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:

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, 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 dforsythe@capaccio.com

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.

 

Reminder – Source Registration Deadlines Approaching Reply

Just a reminder that deadlines for air source registration filing are fast approaching. Prevent last minute scrambling and begin to assemble your air permits and approvals, fuel usage data, and hours of operation for fuel combustion equipment.

Each owner/operator of a facility required to file this year should have been informed of their filing schedule via a letter from the Massachusetts Department of Environmental Protection (MassDEP). If you did not receive a letter, the MassDEP has posted a list of filers with their due dates which can be found at the link below:

http://www.mass.gov/eea/agencies/massdep/service/online/filing-schedules-and-deadlines.html

The due dates for this year are listed below.

  • April 15 – Operating Permit facilities due
  • May 16 – Non-OP annual filers due
  • June 1 – Deadline for a portion of the facilities filing every 3 years (see List of All Facilities for facility-specific deadlines)
  • July 15 – Deadline for a portion of facilities filing every 3 years (see List of All Facilities for facility-specific deadlines)

NOTE:  If you were an Operating Permit facility during any portion of 2015, you will need to file a 2015 Source Registration, even if your classification changed or the facility closed.

EXCEPTIONS: Please note that some air permits require the facility to file annually.  If this is the case, then your facility is required to file by May 16, regardless of what the MassDEP list states.

Based on your current level of record keeping and available data, a peer review of your filing, or assistance with the MassDEP online filing system (eDEP) may be all you need. If interested, we would be happy to discuss where you are in the process and what is needed to ensure your deadlines are met.  For more information, please contact Linda Swift at 508-970-0033 ext. 119 or lswift@capaccio.com.

 

 

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!