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

Are you ready to comply with the new MSGP? Reply

The US Environmental Protection Agency’s (EPA) new 2015 Stormwater Multi-Sector General Permit (MSGP) has a September 2, 2015 deadline. Are you ready? Perhaps you attended our webinar and have started your groundwork, or maybe you are just beginning to explore the permit and your eligibility; either way the deadline will be coming up quickly and if you have endangered species or historic properties to contend with, there are items you will need to complete at least 30 days prior to filing your NOI, moving the deadline up even sooner.

Whether you have all the resources you need and simply would like a peer review, or require more in-depth help like filing your Notice of Intent (NOI) or creating a Stormwater Pollution Prevention Plan (SWPPP), CAPACCIO can help companies that:

-Never had coverage under MSGP and have not determined eligibility

CAPACCIO can evaluate whether your facility will meet the requirements of a No Exposure Certification; if not, we can help file the Notice of Intent (NOI) and create a Stormwater Pollution Prevention Plan (SWPPP).

-Are covered under the MSGP and have filed a No Exposure Certification in the past

CAPACCIO can conduct a No Exposure evaluation to determine whether the No Exposure Certification remains valid.

-Are covered under the MSGP, have filed a NOI in the past, and have an existing SWPPP

CAPACCIO can conduct a MSGP Gap Analysis to determine which elements of your existing programs meet the compliance requirements under the updated MSGP and which elements may need to be improved prior to the September 2, 2015 deadline.

-Are covered under the MSGP, and have the resources to update the SWPPP and submit the NOI

CAPACCIO can conduct a peer review of your SWPPP along with your NOI application and supporting documentation to determine if you have meet the MSGP requirements prior to submittal.

During our recent webinar with David Gray, PE, Environmental Engineer U.S. Environmental Protection Agency, Region 1 , we compiled an extensive list of questions and answers from more than 100 companies that are trying to determine their eligibility and best course of action. CAPACCIO can be your trusted advisor on these matters, large or small, and has the experience to provide these services quickly and cost-effectively.

To receive guidance, please contact one of our technical experts today.

Lucy Servidio, CHMM, TURP
508-970-0033 ext. 114
lservidio@capaccio.com

or

Wayne Bates, PhD, PE, ENV SP
508-970-0033 ext. 121
wbates@capaccio.com

EPA Seeks Small Business Input on Modifications to RMP Rule Reply

On June 19, 2015, the Environmental Protection Agency (EPA) issued a formal request for input on modernizing the Risk Management Plan (RMP) Rule.  The EPA is seeking input from small business, governments, and not-for-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel. This panel will focus on the Agency’s development of a rule that proposes to modify the current RMP regulation to reduce the likelihood of accidental releases of toxic and flammable substances at chemical facilities, and improve emergency response when those releases occur. This aligns with Executive Order 13650 entitled Improving Chemical Facility Safety and Security (EO 13650) that President Obama signed on August 1, 2013. EO 13650 directs the federal government to carry out a number of tasks whose overall aim is to prevent chemical accidents. These tasks include: improving operational coordination with state and local partners; enhancing Federal agency coordination and information sharing; modernizing policies, regulations and standards; and working with stakeholders to identify best practices.

The panel will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA. The panel members ask a selected group of SERs to provide advice and recommendations on behalf of their company, community, or organization to inform the panel members about the potential impacts of the proposed rule on small entities.

EPA seeks self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.

Self-nominations may be submitted through the link below and must be received by July 3, 2015. Nominate yourself as a SER: http://www.epa.gov/rfa/risk-management-plan.html

For more information on the RMP Rule, please contact Chris Walton, PE, BCEE, at 508-970-0033 ext. 139 or cwalton@capaccio.com.

Executive Order (EO) 13650 “Improving Chemical Facility Safety and Security” New Fact Sheet Issued Reply

A new fact sheet has been issued in June 2015 by the Executive Order (EO) Working Group for EO 13650 “Improving Chemical Facility Safety and Security.” A copy of the new Fact Sheet can be found at: https://www.osha.gov/chemicalexecutiveorder/EO13650FS-ImprovingChemicalFacilitySafety.pdf .

The June 2015 Fact Sheet provides updates on actions taken since EO 13650 was issued on August 1, 2013, as a response to catastrophic chemical facility incidents in the United States. The focus of the EO is to improve chemical facility safety in coordination with owners and operators. The Chemical Facility Safety and Security Working Group (Working Group) – co-chaired by the Department of Homeland Security (DHS), Environmental Protection Agency (EPA), and Department of Labor (DOL) – leads the effort to implement the Executive Order and improve coordination and regulation of chemical facilities across the various agencies and Federal, state, local, and first responder communities.

Through the analysis of the current operating environment, existing regulatory programs and stakeholder feedback, a consolidated Federal Action Plan was created to address five elements:

  • Strengthening community planning and preparedness 
    Update: Continue enhancing programs and assistance to State Emergency Response Commissions (SERCs) and Local Emergency Planning Committees (LEPCs), including development of on-line training modules and new EPA fact sheet How to Better Prepare Your Community for a Chemical Emergency: A Guide for State, Tribal, and Local Agencies 
  • Enhancing Federal operational coordination 
    Update: Established regional working groups (RWGs) in all 10 federal regions to improve coordination among DHS, EPA, and the Occupational Safety and Health Administration (OSHA) 
  • Improving data management 
    Update: The Facility Registry Service (FRS) integrates facility data from across nearly 90 different Federal and State systems, and has been updated to include DHS Top-Screen submission for Chemical Facility Anti-Terrorism Standards (CFATS), as well as OSHA data (e.g. Process Safety Management (PSM)) 
  • Modernizing policies and regulations 
    Update: EPA issued a request for information (RFI) seeking public comment on updates to the Risk Management Plan (RMP) regulation 
    Update: OSHA issued an RFI seeking public input on possible improvements to the PSM standard 
    Update: The CFATS Program has been re-authorized for four more years 
  • Incorporating stakeholder feedback and developing best practices 
    Update: Launched an online best practices repository to collect industry best practices as they are identified A webinar is available, which provides an introduction to the EO 13650, highlights federal agencies involved in the EO and the primary regulations pertaining to the EO, and discusses local government involvement, and community involvement.

    Comments from the community participants are also included. You can access the webinar through the EPA’s website: http://www2.epa.gov/rmp/executive-order-improving-chemical-facility-safety-and-security#Webinars

    What does this mean for you?
    – Make sure that the chemical data you submit under different regulatory programs is consistent, because EPA, OSHA, and DHS are improving their coordination and review of submitted data
    – Get involved with your LEPC if you store extremely hazardous substances (EHS) onsite, and ensure that your emergency action plans and contingency plans are up to date
    – If your facility is subject to EPA’s RMP program, review the requirements and check regularly for program updates: http://www2.epa.gov/rmp
    – If your facility is subject to OSHA’s PSM program, review the requirements and check regularly for updates: https://www.osha.gov/Publications/osha3132.html

    For questions about the Executive Order, please email the Executive Order Working Group (Eo.chemical@hq.dhs.gov).

    To answer any questions or for more information, please contact Chris Walton, PE, BCEE, at CAPACCIO ay 508-970-0033 ext. 139 or cwalton@capaccio.com.

    Sources:
    EPA: http://www2.epa.gov/rmp/executive-order-improving-chemical-facility-safety-and-security#eopu
    DHS: http://www.dhs.gov/topic/chemical-security
    Department of Labor/OSHA: https://www.osha.gov/chemicalexecutiveorder/index.html