Proposed Revisions to the Risk Management Program Regulations Reply

On March 14, 2016, EPA published its proposed amendments to the Risk Management Program regulations in response to Executive Order 13650. The proposed revisions include several changes to the accident prevention program requirements including more extensive Process Hazard Analysis requirements, third party audits and root cause analysis during accident investigations, enhancements of the emergency preparedness requirements, increased public availability of chemical information and related streamlining of risk management plans.

Several proposed revisions are only applicable in the event that an accident, or near miss, occurs at the facility that meets the definitions in the regulation for reportable accidents. However, the proposed changes to the emergency preparedness requirements will affect all Program 2 and Program 3 facilities.

Under the proposed revisions, all Program 2 and Program 3 facilities will be required to conduct annual emergency response coordination in which the owner or operator must work with local emergency planning and response organizations to ensure resources and capabilities are in place to respond to an accidental release. All Program 2 and Program 3 facilities will also be required to conduct an annual notification exercise in which the mechanisms for notifying first responders will be executed and verified. Additional emergency response preparedness provisions are proposed for facilities that are “self-responders”. Along with the required coordination and notification described above, these facilities must also conduct annual tabletop exercises and a field exercise once every five years. The exercises must be coordinated with local emergency response officials.

These revisions are in response to repeated findings during accident investigations that indicated coordination of emergency response actions was inadequate and contributed to the severity of the accident. EPA believes that the proposed revisions will enhance and improve coordination between regulated sources and first responders such that the effects of accidents will be reduced.

For more information about the proposed rule, refer to https://www.epa.gov/rmp/proposed-changes-risk-management-program-rmp-rule .

If you have questions about the Risk Management Program or Risk Management Plans, please contact Chris Walton at 508-970-0033 ext. 139  or  cwalton@capaccio.com  or Christine Silverman at 508-970-0033 ext. 127 or csilverman@capaccio.com

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EPA Releases the 2016 Massachusetts Small MS4 General Permit Reply

The  2016 Massachusetts Small MS4 General Permit was signed April 4, 2016 and was published in the Federal Register on April 13, 2016. The small MS4 general permit will become effective July 1, 2017. The final permit replaces the 2003 small MS4 general permit for MS4 operators within the Commonwealth of Massachusetts.

In order for a small MS4 operator to obtain authorization to discharge, it must submit a complete and accurate Notice of Intent (NOI) containing the information in Appendix E of the 2016 general permit. The NOI must be submitted on or before September 29, 2017 (90 days from the effective date of the final permit). A small MS4 operator must meet the eligibility requirements of the general permit found in Part 1.2 and Part 1.9 prior to submission of its NOI.

EPA will be holding a number of public meetings for informational purposes. See the link below to see a schedule of the meetings which are currently planned:

https://www3.epa.gov/region1/npdes/stormwater/MS4_MA.html
CAPACCIO has assisted state college campuses with compliance planning and implementation of the current MS4 permit and has been tracking this new permit.

For more information about how CAPACCIO can help, please contact Christopher Walton at (508) 970-0033 x139 or cwalton@capaccio.com .

Risk Management Program (RMP) Inspection Checklists Reply

Below, please find links to the United States Environmental Protection Agency’s (US EPA’s) RMP Program Level 2 and RMP Program Level 3 Inspection Checklists.

 

http://www.capaccio.com/assets/handouts/events/ModifiedRMP Program Level 2 Process Checklist.pdf

http://www.capaccio.com/assets/handouts/events/ModfiiedRMP Program Level 3 Process Checklist.pdf

Facilities that are covered by the RMP regulations are required to implement an RMP and submit a description of the program to EPA. Additionally, RMP audits covering the items in these checklists are required every three years.

For more information or assistance with your RMP program, please contact Christine Silverman at csilverman@capaccio.com or by calling 508-970-0033 ext. 127.

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.