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Client Alerts
Governor Malloy Shuts Down Connecticut UST Clean-Up Fund
Governor Dannel Malloy took action in early April suspending future Board meetings and preventing further debts to the Connecticut Underground Storage Tank Petroleum Clean-Up Fund (UST Fund). The UST Fund, a state clean-up program, was created in 1989 as a federally mandated alternative for gasoline stations to obtain private insurance to cover pollution liabilities. The program has been plagued by a long approval process and funding problems dating back 10 years or more. Presently, in excess of $18.2 million is owed to the applicants. Another $82 million resides in backlogged applications pending review. The US EPA Region 1 warned the state it would revoke certification of the program if a solution was not crafted before the end of the General Assembly session on May 9.
Possible changes to the fund under consideration include:
- Priority payments to Connecticut small businesses, municipalities, and innocent land owners
- Bonding of $5 million to cover a portion of approved claims
- Negotiations with larger gas station service chains offering pennies on the dollar
- Allocation of $8 million by the legislature’s Environment Committee, with additional relief for larger chains
- Elimination of the Board and allowing the state Department of Energy and Environmental Protection (CT DEEP) to administer the program
- Scrapping the program entirely
If you have questions regarding the UST Fund, please contact Brian Washburn, PE, LEP or Zoe Belcher, LEP of HRP Associates, Inc at (860) 674-9570.
OSHA Announces Local Emphasis Programs. Are You Ready if OSHA Comes Knocking?
OSHA has updated its Local Emphasis Program (LEP) to reflect high-risk hazards in the workplace.
What is an LEP? LEPs are OSHA directives that are designed and implemented at the local and regional levels to reduce or eliminate specific health and safety hazards that pose a particular risk to workers in the OSHA office’s jurisdiction. Therefore, LEPs will vary, depending on the OSHA regional/local office, and may be specific to an industry or a specific hazard (i.e. noise, falls, etc.). The LEPs are often based on injury/illness data and information obtained during OSHA inspections, which may result in an unexpected visit from OSHA if one falls under the targeted industry.
HRP has vast experience helping clients address health and safety standards. If you think you may be subject to any of these LEPs and need help determining whether you are in compliance, or if you have questions on how to prepare your organization, please contact Jeffrey Sotek at 855-866-3934.
Changes Based on Region
The LEPs currently being enforced for Region I (CT, ME, MA, NH, RI, and VT) are:
- Ship building and repairing and boat building and repairing (workplaces under the jurisdiction of the Augusta and Bangor, ME area offices only)
- Health high hazard – Top 100 DART NAICSs (workplaces under the jurisdiction of the Hartford, CT area office only)
- Fall hazards
- Stone slabs and stone products (workplaces under the jurisdiction of the Concord, NH and Springfield, MA area offices only)
- Crane operation in construction
- Residential construction
- Mast climbing work platforms (workplaces under the jurisdiction of the Braintree, MA; Andover, MA; and Springfield, MA area offices only)
- Silica exposure in construction
- Powered industrial trucks
- Underground construction and tunneling operations (workplaces under the jurisdiction of the Braintree, MA area office only)
Some of the LEPs currently being enforced for Region II (NJ, NY, and VT) are:
- Fall hazards in construction
- Logging operations (all workplaces under the jurisdiction of the Syracuse, NY area office only)
- Gut rehabilitation and demolition
- Amputations relating to machine guarding
- Warehousing and refuse handlers and haulers
- Construction worksites – local targeting
- Landscape and horticultural service worksites
- Health high hazard – Top 50 DART NAICSs
- Isocyanate
- Natural gas drilling operations (all workplaces under the jurisdiction of the Syracuse, NY area office only)
- Federal agencies
- Metal recycling industry (all workplaces under the jurisdiction of the Syracuse, NY area office only)
- Scheduling of never-before-inspected high hazard manufacturing establishments (all workplaces under the jurisdiction of the Albany, NY; Avenel, NY; and Syracuse, NY area offices only)
- Crystalline Silica
- Car wash facilities
LEPs currently being enforced for Region IV (AL, FL, GA, KY, MS, NC, SC, and TN) are:
- Inspection of stimulus-funded (American Recovery & Investment Act 2009) construction activities
- Lead
- Silica
- Health hazards in scrap and waste materials recycling operations
- Falls in construction
- Sanitation and cleanup operations in meat packing, poultry, and fish processing industries
- Landscaping and horticultural services
- Electrical hazards
- Noise health hazards (workplaces under the jurisdiction of the Atlanta-West, GA area office only)
- Ship/boat building and repair (workplaces under the jurisdiction of the Columbia, SC; Frankfort, KY; Nashville, TN; and Raleigh, NC area offices only)
- High noise industries (Atlanta-East area office only)
- Reducing formaldehyde exposure in the funeral service and crematories industries (workplaces under the jurisdiction of the Atlanta-West, GA area office only)
- Noise hazards
- Reducing the number of sharps injuries in urgent care centers, medical clinics, and ambulatory surgical centers
- Powered industrial trucks
- Methylene Chloride
The LEPs currently being enforced for Region VI (AR, LA, NM, OK, and TX) are:
- Oil and gas well industries
- Construction
- Marine operations
- Demolition activities
- Logging (all workplaces under the jurisdiction of the Baton Rouge, LA area office only)
- Work zone safety and health
- Cranes used in construction
- Safety and health hazards in the manufacture of fabricated metal products
- High noise industries (including SIC codes 328, 242, 327, 244, and 308)
- Fall hazards in general industry (all SIC codes except SIC 15XX – 17XX/NAICS 236XXX)
- Heat illnesses
- Grain handling facilities
- Methylene Bishenyl Isocyanate (MDI) inspections of spray-on bed lining operations
U.S. Department of Labor Announces $1.2 Million Available for Safety and Health Training!
On April 4, 2012, the U.S. Department of Labor (DOL) announced $1.2 million available for safety and health training in the Susan Harwood Training Grant Program. The grant is available to nonprofit, community, and faith-based organizations; employer associations; labor unions; joint labor/management associations; and colleges and universities.
The grant was established to fund safety and health training for workers and employers for targeted training topics and educational materials development. The training topics vary from year-to-year, but this year’s focus will be on fall protection, grain handling operations, crane safety, workplace violence, hazard communication for chemical exposure, injury and illness prevention programs, and shipyard safety hazards.
Applications must be submitted by 4:00 PM EDT on May 17, 2012. Agencies of state and local governments are not eligible to apply for these grants. However, state and local government-supported institutions of higher education may apply in accordance with 29 Code of Federal Regulations Part 95. For information regarding the Susan Harwood Training Grant Program, please visit: http://www.osha.gov/dte/sharwood/index.html
If you need assistance applying for the grant or developing training programs or EH&S plans, please contact Jeffrey Sotek, PE, CSP, CIH of HRP Associates, Inc. at 1-855-866-3934. Since 1982, HRP has assisted numerous clients in obtaining grants.
HRP is a multidiscipline environmental and engineering consulting firm with three decades of experience providing responsive solutions to private and public sector clients. Our services span the globe, as well as the full spectrum of environmental and civil engineering disciplines. Since 1982, HRP has provided flexible and customized service to over 6,000 industrial, government, and private sector clients in nearly every state and twenty countries.
OSHA Announces Adoption of GHS Hazcomm Standard
On March 21st, OSHA announced it had adopted the new GHS-Hazard Communication Standard www.osha.gov/dsg/hazcom/GHSfinal-rule.pdf, thereby aligning OSHA’s Hazard Communication standard with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS) standards.
In particular, GHS standardizes hazard communication by requiring a consistent format for safety data sheets and the use of pictograms to depict hazards. With the adoption of GHS, facilities are required to integrate GHS into existing safety programs including:
- Hazard classification - There are several new hazards and drastically different definitions for many of the hazard classes in the original standard.
- Labels - Chemical manufacturers and importers are required to utilize labels that include harmonized signal word, pictogram, and hazard statements for each hazard class and category. Standardized precautionary statements must now be provided on each label.
- Safety Data Sheets -Must include 16-section format, with precise requirements for what must be in each section.
- Information and training - Employers are required to train workers by December 1, 2013 on the new labels elements and safety data sheets format to facilitate recognition and understanding.
More and more businesses are engaged globally. As such, chemicals are used on an international level. This can lead to headaches for businesses when different countries have varying symbols for hazard warnings and differences with toxicity definitions and data sheets do not relay consistent information.
Part of the problem is that the OSHA hazard communication (hazcomm) standard that has been used in the U.S. has not been consistent internationally. Adoption of the Globally Harmonized System (GHS) into federal hazard communication requirements will allow U.S. manufacturers, employers and employees to use a hazcomm system that is much more recognizable worldwide.
HRP to Conduct GHS Overview Webinar
HRP Associates, Inc. will conduct a webinar on April 10, 2012 that will provide an overview of the changes to OSHA Hazard Communication Standard and how it is going to affect your business. Anyone with chemicals and MSDSs will ultimately be affected. Federal OSHA is awaiting final authorization from the White House following their 90-day review process. This regulation change will likely be promulgated in March, 2012.
Click here to register for the webinar online.
Don't Miss the Reporting Date! EPA's TSCA 2010/2011 Form U Due by June 30, 2012
EPA’S TOXIC SUBSTANCES CONTROL ACT (TSCA) 2010/2011 CHEMICAL DATA REPORTING (FORM U) IS DUE BY JUNE 30, 2012.
Who does this apply to?
Facilities that manufactured and/or imported a chemical substance on the TSCA Chemical Substance Inventory in quantities of 25,000 lbs or more at any one site in 2011 are subject to TSCA Chemical Data Reporting under the Chemical Data Reporting (CDR) Rule (formerly the Inventory Update Reporting (IUR) Rule).
What do I need to do?
- Identify if you manufacture and/or import any chemicals on the TSCA Inventory (available for download at www.epa.gov).
- Identify if you manufacture and/or import any of these chemicals in quantities of 25,000 lbs or more at any one site.
- Identify if you manufacture and/or import any of these chemicals in quantities of 100,000 lbs or more at any one site.
How do I report?
CDR requires electronic reporting using e-CDRweb, the CDR web-based reporting tool (formerly the e-IURweb), and EPA’s Data Exchange (CDX) system.
How is IUR -- Now Called Chemical Data Reporting (CDR) -- Changing for 2012 Reporting?
- Requires electronic reporting, via the e-CDRweb (formerly e-IURweb);
- Modifies the reporting of manufacturing, processing and use data for most chemicals and makes changes to specific data elements, including the addition to require submission of production volume for calendar year 2010;
- Inorganic chemical substances are no longer exempt from the reporting of processing and use information;
- Requires that manufacturers (including importers) provide a greater amount of substantiation for confidential business information claims; and
- Re-establishes four-year reporting cycle.
While the 2006 IUR submission period for calendar year 2005 data ended on March 23, 2007, those still wishing to report for the 2006 IUR submission period can. However, EPA will only accept a paper copy of the Form U.
The Brownfield Remediation & Revitalization Program: The latest in opportunities for Brownfield redevelopment in CT!
As detailed during CBIA's January 25th presentation of New & Innovative Brownfield Opportunities in Connecticut, the Program is administered by the Connecticut Department of Economic and Community Development (DECD), Office of Brownfield Remediation and Development (ORBD), Certain liability protection may be provided to the following entities who satisfy eligibility criteria outlined in Public Act No. 11-141, Section 17.
- Bona fide prospective purchaser
- Contiguous property owner
- Innocent landowner
Funding is available for many of the components of Brownfield redevelopment:
- Acquisition
- Assessment
- Construction
- Demolition
- Design and planning
- Infrastructure improvements
- Remediation
- Renovation
It was announced during the presentation that the first round of funding in September/October 2011 included eight applications (five were approved, three are pending). The second round of funds has an application deadline of February 3, 2012, with a review and award date of February 17, 2012.
The program offers protection against third party actions under state law for the substances that are investigated and remediated. All investigation and remediation activities that are conducted in the redevelopment process are limited to the property boundaries. There is no obligation for pursuing off-site impacts. Applicants who successfully participate and complete the program will be issued a closure letter or no audit letter by the Commissioner of the Department Energy and Environmental Protection (DEEP).
For questions regarding this program or assistance with the application process, please contact Skip Alleman, LEP of HRP Associates, Inc. at 800-246-9021.
DEEP Changes Methods for Regulating Industrial Wastewater Discharges in CT
DEEP issues the Draft General Permit for Metal Finishing Wastewater Discharges and modifies the Miscellaneous Wastewater General Permit
New Draft Metal Finishing Wastewater General Permit
Wastewater discharges from Metal Finishing & Electroplating facilities that are regulated under an individual SPDES wastewater permit for discharges to the sanitary sewer will be eligible for the new, more efficient, streamlined General Permit.
Benefits to this new General Permit include:
• Reduced application fees and reportedly no annual DEEP fee
• Expedited application processing with limited DEEP involvement due to Qualified P.E. (QPE)
Key provisions to General Permit eligibility include:
- Wastewaters (at the compliance monitoring location) can NOT include miscellaneous wastewaters generated from non-metal finishing operations, such as non-contact cooling waters, air compressor condensate, etc.
- Lower effluent discharge limits for certain pollutants (such as zinc, copper, etc.) particularly for those that are discharged to “challenged” POTW’s (13 POTWs in CT)
- Qualified P.E. (independent of the P.E. preparing the General Permit application form) must provide affirmation that the registrant is meeting the requirements of the General Permit terms and conditions in lieu of DEEP approval
- Electronic DMR reporting
The Draft Miscellaneous Wastewater General Permit will include the addition of ten other General Permits to create one Consolidated General Permit. If you currently operate under any one of the following General Permits, you could soon be operating under one single registration:
Boiler Blowdown, Cooling Water & Heating Water, Food Processing, Hydrostatic Pressure Testing, Miscellaneous Discharges (including multiple discharges), Printing & Publishing, Photographic Processing, Swimming Pool, Tumbling & Cleaning of Parts, Water Treatment Wastewater
Benefits to this new General Permit include:
- Low registration fees and NO annual DEEP fee
- One registration for multiple wastewater discharges per facility
Public comment period open until February 9, 2012
Toxic Substance Control Act (TSCA) 2010/2011 Chemical Data Reporting (Form U) Due February 1 – June 30, 2012
Under the Chemical Data Reporting (CDR) Rule (formerly the Inventory Update Reporting (IUR) Rule), reporting is required under Section 711 of the TSCA. The EPA requires CDR Reporting to collect quality screening-level, exposure-related information on chemical substances, and to make that information available for use by EPA and, to the extent possible, due to data confidentiality claims, to the public.
TSCA Section 711 requires that reports be filed by owners or operators of facilities that manufacture and/or import chemical substances on the TSCA Chemical Substance Inventory in quantities of 25,000 lbs or more at one site.
Reporting requirements vary based upon a facility’s manufacture/importation rate and production volumes. CDR requires electronic reporting using e-CDRweb, the CDR web-based reporting tool (formerly the e-IURweb), and EPA’s Data Exchange (CDX) system. These tools are currently being developed by the EPA.
Reporting is due February 1, 2012 – June 30, 2012 for 2010/2011 data.
How Is IUR (Now Called Chemical Data Reporting (CDR)) Changing for 2012 Reporting?
Changes for 2012 reporting include:
- The requirement of electronic reporting via the e-CDRweb (formerly e-IURweb
- Modifications to the reporting of manufacturing, processing and use data for most chemicals and changes to specific data elements, including the addition to require submission of production volume for calendar year 2010
- The requirement that manufacturers (including importers) provide a greater amount of substantiation for confidential business information claims
- The re-establishment of a four-year reporting cycle
Did You Miss Reporting for the 2006 IUR?
The 2006 IUR submission period, during which manufacturers and importers reported information from calendar year 2005, ended on March 23, 2007. For those still wishing to report for the 2006 IUR submission period, EPA will only accept a paper copy of the Form U.
HRP is a multidiscipline environmental and engineering consulting firm with nearly three decades of experience providing responsive solutions to private and public sector clients. Our services span the globe, as well as the full spectrum of environmental and civil engineering disciplines. Since 1982, HRP has provided flexible and customized service to over 6,000 industrial, government, and private sector clients in nearly every state and twenty countries.
For a complimentary consultation and/or assistance with your CDR, contact HRP Associates, Inc. at 800-246-9021.
Florida DEP’s Plan for Hospital/Medical/Infectious Waste Incinerator Emissions Approved and Promulgated by State
The EPA is approving the Clean Air Act (CAA) section 111(d)/129 state plan (the Plan) submitted on December 21, 2010 by the Florida Department of Environmental Protection (FDEP) for the State of Florida. The plan’s objective is to implement and enforce the Emissions Guidelines (EGs) applicable to existing Hospital/Medical/Infectious Waste Incinerators (HMIWIs). These EGs apply to devices that combust any amount of hospital waste and/or medical/infectious waste.
This direct final rule is effective February 27, 2012 without further notice, unless EPA receives adverse comment by January 26, 2012. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
Within the Plan, FDEP has identified ten (10) affected facilities. The Plan requires that all existing HMIWI units comply with the requirements of the Plan by June 1, 2012, unless the unit complies with the alternate schedule found at 40 CFR 60.39e(c).
To learn more, contact Catherine Eichner of HRP Associates, Inc. at (727) 942-2115.
New York State Industrial Stormwater Permit Update
The New York State Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity (GP-0-06-002) expires on March 27, 2012. The NYSDEC has elected to issue an interim permit for a period of six months from March 28, 2012 to September 30, 2012 in order to devote sufficient time to revise the MSGP so that it balances the need for environmental protection and the burden of the requirements on affected businesses. Coverage for existing facilities will be administratively continued. New facilities, however, will be required to seek coverage under the interim permit. The NYSDEC expects to have the new permit finalized by the fall of 2012.
Discussions with the NYSDEC have indicated that the revised MSGP permit will have several changes, including:
- Lower benchmarks per EPA’s 2008 MSGP
- Strengthening of 303d and Total Maximum Daily Load (TMDL) protections
- Providing clarifications for no exposure and inactive/unstaffed sites and Adverse Climatic Conditions Waiver
- Explanation of Co-located facilities
- Reclassification of industrial groups
For more information, please contact Tom Seguljic, P.E. or Jeffrey Mannion of HRP Associates, Inc. at 888-823-6427.
CT DEEP Workgroup Evaluates Triggers for Entry into Environmental Programs
Did you know there are currently 16 different Environmental Programs within Connecticut that a potentially responsible party could enter into depending on their specific ‘trigger’ or ‘entry point'? The following is a list of each Environmental Program and its respective Connecticut General Statutes (CGS) reference:
• Significant environmental hazard notification (CGS Section 22a-6u)
• State superfund (CGS Section 22a-133e)
• Voluntary remediation program – Remedial Action Plan submittal (CGS Section 22a-133x)
• Voluntary remediation program – filing an Environmental Condition Assessment Form (CGS Section 22a-133y)
• Property Transfer Act (CGS Section 22a-134)
• Pollution or discharge of waste prohibition (CGS Section 22a-427)
• Commissioner’s authority to issue Order to abate pollution (CGS Section 22a-430(d))
• Commissioner’s authority to issue an Order to require a person to correct potential source of pollution (CGS Section
22a-432)
• Commissioner’s authority to issue Orders to a landowner or municipality (CGS Sections 22a-433 and 428,
respectively)
• Commissioner’s authority to respond to and mitigate spills and releases (CGS Section 22a-449(a))
• Underground storage tanks (CGS Section 22a-449(d)-(h), RCSA 22a-449d-106)
• Release reporting (CGS Section 22a-450)
• Release response (CGS Section 22a-451)
• PCB program (CGS Section 22a-463-469a)
• Potable water program (CGS Section 22a-471)
• Resource Conservation and Recovery Act (RCRA) corrective action regulations (RCSA 22a-449(c)-105(h))
As part of the Connecticut Department of Energy and Environmental Protection’s (DEEP) Comprehensive Evaluation and Transformation of Connecticut’s Cleanup Laws initiative, a broad spectrum of members from various disciplines within the environmental community formed a ‘Triggers Workgroup’ to evaluate the current triggers for entry into one of the programs listed above. In A Draft Report to the Connecticut Department of Energy and Environmental Protection on Entry Points and Triggers into the Current Connecticut Cleanup Programs, dated September 29, 2011, the workgroup concluded that “the existing statutes do not include uniform, consistent triggers, or entry points; do not create a level playing field for sites with known releases of regulated compounds to the environment; and create a strained regulatory system potentially clogged with low-risk, low-priority sites, which potentially diverts resources from high-risk sites, while at the same time allowing many high-risk sites to fall through the cracks.”
As a result, the workgroup has developed a vision for a “unified, cohesive and comprehensive environmental statute governing pollution…”, a “…clear and unambiguous set of events and/or conditions that define the circumstances in which a responsible party or agency must take certain, specified actions to comply with the environmental statute.”, and a “…clear, risk-based, unambiguous, and practical process for responsible parties that defines required actions to closure…”
The CT DEEP is currently accepting public comments on the draft report issued by the workgroup and will soon formulate a conceptual proposal for a transformed cleanup program.
HRP is a multidiscipline environmental and engineering consulting firm with nearly three decades of experience providing responsive solutions to private and public sector clients. Our services span the globe, as well as the full spectrum of environmental and civil engineering disciplines. Since 1982, HRP has provided flexible and customized service to over 6,000 industrial, government, and private sector clients in nearly every state and twenty countries.
To stay up to date with any changes to the Connecticut Environmental Programs, to learn more about how HRP can support your environmental, health and safety objectives, or to request a proposal, contact: John Moss of HRP Associates, Inc. at 800-246-9021.
EPA Lifts EPCRA Toxic Release Reporting Requirements
On October 16, 2011, the EPA lifted a 16-year Administrative Stay on EPCRA Toxic Release Reporting (TRI) requirements for Hydrogen Sulfide for industrial facilities. Originally suspended to allow a review of health and environmental effects of the chemical, the EPA has determined that technical studies show Hydrogen Sulfide can “reasonably be anticipated” to cause serious or irreversible chronic human health effects at relatively low doses.
Hydrogen Sulfide, a naturally occurring chemical with a characteristic rotten-egg smell, has many industrial sources including petroleum and natural gas extraction and refining operations, pulp and paper manufacturing, rayon textile production, leather tanning, chemical manufacturing, and waste disposal (including CAFOs).
The lifting of the Stay will apply to TRI reports due July 1, 2013 for reporting year 2012 (January 1 – December 31). The rule has been made available to the public at http://www.regulations.gov/#!documentDetail;D=EPA-HQ-TRI-2009-0844-0103.
Also known as Form R reporting, the annual TRI report applies to a toxic chemical list containing 582 individually listed chemicals and 30 chemical categories (including three delimited categories containing 58 chemicals) and applies to businesses in a variety of industrial SIC codes for any chemicals “manufactured” (including as a by-product) or “processed” in total quantities exceeding 25,000 pounds; or for any chemicals “otherwise used” in quantities exceeding 10,000 pounds in the previous calendar year.
If you expect your business to potentially be covered under this rule change, it is recommended that you develop tracking sheets for the coming reporting year of 2012 for reporting in 2013.
HRP is a multidiscipline environmental and engineering consulting firm with nearly three decades of experience providing responsive solutions to private and public sector clients. Our services span the globe, as well as the full spectrum of environmental and civil engineering disciplines. Since 1982, HRP has provided flexible and customized service to over 6,000 industrial, government, and private sector clients in nearly every state and twenty countries.
To learn more about how HRP can support your environmental, health and safety objectives or to request a proposal, or for assistance determining your applicability to this ruling or TRI reporting requirements, contact Tom Seguljic, P.E., of HRP Associates at 888-823-6427.
Single Reporting Point for Florida Tier II Annual Reports
The Florida Department of Emergency Management (FDEM) previously instituted an electronic reporting system for Annual Tier II Reports. However until now, facilities that used this electronic reporting tool were still required to submit paper copies of their reports to their Local Emergency Planning Committee(s) (LEPC) and fire department(s).
On August 31, 2011, the State Emergency Response Commission (SERC) unanimously approved the processing of a Memorandum of Understanding (MOU) between the SERC, LEPCs and fire departments. The MOU will release Florida facilities that submit their annual hazardous materials inventories (i.e., Tier II data) electronically through www.FloridaHMIS.org from the additional obligation of providing hard copies of the Reports to their LEPC(s) and fire department(s). Please note, however, that the MOU must be accepted by all LEPCs and fire departments in order for it to be the single reporting point to be honored.
HRP is a multidiscipline environmental and engineering consulting firm with nearly three decades of experience providing responsive solutions to private and public sector clients. Our services span the globe, as well as the full spectrum of environmental and civil engineering disciplines. Since 1982, HRP has provided flexible and customized service to over 6,000 industrial, government, and private sector clients in nearly every state and twenty countries.
To get an update on the status of the MOU, to learn more about how HRP can support your environmental, health and safety objectives, or to request a proposal, contact: Catherine Eichner, LEP, of HRP Associates at 727 942-2115, ext. 12.
New EPA Air Emission Statutes Significantly Impact Gasoline Retailers
For many years, regulators have focused emission control efforts on large discharge sources such as factories, refineries, and power plants. However, due to recent trends in litigation, the EPA has begun to expand their emphasis to minor sources of air pollution. In particular, the EPA recently established regulation (40 CFR 63, subpart CCCCCC) known as the National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities that have the potential to impact all gasoline dispensing facilities (GDF). What does it boil down too? More recordkeeping, and for the larger GDF more operating requirements.
What is a Gasoline Dispensing Facility?
Any facility which dispenses gasoline into the fuel tank of a motor vehicle, motor vehicle engine, non-road vehicle, or non-road engine, including a non-road vehicle or non-road engine used solely for competition. These facilities include, but are not limited to; facilities that dispense gasoline into on- and off-road, street, or highway motor vehicles, lawn equipment, boats, test engines, landscaping equipment, generators, pumps, and other gasoline-fueled engines and equipment.
Who Does This Rule Apply To?
This rule applies to existing or new gasoline dispensing facilities (GDF). The affected source includes each gasoline cargo tank during the delivery of product to a GDF and also includes each storage tank. The equipment used for refueling of motor vehicles is not covered by this rule.
What Am I Required To Do?
The requirements vary based on the GDF throughput and may include notification, recordkeeping, additional operating requirements and vapor system checks. For example, some GDF may be required to determine, at the time of installation and every 3 years thereafter, the leak rate and cracking pressure of pressure-vacuum vent valves installed on gasoline storage tanks. Some owners or operators, depending on what vapor balance option is met, must also conduct a static pressure test on gasoline storage tanks. In addition, GDF using the vapor balance option must demonstrate initial compliance by conducting an initial performance test to demonstrate that the vapor balance system achieves 95 percent reduction.
HRP is a multidiscipline environmental and engineering consulting firm with nearly three decades of experience providing responsive solutions to private and public sector clients. Our services span the globe, as well as the full spectrum of environmental and civil engineering disciplines. Since 1982, HRP has provided flexible and customized service to over 6,000 industrial, government, and private sector clients in nearly every state and twenty countries.
To learn more about how HRP can support your environmental, health and safety objectives, or to request a proposal, contact: Tom Seguljic, P.E., of HRP Associates at 888-823-6427.
Texas Updates Form PI-1 for Air Pre-construction Permit and Amendment
The Texas Commission on Environmental Quality (TCEQ) has made amendments to the Form PI-1 General Application for Air Preconstruction Permit and Amendment. This form is the initial evaluation of New Source Review permits in the state of Texas. Please note that new construction and equipment installation requires a permit applicability review prior to the date of installation.
This PI-1 form is used in the following situations:
1. Initial state minor source permits and amendments. A new state permit or amendment to an existing state permit is required before:
a. building a new facility that cannot be authorized under a permit by rule (PBR), standard permit, or other available authorization mechanism identified in Title 30 Texas Administrative Code (TAC) Section 116.110;
b. changing an existing facility, where the changes cannot be authorized under a PBR, standard permit, qualified facility change, or other available authorization mechanism as identified in 30 TAC 116.116;
c. authorizing planned maintenance, startup and shutdown (MSS) emissions and related activities at an existing facility, where the changes cannot be authorized under a PBR, standard permit, or other available authorization mechanism as identified in 30 TAC 116.116; or
d. building a new source or facility that cannot meet the conditions of 30 TAC 116.119 (De Minimis Facilities or Sources).
2. Initial Federal Clean Air Act (FCAA) major source or major source modification permits, for non-attainment, Prevention of Significant Deterioration (PSD), and Section 112(g) reviews for major sources of hazardous air pollutants (HAPs), as applicable. A new major source permit or major modification to an existing major source permit is required before:
a. building a new facility or group of related facilities which result in emissions equal to or greater than major source significant emission rates; or
b. changing an existing facility which result in emissions equal to or greater than significant emission rates; or
c. authorizing planned maintenance, startup and shutdown (MSS) emissions and related activities which result in emissions equal to or greater than significant emission rates; or
3. Change of location/relocation requests.
A change of location is required when facilities that have a state air permit are moving to a new site and the existing permit does not allow for the necessary movement of the facilities. This process of gaining approval and moving permitted facilities and associated sources to a new location requires a best-available control technology analysis, health impacts review, and public notice in accordance with the requirements of 30 TAC Chapter 39. Additionally, requirements for changes of location and relocations of portable facilities can be found in 30 TAC 116.20 and 116.178 and at
http://www.tceq.texas.gov/permitting/air/newsourcereview/portable.html.
To access this revised form and its instructions, please access the following web link:
www.tceq.texas.gov/assets/public/permitting/air/
For addition information or questions, please contact HRP’s Texas Office at (817) 492-7092.
New York State 2012 Water Permit Coverage Regulations
On August 15, 2011, New York Governor Mario Cuomo signed a new law that will further protect New York's waters, including the Great Lakes, by requiring a New York State Department of Environmental Conservation (NYSDEC) permit for entities that withdraw or have the capacity to withdraw 100,000 gallons or more per day of surface water or groundwater. Permit coverage will be required on February 15, 2012, unless you are currently filing water withdrawal reports under “Title 33”.
What does this mean to you?
If you are withdrawing or have the potential to withdraw 100,000 gallons or more per day of surface water or ground water, you should have been submitting a water withdrawal report to the DEC, as required, since February 1, 2010.
What if you currently do or you have the ability to withdraw that quantity, but have not been submitting a water withdrawal report each year to DEC?
You have two choices:
• You can submit for your 2010 withdrawals now, and submit again on February 1, 2012 for your 2011 withdrawals. By doing this, you will effectively be “grandfathered” into the system; or
• You can wait until February 15, 2012 and apply for a new permit. The disadvantage to this approach is that you will need to demonstrate at that time that a system is in place to conserve water, and that there is a system in place to continually improve your water conservation measures.
Entities that are “grandfathered” in will require a permit, but it is based on a sliding scale, dependant on the amount you withdraw per day. The scale requires permit coverage as early as February 2013 and as late as February 2017, depending on daily withdrawal volume.
HRP will gladly assist you with compliance to these new regulations. If you have any questions, please contact Jeff Mannion, Sr. Project Scientist or Thomas Seguljic, P.E. at 888-823-6427.