2014 massachusetts environmental compliance update

Tighe & BondBreakfast Seminar Series

Environmental Compliance Update

October 30, 2014 - FraminghamNovember 6, 2014 – Holyoke, MA

David P. Horowitz, P.E., CSP Jeffrey P. Bibeau, REMAlan D. Stratton, CSPTimothy K. Kucab/Douglas A. Stellato

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Agenda

■ EPCRA Update

■ Storage Tank News

■ NPDES Stormwater Update

■ Industrial Wastewater Update

Acronyms

■ EPA – Environmental Protection Agency

■ EPCRA – Emergency Planning and Community Right To Know Act

■ DEP – Department of Environmental Protection

■ CFR – Code of Federal Regulation

■ SPCC – Spill Prevention, Control and Countermeasure

■ LEPC – Local Emergency Planning Committee

■ EHS – Extremely Hazardous Substance

■ RCRA – Resource Conservation and Recovery Act

■ SARA – Superfund Amendments and Reauthorization Act

■ SERC – State Emergency Planning Commission

■ UST – Underground Storage Tank

■ AST – Aboveground Storage Tank

EPCRA Update

Tighe & Bond Breakfast Seminar Series

EPCRA Regulations Update

■ Tier II

– 10,000 pounds of any chemical

– Small quantities of extremely hazardous substances (355 chemicals)

– Due every March 1st

– Submitted to:

» SERC

» Local Emergency Planning

» Fire Department


■ Tier II Manager System

– Requires registration

– Available January 2015

– ONLY impacts SERC filing

» Not Emergency Planning

» Not Fire Department


■ Please note the following prerequisites to use of the system:

– Browser: Internet Explorer 10 or higher; Firefox 20 or higher; Chrome 26 or higher;

– Components: Adobe Acrobat Reader (free download);

– Settings: Enable Javascript in your Browser (browser setting)

– Turn off the pop-up blocker in your Browser (browser setting).

■ Consultants– Require an ‘authorization email’ – Sent by the facility to

[email protected]– Contain

» Name(s) of the consultant(s)» Name and address of the facility» Facility contact information

– Enter ‘Tier II Manager System Consultant Authorization’ in the email subject line


Questions?

Fire Prevention Regulations Update


Storage Tank Flow Chart

Fire Prevention Regulation Update

■ 502 CMR 5.0– Tanks >10,000 capacity

storing any fluid other than water

– Regulation Changes» Public Comments Oct

15th and Oct 17th at DFS in Stow, MA

» Consistency with national standards

– EPA– West Virginia– New York


■ 502 CMR 5.0– Tanks >10,000 capacity storing any fluid other than water– Annual inspection form– Five options for inspectors


“The tank is: no longer in service; has been altered so that it no longer contains product; fill connections are

removed or capped; is marked “OUT OF SERVICE – DO NOT FILL”; and to the best of my knowledge the out of

service tank, its installation, its related ancillary equipment and secondary containment or dikes, is in a condition

such that they do not pose a safety concern to life, property or environment.”


“To the best of my knowledge, the tank, its installation, its related ancillary equipment and secondary containment or dikes, are all in good

working condition and are compliant with the applicable regulations and standards.”


■ 502 CMR 5.0

– New Multiple-Compartment Content Form

– http://elicense.chs.state.ma.us/DFS_Verification/Search.aspx

Storage Tank Flow Chart


■ MA UST Program transferred in 2009

■ 527 CMR 9.00 310 CMR 80.00

– Not finalized

■ 40 CFR 280 & 281 Proposed Changes

– October 2011

– April 2012 Public Comment ended

– All’s quiet right now


■ Underground Storage Tanks (Massachusetts)– All single wall steel tanks shall be removed by August 7, 2017

– This does not apply to solely consumptive use tanks

– Relining is prohibited

– Delivery prohibition

– Established 3rd Party Inspection program


■ 3rd Party Inspection Program (DEP Program)– Private, state, municipal and federal facilities

– Inspected every 3 years

– Releases FP289

– Provides 3rd Party Inspector Certifications

» Qualifications

» Training

Typical Deficiencies 200+ USTs Inspected

Deficiency

Maintenance

Financial Assurance

Sump Monitoring

Registration

Overfill Prevention

Cathodic Protection

Double Wall Piping Issues

Shear Valve

‘Extra’ Vents

Operator Training (MA)

■ Required by August 8, 2012– Three classes of operator– Roughly 1,700 Operators for 10,000 registered tanks– http://www.mass.gov/dep/toxics/ust/exampass.pdf

■ Antea Group– American Petroleum Institute

■ Owner/Operator Inspections– Monthly– Semi-annual– Annual

Operator Classes (MA)

■ Class A– Site specific training– Pass exam– No recertification – General knowledge

■ Class B– Site specific training– Pass Exam– No recertification – Specific knowledge

■ Class C– Site specific training– Familiar with response requirements

DEP Regulations- FUTURE

■ DEP Stakeholder Meetings

– Ongoing process

– Various interests

– Developing regulations

– All electronic

Questions?

NPDES Stormwater Update

Tighe & BondBreakfast Seminar Series

Stormwater Discharges – What do these states have in common?

Delegated States

■ Most states are delegated to oversee program– 46 are delegated

– States issue permits

■ Four states are not delegated– Massachusetts

– New Hampshire

– Idaho

– New Mexico

– EPA issues permits

New MSGP Just Released

Stormwater

■ 2013 MSGP (Proposed)– Improve permit clarity

– Address errors

– Streamline the permit

– Added NAICS code cross-reference

Stormwater

■ 2013 MSGP (Proposed)– Added specificity for effluent limits

– Superfund Site Protection

– Improved public accessibility

» Post plan

» Provide plan elements in NOI

Stormwater

■ 2013 MSGP (Proposed)– Electronic filing

– Pavement wash water

– Reduced inspections

– Specific deadlines

– Saltwater benchmark

– Airport deicing effluent limits

General

■ Multi-Sector General Permit (MSGP)– Cover groups of businesses that conduct similar operations and/or

discharge similar wastes

– Less complicated

– Less expensive

– Less time-consuming than applying for an individual permit

– Meet all of the requirements

General

■ What Do You Need To Do?– Industrial

» Renew your MSGP Coverage» Update your SWPPP» Don’t forget No Exposure

Industrial Wastewater Update



■ 257 CMR 2.0– Operator Requirements– Plant Grading

■ 314 CMR 7.0– Regulatory Reform

■ 314 CMR 12.00– Operation & Maintenance Manual

Approximately 1,000 Permitted

Plants in Massachusetts


■ Industrial Wastewater-Sewer Connection BWP IW38 or IW39

■ 115 (113) (105) (93) Final Permits Issued

■ 0 (1) (2) (3) Draft Permits Issued

■ 2 (2) (2) (0) Revoked Permits

■ Regulatory Reform Initiative

– Notify John Reinhardt at MADEP

– Website no longer available

■ 257 CMR 2.00 – Certification of Operators of Wastewater Treatment Facilities

– updated December 2013

■ 314 CMR 7.00 – Sewer System Extension and Connection Permit Program

– updated April 2014

■ 314 CMR 12.00 – Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers

– updated April 2014

Massachusetts Industrial Wastewater Regulations Update

257 CMR 2.00

■ Describes Operator Licensing and Requirements

■ Grading of Wastewater Treatment Systems

■ No Significant Changes

■ Sewer Extension and Connection Permitting

– Updated April 25, 2014

■ Significant Changes

– Permitting Structure

– Removed Definitions

– Removed Certain Requirements related to sewer extensions

– Moved Certain Requirements to 314 CMR 12.00 (Industrial User Requirements)

– Removed Sections

314 CMR 7.00

■ Old Permitting Structure - IWPS

– IW38 - Greater than 50,000 gpd to an IPP POTW

– IW39 - Greater than 25,000 gpd to a Non-IPP POTW

– Compliance Certification - Less than 25,000 gpd to a Non-IPP POTW

– Permit by Rule - Less than 50,000 gpd to an IPP POTW

■ New Permitting Structure - IWPS

– BRP WP 91 – Only for Permits Required by DEP

– BRP WP 92 - Greater than 25,000 gpd to a Non-IPP POTW

314 CMR 7.00 (cont.)

■ Industrial User Requirements Moved to 314 CMR 12.00

– General and Specific Prohibition

– Design and Construction Standards for IWPS

– O&M Requirements

– Recordkeeping Requirements

– Decommissioning IWPS

314 CMR 7.00 (cont.)

■ Industrial User Requirements Removed from 314 CMR 7.05

– Grading of IWPS (general classifications)

– Staffing Requirements

– Provisions for Fully automated and batch discharges

■ What does this mean?

– Grading of all IWPS through DEP approval

– All IWPS must be staffed at all times during discharge

– Staffing plans approved by DEP and Board of Certification of Operators

314 CMR 7.00 (cont.)

■ Operation and Maintenance Regulations

– Updated April 25, 2014

■ Affects Industrial and Municipal Facilities

■ Significant Changes

– Sewer System Authorities

– Changes to pump station inspections

– Includes definitions moved from 314 CMR 7.00

– Includes industrial requirements moved from 314 CMR 7.00

– Updates to sewer use rules for FOG

314 CMR 12.00

■ Treatment Works Requirements and IWPS

– O&M submitted to DEP for approval

– Staffing plan submitted to DEP for approval

– Updated every two years

– Contracts submitted to DEP for approval

314 CMR 12.00 (cont.)

■ IWPS Requirements

– General and Specific Prohibition Updated (mercury)

– Design and Construction Standards for IWPS (no changes)

– O&M Requirements (no changes)

– Recordkeeping Requirements

– Document review of IWPS and O&M manual annually

– Notify sewer authority and POTW of discharge of “toxic pollutants”

– Decommissioning IWPS (no changes)

314 CMR 12.00 (cont.)


EXAM RESULTS

http://www.neiwpcc.org/training/mwotexamresults.asp

Wastewater Operator Exam Update

Total Exams

Total Passing

% PassingTotal Failed

% FailingRequired % for Passing Grade

Industrial 1 795 477 60% 318 40% 66%

Industrial 2 1954 1170 60% 784 40% 66%

Industrial 3 424 143 34% 281 66% 65%

Industrial 4 495 157 32% 338 68% 65%

Municipal 1 206 113 55% 93 45% 66%

Municipal 2 906 552 61% 354 39% 66%

Municipal 3 459 304 66% 155 34% 65%

Municipal 4 1204 399 33% 805 67% 65%

Combined 5 703 340 48% 363 52% 65%

Combined 6 761 192 25% 569 75% 70%

TOTALS 7907 3847 49% 4060 51%


■ New England Interstate Water Pollution Control Commission (NEIWPCC)

– Wastewater Treatment Plant Operator Training

– Wastewater Treatment Plant Operator Examinations

– Exams now available online

» AMP Centers (Holyoke, Framingham, Boston – H&R Block Locations)


■ Take Aways

– Check your plant grading

– Align your staff

– Pick the right exam

Questions?

THANK YOU!!!!