Higher Hazardous Substances Important Update Reply

Until 2011, all chromium compounds, both hexavalent and non-hexavalent, were reported under the same category under the Toxics Use Reduction Act (TURA). However, because hexavalent chromium compounds pose much greater health risks to humans and are both chronically and acutely toxic, the Massachusetts Department of Environmental Protection (MassDEP) designated them as Higher Hazardous Substances (HHS) and their threshold was decreased to 1,000 pounds per year for otherwise used, processed, or manufactured as a by-product. Non-hexavalent compounds continue to be counted towards the 10,000 pounds otherwise used, and 25,000 pounds processed or manufactured thresholds.

Companies that exceeded the 1,000-pound threshold for hexavalent chromium compounds for reporting year 2012 were required to file a Form S to the MassDEP for the first time by July 1, 2013. If they also exceed the 1,000-pound threshold in reporting year 2013, they are required to file a Form S and develop a TUR plan for hexavalent chromium compounds by July 1, 2014.

The Toxics Use Reduction Institute (TURI) developed a fact sheet that explains the differences between hexavalent and non-hexavalent chromium compounds, hazards associated with hexavalent chromium compounds, examples of compounds that contain hexavalent chromium, uses of hexavalent chromium compounds, and alternatives that should be considered. Hexavalent chromium is often listed as “CrVI” on safety data sheets (SDS). Non-hexavalent chromium used in industry is predominantly, although not exclusively, trivalent chromium, which is often listed on an SDS as “CrIII.”

You can find the fact sheet on the TURI’s web-site. http://www.turi.org/TURI_Publications/TURI_Chemical_Fact_Sheets/Hexavalent_Chromium_Fact_Sheet

Click here for further explanation regarding higher and lower hazard substances. http://www.turi.org/Our_Work/Chemicals_Policy/Chemical_Lists/Higher_and_Lower_Hazard_Substances

The MassDEP developed a fact sheet that provided guidance on how to calculate threshold determinations for various uses of hexavalent chromium compounds. You can find the fact sheet on the Executive Office of Energy and Environmental Affairs’ website. http://www.mass.gov/eea/docs/dep/toxics/laws/crviguid.pdf

Formaldehyde

The MassDEP also designated formaldehyde as a HHS in 2012 because of its links to cancer and potential adverse reproductive outcomes. Companies that exceeded the 1,000-pound threshold for formaldehyde for reporting year 2012 were required to file a Form S to the MassDEP for the first time by July 1, 2013. If they also exceed the 1,000-pound threshold in reporting year 2013, they are required to file a Form S and develop a TUR plan for formaldehyde by July 1, 2014.

The Toxics Use Reduction Institute (TURI) developed a fact sheet that includes hazards associated with formaldehyde, common uses of formaldehyde, and alternatives that should be considered. http://www.turi.org/TURI_Publications/TURI_Chemical_Fact_Sheets/Formaldehyde_Fact_Sheet/Formaldehyde_Fact_Sheet

The MassDEP developed a fact sheet that provided guidance on how to calculate threshold determinations for various uses of formaldehyde. You can find the fact sheet on the Executive Office of Energy and Environmental Affairs’ website. http://www.mass.gov/eea/docs/dep/toxics/laws/frmlguid.pdf

Methylene Chloride

The MassDEP designated methylene chloride as a HHS in 2013. This means that companies need to start tracking usage, processing and manufacturing of methylene chloride in 2014. If the 1,000-pound threshold is exceeded in 2014, companies will have to file a Form S to the MassDEP by July 1, 2015.

The Toxics Use Reduction Institute (TURI) developed a fact sheet that includes, hazards associated with formaldehyde, common uses of formaldehyde, and alternatives that should be considered. http://www.turi.org/TURI_Publications/TURI_Chemical_Fact_Sheets/Methylene_Chloride_Fact_Sheet

If you have any questions regarding the above noted Higher Hazardous Substances designations and the required reporting and planning, please contact Travis Wheeler at 508.970.0033 ext. 115 or twheeler@capaccio.com.

Commercial Food Waste Disposal Ban Finalized Reply

On January 31, 2014, the Patrick Administration announced the final statewide commercial food waste disposal ban regulations. The ban will divert food waste away from solid waste disposal streams and into waste to energy-generating and composting facilities, as of October 1, 2014.

The press release announcing the regulations is available here: http://www.mass.gov/eea/pr-2014/food-waste-disposal.html

Any organization that generates more than one ton of organic material per week will be banned from disposing, transferring for disposal, or contracting for disposal any commercial organic waste (i.e., food or vegetative waste) by the Massachusetts Department of Environmental Protection. Options for organizations affected by this ban include donating or re-purposing the useable food. Any remaining food waste will be shipped to an anaerobic digestion (AD) facility for energy recovery, composting, or animal-feed operations.

This additional ban under the solid waste regulations will primarily affect: hospitals, colleges, universities, large corporations, hotels, supermarkets, convention centers, nursing homes, restaurants, and food service and processing companies.

Additional resources and information can be found on the RecyclingWorks website: http://www.recyclingworksma.com

If you have questions about applicability or compliance, contact Julie Muszalski, Sustainability Professional, at jmuszalski@capaccio.com or 508-970-0033 x124.

Boiler Compliance Notification Deadlines Extended to Jan. 20 Reply

Boiler Compliance at Area Sources Initial Notification Date
Extended to January 20, 2014

On December 20, 2012 (published in 1 February 2013 Federal Register), the EPA finalized the changes to the Clean Air Act for area source boilers (40 CFR 63 subpart JJJJJJ).   On the same date (published in 31 January 2013 Federal Register), the EPA finalized the changes for major source boilers (40 CFR 63 subpart DDDDD). 

Area sources are commercial (hotels, restaurants, laundries), institutional (schools, churches, medical centers, municipal buildings) or industrial (manufacturing, refining, processing, mining) facilities that emit or have the potential to emit less than 10 tons per year of a single hazardous air pollutant, or less than 25 tons per year of combined hazardous air pollutants.  Affected boilers at these sites are as follows:

  • Boilers used to provide electricity, steam, and/or hot water
  • An existing boiler that commenced construction or reconstruction on or before June 4, 2010
  • A new boiler that commenced construction or reconstruction after  June 4, 2010 and met the applicability criteria at the start of construction
  • Boilers that fire coal, biomass, or oil
  • Dual fuel-fired boilers
  • Boilers that are seasonal, limited use, use an oxygen trim system to maintain an optimal air/fuel ratio, or oil-fired boilers with a heat input capacity equal to or less that 5 mmBtu per hour

It should be noted that the regulatory requirements vary based on the type of boiler listed above, but initial notification is required of all types covered under this regulation.  Under the rule, nearly all boilers will be required to follow work practice standards, such as annual tune-ups.  Only a very few will be required to have emission limits.

Changes to the standard included an extension for certain deadlines.  The new deadlines are listed below:

  • January 20, 2014 – Initial notification (requires a form to be completed) for existing sources
  • March 21, 2014 – Initial tune-ups required;  a recent tune-up meets the requirement
  • July 19, 2014 – Completion of notification of compliance status (NOCS); use the Compliance and Emissions Data Reporting Interface (CEDRI)

Note that for boilers, considered major sources, compliance begins in 2016, planning should, however, begin now.

For further information on this rule, or assistance with notifications and compliance, please contact Robert Tekach at 508-970-0033 ext. 133 or rtekach@capaccio.com.

Deadline nearing for Hazardous Material Process or Processing (527 CMR 33) permit applications Reply

The new year is fast approaching, and so is the deadline to submit permit applications for 527 CMR 33 – Hazardous Material Process or Processing. On or before January 1, 2014, companies that fall under Categories 2 and 3 are required to submit their permit applications.

As a refresher, Category 2 companies have a process which involves or produces a hazardous material which occurs in a vessel that is greater than 2.5 gallons but less than or equal to 60 gallons. Companies that fall under this category must have the following in place in addition to submitting the permit application by the deadline:

• Hazard Communication Program
• Chemical Hygiene Program
• Flammable Storage Permit/License
• Emergency Response Planning

Category 3 companies have a process which involves or produces a hazardous material which occurs in a vessel greater than 60 gallons but less than or equal to 300 gallons, or a process that is conducted in an area that is classified as an H-occupancy per the Massachusetts Building Code. Companies that fall under this category must fulfill all the same requirements as Category 2, but must also have in place a:

• Process Hazard Evaluation for each Category 3 process
• Procedure for Post Incident Analysis

CAPACCIO has successfully helped companies come into compliance with this regulation and has worked with local fire departments to obtain the necessary permits. It is important that you are prepared to educate the fire department about your processes and that you involve them early in the process. If your permit is denied, the fire department may require an evaluation by a third party.

With the deadline drawing near, CAPACCIO can ensure that all the necessary leg work is done and the last minute details are taken care of before submitting your permit application to the fire department. We can help with determining your applicability and process category, updating your plans and policies, implementing applicable program requirements, compiling and preparing specific documentation to demonstrate compliance to the regulation, preparing your permit, and working with your local fire department to submit your permit.

Please contact Christopher Walton, PE, BCEE, Senior Associate, at 508.970.0033 ext. 139 or cwalton@capaccio.com if you require assistance on some or all of these tasks to ensure you meet the January 1 deadline.