Filing An NOE? EPA now requires electronic submission Reply

Did you know? The EPA issued a new No Exposure Certification (NOE) form under the 2015 Multi-Sector General Permit on June 4, 2015. You now must submit your No Exposure Certification electronically using the NPDES eReporting Tool on the EPA Central Data Exchange CDX website, https://cdx.epa.gov/ unless you have a waiver from the EPA Regional office to use the paper form.

Please refer to the following guidance on using the NeT:

http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-eNOI-System-for-EPAs-MultiSector-General-Permit.cfm

If you are given a waiver from your local EPA office corresponding to your facility location to use a paper NOE form, you may complete and submit the paper form available at:

http://water.epa.gov/polwaste/npdes/stormwater/uploadmsgp2015_appendixk.pdf

For assistance or further information, please contact msgp@capaccio.com.

Have you missed the August 3 deadline for Endangered Species? Reply

For existing permit holders

If you missed the August 3 deadline and realize you have endangered species on your property,  the EPA may be able to provide an expedited ESA review or provide an extension to the September 2, 2015 deadline on a case-by-case basis. Please call or email Lucy Servidio at CAPACCIO at 508-970-0033 ext. 114 or lservidio@capaccio.com for additional information. Visit our stormwater portal for valuable information and tools to assist you with your MSGP submittal on our home page at http://www.capaccio.com.

How could this cute little creature impact your stormwater NOI? Reply

LONG EARED BATAccording to the Natural Heritage & Endangered Species Program, the Northern Long-eared Bat is listed as Endangered and protected under the Massachusetts Endangered Species Act. This population of bat has been devastated by the spread of White-nose Syndrome, a type of fungus found in caves that grows over the bat during hibernation, causing them to periodically wake from hibernation, lose valuable stored fat, and fail to survive the winter.

While the delineation of most endangered species’ habitats are limited to certain areas like low lands, marshes, fields, etc, the critical habitat for the Northern Long-eared Bat is the entire state. As a result, when using the US Fish and Wildlife Service’s (FWS) “Information, Planning, and Consultation” (IPaC) mapping system to delineate your stormwater action area, the Northern Long-eared Bat will show up.  According to the instructions in Appendix E of the Multi-Sector General Permit (MSGP), “if you have determined that there are, or may be listed, species and/or designated critical habitat in your action area, you are not eligible under Criterion A and must complete the Criterion C Eligibility Form 30 days prior to submitting your NOI for permit coverage.” Therefore, all Massachusetts Notice Of Intent (NOI) filers under the MSGP would need to submit the Criterion C Eligibility Form by August 3, 2015.

In conversations with the EPA, this is not what they had intended.  According to the EPA, they are working with FWS to develop additional guidance for filers to use when making a Criterion A or Criterion C determination. Stay tuned. As soon as CAPACCIO has more information on this guidance, we will be sure to share it.

For more information about the MSGP, check the home page of our website www.capaccio.com where we have a Stormwater Information page which includes numerous resources like recorded webinars, presentation slides, and frequently asked questions regarding the MSGP. Feel free to submit a question through our Ask The Experts button on the home page of our website if you have any further questions.

More information about the Northern Long-Eared Bat is available at this link; http://www.mass.gov/eea/docs/dfg/nhesp/species-and-conservation/nhfacts/myotis-septentrionalis.pdf

Starting August 1, 2015: MassDEP’s New Online UST Data Management System Goes Into Effect Reply

The Massachusetts Department of Environmental Protection (MassDEP) is rolling out a new on-line data management system for Underground Storage Tank (UST) Registrations and Third-Party Inspections. Beginning August 1, 2015, MassDEP will no longer accept paper UST forms. With the roll-out of this electronic system, MassDEP will also be initiating its Owner Compliance Certification program. In addition to ensuring that third-party inspections are completed, owners will be required to certify compliance through the online system. The letter from Tom DeNormandie, Branch Chief at MassDEP, is copied below, for your convenience.

If you require assistance with third-party inspections or compliance certifications, please contact Christopher Walton at 508.970.0033 ext. 139 or cwalton@capaccio.com.

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Dear Class A, A/B and B Operators and Third-Party Inspectors:

Beginning in July, MassDEP is transitioning from the current paper based Underground Storage Tank (UST) Program registration and reporting forms (FP-290, FP-290R and FP-289), to a new online data management system that provides UST system owners and operators a more convenient, electronic way to update facility registration information and submit applicable reporting documents.

The new data management system will be available for user registration by mid-July.  MassDEP will notify all Class A, A/B and B operators and third-party inspectors when the data management system is ready for use.

UST Program Reporting Transition Schedule

  1. Effective July 31, 2015, MassDEP will no longer accept FP-290, FP-290R and FP-289 documents for purposes of compliance with UST registration and third-party inspection reporting requirements under 310 CMR 80.00.
  2. Effective August 1, 2015:
    1. All new and updated UST registration submittals shall be made electronically through MassDEP’s new online UST data management system.  Registration information may be submitted as a paper document, if accompanied by a hardship request.
    2. All third-party inspection results shall be reported electronically by third-party inspectors using the new Third-Party Inspection (TPI) Report provided through the new online data management system.  The third-party inspector will then electronically forward the TPI Report to the UST system owner or operator for signature and submittal to MassDEP.

Compliance with Third-Party Inspection Reporting Requirements
To provide UST system owners, operators and third-party inspectors time to register as users in the data management system and become familiar with the system and new Program requirements, TPI Reports due between August 1, 2015 and October 31, 2015 will be allowed up to October 31, 2015 to submit their required TPI Report using the new online data management system.

All TPI Reports for this period received after October 31, 2015 may be subject to enforcement.

Compliance Certification Submittals
The Compliance Certification submittal requirement goes into effect November 1, 2015. MassDEP will issue 90-Day Reminder notifications in July to UST system owners and operators with  Compliance Certifications due in November 2015.

Data Management System Training for UST Owners, Operators, and Third-Party Inspectors

  1. Third-Party Inspector Online Webinar Training
    Data management system overview:
  • Registering as a user
  • Data management system navigation
  • Initiating a TPI and “sharing” a TPI Report with a UST system owner or operator.

Webinar Training Dates
No pre-registration is required to participate. Further information on webinar call-in number and conferencing service will be emailed to all TPIs prior to date of scheduled training and posted on MassDEP’s UST webpage.

  • July 15, 1 – 3pm
  • July 22, 1 – 3pm
  • July 30, 1 – 3pm
  • Aug 27, 1 – 3pm
  1. UST System Owners and Operators Training

This is “hands on” training for UST systems owners, operators and staff responsible for preparing and/or submitting UST registration documents, TPI Reports and Compliance Certifications.

Space is limited and available on a first come, first serve basis (system owners and operators with most imminent submittal due dates will receive priority). Additional sessions will be added as demand requires.

To reserve space, please submit your name, company, and preferred date and session to: dep.ust@state.ma.us.

Date July 17, 2015 July 21, 2015 July 27, 2015 July 28, 2015
Facility Bristol CC Holyoke CC Worcester State University North Shore CC
City/Town Fall River, MA Holyoke, MA Worcester, MA Danvers, MA
Room Capacity 28 23 25 18
Session #1 10am – Noon 10am – Noon 10am – Noon 10am – Noon
Session #2 1pm – 3pm 1pm – 3pm 1pm – 3pm 1pm – 3pm

Data Management System Training Materials on MassDEP’s Webpage
The following materials will be posted on MassDEP’s UST webpage (http://www.mass.gov/eea/agencies/massdep/toxics/ust/) at the time the UST Data Management System goes “live”.

  1. Data Management System User Guide
  2. “What Do You Want To Do” Guide
  3. Required Data Elements of Data Management System
  4. Audio Power Point Presentations
  5. DEP Hotline #

If you have any questions concerning the introduction of the new UST online Data Management System, please email the Program at: dep.ust@state.ma.us, or call the MassDEP UST Program Hotline at (617) 556-1035 Ext. 2.

Tom DeNormandie, Branch Chief
Massachusetts Department of Environmental Protection
Underground Storage Tank/Stage I & II Vapor Recovery Programs
One Winter Street – 7th floor
Boston, MA  02108
Phone: 617-292-5763
Fax: 617-556-1063