above certain thresholds.

Form R reports are due July 1, 2016 for chemical releases during CY 2015.  For access to Form R go to:  http://www.capaccio.com/Resources/Links_Regulatory.html.

The method for reporting TRI forms is to use the TRI-Made Easy Web (TRI-ME web) application via the Central Data Exchange (CDX) and the internet located at https://cdx.epa.gov/CDX/Login.

TURA Reporting Fee and Worksheet – due September 1

Toxics Use Reduction Act Fee – Facilities that are subject to Toxics Use Reporting (Form S Reporting) must submit a copy of the Toxics Use Fee Worksheet and fee by September 1, 2016.

CAPACCIO can assist with any or all of your reporting needs. Contact Lucy Servidio at 508-970-0033 ext. 114 or lservidio@capaccio.com or Colleen Walsh at 508-970-0033 ext. 129 or cwalsh@capaccio.com for more information. We’re here to help!

 

Do I Still Need to Conduct A Stormwater Annual Comprehensive Inspection? Reply

CAPACCIO recently received questions related to the Stormwater Annual Comprehensive Inspection (ACI) which is a requirement under the 2008 Multi-Sector General Permit (MSGP). Specifically permitees wanted to know if they had to conduct the ACI on or before September 29 and also submit the report this year.

We developed this flow diagram to help companies determine if they have to conduct and submit a Stormwater ACI report.

http://www.capaccio.com/handouts/Inspection_requirements.pdf

Please contact Chris Walton at cwalton@capaccio.com or at 508.970.0033 ext. 139 if you need further clarification.