In January of this year Governor Deval Patrick committed the Commonwealth of Massachusetts to the multi-state Regional Greenhouse Gas Initiative (RGGI).  RGGI is a cooperative effort by Northeast and Mid-Atlantic states to reduce emissions of the greenhouse gas carbon dioxide (CO₂). As part of this commitment, the Massachusetts Department of Environmental Protection (MADEP) in July proposed amendments to existing regulations and promulgation of new regulations. The regulations are directed at the reduction of CO₂ emissions at power plants and demonstrate the Commonwealth’s commitment to the reduction of emissions that contribute to global climate change.

Information on RGGI and the MADEP’s proposed regulation changes can be found on the MADEP’s Greenhouse Gases & Climate Change website: http://www.mass.gov/dep/air/climate/index.htm#rggi

For questions about the Regional Greenhouse Gas Initiative, contact David Cotter at (508) 970-0033 ext. 133.

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The U.S. Environmental Protection Agency has released the first set of Hazard Characterizations on 101 High Production Volume (HPV) chemicals. These characterizations are based on EPA’s scientific review of the screening-level hazard, or toxicity, data that was submitted by the U.S. chemical industry through EPA’s HPV Challenge Program or other information previously collected by the agency.

The HPV Challenge Program challenged companies to provide the public with basic health and safety data on chemicals that are manufactured in excess of a million pounds a year. The hazard characterizations include a summary of the data submitted, EPA’s evaluation of the quality and completeness of the data, and an assessment of the potential hazards that a chemical or chemical category may pose. EPA will combine this information with human and environmental exposure information collected from EPA’s Inventory Update Reporting to develop a risk characterization and, based on that review, determine if additional action is needed to ensure the safety of the HPV chemicals’ manufacture and use.

The agency intends to use this approach to assess risks and identify and take needed action on 3000 HPV chemicals by 2012. This was one of the elements of the North American chemical cooperation commitment announced by the U.S., Canada and Mexico at the Security and Prosperity Partnership North American Leaders’ Summit in Canada in August. For additional information on this announcement, visit the HPV Challenge Program Web site at www.epa.gov/hpv.

EPA will continue to prepare and periodically post additional HPV chemical hazard characterizations as they are developed. The agency also intends to post risk characterizations on chemicals when they are developed and completed, beginning later this year.

For questions about the HPV chemical list, contact Lucy Servidio, at (508) 970-0033 ext. 114.

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For questions about Training Contact Hours, please call Wayne Bates, at 508-970-0033 Ext. 121.

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The RY06 e-FDR is available at the following URL: http://www.epa.gov/tri-efdr

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The Toxics Use Reduction Institute (TURI) and the Science Advisory Board (SAB) have made their recommendations to the Administrative Council on which chemicals should be considered Higher Hazard Chemicals and Lower Hazard Chemicals. Higher Hazard Chemical thresholds will drop to 1,000 pounds and companies will no longer have to pay a $1,100 fee for Lower Hazard Chemicals. The Administrative Council will have final say as to which chemicals get deemed the Higher or Lower Hazard category. These changes would be effective for reporting year 2008 for reports due July 1, 2009.

TURI and SAB also reviewed the CERCLA List of chemicals that are currently reportable on the state level under TURA, but not on the federal level under EPCRA Section 313. They provided their recommendations on which CERCLA chemicals should be retained on the list reportable chemicals under TURA and which need further review before they can be deleted from the list of TURA reportable chemicals.

The final document explaining the different lists and recommendations is on the TURI web site: http://www.turi.org/government/sab/science_advisory_board

If you have any questions or comments please call Lucy Servidio at 508-970-0033 Ext. 114.

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Effective June 29, 2007 the Massachusetts Department of Environmental Protection formally adopted the US Environmental Protection Agency’s new six part manifest system and revised its hazardous waste regulations to include these requirements.

Hazardous waste generators have been using the six part EPA Uniform Hazardous Waste Manifest (EPA Manifest) since September 5, 2006 and with these revisions the EPA requirements have now been incorporated in the MA DEP hazardous waste regulations.  In addition, MA DEP has specified its requirements regarding how manifests are to be distributed.  In the revised regulations MA DEP specifies the following regarding distribution of manifest copies:

• General Requirements for Distribution (310 CMR 30.313)

  • Here, in addition to the general requirements outlined by EPA, MA DEP requires that generators of waste shipped to facilities out of state make a photocopy of Copy 3 of the manifest and send it to the Department (MA DEP) within 30 days of receiving Copy 3 from the designated facility.

• Requirements for Wastes Reclaimed Pursuant to a Contractual Agreement (310 CMR 30.314)

  • Here the MA DEP replaces their previous requirements for a two part manifest (previously 310 CMR 30.315) with those for the EPA Manifest.

• Requirements for Intrastate Shipments of Waste Oil, Intrastate Shipments by VSQGs, Wastes Sent to Research Demonstration and Development Facilities, and Research Study Waste (310 CMR 30.315)

  • Here MA DEP replaces their previous requirements for a four part manifest (previously 310 CMR 30.316) with those for the EPA Manifest.

MA DEP has also incorporated procedures for rejection of waste shipments into its LQG (310 CMR 30.340), SQG (310 CMR 30.350), VSQG (310 CMR 30.353, and its General Management Standards for all Facilities (Manifest Discrepancies -  310 CMR 30.533).

You can find a MA DEP fact sheet on the new manifest requirements at http://www.mass.gov/dep/recycle/hazardous/manifest.htm and you can access the new Hazardous Waste Regulations at http://www.mass.gov/dep/recycle/laws/regulati.htm#hw.

Please call Linda Swift at (508)970-0033 extension 119 or Lucy Servidio at extension 114 with any questions you may have regarding the new hazardous waste manifesting requirements.

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If you have any questions or need assistance with Hazardous Waste Inspections, please call Lucy Servidio at (508) 970-0033 Ext. 114 or Linda Swift at (508) 970-0033 Ext. 119.

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On May 10, 2007, EPA's TRI Program issued a final rule expanding reporting requirements for the dioxin and dioxin-like compounds category (72 FR 26544).  Beginning with reporting year 2008, in addition to the total grams released for the entire category, facilities must report the quantity for each individual member on a new Form R Schedule 1.  EPA will then use the individual mass quantity data to calculate toxic equivalency (TEQ) values that will be made available to the public along with the mass data.  TEQs are a weighted quantity measure based on the toxicity of each member of the dioxin and dioxin-like compounds category relative to the most toxic members of the category, i.e., 2,3,7,8 tetrachlorodibenzo-p-dioxin and 1,2,3,7,8-pentachlorodibenzo-p-dioxin.  Expressing dioxin releases and waste management information in grams TEQ values will allow the public to better understand the toxicity of releases and waste management activities at TRI facilities and will permit easier comparisons between TRI data and other EPA and international data.  The final rule also removes the requirement to report the single generic distribution of the individual dioxin and dioxin-like compounds at the facility.

Additional information on the final rule is available at: www.epa.gov/tri/tridata/teq

If you have any questions or need assistance with TRI Reporting, please call Lucy Servidio at (508) 970-0033 Ext. 114 or Linda Swift at (508) 970-0033 Ext. 119.

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On May 16, 2007, EPA issued a final rule to extend the compliance dates for facilities subject to the SPCC regulations (72 FR 27443).  EPA has extended the compliance dates in order to provide the time necessary for the regulated community to comply with the revised requirements that EPA expects to propose in 2007.

For facilities (other than a farm) that started operations on or before August 16, 2002, the facility must maintain its existing SPCC Plan and amend and implement the plan no later than July 1, 2009.  If the facility began operations after August 16, 2002, through July 1, 2009, it must prepare and implement an SPCC Plan no later than July 1, 2009.  If the facility starts operations after July 1, 2009, it must prepare and implement an SPCC Plan before beginning operations.

On December 26, 2006, EPA issued a final rule to extend the compliance dates for farms in order to determine if the agriculture sector warrants specific consideration under the SPCC Rule (71 FR 77266).  If a farm started operations on or before August 16, 2002, it must maintain its existing SPCC Plan and amend and implement the plan when EPA promulgates a rule specific for farms.  If a farm began operations after August 16, 2002, then it must prepare and implement an SPCC Plan when EPA promulgates a rule specific for farms.

Additional information on the final rule is available at www.epa.gov/oilspill .

If you have any questions or need assistance with SPCC Regulations, please call Wayne Bates at (508) 970-0033 ext. 121.

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Hazardous waste generators are not currently required to send MA DEP manifest copies. They must follow the federal rules regarding manifest copy distribution.

Please note, however, that MA DEP is currently proposing to adopt the new federal manifest regulations and is also proposing that generators sending shipments of HW directly to an out-of-state facility provide MA DEP a copy of copy 3 after the generator receives that copy from the out-of-state HW facility [see proposed 310 CMR 30.313(4)(b)]. These proposed regulations can be found at http://www.mass.gov/dep/recycle/laws/mnfstreg.doc

If you have any questions regarding proposed MA DEP manifest regulations, please contact Lucy Servidio at 508-970-0033 Ext. 114.

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Firms involved in property transfers or acquisitions are reminded that as As of November 1, 2006 the United States Environmental Protection Agency (US EPA) the final rule establishing specific regulatory requirements for conducting all appropriate inquiries into the previous ownership, uses, and environmental conditions of a property for the purposes of qualifying for certain landowner liability protections under CERCLA is in effect. Parties must now comply with the requirements of All Appropriate Inquiries Final Rule, or follow the standards set forth in the ASTM E1527-05 Phase I Environmental Site Assessment Process, to satisfy the statutory requirements for conducting all appropriate inquiries. All appropriate inquiries must be conducted in compliance with either of these standards to obtain protection from potential liability under CERCLA as an innocent landowner, a contiguous property owner, or a bona fide prospective purchaser.

For more information or assistance with conducting Environmental Due Diligence Assessments , contact Wayne Bates (ext.121) or Dawn Horter (ext.118), at Capaccio Environmental Engineering, Inc. at 508-970-0033 or click here to request more information.

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The US Environmental Protection Agency (EPA) has posted its Tier 2 Submit software for Reporting Year 2006 on its website.  You can access and download the software to complete the Tier 2 forms by clicking here.  EPA encourages facilities to use the software to complete Tier 2 forms in order to facilitate the process and to make recordkeeping easier for the agencies receiving the data.

Remember – Tier 2 forms for chemicals stored on-site during calendar year 2006 are due to your State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and Local Fire Department by March 1, 2007

Please call Lucille Servidio at (508)970-0033 extension 114 or Linda Swift at extension 119 with questions you may have about Tier 2 reporting.

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The following is a summary of the SPCC requirements for amendments to an existing SPCC Plan based on changes at a facility. The following sections are referenced from the Title 40, Code of Federal Regulations, Part 112, (40 CFR 112).  

Background. A client had changed out several lube oil storage tanks with updated storage tanks. The recent modifications resulted in a system that stored less oil product, was easier to operate, and was less likely to result in an accidental release of oil.

Question. Is the client required to amend its current SPCC Plan as a result of the decrease in oil storage and the upgrades to the facility?

Regulations
According to 112.5(a) –
“If you are the owner or operator of a facility subject to [the SPCC requirements], you must: amend the SPCC Plan for your facility…when there is a change in the facility design, construction, operation, or maintenance that materially affects its potential for a discharge…”

 “Examples of changes that may require amendment of the Plan include but are not limited to: commissioning or decommissioning containers; replacement, reconstruction, or movement of containers….”

“An amendment made under this section must  be prepared within six months, and implemented as soon as possible, but not later than six months following preparation of the amendment”

Regulatory Interpretation
The operative words from the regulations are “materially affects”…”the potential for a discharge”. Although the amount of oil stored at the facility had been reduced and the activities had been improved, in its preamble to the July 17, 2002 revised regulations, the EPA responded to comments related to when an amendment is necessary and provided the following guidance related to the decrease in oil storage:

“We believe that an amendment is necessary when a facility change results in a decrease in the volume stored or a decrease in the potential for an oil spill because EPA needs this information to determine compliance with the rule.”

In summary, a Plan amendment would be required and must be completed within 6 months of the upgrade and implemented within 6 months of the Plan amendments.

Call Wayne Bates at 508-970-0033 Ext. 121 for any questions regarding these changes.

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On September 21, 2006 the EPA issued revised National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). The new standards address two categories of PM: fine particulates which are 2.5 micrometers or smaller in diameter (PM_2.5), and inhalable course particulate (PM₁₀) which are smaller than 10 micrometers in diameter but larger than 2.5 micrometers. The new standards are a revision of those issued in 1997.

The final standards strengthen the 24-hour PM_2.5 standard of 65 micrograms per cubic meter (µg/m³) to 35 µg/m³. The annual PM_2.5 standard of 15 µg/m³ is retained. The 24-hour PM₁₀ standard of 150 µg/m³ is also retained while the annual PM₁₀ standard is revoked.  The annual PM₁₀ standard was revoked due to a lack of evidence linking long-term exposure to health problems.

Fine particulates have been linked to a number of health problems, including: asthma and chronic bronchitis, acute respiratory symptoms, such as coughing and chest tightness, and decreased lung function (experienced as shortness of breath). Groups sensitive to these health problems include: children, the elderly, and people with compromised respiratory systems.

All of Maine, Vermont, New Hampshire, Rhode Island, and Massachusetts are classified as attainment/unclassified for the 1997 fine particulate standards. This means that these areas meet the health based PM_2.5 standard. This is good news for the public as it indicates healthy air and good news for industry as these areas will not need to file State Implementation Plans (SIPs) that would put enforceable measures in place to reduce emissions of PM_2.5.

Fairfield and New Haven counties in Connecticut are included in the New York City nonattainment area.  All other counties in Connecticut are classified as attainment/unclassified. Connecticut will need to demonstrate attainment with the 1997 PM_2.5 standard for Fairfield and New Haven counties by April 2010 (April 2015 with extensions).

Attainment designations for the revised 2006 standards will be set based on 2004-2006 monitoring data and State recommendations to the EPA. Designations made by the EPA will become effective in April 2010.

For more information on the new PM standards, please call David Cotter at 508-970-0033 ext. 112 or Email dcotter@capaccio.com

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www.epa.gov/fedrgstr/EPA-WASTE/2006/October/Day-04/f16379.pdf

Call Lucy Servidio at 508-970-0033 Ext. 114 for any questions regarding these changes.

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ANNOUNCEMENTS

eDEP improvements are ready -- MassDEP has now completed the upgrade of eDEP's hardware, replacing the old servers with computers that are twice as fast and have more memory and new operating systems. We have also completed software upgrades that will further improve performance and include some of the changes that were requested by users earlier in the year.

The improved system is now ready for you to use in filing your 2005 Source Registration. Although the upgrades provide noticeable improvements and greater capacity, every system has limits. Therefore we strongly urge you to file well before the deadline to avoid delays.

Additional Time for Non-Operating Permit Filers -- For those annual filers not subject to the Operating Permit and Compliance Program, we are allowing more time for your submittal - you now must submit your 2005 Source Registrations by 5:00 p.m. December 1, 2006. A letter to this effect has been mailed to all such annual filers - copy of the letter can be found on the Source Registration Updates web page.

Those facilities that are subject to the Operating Permit and Compliance Program must still submit their 2005 Source Registrations by 5:00 p.m. October 31, 2006. A reminder letter has been sent to all such facilities - copy of the letter can be found on the Source Registration Updates web page.

IMPORTANT TIPS

Update your Adobe - You will need to update your Adobe reader if you do not have a version newer than 7.0. We have found that older versions are no longer compatible with the improved eDEP software and will cause problems with validation. Also, Adobe releases newer versions to patch problems in the older software. So we recommend upgrading before you start working on your forms.

IMPORTANT - you must uninstall previous versions of Adobe reader before you upgrade to the latest version. Adobe versions 5.x and 6.x frequently fail to completely uninstall themselves - you will recognize this by the fact that directories for Acrobat 5 or Acrobat 6 remain in the Adobe subdirectory on your hard drive where your program files are stored. (For example, C:\Program Files\Adobe\Acrobat 6.0\). We have frequently found it necessary to manually remove these older directories after deinstalling the old reader through Windows Control Panel. Again, note that you will need to completely deinstall the old reader first before installing the new version to avoid conflicts between the 2 versions. If you are not able to load your forms, it is very likely an Adobe reader conflict problem based on our Help Desk experience.

Avoid revalidating your Overview form - It is generally not necessary to revalidate your Overview form (the one at the very top of your Related Forms screen in eDEP). In particular, after our upgrades, revalidating the Overview can in some cases cause problems.

Starting Fresh - If you have already opened and are working on a forms package you do NOT need to open a fresh package to take advantage of the upgraded eDEP performance and features. However, if you opened a package prior to Sept 18 and have not entered any data into the package, we recommend that you open a new package for your facility before you begin entering your data.

Watch your Units - Units for fuel consumption are usually 1000 gallons and million cubic feet instead of gallons and cubic feet. A common mistake is for the user to not adjust their fuel consumption to the units provided by the AP1 form, with the result that emissions are 3 or 6 orders of magnitude too high!! Be sure that your throughput amounts correspond to the units provided by the forms (this applies to all of the AP forms, although most mistakes have been found on the AP1).

GUIDANCE

Clarification for Decommissioning Units - If your facility decommissioned a unit prior to Jan 1, 2005 (and that unit appears on your Overview form) you need to be sure to enter zero for the maximum hourly fuel rate, annual fuel usage, actual emissions, and potential emissions. In particular, note that you should have zero for the potential emissions for such a unit because that unit represented zero potential emissions for the facility during the Reporting Year 2005. Note that failing to enter zero for the maximum firing rate on an AP1 will cause the form to calculate non-zero potential emissions.

This clarification applies to the AP2 and AP3 as well - enter zero for all throughputs and potential emissions if the unit was decommissioned prior to 2005.

Call David Cotter for assistance or questions related to Source Registration at 508-970-0033 ext. 133.

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The RY05 e-FDR is available at the following URL:
www.epa.gov/tri-efdr

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In October 2004, the Massachusetts Department of Environmental Protection (MADEP) proposed changes to the Massachusetts Contingency Plan (MCP).  These changes, referred to as “Wave 2”, became effective on April 3, 2006.  Several key elements are summarized below:

• Changes to the MCP numerical Soil and Groundwater Standards, including Reportable Concentrations, Method 1 Risk Characterization Standards and Upper Concentration Limits.  Some of the more notable changes include standards for several chlorinated solvents.  While in some cases the standards were raised, in many others, where the Groundwater Category GW-2 applies (where there is a potential vapor impact to indoor air), Groundwater Standards were significantly reduced.  CAPACCIO is reviewing all existing sites where response actions are ongoing to determine the impact of these revised standards on continuing activities.

• A reporting exemption for arsenic in soil or groundwater in Worcester County or arsenic and beryllium in the Boston Blue Clay that are consistent with background concentrations.  CAPACCIO is currently reviewing existing sites where arsenic and/or beryllium concentrations triggered response actions with the MADEP to determine the impact of this exemption on continuing activities.

• Additional public involvement requirements have been established concerning notification of property owners with sampling results from their property, owners and/or operators and other persons who may experience health or safety impacts from a site that is being addressed by an Immediate Response Action for an Imminent Hazard or Critical Exposure Pathway, and owners of property within the boundary of a Phase II or Response Action Outcome (RAO).

• A new Remedial Monitoring Report has been established as part of ongoing remedial system operations.  These reports are required monthly where remediation addresses an Imminent Hazard or Condition of Substantial Release Migration and every 6 months in all other cases.

• Two categories of the Class C Response Action Outcome have been established.  A Class C-1 RAO will apply to sites where a condition of No Substantial Hazard exists and response actions to achieve a Permanent Solution are not currently feasible.  Five-year reviews are required for Class C-1 RAOs until a Class A, Class B or Class C-2 RAO is submitted.  The Class C-2 RAO will apply to sites where a condition of No Substantial Hazard exists and response actions to achieve a Permanent Solution are feasible and will be conducted.  All existing Class C RAOs will default to a Class C-1 RAO unless it is reclassified.

The MADEP is still working on further changes to the MCP including regulations pertaining to asbestos and perchlorate, guidelines for preparation of the Data Usability Assessments and Representativeness Evaluations required for submittal of all RAOs and additional changes to the numerical standards.  Most notably, these will be changes to the polyaromatic hydrocarbon compounds and the petroleum hydrocarbon aliphatic and aromatic fractions.

CAPACCIO will continue to monitor progress made by the MADEP regarding further changes to the MCP and the soil and groundwater standards and updates will be provided in subsequent newsletters.

For more information please call Dawn Horter (508) 970-0033 ext. 118 or Email dhorter@capaccio.com.

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For more information, contact Lucy Servidio at Tel. 508-970-0033 ext. 114 or click here to request more information.

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Owners and operators of facilities subject to Toxics Release Inventory (TRI) reporting must identify their principal business activities using North American Industry Classification System (NAICS) codes beginning with reports due July 1, 2007, for releases and other waste management activities for the 2006 calendar year. In the past, principal business activities were reported using Standard Industrial Classification (SIC) codes, so identifying industrial codes is not a new requirement. EPA is not adding or deleting industry groups subject to reporting requirements, but rather is simply identifying the NAICS codes that are subject to TRI. The Office of Management and Budget plans to update the NAICS system every five years. The next update is scheduled for 2007. TRI-covered NAICS codes, if affected by these updates, will be revised accordingly.

Additional information to help facilities convert from SIC to NAICS: http://www.epa.gov/tri/tridata/naics/

For more information or assistance with TRI  reporting, contact Lucy Servidio at Tel. 508-970-0033 ext. 114 or click here to request more information.

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