EPA Haz Waste Generator Rule Updates Reply

The Environmental Protection Agency’s (EPA) Resource Conservation and Recovery Act’s (RCRA) hazardous waste generator regulatory program was originally promulgated in 1980. Since that time, the EPA has become aware of the need for more clarity, consistency, and flexibility within the program. EPA’s final rule, which was promulgated on May 30, 2017, revises the hazardous waste generator regulations making them easier to understand, and providing greater flexibility in how hazardous waste is managed.

Some key provisions where EPA is finalizing flexibility are:

  1. Allowing a hazardous waste generator to avoid increased burden of a higher generator status when generating episodic waste provided the episodic waste is properly managed, and
  2. Allowing a very small quantity generator (VSQG) (previously called conditionally exempt small quantity generators) to send its hazardous waste to a large quantity generator under control of the same person.

This program update is also implementing some Improvements to environmental protection and, therefore, several of the revisions to the hazardous waste generator regulations are more stringent than those in the previous version. One such revision requires Small Quantity Generators (SQGs) to periodically re-notify the EPA regarding their generator status every four years (SQGs needed to only notify once under the previous system).

You may Click Here for additional information on the RCRA Program Updates.  Please note that though the Federal regulations are currently in effect, the Massachusetts Department of Environmental Protection (MassDEP) has indicated they will not be adopting these updates until 2018.

We can help! Capaccio has RCRA experts that can assist you with the reporting and planning challenges associated with Federal and state hazardous waste programs.  If you have any questions about these programs and updates, please contact Alexis Dallaportas at 508-970-0033 ext. 142 or adallaportas@capaccio.com.

 

 

Using Tier II Reporting to Minimize Risks of Off-Site Consequences Reply

Tier II reporting season is coming up. With the March 1 deadline comes the opportunity to not only take a fresh look at the chemicals stored at your facility, but to also see if any of these chemicals, despite being below the reportable thresholds, could trigger an offsite consequence, which has become one of EPA’s enforcement initiatives under the General Duty Clause of Risk Management Planning. Please read below for important updates to Tier II reporting as well as further information on Risk Management Programs and some ways CAPACCIO can assist by minimizing the risks associated with off-site chemical consequences.

Reporting Year 2016 Tier II Reports Due by March 1 & MEMA’s Online Reporting System Information 

Massachusetts facilities covered by the federal Emergency Planning and Community Right-to-Know Act (EPCRA) requirements must submit Tier II reports to their Emergency Planning Committee (EPC), Local Fire Department, and the State Emergency Response Commission (SERC) by March 1, 2017. The reference table below may assist you in determining your facility’s applicability to this reporting requirement:

Tier II reporting thresholds:

Extremely hazardous substances (EHS)* 500 pounds (227 kg) or threshold planning quantity, whichever is less.
All other hazardous substances: 10,000 pounds (4,540 kg) for any material that has an SDS
*You may obtain a list of EHS substances on the EPA website here.

MEMA, in coordination with the Massachusetts State Emergency Response Commission (SERC), intends to use the web-based Tier II Manager System for the 2016 Tier II reporting period. It is anticipated that the Tier II Manager System will be available for 2016 reporting by January 9, 2017. MEMA will provide notice to all Tier II Manager System users when the System is available. You may Click here for a link to the online filing system.

The Tier II Manager System is used for filing Tier II reports with the Massachusetts SERC only. Please note that facilities are required to submit separate reports to their respective EPC and Fire Departments.

All Tier II filers must register on the new system, with a limit of one user account per facility. Registration is a one-time process, so if you have already registered to use the Tier II Manager System you do not need to do so again. Previous Tier II data for your facility is preloaded into the system to allow for easier 2016 data reporting.

The SERC is requiring that all RY 2016 Tier II reporting entities submit electronic reports; hard copies will not be accepted.

General Duty Clause and Risk Management Program Clean Air Act EPA Enforcement Initiative

In order to prevent accidents that can cause off-site consequences, Section 112(r) of the Clean Air Act established the Risk Management Plan (RMP) program that requires facilities with certain chemicals above regulatory thresholds (see the list in 40 CFR 68) to develop and implement an RMP program that identifies and mitigates the hazards associated with chemical use.

Although the RMP program is only applicable when quantities exceed a certain threshold, the regulation also includes a GENERAL DUTY CLAUSE (GDC) that requires facilities which use ANY AMOUNT of the chemicals on the RMP list (or any amount of an extremely hazardous substance) to understand and mitigate any hazards that could result in off-site consequences.

Therefore, companies need to look at chemicals at their facilities that are on the list in 40 CFR 68 (or are extremely hazardous substances) EVEN IF THEY ARE STORED/USED BELOW REGULATORY THRESHOLDS, and make a determination if there could be a risk of off-site consequences in the event of an accident.

This regulation, and the GDC, are now an enforcement priority for EPA, in part because of a fatality that occurred last year involving a release of gaseous ammonia. The EPA will be using Tier II data as part of their initiative to target facilities that meet the conditions of the GDC.

CAPACCIO’s GDC experts go beyond the basic Tier II reporting, and help you to reduce the risks associated with chemicals stored at your facility that could travel off-site. Our dynamic approaches and levels of GDC support include:

Basic High Level Screening: CAPACCIO will review your company’s Tier II list and/or chemical inventory and select a few chemicals stored in large quantities or extremely hazardous substances to run through the ALOHA model, and determine if there are likely to be off-site consequences.

In-Depth Screening: CAPACCIO will review more chemicals, and will perform ALOHA modeling and subsequent analysis using site specific inputs. We will provide a list of chemicals for which GDC requirements are applicable, and a recommendation to determine what additional work may be required to comply with GDC requirements.

Gap Analysis: CAPACCIO will review your existing standard operating procedures, mechanical integrity programs, and management of change procedures to determine what steps need to be taken to conform to GDC requirements. You will receive a matrix with any gaps that are identified. CAPACCIO can then assist in closing out gaps identified, and assist with the development of an RMP “Lite” Program if desired (see below).

Development of an RMP “Lite” Program: CAPACCIO can help you implement the recommendations that result from the Gap Analysis that may include development of process flow diagrams, procedures and training (if needed), as well as engineering tasks such as preparation of process safety information and off-site consequences analysis.

We can help! Our Tier II and GDC experts can assist you with the reporting and planning challenges as noted above that are associated with these programs. If you have any questions about either the Tier II or GDC programs, please contact Christine Silverman at 508-970-0033 ext. 127 or csilverman@capaccio.com or Alexis Dallaportas at 608-970-0033 ext. 142 or adallasportas@capaccio.com.

General Duty Clause and Risk Management Program Clean Air Act EPA Enforcement Initiative – Are you in compliance? Reply

Section 112(r) of the Clean Air Act establishes the Risk Management Plan (RMP) program, which requires facilities with certain chemicals above regulatory thresholds (see list at 40 CFR 68) to develop and implement an RMP program. An RMP program is designed to identify and mitigate the hazards associated with chemical use in order to prevent accidents that can cause off-site consequences.

Although the RMP program is only applicable when quantities exceed a certain threshold, the regulation also includes a GENERAL DUTY CLAUSE, that requires facilities which use ANY AMOUNT of the chemicals on the RMP list (or any amount of an extremely hazardous substance) to understand and mitigate any hazards that could result in off-site consequences.

What this means is that companies should be looking at chemicals at their facilities that are on the list in 40 CFR 68 (or are extremely hazardous substances) EVEN IF THEY ARE STORED/USED BELOW REGULATORY THRESHOLDS and making a determination if there is a risk of off-site consequences in the event of an accident. This can be done fairly quickly using EPA’s ALOHA modeling software.

Although this regulation and the GENERAL DUTY CLAUSE have been on the books since 1990, it is now an enforcement priority for EPA, in part because of the fatality that occurred this spring involving a release of gaseous ammonia.

CAPACCIO can help in several ways and at varying levels with your GENERAL DUTY CLAUSE Requirements:

Basic High Level Screening: CAPACCIO will review your company’s Tier II list and/or chemical inventory and select a few chemicals stored in large quantities or extremely hazardous substances. We will run these chemicals through the ALOHA model and determine if there are likely to be off-site consequences. The client will receive a list of chemicals that may have off-site consequences and a recommendation for any additional work related to determining impacts and reviewing additional chemicals, if warranted.

In-Depth Screening: Similar to above, but CAPACCIO will review more chemicals. ALOHA modeling and subsequent analysis using site specific inputs will be conducted. Working with the company’s chemical inventory and site information, CAPACCIO will provide a list of chemicals for which GENERAL DUTY CLAUSE requirements are applicable and a recommendation such as a gap analysis to determine what additional work may be required to comply with GENERAL DUTY CLAUSE requirements.

Gap Analysis: CAPACCIO will review the company’s existing standard operating procedures, mechanical integrity programs, management of change procedures. to determine what steps need to be taken to conform to  GENERAL DUTY CLAUSE requirements. The client receives a matrix with any gaps which are identified. CAPACCIO can close out gaps identified and assist with the development of an RMP “Lite” Program if desired (see below).

Development of an RMP “Lite” Program: CAPACCIO can help a company implement the recommendations that result from the Gap Analysis. This would include development of process flow diagrams, procedures and training (if needed), as well as engineering tasks such as preparation of process safety information and off-site consequences analysis. The client receives a written plan of the program.

For more information, please contact Lucy Servidio, CHMM, TURP, at 508-970-0033 ext. 114 or lservidio@capaccio.com.

TRI and TURA—what’s new for RY 2015 Reply

There are several updates to US Environmental Protection Agency’s (US EPA) Toxic Release Inventory (TRI), also known as Emergency Planning and Community Right to Know Act (EPCRA) Section 313 and the Massachusetts Department of Environmental Protection’s (MassDEP) Toxics Use Reduction Act (TURA), both reports due July 1, 2016.

TRI updates:

New Reportable Chemicals – the Nonylphenol category has been added to the TRI list of reportable chemicals. If chemical thresholds are met, reporting forms for nonylphenol are due on the reporting deadline of July 1, 2016. Nonylphenol is highly toxic to aquatic organisms and has been found in natural waters. Nonylphenol is used in a variety of industrial applications and consumer products like detergents, emulsifiers, wetting agents, and defoaming agents. This chemical category includes the following chemicals:

4-Nonylphenol – CAS 104–40–5

Isononylphenol – CAS 11066–49–2

Nonylphenol – CAS 25154–52–3

4-Isononylphenol – CAS 26543–97–5

4-Nonylphenol, branched – CAS 84852–15–3

Nonylphenol, branched – CAS 90481–04–2

Publically Owned Treatment Works (POTW) improved search function – TRI-MEweb provides users the ability to search and add close proximity POTWs using a map-based interface, located in Section 6.1 of the reporting forms. The search criterion has been expanded to include and National Pollutant Discharge Elimination System (NPDES) IDs.

Withdrawal Comment Option – TRI-MEweb now provides the option to enter a comment when withdrawing a Reporting Form R, once a withdrawal reason code has been selected. This comment is located in Section 9.1 of the reporting form.  Facilities may request a withdrawal for one or several reasons, such as:

  • WT1 – Did not meet the reporting threshold for manufacturing, processing, or otherwise use
  • WT2 – Did not meet the reporting threshold for number of employees
  • WT3 – Not in a covered NAICS Code
  • WO1 – Other reason(s)

Multi-Part Reporting and Facility Management – TRI-MEweb in 2015 automatically creates parts for your facility, if your facility reported as a multi-part in the previous reporting year. It is also easier to manage you facility’s information by having the option to create, edit or delete facility information right from the My List of Facilities page.

TURA Updates:

NEW FORMS! The eDEP system is moving to a new easier-to-use web based forms that will be available in April. MassDEP will be releasing guidance on using the new forms, once they are available. Because of the new eDEP system, it is important to attend the TURA/TRI workshops. This year’s TURA/TRI workshops:

  • Thursday May 5, 2016… ATMC Conference Center, 151 Martine Drive, Fall River
  • Tuesday May 10, 2016… North Central Massachusetts Chamber of Commerce, 860 South Street, Fitchburg
  • Thursday May 26, 2016…  Mass. Mutual Ins. Learning & Training Center, 350 Memorial Drive, Chicopee
  • Thursday June 2, 2016… Parker River Wildlife Refuge, Headquarters Building, 6 Plum Island Turnpike, Newburyport

New Reportable Chemical – the Nonylphenol category has been added to the TRI list of reportable chemicals and thus, if reportable under TURA. If chemical thresholds are met, reporting forms for nonylphenol are due on the reporting deadline of July 1, 2016. See the TRI updates section above and here, https://www.epa.gov/toxics-release-inventory-tri-program/addition-nonylphenol-category for more information.

Start your tracking now – The following chemicals have been designated as higher hazard substances, effective calendar year 2016, for reports due July 1, 2017. The reporting threshold will be 1,000 pounds for any of the reporting categories including otherwise use, processed and manufactured. Therefore, it is important to begin tracking use, beginning in 2016 for filing your 2016 TURA report, due July 1, 2017:

  • n-Propyl Bromide (nPB), (1-Bromopropane) – CAS 106-94-5
  • Hydrogen fluoride – CAS 7664-39-3
  • Cyanide compounds – MassDEP Code 1016
  • Dimethylformamide (DMF) – CAS 68-12-2

Reporting under the Amnesty Policy– Applies to companies that are subject to the reporting and planning requirements of TURA that are not aware of the requirements, or those companies that have been reporting under TURA, but have unintentionally missed one or more  reportable chemicals. MassDEP is holding enforcement amnesty through June 30, 2016, which allows for companies to voluntary disclose past failure to file one or more TURA reports. During amnesty, companies must voluntarily report one or more previously owed TURA report(s) not earlier than calendar year 2011, and will be required to pay one year of past owed chemical use and administrative late fees. Companies who will be reporting for the first time under the Amnesty Policy will be required to prepare TUR plans and submit plan summaries/plan certifications by July 1, 2018.

If you require assistance, or for more information, please contact Chelsea Regan at cregan@capaccio.com.