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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General Duty Clause and Risk Management Program Clean Air Act EPA Enforcement Initiative – Are you in compliance? Reply

Section 112(r) of the Clean Air Act establishes the Risk Management Plan (RMP) program, which requires facilities with certain chemicals above regulatory thresholds (see list at 40 CFR 68) to develop and implement an RMP program. An RMP program is designed to identify and mitigate the hazards associated with chemical use in order to prevent accidents that can cause off-site consequences.

Although the RMP program is only applicable when quantities exceed a certain threshold, the regulation also includes a GENERAL DUTY CLAUSE, that requires facilities which use ANY AMOUNT of the chemicals on the RMP list (or any amount of an extremely hazardous substance) to understand and mitigate any hazards that could result in off-site consequences.

What this means is that companies should be looking at chemicals at their facilities that are on the list in 40 CFR 68 (or are extremely hazardous substances) EVEN IF THEY ARE STORED/USED BELOW REGULATORY THRESHOLDS and making a determination if there is a risk of off-site consequences in the event of an accident. This can be done fairly quickly using EPA’s ALOHA modeling software.

Although this regulation and the GENERAL DUTY CLAUSE have been on the books since 1990, it is now an enforcement priority for EPA, in part because of the fatality that occurred this spring involving a release of gaseous ammonia.

CAPACCIO can help in several ways and at varying levels with your GENERAL DUTY CLAUSE Requirements:

Basic High Level Screening: CAPACCIO will review your company’s Tier II list and/or chemical inventory and select a few chemicals stored in large quantities or extremely hazardous substances. We will run these chemicals through the ALOHA model and determine if there are likely to be off-site consequences. The client will receive a list of chemicals that may have off-site consequences and a recommendation for any additional work related to determining impacts and reviewing additional chemicals, if warranted.

In-Depth Screening: Similar to above, but CAPACCIO will review more chemicals. ALOHA modeling and subsequent analysis using site specific inputs will be conducted. Working with the company’s chemical inventory and site information, CAPACCIO will provide a list of chemicals for which GENERAL DUTY CLAUSE requirements are applicable and a recommendation such as a gap analysis to determine what additional work may be required to comply with GENERAL DUTY CLAUSE requirements.

Gap Analysis: CAPACCIO will review the company’s existing standard operating procedures, mechanical integrity programs, management of change procedures. to determine what steps need to be taken to conform to  GENERAL DUTY CLAUSE requirements. The client receives a matrix with any gaps which are identified. CAPACCIO can close out gaps identified and assist with the development of an RMP “Lite” Program if desired (see below).

Development of an RMP “Lite” Program: CAPACCIO can help a company implement the recommendations that result from the Gap Analysis. This would include development of process flow diagrams, procedures and training (if needed), as well as engineering tasks such as preparation of process safety information and off-site consequences analysis. The client receives a written plan of the program.

For more information, please contact Lucy Servidio, CHMM, TURP, at 508-970-0033 ext. 114 or lservidio@capaccio.com.