EPA Area Source Boiler MACT Notification Due 1

Facilities that meet the applicability criteria of the EPA’s National Emission Standards for Industrial/Commercial/Institutional Boilers at Area Sources (40 CFR 63, Subpart JJJJJJ) are required to submit an initial notification with the EPA no later than September 17, 2011.

Does it apply to your Boilers?

The rule applies to all boilers located at area sources, with the exception of gas fired boilers and hot water heaters. An area source is any facility that emits less than 10 tons per year of any single hazardous air pollutant (HAP), and less than 25 tons per year of any combination of HAPS.

The EPA offers the following definitions for exempt sources:

Gas-fired boiler includes any boiler that burns gaseous fuels not combined with any solid fuels, burns liquid fuel only during periods of gas curtailment, gas supply emergencies, or periodic testing on liquid fuel. Periodic testing of liquid fuel shall not exceed a combined total of 48 hours during any calendar year.

Liquid fuel means, but not limited to, petroleum, distillate oil, residual oil, any form of liquid fuel derived from petroleum, used oil, liquid biofuels, and biodiesel.

Hot water heater means a closed vessel with a capacity of no more than 120 U.S. gallons in which water is heated by combustion of gaseous or liquid fuel and is withdrawn for use external to the vessel at pressures not exceeding 160 pounds per square inch gauge (psig, including the apparatus by which the heat is generated and all controls and devices necessary to prevent water temperatures from exceeding 210 degrees Fahrenheit (99 degrees Celsius).

What are your requirements?

In addition to the requirement to file an initial notification, the regulation also contains requirements related to emission limits, work practice standards, operating limits (for sources with emission limits), and reporting. The exact requirements for any particular boiler are based on whether the boiler is existing or new, what the heat input rating is for the boiler, and what type of fuel is combusted (biomass, oil, or coal). A boiler is an existing unit if it commenced construction on or before June 4, 2010. A boiler is a new unit if it commenced construction after June 4, 2010.

Below is a summary of some of the key compliance dates:

• By September 17, 2011 – File an initial notification of applicability with the EPA.

• By September 17, 2011 – New boilers must file the notification, or within 120 days of startup, whichever is later. An example notification form can be found on the EPA website at the following address:

http://www.epa.gov/ttn/atw/boiler/area_initial_notification.doc

• By March 21, 2012 – All boilers (except coal fired units greater than 10 MMBtu/hr) must have their first biennial tune-up conducted. Subsequent tune-ups must be completed no later than 25 months after the previous tune-up.

• By July 19, 2012 – All existing boilers (except coal fired units greater than 10 MMBtu/hr – See regulation for applicable dates) must file a notice of compliance status with EPA.

• By March 21, 2014 – All existing boilers with heat input ratings of 10 MMBtu/hr or greater must perform a one-time energy assessment. New boilers are not required to conduct energy assessments.

The above is just a summary of the major requirements. For a complete listing of all requirements that might apply to your boiler, you should consult 40 CFR 63, Subpart JJJJJJ. A copy of the final regulation as published on March 21, 2011 can be found on the EPA website at the following address:

http://www.epa.gov/ttn/atw/boiler/fr21mr11a.pdf

Should you have questions on whether the rule applies to your boilers, or if you are not sure what requirements may apply, please contact Lynn Sheridan at 508.970.0033 ext. 122 or lsheridan@capaccio.com.

EPA Proposes Changes to EPCRA Section 312 Tier I and Tier II Forms Reply

On August 8, 2011, the Environmental Protection Agency (EPA) published a proposed rule that suggests changes to the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 312 (Tier I and Tier II) reports (40 CFR 370).  The proposed regulations include additions and revisions to the Tier I and Tier II forms so the forms can be more useful to state and local agencies and better inform the public on the chemical hazards in their communities. Although the proposed regulations refer to Tier I and Tier II forms, most state and local authorities only require a Tier II form from facilities that trip reporting thresholds.

EPA proposes to add the following to Tier I and Tier II forms:

  • Add entries for the facility’s identification number under EPCRA 313 (Toxic Chemical Release Inventory – Form R reporting) and Clean Air Act Risk Management Programs, if applicable.
  • Add an entry for the number of occupants at the facility.
  • Add entries for the facility’s parent company name, address, and phone as well as the company’s Dun and Bradstreet number.
  • Add entries for name and contact information of the facility representative required under EPCRA Section 303.
  • Add entries for name, title, and phone number of the person knowledgeable or responsible for completing the information on the Tier II form.
  • Add an entry to indicate whether the facility is also subject to Extremely Hazardous Substance (EHS) notification requirements under EPCRA Section 302.

EPA is also proposing to revise the following existing entries currently on the Tier II form:

  • Revise the current range codes for maximum and daily average amounts of hazardous chemicals to narrower codes than the existing codes to be more useful to Local Emergency Planning Committees (LEPCs) for effective emergency response planning.
  • Revise the reporting of chemicals (i.e., pure chemicals versus mixtures) to make it more user friendly for state and local authorities by providing separate entries for pure chemicals and mixtures.
  • Revise the form to allow for description of the types of storage and storage conditions rather than using codes.

EPA is soliciting comments on the proposed rule until October 7, 2011.

Please contact Linda Swift at 508.970.0033 ext. 119 or lswift@capaccio.com with any questions you may have regarding these proposed changes to EPCRA 312 reporting.

Oil Storage and EPA Penalties – Don’t be next! Reply

On July 8, 2011, the Environmental Protection Agency (EPA) issued a “tweet” with the headline, “Companies in Vermont and Massachusetts face sanctions for failing to prevent oil spills.” It looks like the EPA has moved to social media for its regulatory updates (and warnings)! The sanctions were related to violations under Title 40, Code of Federal Regulations Part 112 (40 CFR 112) “Oil Pollution Prevention” which requires companies that store more than 1,320 gallons of oil in aboveground containers to prepare and maintain a Spill Prevention, Control, and Countermeasure (SPCC) plan. The purpose of preparing and maintaining an SPCC plan is to prevent and contain spills in order to minimize environmental damage when spills do occur. In addition, companies, through their SPCC plans, must ensure that they can adequately respond to a spill by having adequate employee training and spill response equipment.

The two New England based companies mentioned were issued significant penalties (i.e., in excess of $100K) for failing to take the required precautions to prevent and contain oil spills from their facility activities. Similar penalties are frequently issued by the EPA for a regulatory program with requirements that are relatively easy to meet. Why? Most of the time the companies that get fined don’t know about the regulation and therefore they don’t have an SPCC plan in place. In addition to paying a penalty, companies are required to come into compliance by preparing an SPCC Plan under a consent order. Don’t be the next source of EPA revenue! If you don’t have an SPCC plan, conduct an inventory of oil storage at your facility to determine if you exceed the 1,320 gallon threshold and be sure to include all animal, vegetable, mineral and synthetic oils.

If you want more information, please contact Wayne Bates at 508.970.0033 x121 or wbates@capaccio.com or check out the EPA website: http://www.epa.gov/emergencies/content/spcc/index.htm)

Is your Risk Management Plan ready for an EPA inspection? Reply

The EPA has announced that it will be conducting inspections of all facilities regulated under the Risk Management Program (40 CFR 68) over the next ten years. The inspections will be tiered, with facilities that have reported accidents and those that use high risk chemicals (such as chlorine and ammonia) among the first to be inspected.

The U.S. Environmental Protection Agency (EPA), in conjunction with the Massachusetts State Emergency Response Commission, recently held two workshops on the Risk Management Program regulated under 40 CFR 68. This regulation requires owners and operators of facilities that manufacture, use, store, or otherwise handle more than a threshold quantity of a listed regulated substance in a process, to implement a Risk Management Program and submit a Risk Management Plan (RMP) to the EPA.

Of particular note, it was announced at the workshops that the EPA would be conducting inspections of all facilities subject to 40 CFR 68 over the next ten years. The criteria for selecting the order in which facilities will be inspected will be based on the following factors:

• Previous accident history of the facility
• Accident history for other facilities in the same industry
• Quantity of RMP-regulated substance onsite
• Proximity to public and environmental receptors
• Presence of specified regulated substances (e.g., chlorine, ammonia)
• Hazards identified in the RMP or
• A neutral, random oversight scheme.

The purpose of the inspections is to ensure that facilities are continuing to implement their Risk Management Program as required and that their RMP is correctly updated to account for changes in facility management and the covered process. As a result of the inspection, a facility may be required to revise its RMP and correct deficiencies in its underlying Risk Management Program.

Are you prepared?

The Risk Management Program requires facilities to conduct audits of their programs once every three years and to submit an update of their RMP to the EPA once every five years. The results of the audit are to be documented in a findings report which must list any items requiring updates or corrections. The facility is required to provide documentation that each of the items identified in the audit report were appropriately addressed or corrected. Facilities are required to maintain copies of the two most recent audit reports for EPA review during an inspection. Risk Management Program elements that are often cited as missing, poorly documented, or deficient in inspections include:

• Operating Procedures
• Employee Training
• Incident Investigation
• Process Hazards Analysis
• Management of Change
• Pre-Startup Review

To prepare for an EPA inspection, facilities should make sure that they have completed their three audits as required and that all items identified in the audit reports have been appropriately addressed. Facilities should also make sure that any applicable program elements, such as those listed above, are reviewed and updated as required.

If you have any questions regarding the Risk Management Plan regulation, or would like additional information on how to prepare for an inspection, contact Lynn Sheridan at 508.970.0033 x122 or lsheridan@capaccio.com.