Federal NPDES Stormwater Annual Site Inspections Due by September 29 Reply

Have you conducted your Stormwater Annual Site Inspection? Companies with coverage under the National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges associated with industrial activity must conduct an Annual Comprehensive Site Inspection by September 29, 2014. The period for the inspection is September 29, 2013 – September 29, 2014. The annual comprehensive site inspection includes an inspection of the areas where industrial activity may be exposed to stormwater, and a review of corrective actions taken during the reporting period. The Annual Reporting Form (Appendix I of the MSGP) must be mailed to the EPA within 45 days after completion of the inspection.

The 2008 MSGP expired at midnight on September 29, 2013. Facilities that obtained coverage under the 2008 MSGP prior to its expiration are automatically granted an administrative continuance of permit coverage. The administrative continuance will remain in effect until a new permit is issued. Those facilities already covered under the 2008 MSGP must continue to comply with all of the requirements in the 2008 permit, including requirements for monitoring and reporting.

EPA expects to reissue the MSGP in September 2014. A draft MSGP was published in the federal register on September 27, 2013. All facilities that want coverage under the MSGP, including those with administrative continuance under the 2008 MSGP, will then need to submit NOIs for permit coverage. Please visit EPA’s website to download the proposed permit and fact sheets. http://cfpub.epa.gov/npdes/stormwater/msgp.cfm

If you have any questions or need assistance please contact Colleen Walsh at 508.970.0033 ext. 129 or cwalsh@capaccio.com or Travis Wheeler at 508.970.0033 ext. 115 or twheeler@capaccio.com.

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.