Regulatory Updates and Initiatives
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Transcript of Regulatory Updates and Initiatives
Regulatory Updates and Initiatives
Triumvirate EnvironmentalApril 9, 2009
Today’s Speakers
Sandra J. Perry, Triumvirate Environmental Consulting Services and Treatment Technologies Manager /
Principal ConsultantRick Foote, Triumvirate Environmental
Senior Environmental Compliance Advisor and Industrial Consulting Services Manager, New England
AND FEATURING:William Taylor, Esq., Pierce Atwood
Environmental Attorney – Practice Areas: water law, waste discharge, NPDES, stormwater, etc.
Stephen Perkins, U.S. EPA Deputy Regional Administrator of EPA’s New England Office;
Dir. Office of Ecosystem Protection
Today’s Topics
EPCRA
TURA
Air Greenhouse Gas Initiatives
States – New England MassDEP Mandatory Greenhouse Gas Reporting
Emergency Regulation EPA Greenhouse Gas Initiative
MassDEP Proposed Regulation Amendments MassDEP Proposed Air Permit Streamlining
Today’s Topics
Hazardous Waste Proposed MassDEP Hazardous Waste Regs Proposed Universal Waste – Addition of Pharmaceuticals EPA Proposed Lab Rule NH – Adoption of Nitro Exemption
Oil SPCC – Dec 2008 Amendments Wastewater and Storm Water
MassDEP Sewer Users Mercury Prohibition NPDES Non-Contact Cooling Water General Permit Industrial StormWater
EPA Audit Policy – Interim Approach
Emergency Planning & Community Right-to-Know
Actand
MassDEP Toxics Use Reduction
EPCRA – Chemical Inventory Reporting
Tier I and Tier II Forms Removed from CFR, now on EPA website NAICS code required Chemical or common name on MSDS must be provided
Hazardous Chemical Inventory Reporting for Chemicals in Mixtures
Threshold quantity determination for EHSs must be total quantity of pure form and in mixtures
EPCRA – Toxic Chemical Release Inventory Reporting (TRI)
Effective for July 1, 2009 filing deadline
All reports on persistent, bioaccumulative, and toxic (PBT) chemicals must be submitted on "Form R"
For all other chemicals, Form A may be used if the annual reporting amount is 500 lbs or less and less than 1 million pounds manufactured, processed or otherwise used.
(3,500 additional facilities nationwide are now required to report)
MassachusettsToxic Use Reduction Act – Planning
Amendments
October 2007- voted to add three chemicals as “higher hazard substances”:
Trichloroethylene (TCE) Cadmium Cadmium compounds
301 CMR 41.00 (Toxic or Hazardous Substance List) amended on December 28, 2007
Effective for reporting year 2008
What facilities are affected?
Applicability Criteria TURA-covered SIC or
NAICS codes, Use 1,000 pounds
or more of these higher hazard substances in 2008 or subsequent years, and
Employ at least 10 full-time employees
Must report on use,
Pay a fee, and
Submit reduction plans to MassDEP beginning with reporting year 2008
When are reports, fees, and plans due?
2008 Toxics Use reports due July 1, 2009 MassDEP assesses toxics use fees based on the
reports
Continued use above the reporting threshold requires preparation of a Toxics Use Reduction Plan by July 1, 2010 and every two years thereafter.
Air EmissionsGreenhouse Gas Initiatives
Regional Greenhouse Gas Initiative
The Regional Greenhouse Gas Initiative, Inc. (RGGI, Inc.) – Non-profit corporation CO2 Budget Trading Programs – ten
participating states Market based Fossil fuel electricity generators
Regional Greenhouse Gas Initiative
RGGI, Inc. provides technical and support services for:
Development and maintenance of a data reporting system to track CO2 allowances
Implementation of a platform to auction CO2 allowances Monitoring the market Providing technical assistance for emissions offset projects Providing technical assistance to evaluate proposed
changes to the states' RGGI programs
Climate Registry General Reporting Protocol – emission factors
Ten States Involved with RGGI
Connecticut DelawareMaineMaryland Massachusetts New Hampshire New Jersey New YorkRhode Island Vermont
The first mandatory cap-and-trade program in the United States to reduce global warming gas emissions.
Cap-and-Trade System
Market-based cap and trade Set amount of allowances for CO2 emissions are issued through
auctions 1 allowance= X tons of CO2 emissions
Facilities can buy, sell and trade allowances for current market value
Incentive to abate emissions and sell allowances for $ Companies that can’t afford to abate; purchase more allowances
Gradually the number of allowances being introduced into the market will decrease
RESULT: Emitters are forced to permanently lower emissions
Greenhouse Gases – States
New England States
VT – Proposed CO2 Budget Trading Program (to establish the Vermont component of the RGGINH – Proposed Voluntary Greenhouse Gas Emissions Registry and CO2 Budget Trading, Offset Projects and Allowance Auction Programs CT – Control of Carbon Dioxide Emissions/Carbon Dioxide Budget Trading Program and Emission Offset Projects; Final rules effective July 2008ME – Regional Greenhouse Gas Initiative Act of 2007; Budget Trading Program and Auction Provisions; First in the nation carbon emissions allowance auction (Sept. 2008)RI – Implementation of the Regional Greenhouse Gas Initiative Act; Budget Trading Program and Trading Allowance DistributionMA - Mandatory Greenhouse Gas Reporting Emergency Mandatory Greenhouse Gas Reporting Emergency Regulation – Dec. 2008Regulation – Dec. 2008
MassDEP Mandatory Greenhouse Gas MassDEP Mandatory Greenhouse Gas
Reporting Emergency Regulation – Dec. 2008Reporting Emergency Regulation – Dec. 2008Applicability
Title V Facilities under the Federal Clean Air Act (implemented under 310 CMR 7.00: Appendix C)
Facilities that emit greater than 5,000 tons/year Carbon Dioxide Equivalent (CO2e)
All retail sellers of electricity
electric distribution companies, municipal electric departments, municipal light boards, competitive suppliers
Fuel Usage Reporting Thresholds
The emission factors are based on the Climate Registry's General Reporting Protocol 5,000 short tons of CO2 would be produced by burning:
8.3 million cubic feet of natural gas ( emission factor 0.0546 kg CO2/standard cubic foot)
421,000 gallons of #1, 2 or 4 fuel oil (emission factor 10.15 kg CO2/gallon).
MassDEP Mandatory Greenhouse Gas Reporting Emergency Regulation – Dec. 2008MassDEP Mandatory Greenhouse Gas Reporting Emergency Regulation – Dec. 2008
MassDEP – Implementation MassDEP – Implementation DeadlinesDeadlines
January 1, 2009: Prepare to collect and retain information needed to calculate and document CO2 emissions
April 15, 2009: Register with MassDEP
April 15, 2010: Report 2009 CO2 emissions from the combustion of fuels
April 15, 2011: Report 2010 emissions of all 6 greenhouse gases
CO2 Methane Nitrous oxide Hydroflurocarbons Perfluorocarbons Sulfur hexafluoride
MassDEP Mandatory Greenhouse Gas Reporting Emergency Regulation – Dec. 2008MassDEP Mandatory Greenhouse Gas Reporting Emergency Regulation – Dec. 2008
MassDEP Proposed Revised Rules – March 10, 2009
Revised the definition section Added new items including:
Approved Verification Body Biogenic Greenhouse Gas Emission Emission Source
Applicability – added only 2009 CO2 emissions need to be considered for reporting in 2010Added to the reporting requirements to include Tiering and estimation rules from the Climate Registry’s General Reporting Protocol
MassDEP Mandatory Greenhouse Gas Reporting Emergency Regulation – Dec. 2008MassDEP Mandatory Greenhouse Gas Reporting Emergency Regulation – Dec. 2008
MassDEP Proposed Revised Rules-March 10, 2009
Added the following sections Requirements for Certification, Recordkeeping and Public
Release of Facility Reports Triennial Verification of Facility Reports Voluntary Reporting by Facilities Reporting Requirements for Electricity Providers
Public Hearing to be held on April 30th
MassDEP Mandatory Greenhouse Gas Reporting Emergency Regulation – Dec. 2008MassDEP Mandatory Greenhouse Gas Reporting Emergency Regulation – Dec. 2008
Greenhouse Gases - EPA
Proposed EPA Greenhouse Gas InitiativeReporting threshold is 25,000 metric tons of CO2 per facility per year- Schools/Universities are not exempted- An estimated 13,000 facilities will be required to report- Industries include suppliers of fossil fuel and industrial chemicals, manufacturers of motor vehicles and engines, and large direct emitters of greenhouse gasesFirst report due in 2011 for calendar year 2010, except for vehicle and engine manufacturers which would begin reporting for model year 2011Estimated cost for private sector is $160 million for the first year and $127 million each subsequent year ($13K/facility)April 24, 2009 Deadline for Written Comments
MassDEP Regulation Amendments - VOCs
MassDEP VOC Amendments, Consumer Products, & Solvent Metal Degreasing
March 6, 2009- 310 CMR 7.10 and 7.18(8) emissions of volatile organic compounds (VOCs)
Consumer products manufacturers - DEP will now recognize an Alternative Compliance Plan
allows averaging of VOC emissions among a group of products
Cold Cleaning Degreaser Exemptions
MassDEP Boiler, Engine, Turbine, and ERP Amendments – December 2007
ERP – Environmental Results Program
Applicability An owner/operator who
installs, after March 23, 2006:
an emergency engine with a rated power output > 37 kW, or
an emergency combustion turbine with a rated power output < one MW
Emission limits
Location
Clean fuel
300 hours cap
Non-turnback hour counter
No pre-construction plan approval
Submit certification within 60 days
Allows for quick replacement
EPA Emergency Generators – Fuel Criteria
October 1, 2010 - Stationary Compression Ignition Internal Combustion Engines (CI ICE) sources with a displacement of less than 30 liters/cylinder
must use non-road diesel fuel that meets sulfur content, cetane index, and maximum aromatic content requirements (40 CFR 80.510(b))
MassDEP Proposed Air Permit Streamlining
Regulations
MassDEP Proposed Air Permit Streamlining
MassDEP proposes to amend 310 CMR 7.02 Plan Approval and Emission Limitations including: Simplifies procedures to allow administrative
amendments Increases the threshold for a Non-Major CPA
from five to ten tons per 12-month period Allows consolidation of multiple plan approvals Elaborates on the emission control
requirements for plan approval, specifically BACT
MassDEP – Proposed Revisions to Hazardous
Waste Regulations
Proposed MassDEP Haz Waste Regs – December 2008
6 public hearings held in December 2008; comment period ended 12/19/08
Current status: To be finalized in April 2009
1. Revised definition of oil and used waste oil (310 CMR 30.010)
2. Crime of moral turpitude defined (310 CMR 30.813(3))
3. Manifest definition – correction
Proposed MassDEP Haz Waste Regs – December 2008Adoption of federal exclusion for medicinal nitroglycerine (310 CMR 30.104)
Currently regulated as a listed hazardous waste under 310 CMR 30.136
Partial adoption of 40 CFR 261.3(g)(1) Finished dosage forms, e.g., tablets or capsules, may be
disposed as a non-hazardous waste Emptied dosage bottles and packages will no longer need to be
triple-rinsed to be considered “empty” and also a non-hazardous waste
MassDEP agrees with EPA that finished dosage forms do not exhibit hazardous waste characteristic
Proposed MassDEP Haz Waste Regs – December 2008
Recyclable material shipments (310 CMR 30.010, 30.222(1), 30.222(4)(b) and 30.223(3)
Clarification that shipments sent off the site of generation must go DIRECTLY to the appropriate authorized facility
Shipments and transportation of Class A Regulated Recyclable Materials (RRMs)
Signage requirements for accumulation areas
Removed references to NFPA Code for signage
Proposed MassDEP Haz Waste Regs – December 2008
Clarification off-spec used oil fuel cannot be shipped to a
B(3) facility that is only permitted to accept specification used oil fuel
a marketer may ship to another marketer or to a burner
a generator of specification used oil fuel shipped using a marketer/transporter does not need a Class A permit
U.S. EPA & NH DES Hazardous/Universal Waste
Rule Amendments
EPA Proposed Amendment to the Universal Waste Rule – Addition of Pharmaceuticals
Proposed Dec. 2, 2008
Comment period extended until March 4, 2009
Defines “pharmaceutical”
Waste determination: P-listed U-listed Characteristic
Could affect: Pharmacies Hospitals Physician’s offices Other healthcare
practitioners Outpatient care centers Ambulatory health care
services Residential care facilities Veterinary clinics Reverse distributors
EPA Proposed Amendment to the Universal Waste Rule – Addition of Pharmaceuticals
Exceptions Syringes containing residue of a P- or U- listed drug hazardous
waste only if the residue exhibits a hazardous waste characteristic
Epinephrine salts Medicinal nitroglycerin
Accumulation time limit
Small and large quantity handlers
Storage and labeling
Tracking shipments
Employee training
NH DES – Hazardous Waste Rule Amendments
Env-Hw 401.03 Exemptions (b)(24)Nitroglycerine listed as PO81
Used for medicinal purposes Does not exhibit a hazardous waste characteristic
Effective Jan. 28, 2009
U.S. EPA – “Lab Rule” Adoption
EPA “Lab Rule”
Dec. 1, 2008 – Part 262 Subpart K
Alters and relieves several traditional RCRA standards for labs in “eligible academic entities”
Colleges and universities, teaching hospitals, or non-profit research institutions with formal affiliation agreement with a college or university
Only applicable in laboratory areas
Based on Laboratories XL Project (Boston College, UMV, UMass)
EPA “Lab Rule”
Example provisions Accumulation of unwanted chemicals/chemical waste for
up to 6 months Excludes annual lab clean-outs from hazardous waste
generator status determination Flexible container labeling and accumulation start date
marking standards Delegation of hazardous waste determination
responsibilities form lab personnel to trained individuals
Optional standard - requires written Laboratory Management Plan
EPA “Lab Rule”
State Regulatory Agency
Lab Rule Promulgation Forecast
Likely to Adopt by 2010
Not Likely to Adopt
Haven’t Decided
Northeast Region
Massachusetts Department of Environmental Protection
Maine Department of Environmental Protection √
Vermont Department of Environmental Conservation √
New Hampshire Department of Environmental Services √
Connecticut Department of Environmental Protection √
Rhode Island Department of Environmental Management √
New York Department of Environmental Conservation √
New Jersey Department of Environmental Protection √
Federal Oil SPCC Regulations
Oil SPCC – 2008 Amendments
Amends the facility security requirements
Amends integrity testing for bulk storage containers for greater flexibility
Sector-specific changes for agriculture and oil production facilities
Amends integrity testing requirements for certain types of animal fat or vegetable oil
Oil SPCC – Dec. 2008 Amendments
UPDATE: Effective date extended to JANUARY 14, 2010; comment period ends May 1, 2009Streamlining and additional flexibility
Tier I Qualified Facilities <10,000 gallon AST and largest tank no greater than 5000 gallons may use EPA Plan Template and Self-Certify
Amends the definition of “facility” Amends the facility diagram requirement Defines “loading/unloading rack” Amends the general secondary containment requirement Exempts non-transportation-related tank trucks from sized
secondary containment requirements
Wastewater and Storm Water Updates – State and Federal
NPDES Non-Contact Cooling Water (NCCW) General Permit – MA and NH
Effective July 31, 2008; 5 year termReplaces General Permits expired on April 25, 2005Covers direct dischargers up to 1 MGD (with exceptions)Establishes permit eligibility, NOI requirements, effluent limits, standards, prohibitions and management practicesNOI must be submitted to both EPA and State AgencyIndividual permit may be required
NPDES NCCW General Permit Conditions
Monitoring, weekly Flow Discharge temperature Water body temperature pH
Monitoring, monthly Total Residual Chlorine
(water-quality based limit based on dilution ratio)
Acute Toxicity (LC50 & C-NOEC,%) – at request of agency
Best Technology Available (BAT)
Monitor and management program for impinged fish
NOI must include a facility-specific BTA
Recordkeeping and reporting
Monthly DMRs
MassDEP Sewer User Regulatory Requirements – revised 2007
MassDEP Permits for Industrial Sewer Users (applications were due in Jan. 2008)
Mercury prohibition: 1 ppb (effective May 2009)
Performance standard: pH limits narrowed to 5 – 10 su
Reporting on toxic pollutants forthcoming
Who Does the Mercury Prohibition Rule Apply to?
All industrial wastewater dischargers located outside the Massachusetts Water Resources Authority (MWRA) sewer service area
Including but not Limited to…
Hospitals
Colleges and universities
Medical schools/laboratories
Manufacturing facilities
Airports
Industrial laundries
Commercial physical and biological research
Electric and gas production
Maintenance facilities for motor freight transport
Dry-cleaning, carpet, upholstery cleaning
Automotive services
What are the requirements? 314 CMR 7.05 - Section 2.f
July 12, 2007 – Determine possible sources of mercury in the discharge and take all reasonable steps to eliminate the mercury
May 1, 2009 – No industrial user shall introduce into a POTW or its wastewater collection system the following: More than one part per billion
(ppb) mercury
Reminder…
This is a Massachusetts DEP regulation…you must also comply with local sewer use ordinances and permits issued by the local POTW!
Storm Water – Industrial Activities
MA and NH - EPA NPDES MSGP (Sept. 29, 2008)
CT – General Permit Renewal without modifications; effective April 1, 2009 – expires Sept. 30, 2010. (March 21, 2009; comments due April 21, 2009)
New registration and fee of $300 required
ME – General Permit reissued Oct. 11, 2005
VT – General Permit issued Aug. 18, 2006
RI – MSGP effective May 1, 2006
EPA Multi-Sector General Permit – Stormwater from Industrial Activities (Sept. 2008)
Notice of Intent – additional information required
Monitoring and reporting Benchmark monitoring values updated Benchmark monitoring schedule changes Storm event criteria changes Benchmark exceedence corrective action requirements
EPA Multi-Sector General Permit – Stormwater from Industrial Activities (Sept. 2008)
MSGP Corrective Actions Conditions Requiring Review and Revision to Eliminate
Problem Conditions Requiring Review to Determine if
Modifications are Necessary Deadlines
Water-Quality Based Control Measures
Non-Numeric Technology Based Effluent Limits
Storm Water – Construction Activities
MA – Joint NPDES Construction General Permit
CT – Stormwater Construction General Permit 10/1/08
ME – Maine Construction General Permit; expired 1/20/08 – administrative continuance
NH – EPA NPDES Construction General Permit
VT – Construction General Permit; amended Feb. 2008
RI – General Permit for Construction Activities 9/26/08
EPA Interim Approach to Applying the Audit Policy to
New Owners
Interim Approach - Audit Policy
“New Owner” – prior to the transaction the new owner:
was not responsible for environmental compliance, did not cause violations being disclosed, could not have prevented occurrence,
The violation must have originated with the prior owner, and
Prior to transaction , neither buyer or seller had the largest ownership share of the other entity or a common corporate parent
EPA Audit Policy – Interim Approach (8/1/08)
New owners – incentive to address environmental noncompliance that began prior to acquisitionIncentives include penalty mitigation beyond what the Audit Policy providesNew owners remain eligible for the Interim approach up to nine months after the transaction closing dateUpfront Audit Agreement with EPA or Disclosure within 21 days of discovery or within 45 days of the closing (whichever is shorter)Electronic Self-Disclosure available
Interim Approach – Audit Policy: Which new owners should consider it?
May already be auditing and assessing their new facilities
May have funding available to fix problems
Opportunity to manage and reduce risk by addressing and disclosing noncompliance
Interim Approach – Audit Policy: Which new owners may not be interested?
May still have to pay substantial civil penalties, unless economic benefit portion is insignificant
When many/complex new facilities are involved may be difficult to have a reasonable idea of the extent of noncompliance issues
Concerns about how EPA will treat self-disclosures
Interim Approach – Audit Policy: Nine Criteria
1. Systematic Discovery Condition
2. Voluntary Discovery Condition
3. Prompt Disclosure Condition
4. Discovery and Disclosure Independent of Government of 3rd Party
5. Correction and Remediation Condition
6. Prevent Recurrence
7. No Repeat Violations Condition
8. Other Violations Excluded Condition
9. Cooperation
Interim Approach – Audit Policy: Economic Benefit
No penalties assessed against new owner for the period before the acquisition datePenalties will be assessed for economic benefit associated with avoided operation and maintenance costsPenalties will not be assessed against delayed capital expenditures if violations are corrected in accordance with Audit Policy (within 60 days)EPA reserves the right to assess any economic benefit even when all Audit Policy conditions are met
Other
MA New Vapor Intrusion Guidance (groundwater remediation)
Effective: March 27, 2009 Regulation: Link:
http://www.mass.gov/dep/cleanup/laws/policies.htm#vib
Groundwater Discharge regulations Streamlines existing permitting process and reduces the time
it takes an applicant to obtain a groundwater discharge permit
Effective: March 20, 2009 Regulation: 310 CMR 5.00 Link: http://www.mass.gov/dep/water/laws/regulati.htm#gwp
Questions?
Sandra J. Perry
Consulting Services Manager
617.686.7713
Rick Foote
Senior Environmental Compliance Advisor
617.686.6184