Tier II Manager System Not Ready for RY 2013 Reply

Due to minor system issues, MEMA announced it will not be using the web-based Tier II Manager System for RY 2013. MEMA apologizes for any inconvenience this may cause.

Filers should use the EPA’s Tier II Submit software to submit RY 2013 Tier II reports to the SERC.

This software may be downloaded from the EPAs website here: http://www2.epa.gov/epcra-tier-i-and-tier-ii-reporting/tier2-submit-software

If you have any questions, 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.

Massachusetts Hoisting Machinery Regulation Revision Becomes Final Reply

On November 8, 2013, the Massachusetts Department of Public Safety (DPS) published the hoisting machinery regulation, 520 CMR 6.00. The changes to the regulation reflect 2010 changes to the hoisting law, Massachusetts General Laws (MGL) Chapter 146, Section 53, and comment from the July 8, 2013 public hearing.

520 CMR 6.00 requires that all operators of hoisting machinery complete an application and pass a test to obtain a license from the DPS. 520 CMR 6.00 is applicable to all hoisting machinery, including forklifts used on private or public property where the height of the lift exceeds 10 feet or the weight of the load exceeds 500 pounds.

The regulation includes an exemption of the Massachusetts hoisting license requirement for all operators if the company has a training program approved by the DPS and complies with the following requirements:

• A supervisory employee(s) who holds a hoisting license for the equipment being used must be on-site at all times during operation

• The company training program must be approved by the DPS biennially

• Authorized operators must be issued a company license that includes a picture of the employee, a list of hoisting machinery the employee is qualified to operate, and the name and signature of the supervisor who holds a license to operate that equipment. Employees can only be trained and certified to operate the specific equipment for which the supervisory employee holds a license issued by the DPS.

The application form for approval of an in-service training program can be found here:


The regulation incorporates two new license classifications; Class 1D – general industrial warehouse forklift equipment and Class 2D – Compact Hoisting Machinery. Any hoisting machinery licensee who holds a license with a Class 1 grade greater than 1D may also operate general industrial warehouse forklift equipment.

A link to the final regulation can be found here:


For more information on how we can help with your hoisting program, please contact Colleen Walsh at 508.970.0033 ext. 129 or cwalsh@capaccio.com.

For a complete listing of CAPACCIO’s environmental, health and safety services, please visit: http://www.capaccio.com/Handouts/ServiceInfo/Capaccio_Services_Health_Safety_IH.pdf.