DHS Proposed Rule for Ammonium Nitrate Reply

The Department of Homeland Security (DHS) has issued a proposed rule regulating the sale and purchase of Ammonium Nitrate.  The proposed rule was published in the Federal Register on August 3, 2011 and can be found at:

http://www.federalregister.gov/articles/2011/08/03/2011-19313/ammonium-nitrate-security-program.  

There is a comment period for this proposed rule that closes December 1, 2011. The proposed regulation establishes a registration program for sale and purchase of 25 lbs or more of ammonium nitrate.  Regulated entities will receive a registration number and will need to maintain transaction records and have procedures in place to promptly report theft. 

Although ammonium nitrate is mostly used in the fertilizer industry, this regulation highlights a more important topic for all chemical users.  With every new regulation, the ability for a company to quickly determine how much of a chemical a facility uses, stores, produces, or puts into a product is becoming more and more important.  In addition to being able to track the chemicals at your facility, to be proactive, it is also important to stay abreast of new or proposed regulations.  The next regulated chemical could be integral to your process and a change in the procurement, management, or use, could have major consequences for production.   This topic will be addressed in more detail in our upcoming fall newsletter.

For more information, please contact Travis Wheeler at 508-970-0033 ext. 115 or at twheeler@capaccio.com.

First Aid and CPR WWT Operator TCH Credits Reply

CAPACCIO has had a few inquiries from our clients asking if First Aid Classes and CPR classes can be used toward the 20 Training Contact Hours (TCH’s) that WWT operators are required to obtain in order to maintain their licenses.  We spoke with the MassDEP who confirmed that they are approved. When operators submit their license renewal forms, they are to include a copy of the card (both sides) issued to them upon completion. First Aid Courses (regardless of actual length in hours) are approved for 3 TCH’s, similarly, CPR courses are also worth 3 TCH’s.  Some companies are now offering combined classes where First Aid and CPR are covered in the same course and the participants are issued one certification card for both.  If the class is combined the operators can only obtain 3 TCH’s and not 6 as they would if they were to take the classes separately. If you have any questions, contact Josh Fawson at 508-970-0033 ext. 120 or jfawson@capaccio.com.

 

MassDEP Greenhouse Gas Reporting: Verification Reply

The Massachusetts Department of Environmental Protection (MassDEP) has posted information on its website related to verification of submitted greenhouse gas (GHG) reports.  Facilities that are required to submit GHG reports to the MassDEP GHG Registry, a subset of the Climate Registry’s Information System (CRIS), must verify their submitted reports once every three years.

The first GHG reports were filed in June of 2010 for reporting of calendar year (CY) 2009 emissions, and were only required of facilities that had carbon dioxide (CO2) emissions from combustion of fossil fuels equal to or greater than 5,000 tons.  The second reports filed this last April, required reporting of all GHG emissions from facilities with carbon dioxide equivalent (CO2e) emissions equal to or greater than 5,000 tons.

To implement the verification process, the MassDEP has set up a staggered verification schedule based on the first year a facility reported and the level of GHG emissions reported.  The flowchart below summarizes the schedule by which verification reports must be submitted to the MassDEP:

Click the image above for a full view of the flowchart.

Facilities are required to hire a third party verifier that is approved by the MassDEP.  A listing of approved verifiers can be found on the MassDEP website at the following link:

http://www.mass.gov/dep/air/climate/verifiers.htm

The MassDEP has created a checklist for facilities to use which describes the steps to be completed for conducting and filing the verification report.  Below is a link to the checklist.

http://www.mass.gov/dep/air/climate/reporting.htm

To assist facilities on how to complete their verifications, the MassDEP will be conducting a verification training webinar on Tuesday, September 13, 2011.  You can sign up to attend the webinar at:

https://www2.gotomeeting.com/register/891659067

If you have any questions about whether your facility is required to report GHG emissions, need assistance with compiling or reporting your data, or have questions on the verification process, please contact Lynn Sheridan at 508.970.0033 ext. 122 or lsheridan@capaccio.com.

 

MassDEP Releases Interim Guidance on Management of Evaporator Systems Reply

The Massachusetts Department of Environmental Protection (MassDEP) recently published interim guidance for operators of evaporator units that employ a tank or tank system that is used to reduce the volume of (i.e. ,treat ) hazardous industrial wastewater by heating it until it evaporates.

“Evaporator systems,” as used in the interim guidance, are systems that include a wastewater treatment unit (WWTU), an evaporator unit, and all piping ancillary to operation of that system. These systems treat the influent hazardous wastewater to render it non-hazardous, and then evaporate the non-hazardous wastewater in an evaporator unit.

The interim guidance does not apply to:

  • Systems that evaporate only non-hazardous wastewater (generated off-site or on-site)
  • Units that separate non-hazardous wastewater from oil at the site of generation (310 CMR 20.252(4)
  • Units that evaporate non-hazardous wastewater transferred from an elementary neutralization unit at the site of generation (310 CMR 30.1103)
  • Closed –loop vacuum evaporators  that have no air emissions (these are exempt from 310 CMR 30.000)
  • Evaporator systems treating hazardous wastes received from off-site. These require a MassDEP HW facility license (310 CMR 30.801)
  • Sludge dryers associated with WWT systems approved by MassDEP (314 CMR 12.00)
  • Containers or treatment units (other than evaporator systems) subject to MGL 21C and 310 CMR 30.000

Evaporator systems may be exempt from licensing requirements for hazardous waste treatment provided they meet the definition of “treatment which is an integral part of the manufacturing process”. The interim guidelines provide clarification of what is required to maintain the exemption and are intended to give industry an opportunity to evaluate their systems and make necessary adjustments prior to promulgation of the new regulations (anticipated in 2012).

To qualify for the exemption, evaporator systems must:

  • Include a WWTU that is directly connected via permanent piping to the evaporator unit
  • Receive and treat wastewater in the WWTU containing only hazardous constituents in dissolved form (i.e., no multi-phase liquid hazardous waste)
  • Receive and treat wastewaters directly from their dedicated WWTU only
  • Treat the hazardous industrial wastewater in the WWTU so that it is rendered non-hazardous BEFORE it is evaporated
  • Prevent air emissions of hazardous constituents from both the untreated hazardous wastewater and the treated non-hazardous wastewater to the maximum extent practical

In certain cases, operators of evaporator systems that do not meet these requirements may need to obtain a waiver from MassDEP. Here’s the link to the Interim Guidance on Management of Evaporator Systems fact sheet: http://www.mass.gov/dep/recycle/laws/evapguid.pdf

If you have any questions, please contact Lucy Servidio at 508.970.0033 ext. 114 or lservidio@capaccio.com.