Federal EPCRA 313 Form R and Massachusetts TURA Form S Reports Due July 1 Reply

It’s that time of year again when companies are calculating thresholds for chemicals used in calendar year (CY) 2012 to determine if there are any chemicals manufactured, processed or otherwise used on-site that need to be reported under the US Environmental Protection Agency’s 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).

This is just a friendly reminder that there are a few changes for TURA reporting this year. MassDEP designated hexavalent chromium compounds and formaldehyde as Higher Hazard Substances (HHS )and lowered the threshold for reporting these chemicals to 1,000 pounds for calendar year 2012 (due July 1, 2013). It’s important that you take the time to review the guidance MassDEP developed for these chemicals. You may be surprised with some of the processes that you have to consider when determining thresholds for these new HHSs (e.g., fuel combustion, welding, formaldehyde based resins).

Also please note that zinc metal (without any fume or dust qualifiers) is back on the MassDEP TURA Chemical List. Zinc was erroneously taken off the list back in the late 1990’s. MassDEP has said they will not take enforcement against those companies who start reporting for zinc metal in this reporting year. Discussions are in progress at MassDEP as to the fate of zinc metal on the TURA Chemical List.
For more information on MassDEP guidance for hexavalent chromium compounds and formaldehyde please go to:

http://www.mass.gov/eea/docs/dep/toxics/laws/frmlguid.pdf
http://www.mass.gov/eea/docs/dep/toxics/laws/crviguid.pdf

If you need assistance with your reports or more information, please contact Lucy Servidio at 508.970.0033 ext. 114 or lservidio@capaccio.com or Travis Wheeler at 508.970.0033 ext. 115 or twheeler@capaccio.com.

MassDEP Website to Change on May 1 1

On May 1, 2013, the MassDEP Web site will be changing, as it becomes part of the Executive Office of Energy & Environmental Affairs’ portal Web site. This change is the result of Governor Patrick’s Information Technology consolidation plan, which seeks greater operational efficiencies and cost-effectiveness by centralizing information technology systems.

Please note that, as of May 1, 2013, many of your bookmarks and links to specific pages on the current MassDEP site will not work. However, you will still find the MassDEP homepage at http://mass.gov/dep.

To learn more about the coming changes, how they will affect your use of the site and your links/bookmarks to MassDEP, and to view a short preview before the new site launches on May 1, please visit the MassDEP homepage at http://mass.gov/dep.

CAPACCIO will update the links on our website on May 1 so that you may continue to have access. If you have any questions, please contact Lucy Servidio at 508-970-0033 x114 or lservidio@capaccio.com.

Upcoming CAPACCIO webinar: SEC’s Conflict Minerals Ruling: Ensuring Compliance and Meeting Customer Demands Reply

Join CAPACCIO for a complimentary webinar on April 3

SEC’s Conflict Minerals Ruling: Ensuring Compliance and Meeting Customer Demands

Space is limited.
Reserve your Webinar seat now at:
https://www4.gotomeeting.com/register/498882871

The U.S. Securities and Exchange Commission (SEC) adopted a ruling mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act requiring publically-traded companies to disclose their use of conflict minerals originating from the Democratic Republic of the Congo (DRC) or an adjoining country. Conflict minerals include tantalum, tin, tungsten, and gold, and are largely found in electronic components. Regardless of whether the regulation directly applies to you, thousands of companies will be affected including those that are privately owned and those that are suppliers to publically-traded companies.

Tracing the use of conflict minerals and conducting due diligence to comply with the ruling is a substantial undertaking requiring time, resources, and expertise. Having a plan and systems in place to track and report 2013 activity to the SEC on May 31, 2014 regarding the source and chain of custody of conflict minerals will be crucial.

This webinar will provide an overview of the requirements and identify systems and solutions for streamlining the reporting process. Additionally, the discussion will offer effective approaches to incorporating conflict minerals reporting into sustainability management systems to help your organization achieve a competitive advantage and improve transparency.

Title: SEC’s Conflict Minerals Ruling: Ensuring Compliance and Meeting Customer Demands
Date: Wednesday, April 3, 2013
Time: 12:00 PM – 1:00 PM EDT
Presented by: Julie Muszalski, Sustainability Professional, CAPACCIO
Moderated by: Dan Forsythe, Senior Associate and Practice Area Leader for the Electronics and Semiconductor Industry, CAPACCIO

For more information on conflict minerals reporting, please contact Julie Muszalski at 508-970-0033 x124 or jmuszalski@capaccio.com.

Greenhouse Gas and Source Registration Due Dates Approaching Reply

The Environmental Protection Agency (EPA) and Massachusetts Department of Environmental Protection (MassDEP) Greenhouse Gas (GHG) and Source Registration reporting deadlines are fast approaching.

EPA Mandatory Greenhouse Gas Reporting – Due April 1st

The EPA mandatory GHG reporting regulation [40 CFR 98] requires any person owning, operating, or controlling the following facilities to report their 2012 carbon dioxide equivalent (CO2e) emissions to the EPA:

• One of 17 identified industry categories
• One of seven identified industry categories, that emit greater than 25,000 metric tons or more of CO2e per year
• Facilities that do not meet the above, that have combustion units in aggregate equal to or greater than 30 million Btu per hour, that emit 25,000 metric tons or more of CO2e per year from fuel combustion
• Identified suppliers, producers and importers of GHGs

All requested data must be reported using the EPA’s online Electronic Greenhouse Gas Reporting Tool (e-GGRT) by April 1, 2013.

Mass Air Source Registrations and Emissions Statements Annual Filer Reports – Due April 15

MassDEP requires submittal of Air Source Registration/Emission Statements annually for some sources and triennially (every three years) for others. The MassDEP has implemented staggered filing deadlines as follows:

Annual filers
 Operating Permit facilities must file by April 15, 2013
 Non-Operating Permit facilities that are required to file annually must file by May 15, 2013
Triennial filers
 Facilities required to file every three years will receive notification from the MassDEP that their filing is due on either June 3 or July 15, 2013

MassDEP expects filers to use its eDEP on-line source registration filing system. Submittal of hardcopy form is not required.

If your facility meets the criteria under 310 CMR 7.12 for filing Source Registration (SR), reports are due regardless of whether MassDEP sends you a letter. However, you should check the mailing list on the SR web page at Filing Schedules & Deadlines first to see if your facility has been deferred to a later year. If you think there is a mistake in the list, and you should (or should not) be on it (or scheduled for a different year), e-mail air.quality@state.ma.us explaining why the list is wrong.

NOTE: You may be directed by MassDEP to submit a Source Registration through communications other than the annual notice letters. For example, you may be directed to submit as part of an inspection, enforcement action, or permit. You must submit when so directed regardless of whether or not you receive one of the annual Source Registration notice letters.

Mass Mandatory Greenhouse Gas Reporting – Due April 15

The MassDEP mandatory GHG Reporting regulation [310 CMR 7.71] requires any person owning, operating, or controlling the following facilities to report their 2012 carbon dioxide equivalent (CO2e) emissions to the MassDEP:

• All Operating Permit facilities with GHG emissions (310 CMR 7.00, Appendix C)
• All facilities that emit greater than 5,000 short tons of CO2e per year

All required data must be reported to the Climate Registry Information System (CRIS) by April 15, 2013.

Please note: Per an update to the General Reporting Protocol dated January 2nd, 2013, there are updated emission factors that are to be used for reporting this year. See the link below for more information:

http://www.theclimateregistry.org/downloads/2013/01/2013-Climate-Registry-Default-Emissions-Factors.pdf

Reporting facilities that have not previously been verified will also be required to verify their reporting year 2012 emissions by December 31, 2013.

For assistance with your SR or GHG reporting, please contact John Baycroft at 508.970.0033 x144 or jbaycroft@capaccio.com. We can sit alongside and assist you in the process, peer review your submittal, or complete the entire process for you.