2016 Hazardous Waste and Hazardous Materials Reporting Deadlines Announced Reply

2016 will be here before we know it. With the New Year comes a series of compliance reporting deadlines, especially for companies that generate hazardous waste and store and use hazardous materials.

 Toxics Use Reduction Plan Employee Notification – due January 1

Massachusetts companies subject to Toxics Use Reduction (TUR) planning must post a TUR Plan Employee Notification requesting ideas on how to reduce toxic chemical use and waste generation by January 1, 2016.  Please note: The Employee Notification is also required for Resource Conservation (RC) Plans; however for RC Plans, the focus is on the asset chosen for the plan.  There is no Employee Notification requirement for companies that decide to incorporate TUR planning in its Environmental Management System (EMS). 

EPCRA 312 Tier II Reports – due March 1

Federal Emergency Planning and Community Right-To-Know Act (EPCRA) requires that facilities which store chemicals above the threshold planning quantities report those chemicals on a Tier II report annually to the State Emergency Response Commission (SERC) which in Massachusetts is the Massachusetts Emergency Management Agency (MEMA), the Local Emergency Planning Committee (LEPC), and the local fire department. Reports are due March 1, 2016.

Companies having to submit Tier II reports must include, among other information, the exact quantity of each reportable chemical stored at its facility and transportation information for EHSs. In order to provide this data, companies must keep accurate chemical storage inventories to quantify maximum and average amounts of chemicals stored at any one time for the previous calendar year.

The link to guidance regarding the data required by the Commonwealth of Massachusetts for Tier II reporting is http://www.mass.gov/eopss/agencies/mema/emergency-info/haz-mat/serc/

The state contact for information regarding the MEMA requirements for Tier II reporting is

Jeff Timperi at Jeff.Timperi@state.ma.us or (508) 820-2019.

MEMA is requiring Massachusetts facilities to use the online Tier2Manager reporting system for RY 2015.  Information on setting up an account and accessing facility data can be found on the MEMA website at:  http://www.mass.gov/eopss/agencies/mema/emergency-info/haz-mat/serc/

MEMA strongly recommends that companies include a site plan with Tier II reports.  Some LEPCs require site plans, so it’s good to check with them before you submit the Tier II.

Be sure to contact your LEPC and local fire department as well to inquire about any special requirements they may have regarding Tier II Reporting.

The EPA software is available at this link:


Massachusetts Recycling Permit Annual Reports – due March 1

Massachusetts Department of Environmental Protection (MassDEP) requires generators who recycle hazardous wastes under one of MassDEP’s Recycling Permits to report recycling activities for the previous calendar year on a MassDEP form by March 1, 2016. The MassDEP website for hazardous waste reporting and the annual reporting form for hazardous waste recyclers can be found here: http://www.mass.gov/eea/agencies/massdep/recycle/hazardous/periodic-hazardous-waste-reporting.html.

Federal Hazardous Waste Biennial Reports – due March 1

Large Quantity Generators of hazardous waste must file reports by March 1, 2016 which will include a summary of hazardous wastes generated in CY 2015.

The Hazardous Waste (HW) Biennial Report software and forms are now available for 2015 and can be downloaded from http://www.capaccio.com/Resources/Links_Regulatory.html.

The 2015 version of the software must be used to complete and submit the forms. The following must be mailed to the MassDEP:

  • A signed copy of the Federal 8700/12 Site Identification form, and,
  • The report’s SI, GM, and WR files either as exported from the software or in the EPA Biennial Report Flat File format copied to a CD

Massachusetts TURA Form S Reports – due July 1

MassDEP requires filing of Form S reports for companies otherwise using, processing or manufacturing listed toxic chemicals in excess of certain thresholds within the calendar year in addition to the federally required EPCRA 313 Form R reports by July 1, 2016 for toxic chemicals used during CY 2015.

For access to Form S go to: http://www.capaccio.com/Resources/Links_Regulatory.html. Please note, the forms will not be available for download until April, 2016.

  • MassDEP currently lists the following high hazard substances (HHS) with a lower reporting threshold of 1,000 pounds: trichloroethylene (TCE), cadmium and cadmium compounds, perchloroethylene (PCE, perc), hexavalent chromium compounds, formaldehyde, and methylene chloride.
  • MassDEP has added the following HHS for 2016: 1-boromopropane (n-propyl bromide, nPB), hydrogen fluoride, cyanide compounds, and dimethylformamide (DMF).  The reporting threshold will be 1,000 pounds for these chemicals.  Facilities should begin keeping usage records for these chemicals during 2016.  These chemicals will be reporting on the TURA Form S in 2017.

Massachusetts TUR Plans Recertification/Alternative Plan and EMS Options – due July 1

  • Massachusetts facilities that are subject to Toxics Use Reduction Act (TURA) Form S reporting must prepare/update its TUR Plans and submit plan summaries by July 1, 2016 with its Form S reports for calendar year 2015.
  • If a facility has a TUR Plan that has been through two recertification cycles, it has other options in addition to the traditional TUR planning process. For guidance see http://www.capaccio.com/Resources/Links_Regulatory.html.
    • A company can incorporate the TUR planning process into an already established EMS that has been through one full audited cycle. There are some very specific requirements that require the TUR chemicals to be listed as significant impacts in the EMS.  If this option is chosen, then the company does not have to maintain a traditional TUR Plan anymore.  However, it must submit a progress report by July 1, 2016, signed by either a TUR planner with EMS training or an EMS professional with TUR training.
    • Resource Conservation (RC) Plans allow companies to “take a break” from traditional TUR planning for a two year cycle, and then return to TUR planning every other planning cycle. Instead of focusing on the planning of the reportable TUR chemicals, the company can choose one of five assets.  The five assets include energy, water, solid waste, TUR chemicals that are under the reporting threshold, and chemicals that are exempt under TURA that are in articles or are of significant concern to the company.  The planning process for RC Plans is very similar to traditional plans.  Companies who developed an RC Plan in 2014 will have to submit an RC Plan progress report by July 1, 2016.  The plan must be certified by a TUR planner with additional training in RC planning. 

Federal EPCRA 313 Form R Report – due July 1

EPA requires annual filing of Toxic Release Inventory (TRI) Form R reports by facilities that manufacture, process, or otherwise use listed chemicals above certain thresholds.

Form R reports are due July 1, 2016 for chemical releases during CY 2015.  For access to Form R go to:  http://www.capaccio.com/Resources/Links_Regulatory.html.

The method for reporting TRI forms is to use the TRI-Made Easy Web (TRI-ME web) application via the Central Data Exchange (CDX) and the internet located at https://cdx.epa.gov/CDX/Login.

TURA Reporting Fee and Worksheet – due September 1

Toxics Use Reduction Act Fee – Facilities that are subject to Toxics Use Reporting (Form S Reporting) must submit a copy of the Toxics Use Fee Worksheet and fee by September 1, 2016.

CAPACCIO can assist with any or all of your reporting needs. Contact Lucy Servidio at 508-970-0033 ext. 114 or lservidio@capaccio.com or Colleen Walsh at 508-970-0033 ext. 129 or cwalsh@capaccio.com for more information. We’re here to help!


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.

    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

Maintaining a Safe Environment of Care – conformance to Joint Commission Standards and avoiding accreditation citations Reply

Joint Commission accreditation is intended to ensure that hospitals provide the highest level of performance and service to their patients. The Joint Commission’s accreditation process seeks to help organizations identify and resolve problems and to inspire them to improve the safety and quality of care and services provided. The process focuses on systems critical to the safety and the quality of care, treatment, and services.

Joint Commission publishes a list of the top deficiency citations about every 6 months. The top ten citations for the first half of 2014 were recently highlighted in the December 2014 issue of the New England Healthcare Engineers’ Society (NEHES) newsletter. One of the top ten citations is specifically related to management of hazardous materials and waste. The Joint Commission Standards include Environment of Care Standard EC.02.02.01, the management of hazardous materials and waste. This standard includes several elements of performance to ensure that hospitals are maintaining a safe environment for their patients, health care professionals, and support staff. Hospitals must be able to demonstrate that they do the following:

– Maintain a written, current inventory of hazardous materials and waste that it uses, stores, or
– Have written procedures, including the use of precautions and personal protective equipment, to
follow in response to hazardous material and waste spills or exposures
– Implement its procedures in response to hazardous material and waste spills or exposures
– Minimize risks associated with selecting, handling, storing, transporting, using, and disposing
of hazardous chemicals, radioactive materials (radiation, x-rays), hazardous energy sources
(lasers, MRIs), and hazardous gases and vapors
– Minimize risk associated with disposing of hazardous medications
– Monitor levels of hazardous gases and vapors to determine that they are in safe range
– Have the permits, licenses, manifests, and MSDSs required for managing hazardous materials and
– Label hazardous materials and waste, identifying the contents and hazard warnings

Demonstrating conformance to this standard includes compliance with several regulations, covering a diverse range of hazardous materials and hazardous waste sources, or “streams.” In addition, there is overlap among the many applicable regulations: OSHA, EPA, DOT, NRC, DOE, state regulations, and local bylaws.

In order to reduce risk, hospitals should consider getting a third party inspection, or audit, to assist on both compliance with applicable hazardous materials and hazardous waste regulations, and conformance to the Joint Commission Environment of Care standard. If you would like to find out more, please contact CAPACCIO’s William Potochniak, PE, at wpotochniak@capaccio.com or Jill Vernes, CHMM, TURP, at jvernes@capaccio.com.

EPA Reduces the Regulatory Burden for Industrial Facilities Using Solvent Wipes Reply

The U.S. Environmental Protection Agency (EPA) recently modified the hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude solvent-contaminated wipes from hazardous waste regulations provided that the businesses clean or dispose of them properly. Based on EPA’s final risk analysis, the rule, peer reviewed in 2008 and published for public comment in 2009, concluded wipes contaminated with certain hazardous solvents do not pose significant risk to human health and the environment when managed properly. This common-sense exclusion will save industry up to $27.8 million per year.

Wipes are used in conjunction with solvents for cleaning and other purposes by tens of thousands of facilities in a variety of industrial sectors including printers, electronics, furniture, chemicals, automobile repair shops and manufacturers of automobiles.

The final rule excludes wipes that are contaminated with solvents listed as hazardous wastes under RCRA that are cleaned or disposed of properly. To be excluded, solvent-contaminated wipes must be managed in closed, labeled containers and cannot contain free liquids when sent for cleaning or disposal. Also, facilities that generate solvent-contaminated wipes must comply with certain recordkeeping requirements and may not accumulate wipes for longer than 180 days.

Please note, there is already a MassDEP policy on wipes located at this link:

For more information about the EPA’s rulemaking visit:

For more information or assistance, please contact Linda Swift at 508.970.0033 ext. 119 or lswift@capaccio.com.