Addition of Nonylphenol Category; Community Right-To-Know Toxic Chemical Release Reporting: Final Rule Reply

Following is an update from the EPA Superfund, TRI, EPCRA, RMP & Oil Information Center:

On September 30, 2014, the Environmental Protection Agency (EPA) published a rule to finalize the addition of a nonylphenol category to the list of toxic chemicals subject to TRI reporting under EPCRA Section 313 (79 FR 58686). EPA has determined that this category meets the EPCRA Section 313(d)(2)(C) toxicity criterion based on available ecological toxicity data. EPA listed the nonylphenol category as a delimited category defined by a list of chemical names and Chemical Abstract Service Registry Numbers (CASRNs) rather than by a chemical structure. This final rule is effective on September 30, 2014, and shall apply for the reporting year beginning January 1, 2015 (reports due July 1, 2016).

Additional information, including the final rule, is available at the following URL:

http://www2.epa.gov/toxics-release-inventory-tri-program/addition-nonylphenol-category-final-rule

For questions about this final rule or the TRI regulations in general, please contact EPA’s Superfund, TRI, EPCRA, RMP & Oil Information Center at:

(800) 424-9346 — Toll Free
(703) 412-9810 — Metropolitan DC area and international calls

To speak with an Information Specialist, please call between 10:00 AM and 5:00 PM, Monday through Friday, eastern time.

To speak with a specialist at CAPACCIO, please call Travis Wheeler at 508.970.0033 ext. 115 or twheeler@capaccio.com or Jill Vernes at 608,970.0033 ext. 136 or jvernes@capaccio.com.

Draft Storm Sewer General Permit for 200+ Small Massachusetts Municipalities Reply

News Release
U.S. Environmental Protection Agency
New England Regional Office
September 30, 2014

Contact: David Deegan, (617) 918-1017
Re: Draft Storm Sewer General Permit for 200+ Small Massachusetts Municipalities Will Help Clean Water Protection

BOSTON – EPA is releasing for public comment draft general permit for small “Municipal Separate Storm Sewer Systems” (MS4) located in Mass. The new permits, when finalized, will update efforts in up to 260 municipalities, better protecting rivers, streams, ponds, lakes and wetlands across Massachusetts.

EPA previously released draft general permits for small MS4s in North Coastal Watersheds in 2010 and in the Interstate, Merrimack and South Coastal Watersheds in 2011. In response to many of the public comments submitted previously, and the availability of new technical and census information, EPA has revised the two general permits into one document and is now releasing the revised draft general permits for public input. EPA has also made changes to the newly proposed draft permit in response to public comments seeking more clarity, guidance and flexibility in meeting permit requirements.

The draft general permit, a detailed fact sheet, and information on public meetings and public hearing can be found at: http://www.epa.gov/region1/npdes/stormwater/MS4_MA.html

To read EPA’s full press release, please visit: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/e34e1b71021cf54885257d63005ba5b4!opendocument

IMPORTANT: Source Registration e-mail from MassDEP Reply

You may have recently received an e-mail from the MassDEP with the subject line: IMPORTANT-Notice of EPA’s retirement of air pollution control devices effective for the 2013 submission. This does NOT mean that your control device needs to be replaced. The EPA recently changed their naming system which does not match all the options that are available on the MassDEP’s Source Registration forms. Therefore, the MassDEP is being forced to change the naming system in the Source Registration program. If your facility’s air pollution control device is not on the revised EPA list, the MassDEP will be sending you an e-mail listing your current control device and a list of similar names on the revised EPA list. The MassDEP is asking that you respond to their e-mail stating which revised name matches your air pollution control device. The MassDEP will then update your 2013 Source Registration to the revised name.

If you have any question or concerns, please contact Lynn Sheridan at 508.970.0033 ext. 122 or lsheridan@capaccio.com.

The EPA Considers Potential Revisions to its Risk Management Program Reply

On July 24th, 2014,the Environmental Protection Agency (EPA) published a Request for Information (RFI), soliciting public input on potential revisions to its Risk Management Program (RMP) with the goal of modernizing its regulations as mandated by the federal government under Executive Order 13650: Improving Chemical Facility Safety and Security. The ultimate purpose of the proposed rules is to prevent major chemical accidents such as the West, Texas explosion that occurred at the West Fertilizer facility on April 17, 2013. OSHA already issued a similar RFI on December 9, 2013 for its Process Safety Management (PSM) standard and while the EPA was not explicitly required to publish an RFI, its RMP regulation is so closely tied to PSM that the agency decided to act in parallel with OSHA.

Both the RMP and PSM regulations affect facilities with processes that utilize chemicals in quantities above established thresholds (both the EPA and OSHA developed threshold quantity lists). Facilities that fall under PSM or RMP must put in place a series of management systems and maintain certain required documentation, which are intended to improve chemical process safety and prevent catastrophes.

The EPA’s RFI requests much of the same information as OSHA’s, such as data on the economic impacts and safety benefits of amending the regulation. Both agencies are also considering adding new substances to their lists of regulated substances and adopting additional management system requirements. Proposed rules that may be of particular interest include:

•Requiring third party auditors for Compliance Audits
Like OSHA, the EPA is also considering requiring third-party auditors to conduct compliance audits, which are required at least every three years.The current requirement is only that at least one person “knowledgeable in the process” be part of the compliance audit team.

•Revising the scope of Mechanical Integrity to include safety-critical equipment
Mechanical integrity requires inspections and maintenance procedures of piping systems, valves, storage tanks, pressure vessels, relief and vent systems and devices, emergency shutdown systems controls (including monitoring devices, sensors, alarms, and interlocks) and pumps, but the EPA believes including safety-critical equipment will help improve chemical processing safety.

•Add stationary source location requirements to Process Hazard Analysis (PHA)
While facility siting must be addressed in a PHA, the EPA is considering expanding the specific requirements. For example, they are considering adding the establishment of buffer or setback zones to RMP requirements—these zones would be distances from the potential danger where it would be safe to house certain occupancies, such as control rooms, cafeterias, or contractor trailers. The idea behind this is to separate the public and other facilities from consequences of process incidents.

•Changing the criteria for Worst Case Release Scenarios to include quantities of aggregate vessels stored in close proximity
The RMP regulation currently requires facilities to determine the maximum quantity of a regulated substance release from a vessel, but does not require sites to take into account numerous small vessels of hazardous substances.

For a complete list of proposed RMP rules see the EPA’s RFI:

https://www.federalregister.gov/articles/2014/07/31/2014-18037/accidental-release-prevention-requirements-risk-management-programs-under-the-clean-air-act-section

The public will have until October 29th, 2014 to submit written comments online, http://www.regulations.gov (the portal for federal rulemaking), or by mail.
To view information on Executive Order 13650:

http://www.epa.gov/emergencies/eo_improving_chem_fac.htm

OSHA’s RFI for the PSM regulations can be found here:

https://www.federalregister.gov/articles/2013/12/09/2013-29197/process-safety-management-and-prevention-of-major-chemical-accidents

For more information, please contact Alex Wong Berman at 508.970.0033 ext. 126 or aberman@capaccio.com.