Per Massachusetts Underground Storage Tank (UST) regulations found at 310 CMR 80.52: All Owners or Operators of UST systems shall maintain and demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of UST systems.
Many Owners and Operators use commercial insurance. However, the regulation requires the coverage to be in the form of a separate policy or an endorsement to an existing policy. Any endorsement must include very specific language included in the regulation.
Why does this matter?
In accordance with 310 CMR 80.49(7), third party inspectors are required to verify that financial responsibility is current and documented. However, the date of the third party inspection is not the best time to be seeking the proper documentation; a better time is now! A few phone calls this week will save many headaches when it is time for the next third party inspection.
If you need a third party inspection, or if you have other UST questions, please contact Christopher Walton, PE, at firstname.lastname@example.org or (508) 970-0033 ext. 139.
Summary of Changes:
The Environmental Protection Agency (EPA) has decided to revise existing hazard categories currently used for hazardous chemical inventory reporting under EPCRA Section 311 (Tier I) and Section 312 (Tier II) to conform to the hazard classes now used in the Occupational Safety and Health Administration (OSHA) revised Hazard Communication Standard (HCS). EPA has decided to replace the existing five hazard categories:
- Sudden Release of Pressure
- Immediate (Acute)
- Delayed (Chronic)
with the specific hazard classes listed in the revised OSHA Hazard Communication Standard:
|Flammable (gases, aerosols, liquids, or solids)
|Gas under pressure
||Acute toxicity (any route of exposure)
||Skin Corrosion or Irritation
|Pyrophoric (liquid or solid)
||Respiratory or Skin Sensitization
||Serious eye damage or eye irritation
|Corrosive to metal
||Specific target organ toxicity (single or repeated exposure)
|Oxidizer (liquid, solid or gas)
||Germ cell mutagenicity
|In contact with water emits flammable gas
||Hazard Not Otherwise Classified (HNOC)
|Hazard Not Otherwise Classified (HNOC)
EPA will be modifying the Tier2 Submit software developed for reporting under section 312 to include the new physical and health hazards. For states that have their own reporting software for section 312, EPA is providing flexibility to allow states to modify their software by January 1, 2018. Facilities are required to comply with reporting the new physical and health hazards on their Tier II inventory form for reporting year 2017, by March 1, 2018.
Effective Date: This final rule was effective June 13, 2016.
Compliance Date: The compliance date is January 1, 2018.
Note: These changes will not affect reporting for the current year 2016 and existing forms and software will be used for completing Tier II reports which must be completed by March 1, 2017.
For more information, please contact Bob King, CIH, CSP, at 508-970-0033 ext. 113 or email@example.com.
CAPACCIO is tracking a new Environmental Protection Agency (EPA) initiative that may ultimately affect any semiconductor or electronic component manufacturer that generates process wastewater. Every two years, the EPA publishes its plan to revise national wastewater discharge standards (also known as Effluent Limitation Guidelines or “categorical standards”). The 2016 plan, published in the Federal Register on June 27, 2016 (www.epa.gov/eg) discloses that EPA will evaluate the Electronic and Electronic Components Category, which includes manufacturers of a wide variety of products including semiconductors, crystals, wafers, photovoltaics, and others as defined by EPA (see current EPA regulation at 40 CFR 469). EPA has not changed this regulation since 1983 and EPA acknowledges there have been many developments in the category since 1983. EPA will review current wastewater discharges, wastewater treatment, pollution prevention and management technologies and may establish new baseline metrics (discharge standards, water use limits, best management practices) that would apply to all members of the category.
If you have questions about how this may impact you, please call Art Cunningham, Director of Engineering at CAPACCIO, (508) 970-0033 ext. 141 or firstname.lastname@example.org.
Section 608 of the Clean Air Act requires EPA to develop programs that protect the stratospheric ozone layer and prohibits the knowing release of ozone-depleting substances (ODS) and substitute refrigerants during the course of maintaining, servicing, repairing, or disposing of appliances or industrial process refrigeration. On November 9, 2015, EPA published a proposed rule to amend these refrigerant management program regulations.
Here is a brief summary of the changes EPA has proposed.
- Extend the regulations to cover substitute refrigerants to non-ozone-depleting substitute refrigerants, including but not limited to hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs).
- Strengthen the requirements to repair leaking appliances containing 50 or more pounds of refrigerant by lowering applicable leak rates for
- industrial process and commercial refrigeration appliances from 35 percent to 20 percent, and
- comfort cooling appliances from 15 percent 10 percent
- Require regular leak inspections or continuous monitoring of refrigeration and air conditioning systems including:
- annual inspections for systems normally containing 50 pounds or more of refrigerant
- quarterly inspections for commercial refrigeration and industrial systems normally containing 500 pounds or more of refrigerant
- Extend the current sales restriction on ODS refrigerants to substitute refrigerants with the exception of small cans (two pounds or less) of motor vehicle air conditioning (MVAC) refrigerant
- Prohibit operation of systems normally containing 50 pounds or more of refrigerant that have leaked 75% or more of their full charge for two consecutive years.
- Extend current recordkeeping requirements for appliances with less than 5 pounds and more than 50 pounds of refrigerant to appliances containing between 5 and 50 pounds of ODS and non-ODS substitute refrigerants. The change will require all technicians to keep records of the amount of ODS and substitute refrigerant recovered when disposing of all appliances.
- Update the Technician Certification Program to require certification for servicing appliances containing non-exempt substitutes and also require certifying organizations to publish lists or online databases of technicians that have been certified.
EPA is proposing that most of the final rule become effective on January 1, 2017 but recognizes that for certain requirements, stakeholders will need additional time to comply. Therefore, EPA is proposing compliance dates from one year to 18 months after publication of the final rule for appliance maintenance and leak repair requirements.
If you own, operate, or use refrigeration contractors to service your industrial refrigeration or comfort cooling equipment, be aware that these changes may impact you, your facility, your equipment, and your regulatory reporting obligations.
For more information or if you seek assistance, please contact Bob King, CIH, CSP, at 508-970-0033 ext. 113 or email@example.com.