EPCRA 313 and TURA Reporting/Planning Reply

It is never too early to start thinking about collecting your chemical use and emissions data for calendar year 2011. Nor is it too early to begin evaluating your reporting thresholds for Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 Toxic Chemical Release Inventory (Form R) and Massachusetts Toxics Use Reduction Act (TURA) Toxics Use (TUR Form S) Reporting.  Reports are due July 1, 2012.

Hydrogen sulfide is added to TRI requirements for 2012

In the October 17 edition of the Federal Register, the US Environmental Protection Agency (EPA) announced that they dropped their stay on hydrogen sulfide gas because they had enough scientific evidence to change its status to reportable. Companies will have to report if they manufacture, process, or use hydrogen sulfide in excess of reporting thresholds. This decision will likely impact utilities, petroleum refineries, and metal and coal mining companies. The change will take effect in the 2012 Form R reporting cycle with reports due July 1, 2013.

Please note: In a recent conversation with Dwight Peavey, TRI Coordinator for EPA New England, Dwight stressed that having back-up for threshold determinations and emission calculations will be very important in the upcoming reporting year. EPA is using other databases (e.g., Tier 2 and Risk Management Programs) to connect the dots and find companies that should be reporting.

 Newly Added TURA Chemicals

The TURA Administrative Council voted this year to separate hexavalent chromium compounds  from the general chromium compounds category, and make hexavalent chromium compounds a Higher Hazard Substance (HHS).   They also voted to designate formaldehyde as a HHS.  There is a formal public comment period on these proposed regulation changes that began November 11 and ends December 1, 2011.  Go to:  http://www.mass.gov/eea/waste-mgnt-recycling/toxics/toxic-use-reduction/hearing-amendments-to-the-toxic-substances-list.html  to find information on where you can obtain a copy of the proposed regulation changes and to submit comments, if you wish to do so.

If the proposed regulations are finalized before the end of calendar year 2011, then 2012 would be the first year that hexavalent chromium compounds and formaldehyde would have a 1000 pound (lb) reporting threshold.  Other chromium compounds (most often trivalent) would still have a 25,000 lb threshold for manufactured and processed, or 10,000 lb for otherwise used.  The 2012 reports would need to be filed with the MassDEP by July 1, 2013.

TUR Planning

2012 is a TUR planning year. Don’t forget to post your Employee Notification that reminds employees at your company that you will be going through the TUR planning process and solicit their input on ways to reduce toxics use and byproduct.

Plan Summaries/Progress Reports and Plan Certification need to be completed and submitted by July 1, 2012.  You will need to have a traditional TUR Plan, a TUR Environmental Management System, or a Resource Conservation Plan in place by July 1st.   Reminder: plans must be certified by a MassDEP Certified Toxics Use Reduction Planner.

 If you need any help with developing a methodology that will past EPA and MassDEP muster, contact Linda Swift at 508.970.0033 ext. 119 or lswift@capaccio.com or Lucy Servidio at 508.970.0033 ext. 114 or lservidio@capaccio.com.

EPA Extends SPCC Rule’s Compliance Date for Certain Facilities Reply

On October 7, 2010, EPA maintained the November 10, 2010, compliance date for drilling, production or workover facilities that are offshore or that have an offshore component, and for onshore facilities required to have and submit Facility Response Plans (FRPs). However, EPA extended the compliance date an additional year for all other facilities to amend or develop a SPCC Plan until November 10, 2011.

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.