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

Special Offer – FREE One hour of wastewater optimization and One TCH per operator! Reply

For a limited time, CAPACCIO is offering a free one-hour consultation combined with wastewater treatment plant operator training. We will meet with you and your operators at your facility to review your existing wastewater treatment operations and develop ideas for system optimization or improvement.

At the conclusion of the consultation, CAPACCIO is authorized by MassDEP to issue Training Contact Hours (TCHs) to each attendee. A win-win as you receive a professional engineer’s review of your system as well as a TCH credit. There is no obligation to engage in any services with CAPACCIO at the conclusion of the consultation.

For more information, please contact Matt Melvin, PE, at 508-970-0033 ext. 143 or


Annual Rideshare Reports Due December 31, 2016 Reply

The Massachusetts Department of Environmental Protection’s (MassDEP’s) Rideshare Regulation (310 CMR 7.16) requires facilities that meet certain criteria to complete and submit an annual Rideshare Report summarizing its rideshare program.

The criteria that must be met to be applicable to these requirements includes:

  • Businesses with 250 or more applicable commuters that are subject to the MassDEP Air Operating Permit Program (310 CMR 7.00, Appendix C) or
  • Businesses with 1,000 or more applicable commuters
  • Educational institutions with 1,000 or more applicable students or applicable commuters combined

“Applicable commuters” are employees that work 17 hours or more per week for 20 or more weeks per year; that commute to work between the hours of 6:00 a.m. and 8:00 p.m.; and use their vehicle for work purposes during work hours less than 5 times per month.

“Applicable students” are students that are full-time commuting students and live off campus; are scheduled to begin and complete classes between 6 a.m. and 8 p.m.; and need their vehicle for class assignments or for after-school work less than five times per month.

For further details, please visit:

If you meet the rideshare requirements, your annual report is due December 31, 2016.

What must you do if your business/educational facility meets the requirements?

  • Collect data by surveying your employees/students current commuting patterns*
  • Identify available commuting options
  • Set goals and develop a plan for reducing drive-alone commute trips by 25 percent
  • Offer options and incentives to reduce drive-alone commute trips
  • Review how commuting patterns will change as a result

*For the majority of businesses and educational institutions this year is a long form year and a survey may be required.  Many companies choose to conduct a survey each year.

Many facilities find collecting rideshare data and surveying employees and students a challenge. CAPACCIO has been helping clients for years by making this process easier and more efficient. Using web-based forms we have developed, CAPACCIO can host your custom commuter survey online and collect data in a database for easy analysis. The findings can be shared with employees online and also be tailored to report commuter trends for your environmental management system (EMS) objectives and targets and help facilitate the completion of your rideshare report. The tool may also be tailored to your facility’s internal programs where employee transportation has been identified as a significant environmental aspect in your EMS goals and targets.

For more information, please contact Dan Forsythe at 508-970-0033 ext. 135 or

Changes to EPCRA Sections 311 and 312 hazardous chemical reporting forms (Tier I and Tier II) will become effective January 1, 2018 1

Summary of Changes:
The Environmental Protection Agency (EPA) has decided to revise existing hazard categories currently used for hazardous chemical inventory reporting under EPCRA Section 311 (Tier I) and Section 312 (Tier II) to conform to the hazard classes now used in the Occupational Safety and Health Administration (OSHA) revised Hazard Communication Standard (HCS). EPA has decided to replace the existing five hazard categories:

  • Fire
  • Sudden Release of Pressure
  • Reactive
  • Immediate (Acute)
  • Delayed (Chronic)

with the specific hazard classes listed in the revised OSHA Hazard Communication Standard:

Physical Hazard Health Hazard
Flammable (gases, aerosols, liquids, or solids) Carcinogenicity
Gas under pressure Acute toxicity (any route of exposure)
Explosive Reproductive toxicity
Self-heating Skin Corrosion or Irritation
Pyrophoric (liquid or solid) Respiratory or Skin Sensitization
Pyrophoric Gas Serious eye damage or eye irritation
Corrosive to metal Specific target organ toxicity (single or repeated exposure)
Oxidizer (liquid, solid or gas) Aspiration Hazard
Organic peroxide Germ cell mutagenicity
Self-reactive Simple Asphyxiant
In contact with water emits flammable gas Hazard Not Otherwise Classified (HNOC)
Combustible Dust
Hazard Not Otherwise Classified (HNOC)

EPA will be modifying the Tier2 Submit software developed for reporting under section 312 to include the new physical and health hazards. For states that have their own reporting software for section 312, EPA is providing flexibility to allow states to modify their software by January 1, 2018. Facilities are required to comply with reporting the new physical and health hazards on their Tier II inventory form for reporting year 2017, by March 1, 2018.


Effective Date: This final rule was effective June 13, 2016.

Compliance Date: The compliance date is January 1, 2018.

Note: These changes will not affect reporting for the current year 2016 and existing forms and software will be used for completing Tier II reports which must be completed by March 1, 2017.

For more information, please contact Bob King, CIH, CSP, at 508-970-0033 ext. 113 or