August 7, 2017 – UST Deadline Reply

The August 7, 2017 deadline for closure of single-walled steel underground storage tanks (USTs) is rapidly approaching per the Massachusetts Department of Environmental Protection (MassDEP) UST Systems regulation 310 CMR 80.15. This regulation applies to all in-service and temporarily out-of-service USTs, with the exception of consumptive use tanks and tanks that were relined prior to August 8, 2007 in accordance with API 1631, 1983 Edition providing that the owner has a permit and approval from the Fire Department and a current, legally valid warranty for the relining.

At this juncture, if you are the owner of an UST that is not exempt from this regulation, the UST should have been or should be scheduled to be properly closed in accordance with MassDEP requirements. If not, you still have time to avoid MassDEP enforcement activity.  The MassDEP is granting extensions of the August 2017 deadline until July 1, 2018 to those who:

  • Take the UST out of service by August 7, 2017
  • File a Single-Walled Steel Tank Out-of-Service Notification to MassDEP within 30 days of the out-of-service date
  • Submit to MassDEP no later than August 7, 2017 a fully executed and signed contract for removing or closing the UST(s) on or before July 1, 2018

Remember that as part of the UST closure regulations, an assessment for contamination is required to be conducted upon in-place closure or, for removed USTs, within 24 hours after the UST is removed and prior to excavation backfill. The results of this assessment need to be reported in an UST Closure Report. Although the assessment is not required to be completed by a Licensed Site Professional (LSP), the UST removal contractor must be knowledgeable in the MassDEP release reporting criteria under the Massachusetts Contingency Plan (MCP). In all cases, if a reportable release condition is identified, an LSP must be involved in conducting remedial actions.

CAPACCIO’s EHS-Dashboard™ software solution can help you track regulatory deadlines associated with UST compliance as well as record monthly inspection data so that you can be ready to demonstrate compliance in real time. Please visit http://www.ehsdashboard.com to schedule a demo of our dashboard or contact Chris or Dawn whose contact information is listed below.

CAPACCIO is available to assist you in determining whether this regulation applies to you, assist you in meeting the August 7, 2017 deadline, and/or providing LSP services and assistance in the UST closure assessment process. Please contact Chris Walton, PE, PCEE at 508-970-0033 ext. 139 or cwalton@capaccio.com or Dawn Horter, PG, LSP at 508-970-0033 ext. 118 or dhorter@capaccio.com for additional information.

 

EPA Haz Waste Generator Rule Updates Reply

The Environmental Protection Agency’s (EPA) Resource Conservation and Recovery Act’s (RCRA) hazardous waste generator regulatory program was originally promulgated in 1980. Since that time, the EPA has become aware of the need for more clarity, consistency, and flexibility within the program. EPA’s final rule, which was promulgated on May 30, 2017, revises the hazardous waste generator regulations making them easier to understand, and providing greater flexibility in how hazardous waste is managed.

Some key provisions where EPA is finalizing flexibility are:

  1. Allowing a hazardous waste generator to avoid increased burden of a higher generator status when generating episodic waste provided the episodic waste is properly managed, and
  2. Allowing a very small quantity generator (VSQG) (previously called conditionally exempt small quantity generators) to send its hazardous waste to a large quantity generator under control of the same person.

This program update is also implementing some Improvements to environmental protection and, therefore, several of the revisions to the hazardous waste generator regulations are more stringent than those in the previous version. One such revision requires Small Quantity Generators (SQGs) to periodically re-notify the EPA regarding their generator status every four years (SQGs needed to only notify once under the previous system).

You may Click Here for additional information on the RCRA Program Updates.  Please note that though the Federal regulations are currently in effect, the Massachusetts Department of Environmental Protection (MassDEP) has indicated they will not be adopting these updates until 2018.

We can help! Capaccio has RCRA experts that can assist you with the reporting and planning challenges associated with Federal and state hazardous waste programs.  If you have any questions about these programs and updates, please contact Alexis Dallaportas at 508-970-0033 ext. 142 or adallaportas@capaccio.com.

 

 

Stormwater Multi-Sector General Permit Annual Report Due January 30 Reply

The first annual report required by the new 2015 stormwater multi-sector general permit is due on January 30, 2017. The new annual report is different than the previous version as it now must be submitted electronically via EPA’s Central Data Exchange. The new annual report format now requires operators to upload a summary of the routine inspection findings, quarterly visual assessments, any benchmark monitoring exceedances, and any corrective actions that were taken over the course of the previous calendar year. While no documentation needs to be uploaded it will be important to have all the relevant documents available to facilitate a quick and complete submittal.

 If you need assistance with your report or have any questions, please contact Dave Averill, EIT, at 508-970-0033 ext. 146 or daverill@capaccio.com or Chris Walton, PE, BCEE, at 508-970-0033 ext. 139 or cwalton@capaccio.com.

 

 

EPA Finalizes Amendments to the Risk Management Program (RMP) Rule Reply

The current U.S. Environmental Protection Agency (EPA) Administrator, Gina McCarthy, has quickly turned around final amendments to the RMP Rule as a result of requirements under Executive Order 13650 issued by President Obama: “Improving Chemical Facility Safety and Security.” The rule was signed on December 21, 2016 and EPA is submitting it for publication. The new changes will be effective 60 days following publication in the Federal Register. CAPACCIO will provide the link to the official regulation once it has been published. A link will also be available on the Government Printing Office’s FDsys website (https://www.gpo.gov/).

Why do we need these changes and what are they?

EPA has data that suggests that current methods to prevent and mitigate releases of reportable chemicals are insufficient. There have been 58 deaths and nearly 500,000 people evacuated or sheltered-in-place in the last 10 years. Therefore, the changes made to the rule are meant to improve accident prevention RMP program elements, enhance emergency preparedness requirements, and provide local emergency responders and the community with more use-friendly access to chemical information and emergency response information at the facility.

Specifically, the final rule requires:

  • Program 3 facilities in paper manufacturing, petroleum and coal product manufacturing, and chemical manufacturing to include a Safer Technology and Alternatives Analysis (STAA) in the Process Hazard Analysis (PHA) and determine feasibility of Inherently Safer Technology (IST);
  • Program 2 and 3 facilities to conduct a third-party audit and root cause analysis after an incident;
  • Changes to some of the regulatory definitions and some of the elements submitted in a facility’s Risk Management Plan to the EPA;
  • All program level facilities to make chemical hazard information more readily available to the public; and
  • Program 2 and 3 facilities to conduct annual coordination activities with the local emergency planning committee (LEPC) and emergency responders (Fire Department and other emergency personnel), as well as conduct tabletop and field exercises to test their emergency response programs.

It is uncertain whether the change in political climate will affect these changes to the regulations, but we are following the rule closely and will keep you informed of the developments.

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

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