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:

http://www2.epa.gov/epcra/tier2-submit-software

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!

 

Third-Party Verification Of Greenhouse Gas Emissions Reports No Longer Required By The MassDEP Reply

On August 26, 2015, the MassDEP issued an e-mail to Massachusetts Greenhouse Gas (GHG) emissions reporting facilities that it will no longer require verification of GHG reports by an approved verification body once every three years as stated in 310 CMR 7.71(7).  This decision applies to reports for reporting year 2014 and future years thereafter.  Verification of emission reports for years prior to 2014 must still be completed and submitted to MassDEP.

The reason for the change is that MassDEP believes the third party verification program has been successful in improving the quality of reported GHG emissions data to-date.  Each reporting facility in the state has completed verification for at least one emission year.  MassDEP believes the reviews have resulted in significant changes to many reports and that going forward, facilities will continue to implement these changes in future years as part of their own internal verification processes.

MassDEP intends to publish a draft report on the verification requirement in the near future which will include supporting data that was considered in deciding to no longer require the third-party verification.   MassDEP  will likely be proposing amendments to 310 CMR 7.71(7) to replace the current verification requirement with other verification options such as self-certification of reported emissions.

Despite the removal of the third party verification requirement, the accuracy and consistency of data should remain a priority that needs to be addressed by alternate means such as a periodic peer review or GHG emissions audit.

CAPACCIO works closely with companies in assisting with the tracking of GHG emissions and in the preparation and submission of GHG reports to both the MassDEP and the Federal EPA.  CAPACCIO will continue to provide GHG program audits and peer reviews of GHG tracking systems, programs, and reporting.

CAPACCIO will continue to follow any developments from the MassDEP and our air quality experts can help with all your compliance needs.  If you have questions or require assistance, please contact Bob King at 508-970-0033 ext. 113 or bking@capaccio.com or John Baycroft at 508-970-0033 ext. 144 or jbaycroft@capaccio.com.

TUR Fee due September 1 Reply

If you filed a Toxics Use Reduction (TUR) report in 2015 for chemical use during 2014, there is a TUR fee due to the MassDEP by September 1.

Companies subject to TURA are required to pay annual toxics use fees. These are based on a formula that takes into account the number of people the company employs and the number of listed chemicals it manufactures, processes or otherwise uses in excess of applicable thresholds. A company calculates its fee using a worksheet/invoice that the facility submits along with its annual TUR report.

This worksheet/invoice serves as the company’s first notice of payment due. The fee must be paid in full by September 1 of the filing year. (http://www.mass.gov/eea/agencies/massdep/toxics/tur/about-tura-reporting-and-fees.html#ToxicsUseFees )

The last sheet of your facility’s TUR reporting package includes the fee calculation worksheet and serves as the invoice for the fee.  No additional notice is sent by MassDEP regarding this fee.

Print the Worksheet/Invoice page as documentation and send a copy with your check to:

MassDEP, PO Box 4062, Boston MA 02211

Payment is due by September 1, 2015. If your payment is not received by September 1, a second invoice including the $1000 late fee mandated by MGL 21I will be sent to the facility.

If you need assistance determining or submitting your TUR invoice, please contact your project manager at CAPACCIO, or Jill Vernes at jvernes@capaccio.com.

Annual Rideshare Reports Due December 31, 2015 Reply

As you may be aware, 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 their 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

The definition of “applicable commuters” is 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:
http://www.mass.gov/eea/agencies/massdep/air/programs/the-massachusetts-rideshare-program.html

If you meet the rideshare requirements, your annual report is due December 31, 2015.

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 short form year so a survey is not required; however, many companies choose to conduct a survey each year.

Many facilities find collecting rideshare data from employees a challenge. CAPACCIO has been helping clients make the process easier and more efficient. Using web-based forms we 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. Please see CAPACCIO’s rideshare service sheet for more details or visit our website for our entire suite of services.

For more information on CAPACCIO’s rideshare services, please contact Dan Forsythe at (508) 970-0033 ext. 135 or dforsythe@capaccio.com.