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.

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.

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.