The following was provided the the Massachusetts Medical Device Industry Council (MassMedic)

Joined by legislative leaders, medical device, pharma and biotech executives as well as representatives of the medical research community, Mass. Governor Deval Patrick signed the Life Sciences bill into law on June 16, 2008 in Boston.  As enacted, the Life Sciences Initiative targets funds and tax incentives for university-based medical research programs and company development activities throughout the state.

What does the 10-year, $1 billion program mean for the state's medical device sector?

With the help of state tax and public policy experts at Grant Thornton, LLP, MassMEDIC is pleased to forward this summary of the Massachusetts Life Sciences Act, which includes baseline information on a variety of incentives and offerings available to certified life science companies in the state, including medical device companies. As you will note, much the Act's implementation relies on the work of the Mass. Life Sciences Center. It is our hope to have staff members from the Center available for a MassMEDIC members-only briefing on the initiative's offerings this summer or early fall.

For more information, click here for MassMedic's White Paper on the topic.

If you have any questions regarding the Life Sciences Bill, please contact Lucy Servidio at (508) 970-0033 ext. 114.

< Back

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.

< Back

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.

< Back

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

< Back

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

< Back

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.

< Back

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.

< Back

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.

< Back

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.

< Back

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.

< Back

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.

< Back

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.

< Back

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.

< Back

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.

< Back

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

< Back

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.

< Back

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.

< Back

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

< Back

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.

< Back

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

< Back

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.

< Back

< Back

Additional information is available at http://www.epa.gov/oilspill

< Back

The final and proposed rules are available at the following URL:
www.epa.gov/fedrgstr/EPAFR-CONTENTS/2006/September/Day-11/contents.htm

< Back

www.epa.gov/fedrgstr/EPA-WASTE/2006/August/Day-16/f13491.htm

< Back

On Wednesday, August 16, 2006, Governor Mitt Romney announced Massachusetts Department of Environmental Protection (MA DEP) Commissioner Robert W. Golledge Jr. had been named Secretary of the Executive Office of Environmental Affairs (EOEA).  This new appointment comes after the existing EOEA Secretary, Stephen R. Pritchard, had resigned to aid the Governor’s safety review of the Big Dig.

Golledge has been the MA DEP commissioner since 2003.  During his time as commissioner, MA DEP has been a national environmental leader that has achieved many accomplishments, including:

• Becoming the first state to establish a drinking water standard for the chemical perchlorate

• Setting standards to reduce mercury emissions from power plants

• Increasing enforcement against environmental violators

Previous to his appointment as Commissioner, Golledge was with MA DEP for 13 years, serving as Director of the MA-DEP’s Central Regional Office, MA DEP chief of staff, and Director of the Division of Wetlands and Waterways.  During his time at MA DEP, he managed the implementation of the Massachusetts Wetlands Protection Act, the State Clean Water Act and the Chapter 91 Waterways Program.

< Back

On Tuesday, August 29, 2006, Governor Mitt Romney selected Arleen O’Donnell as the new Acting Chief for the Massachusetts Department of Environmental Protection (MA DEP).

O’Donnell started her career at MA DEP in 1989.  Her most recent position was Deputy Commissioner for Policy and Planning.  O’Donnell replaces Robert Golledge, who left his position as Commissioner of the MA DEP when he was named Environmental Affairs Secretary.  For more information on Golledge’s new position, click here.

O’Donnell’s recent role included overseeing policy and regulatory issues, strategic planning, information management and the Office of Research and Standards.  She was also an Assistant Commissioner in charge of the Bureau of Resource Protection, where she handled programs related to water resource regulations, drinking water, and wastewater State Revolving Fund Program.

< Back

The person responsible for filing the TRI report should review all data to check for errors, as this will be the only opportunity to review the data before it is released by the EPA to the general public.  The EPA email will provide instructions on how to log into the FDP.   You will need your TRI Facility Identification Number and SIC code.

A Data Quality Alert (DQA) is included for each chemical to inform the TRI reporter of possible reporting issues.  To avoid erroneous information from being issued to the public, it is important to review the FDP as soon as possible in order to make the necessary corrections.

Please contact Linda Swift at 508-970-0033 x119 or Lucy Servidio at 508-970-0033 x114 with any questions you may have regarding your FDP  or click here to request more information.

< Back

The DEP has extended the filing deadline for all source registration filers based on whether the facility is an annual (major) or tri-annually (minor) filer. For more information or assistance in completing the filings, please contact David Cotter at Tel. 508-970-0033 ext. 33.  The following text is from the DEP website:

Major Air Facilities
MassDEP has announced that it will accept 2005 Source Registrations until October 31, 2006.  The additional time allows for MassDEP to make significant performance upgrades to eDEP.  MassDEP has sent a letter to all sources to whom the deferral applies - if you believe you should have received such a letter but have not, please contact the Source Registration Help Desk at air.quality@state.ma.us.  Please see the letter below for more details. 

Letter to Major Air Facilities: PDF 83 KB

Minor Air Facilities
MassDEP has announced that Source Registration filing is deferred until April 15, 2007 to ease the transition to the new on-line Source Registration forms (see letter below to minor facilities).  Minor facilities may file 2005 data in 2006 if they wish.  MassDEP has sent a letter to all facilities to whom the 2007 deferral applies - if you believe you should have received such a letter but have not, please contact the Source Registration Help Desk at air.quality@state.ma.us.

Letter to Minor Air Facilities: PDF 84 KB

< Back

Additional information about the modifications to the Uniform Hazardous Waste Manifest System, including the final rule, a fact sheet, and an example of the new form, is available at the following URL:
www.epa.gov/epaoswer/hazwaste/gener/manifest/mods.htm

EPA has established a docket for this action under Docket ID No. RCRA-2001-0032. All documents in the docket are listed in the EDOCKET index at http://www.epa.gov/epahome/dockets.htm.

If you have any questions regarding the new Hazardous Waste manifest, please contact Lucy Servidio at (508) 970-0033 ext. 114 or Linda Swift at (508) 970-0033 ext. 119 or click here to request more information.

< Back

Facilities that engage in any of the activities requiring registration must register with the Department of Transportation prior to July 1, 2006 for the 2006-2007 registration year.  Hazardous Materials Registration is required for:

• Highway route controlled quantities of Class 7 (radioactive) material

• More than 25 kilograms (55 pounds) of Division 1.1, 1.2, or 1.3 explosive material

• More than 1 liter (1.06 quarts) per package of materials extremely hazardous by inhalation that meet Hazard Zone A Criteria

• Hazardous Materials (including hazardous waste) in bulk packaging having a capacity equal to or greater than 13,248 liters (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (486 cubic feet) for solids

• Hazardous Materials in other than bulk packaging of 2,268 kilograms (5,000 pounds) gross weight or more of one class of hazardous material (including a hazardous waste) for which placarding of a vehicle, rail car, or freight container is required

• A quantity of a hazardous material (including hazardous waste) that requires placarding of the bulk packaging

The Registration Statement (Form DOT F 5800.2) has been simplified for the 2006-2007 registration year. You must use the form with a revision date of 3/06, after May 1, 2006, to register for any registration period (past, current or future).

Registration changes:

• Annual registration fees for 2006-2007 have increased from $150 to $275 for Small Businesses and from $300 to $1000 for all other registering facilities.

• The form itself has been simplified by only having a single list of states and territories.

• The mailing address has changed.  All forms and payments must now be sent to:
  
  The US Department of Transportation, Hazardous Materials Registration, PO Box 70985, Charlotte, NC 28272-0985.
  DO NOT SEND FORMS OR PAYMENT
  TO WASHINGTON DC!
   

• Facilities may register through the internet, through the mail by sending the completed form (DOT F 5800.2) and appropriate payment to the address given on the printed form or by telephone through the expedited procedures. 

Hazardous Materials Registration Site: http://hazmat.dot.gov/regs/register/register.htm

Hazardous Materials Registration Instruction Brochure with Form:  http://hazmat.dot.gov/pubs/registration/0607/regbrch2006.pdf -

Please call Linda Swift at (508)970-0033 extension 119 with any questions you may have regarding hazardous materials registration.

< Back

April 11, 2006   

Dear TUR Planner:

The Massachusetts Department of Environmental Protection (MassDEP) recently sent a letter to all facilities required to report under the Toxics Use Reduction Act (TURA), reminding facility contacts of the reporting deadline for 2005 TURA reporting, highlighting key reporting instructions, and announcing upcoming training sessions.  Also, because 2006 is a TURA planning year, most facilities must complete Plan Updates and submit Plan Summaries to MassDEP by July 1, 2006.

2005 TURA Reporting and Planning Forms will be available April 19, 2006 via eDEP, MassDEP’s online filing system.  MassDEP has improved online filing of Toxics Use Reports so that facility managers and TUR planners can now create an eDEP account at www.mass.gov/dep/service/compliance/edeponlf.htm and have immediate access to the eDEP system.  If you have already created an eDEP account, you do not need to register again, but you will need to know your eDEP user name and password to access the eDEP system.  As in the past, your facility will need to grant you access to their eDEP account through the eDEP sharing process to electronically sign the facility’s Plan Certification Statement.

The 2005 Toxics Use Reporting Instructions, Online Filing Tips, and additional information about TURA reporting and planning are available on MassDEP’s web site at www.mass.gov/dep/toxics/toxicsus.htm.  Guidance on U.S. Environmental Protection Agency (EPA) Toxics Release Inventory (TRI) reporting, including the Form R, can be found on EPA’s web site at www.epa.gov/tri.  Please note that MassDEP and the U.S. Environmental Protection Agency will hold three joint training sessions on TURA and TRI reporting (see below). 

Facility Toxics Use Reports provide MassDEP and the public with valuable information about toxics use in the Commonwealth.  Information from previous years can be found at www.turi.org/turadata/index.html.  We appreciate your time and attention to this matter.

[2 additional notes:  1) the online system will NOT work for NEW facilities.  'History' is needed to enable it to work, with no history, it will not function;  2) the TIN # and DEP ID# have been provided to all prior (2004) filers.  We expect approx. 50 of these combinations to NOT work immediately.  Please email Walter.Hope@state.ma.us if your facilities TIN or DEP ID# do not work.  Thank you!]

If you have questions or need assistance, please contact the people listed below:

• Walter Hope at (617) 292-5982, for questions on TURA online filing
• Steve White at (617) 574-6888, if you cannot file online and need a paper copy of forms
• Lynn Cain at (617) 292-5711 or Cynthia Chaves at (617) 292-5848, for questions on TURA program and filing requirements

Sincerely,
Barbara Kwetz, Director
Planning and Evaluation Division
Bureau of Waste Prevention

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

< Back

• MA DEP will not be sending out paper copies of the Biennial Report package (instructions & report forms) this year and strongly recommended that facilities submit their Biennial Reports electronically (i.e., on diskette).  MA DEP is directing facilities that are required to submit a Biennial Report to its website http://www.mass.gov/dep/recycle/hazwaste.htm.  This link directs facilities to a web page where the current version of the free software can be downloaded.  There are two versions of software available that can be used to complete forms.  The software will allow you to save the report data to a disk for electronic submission or print a hard copy of the forms for paper submission.  You must use the 2005 version of the software to complete and submit the forms – other versions are not acceptable.
• If you do not wish to submit the Biennial Report electronically, you can go to the EPA website  http://www.epa.gov/epaoswer/hazwaste/data/br05/forms.htm to download the PDF version of the forms and EPA instructions.
• Either way you choose to complete the Biennial Report (electronic or paper), MA DEP is requiring that you also complete a Massachusetts Notification of Hazardous Waste Activity Form and submit it with your Biennial Report package.  The link to this form can be found at  http://www.mass.gov/dep/recycle/approvals/hwactvty.doc.
• In order to facilitate electronic reporting MA DEP has extended the Biennial Report submittal deadline to March 31, 2006!

Capaccio Environmental Engineering, Inc. recommends that you download and review the EPA instructions to facilitate completion of the forms and also download and review the MA DEP instructions for state specific requirements for biennial reporting.  The links for both are listed above.

Click here to read the actual notice sent out by MA DEP. 

Please contact Linda Swift at (508) 970-0033 Ext. 119 with any questions you may have regarding Hazardous Waste Biennial Reporting or click here to request more information.

< Back

The Massachusetts Department of Environmental Protection (MADEP) has finalized its new online source registration (SR) filing system as part of its “eDEP Online Filing” initiative. Unlike in previous years there will be no hardcopy SR forms mailed (i.e., side by side or SSEIS reports). This new system will be mandatory although you can still request a hardcopy of your submittal forms by contacting the MADEP if you cannot complete the process online.

The new system will require that you set up an eDEP account to access your company forms. You will be able to do your own forms online or you can still have a consultant do them for you by sharing access to the forms. Since this is a new system it is recommend that you start the submittal process as soon as possible. The registrations must be submitted no later than April 15, 2006.

Note: The online submittal system will consist of the original AP forms (in PDF format) that were submitted as part of your first and subsequent SR submittals. Copies of these forms will help ease the data entry process.

To setup an eDEP Account: http://www.mass.gov/dep/service/compliance/edeponlf.htm

For more information, contact David Cotter, at Capaccio Environmental Engineering, Inc. at 508-970-0033 ext. 133 or click here to request more information.

< Back

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

< Back

EPA will hold a public meeting on Dec. 20th about the proposed permit. The meeting will be held at EPA headquarters in Washington, DC.

< Back

< Back

On September 21, 2005, the US Environmental Protection Agency (EPA) proposed to allow more facilities to use the shorter reporting form, Form A, instead of the Form R. The proposal is an incentive for those facilities who emit less emissions. It will provide burden reduction to 1/3 of filers, while still requiring them to file information on all of their chemicals. This proposal is the second phase in a three phase plan to reduce the reporting burdens under the Toxics Release Inventory (TRI).

The first phase taken towards reducing the TRI reporting burden went final in July 2005. The EPA revised the Form R, eliminating data that can be obtained from other EPA information systems (e.g., longitude, latitude, EPA ID Number). These revisions will be effective for the July 1, 2006 reporting period.

The next phase that EPA plans is to propose a biennial reporting cycle for TRI Reporting. Program savings during the non-reporting years would be reinvested to: (1) improve the TRI-Made Easy (TRI-ME) software, thereby improving data quality and further reducing burden on reporters, (2) conduct more analysis of the TRI data making it more useful to citizens and communities, and (3) invest in greater electronic reporting including a web-based TRI-ME for all reporters. Electronic reporting to EPA enables us to provide even greater taxpayer savings as processing time diminishes.

To find out more about the what EPA is planning in order to reduce the TRI Reporting burden go to http://www.epa.gov/tri/tridata/modrule/phase2 or call Lucy Servidio at Capaccio Environmental Engineering, Inc at (508) 970-0033. Ext. 114 or click here to request more information.

< Back

Additional information about EPA's TRI Program and this rule can be found at: www.epa.gov/tri.

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

< Back

Dear friends and colleagues:

Today the Massachusetts Department of Environmental Protection (MassDEP) launched a major enhancement to our website at www.mass.gov/dep

This new website is your gateway to information about the important work MassDEP does to ensure clean air and water, the safe management of toxic and hazardous materials, the recycling of solid and hazardous wastes, the timely clean up of hazardous waste sites and spills, and the preservation of wetlands and coastal resources. 

In the spring and summer of 2004, over 100 of your colleagues in the environmental community, regulated industries, consultants, academics and our sister agencies participated in a series of workshops to evaluate the organization, presentation and accessibility of information on our old website.  The changes you will see on our new website are in response to what we heard from you, our stakeholders and partners.  The website is now primarily organized around the media we protect and regulate – air, water, waste – and the functionality of the website is designed to respond to the specific user needs you identified – an improved search function, information presented from a community perspective, a place to conduct business with MassDEP on-line through the Service Center, and the ability to participate directly in our environmental protection work.

I would like to take this opportunity to thank those of you who participated in the evaluation of our website last year, and encourage you to visit the new website and let us know what you think of the changes.  This is a work in progress, and we look forward to hearing more from you about how we can improve the MassDEP website.  Comments should be directed to MassDEP’s Internet Strategy Unit at dep.www@state.ma.us or please fill out our feedback survey at http://www.mass.gov/dep/service/survey.htm

Robert W Golledge, Jr.
Commissioner
Massachusetts Department of Environmental Protection

< Back

Adding TEQ reporting was requested by industry and would use the international standard for characterizing dioxin toxicity. EPA believes these data will provide important context for the public to better understand releases in their communities. Only 1,300 facilities nationwide will be affected by this change in reporting. Three options will be considered that vary in the degree to which reporters, or the Agency, perform the relative toxicity calculations using the established international standards of toxicity. Additional information about the proposed rule and comment period is available at: http://www.epa.gov/tri/tridata/teq/teqmodrule.html.

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

< Back

The United States Environmental Protection Agency (USEPA) has announced the availability of the final National Pollutant Discharge Elimination System (NPDES) Remediation General Permit (RGP) for sites/facilities located in Massachusetts, New Hampshire and Indian Country lands in Massachusetts.  The permit establishes Notice of Intent requirements, influent and effluent sampling requirements and limitations, standards, prohibitions and best management practices.  The RGP was developed to cover a number of discharges, including:

• Groundwater remediation at sites contaminated with gasoline, fuel oils and/or other oils, volatile organic compounds (VOCs), heavy metals or mixed contaminants;

• Construction dewatering at sites contaminated with gasoline, fuel oils and/or other oils, volatile organic compounds (VOCs), heavy metals or mixed contaminants;

• Miscellaneous-Related Discharges including aquifer pumping tests to evaluate formerly contaminated sites, well development/rehabilitation at contaminated or formerly contaminated sites, hydrostatic testing of pipelines and tanks, long-term remediation of contaminated non-residential sumps and dikes and short-term contaminated condensates from dredging (if not covered by 401/404 permit).

The RGP is different from the Multi-Sector General Permit for Storm Water Discharges associated with Industrial Activity (MSGP), the Construction General Permit (CGP) and the Construction Dewatering General Permit in that it specifically pertains to contaminated water versus uncontaminated waters.

The RGP is applicable for all discharges into waters in all geographic areas of Massachusetts and New Hampshire unless otherwise restricted (i.e. Class A waters, Areas of Critical Environmental Concern, specific discharges that are excluded from coverage under the RGP) and must include requirements pertaining to endangered species.  New discharges as well as facilities with on-going discharges pursuant to EPA or State-approved site remediation projects, facilities with expired individual permits that have been administratively continued or any facility operating under an effective individual NPDES permit are eligible for coverage under the RGP. 

If a facility has not previously applied for an individual NPDES permit, a Notice of Intent (NOI) must be submitted to the EPA-New England.  This NOI must be post-marked at least 14 days prior to the commencement of discharge for a proposed new discharge, or within 30 days of the effective date of the RGP for an existing discharge.  If a facility has previously applied for an individual NPDES permit, the applicant may notify EPA in writing than the existing application continues to be accurate and is serving in lieu of a NOI.  However, if significant changes to the discharge operations have been made since submission of the previous permit, a NOI must be submitted.  NOIs must be submitted to the EPA, the appropriate State authority and the municipality in which the proposed discharge would be located.  The NOI will be posted on the EPA website for 7 days.  Fourteen days after the NOI is posted on the website, the EPA-NE will make a determination that coverage under the RGP is appropriate and will notify the applicant in writing.  The permit will be effective as of the date of that notification letter.  Following review of the NOI, the EPA may also determine that an individual NPDES permit is applicable, versus the RGP.

The permit specifies requirements for influent and effluent sampling frequencies (typically on a monthly basis), effluent limitations and water quality related requirements, monitoring, recordkeeping, reporting and development and implementation of a Best Management Practices Plan. 

There are many similarities between the new RGP and the old NPDES permits, which typically consisted of the “NPDES Exclusion Letter” for remediation activities.  In such, there are many variances, special conditions, etc., that must be addressed depending on the specific discharge.  Further information regarding the RGP can be found at http://www.epa.gov/ne/npdes/mass.html or http://www.epa.gov/ne/npdes/newhampshire.html or contact Dawn Horter at extension 18 or Lucy Servidio at extension 114.

< Back

Here’s a heads up for those companies in Massachusetts who are covered under the Storm Water Multi-Sector General Permit (MSGP). The current MSGP will expire on October 30, 2005. Facilities currently covered by the MSGP will remain covered until EPA issues the new permit.   The new permit will detail timelines for submission of a new Notice of Intent.  Some of the expected changes to the permit include a longer waiting period for coverage, 30 days as opposed to 2; some changes in the monitoring, and clarifications on matters relating to water quality.

This may be an opportune time to determine whether your facility qualifies for coverage under a “No Exposure Certification”. If your facility can answer no to eleven questions that relate to storm water exposure to various forms of contamination, you would not have to get coverage under the MSGP. Your company would, however, have to ensure that exposures did not occur,  so that your facility was not determined to be discharging contaminated storm water without a permit. Coverage under a “No Exposure Certification” requires submission of a certification form to the EPA. EPA responds with a “No Exposure Certification” Number. The “No Exposure Certification” is effective for five years. Go to http://cfpub.epa.gov/npdes/stormwater/exposure.cfm for a copy of the “No Exposure Certification” guidelines and form.

For more information on the new MSGP and “No Exposure Certification” contact Lucy Servidio at (508) 970-0033 ext. 114.

< Back

Many companies with Storm Water Pollution Prevention Plans have included periodic cleaning of catch basins as a Best Management Practice (BMP). Cleaning of catch basins prevents short-circuiting of storm water flow and allows the catch basin to settle out the solids so that they don’t end up in surface water.

CAPACCIO has recently received inquiries about whether the catch basin grit has to be tested to determine if it is a hazardous waste. The Massachusetts Department of Environmental Protection (MA DEP) has a policy which addresses this very issue. The bottom line is, if you have no reason to suspect that the grit is contaminated, then you do not have to test it. Click here for a copy of the Management of Catch Basin Cleanings Policy.

For more information contact Lucy Servidio at (508) 970-0033 ext. 114.

< Back

For more information, please see http://epa.gov/tri/tridata/mek/index.htm

For more information contact Lucy Servidio at (508) 970-0033 ext. 114.

< Back

For more information on TUR, as well as obtaining forms and instructions, visit: http://mass.gov/dep/toxics/approvals/turforms.htm

If you have any questions regarding the Toxics Use Reduction reporting process, please contact Lucy Servidio at (508) 970-0033 ext. 114 or Linda Swift at (508) 970-0033 ext. 119.

< Back

As of April 1, 2005, the Call Center will no longer support the RCRA and UST programs and will no longer answer questions on those programs. RCRA program information will be available to the public through the Internet at www.epa.gov/osw, and UST program information will be available at www.epa.gov/oust.

To make it easier for people to find sources of RCRA information, the Office of Solid Waste (OSW) has compiled a complete list of phone numbers and waste program Web sites maintained by EPA Regional offices and state environmental agencies. This compilation is found at www.epa.gov/epaoswer/osw/comments.htm.

The site also provides links to the RCRA OnLine database (a searchable compilation of OSW memos and guidance documents) and to an on-line order form (www.epa.gov/epaoswer/osw/publicat.htm) for OSW publications. OSW publications may also be ordered by calling the National Service Center for Environmental Publications (NSCEP) toll-free at 800-490-9198.

For information about the UST program and leaking UST program, please visit the Office of Underground Storage Tanks?s (OUST) Web site at www.epa.gov/oust. It contains general information about the federal tank program; answers to frequently asked questions; laws, regulations, and policy guidance about the tank program; publications and compliance help for states as well as tank owners and operators; and links to regional, state, local, and tribal tank programs.
OUST publications may also be ordered by calling NSCEP toll-free at 800-490-9198.

For more information contact Lucy Servidio at (508) 970-0033 ext. 114.

< Back

Section 302 (Emergency Planning Notification) of the Emergency Planning and Community Right-to-Know Act (EPCRA) requires that facilities notify the Local Emergency Planning Committee (LEPC) and the State Emergency Response Commission (SERC) if it has present at the facility an Extremely Hazardous Substance(s) (EHSs) in an amount that meets or exceeds the threshold planning quantity (TPQ) for that EHS.   (The EHSs can be found in the "Title III List of Lists".  The EHSs are any of the chemicals listed under the column titled "Section 302.") The purpose for the notification under Section 302 is to alert the LEPC and the SERC to those facilities that have EHSs and, therefore, must be included in the local emergency response plan.

If your facility is required to notify under Section 302, it must also file a notification under Section 303 (Facility Representative Designation). It must provide the SERC and LEPC with the name and telephone number of a contact person (Facility Emergency Coordinator).   The role of the Facility Representative is to provide the LEPC with the necessary data to develop emergency response plans.  This Facility Emergency Coordinator contact information must be kept current. 

Whether reporting for the first time or updating information you must submit a Section 302/303 - Substances and Facility Covered and Notification Form.

If you have any questions regarding EPCRA notification and reporting requirements and how they may apply to your facility, please contact Lucy Servidio at (508) 970-0033 extension 114  or Linda Swift at (508)970-0033 extension 119.

< Back

For more information contact Lucy Servidio at (508) 970-0033 ext. 114.

< Back

The Addendum provides additional clarification on the chemical reporting requirements revised since 1998 (e.g., the Persistent Bioaccumulative Toxic (PBT) Chemicals Final Rule).  The Addendum is intended as guidance and should be used in conjunction with the EPCRA statute and regulations.  It is available at the following link:
http://www.epa.gov/tri/guide_docs/index.htm

For more information contact Lucy Servidio at (508) 970-0033 ext. 114.

< Back

The revised regulations are available on DEP's website at: http://www.mass.gov/dep/toxics/laws/turregs2.doc.

For more information contact Lucy Servidio at (508) 970-0033 ext. 114.

< Back

The final rule was published in the Federal Register on August 11, 2004, at (69 FR 48794) You can access the Federal Register at http://www.gpoaccess.gov/fr/index.html

For further information, please see http://www.epa.gov/oilspill.

For more information contact Lucy Servidio at (508) 970-0033 ext. 114.

< Back

On December 15, 2004 the US Department of Transportation, Research and Special Programs Administration (DOT) promulgated an interim final rule that prohibits the shipment of primary (non-rechargable) lithium batteries as cargo on passenger-carrying aircraft.  The effective date of these amendments is December 29, 2004.

Various incidents and test data have proven that primary lithium batteries that are involved in a fire in a passenger-carrying aircraft could overcome the safety features of the cargo compartment and that primary lithium batteries that are not packaged properly are capable of initiating a fire that could have catastrophic consequences.

Special provisions have been added to the Haz Mat Table to prohibit the transportation of primary lithium batteries and cells as well as equipment containing or packed with large primary lithium batteries (i.e., batteries greater than 25 grams) as cargo on passenger-carrying aircraft.  This interim final rule does not prohibit a passenger from transporting devices (such as laptop computers, cell phones, etc.) containing lithium batteries (in which the lithium content of the anode of each cell, when fully charged is not more than 5 grams and the aggregate lithium content of the anodes of each battery, when fully charged is not more than 25 grams) for personal use in carry-on or checked baggage nor does it restrict a passenger from transporting spare lithium batteries for personal use in carry-on or checked baggage.

Please contact Linda Swift at (508)970-0033 extension 119 or at lswift@capaccio.com with any questions you may have regarding this interim rule.

< Back

If you have questions regarding satellite accumulation or any waste management issue, contact Linda Swift at (508) 970-0033 ext. 119 or Lucy Servidio at ext. 114.

< Back

If you have questions regarding waste generated by remove technologies, contact Linda Swift at (508) 970-0033 ext. 119.

< Back

If you have questions regarding Hazardous Materials Incidents Reports, contact Linda Swift at (508) 970-0033 ext. 119.

< Back

The European Union (EU) Commission on Environment has launched a stakeholder consultation on the possible amendment of the Annex of Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS), which in Article 4(1) requires `that from l July 2006, new electrical and electronic equipment put on the market does not contain lead, mercury, cadmium, hexavalent chromium, PBB or PBDE.'  The Annex to the Directive lists a limited number of applications of lead, mercury, cadmium and hexavalent chromium, which are exempted from the requirements of Article 4(1).

The European Union (EU) Commission has received from Member States and Industry additional requests for applications to be exempted from the requirements of the directive. In preparation of the decision for the consideration of Item 10 of the Annex and the additional requests submitted under Article 5(1) (b), the Commission services have launched an on-line public stakeholder consultation with the publication of a Consultation Document on the following web page: Click Here.

The EU Commission is currently accepting written comments for consideration.  All comments must be received by July 5, 2004 at the latest.  Comments may be submitted electronically (preferably in PDF format) via e-mail to ENV-RoHS@cec.eu.int or via post to: European Commission DG Environment, Unit G4 - Consultation Directive 2002/95/EC, B-1049 Brussels, Belgium.

Additional information is available at http://europa.eu.int/comm/environment/index_en.htm or you may contact us for assistance via Email to info@capaccio.com or via telephone 508-970-0033 or via electronic form submittal at http://www.capaccio.com/RequestInfo.htm

< Back

"Many hospital functions such as laboratories, power plants and vehicle maintenance facilities have the potential to cause environmental violations if not properly managed," said Varney, in the letter mailed earlier this month.  "I strongly encourage you to identify and correct any such violations."

The letter comes as EPA is working with 110 health care facilities in New England through the National Hospitals for a Healthy Environment (H2E) program to reduce the amount of mercury and solid waste generated by these facilities.  EPA also recently awarded two grants worth $134,000 to H2E's Hanover, NH office, including $60,000 for a project to test new ways to reduce pharmaceutical waste in hospitals and to dispose of it more effectively.

For more information on environmental issues at hospitals, visit http://www.epa.gov/ne/healthcare.

Article provided by EPA New England Greenbytes

< Back

For more information, visit http://www.epa.gov/npdes/enoi.

< Back

The electronic notice of intent (NOI) system offers online instructions and help menus to guide applicants through the certification process.  The Environmental Protection Agency (EPA) suggests the online guide helps eliminate extra processing time, and helps applicants avoid common mistakes that could cause long delays.

To review the electronic guidance, visit http://cfpub.epa.gov/npdes/stormwater/authorizationstatus.cfm to see if their project is within the electronic NOI’s geographical scope.  If your facility is unable to file via the electronic method, you should contact your state agency, which may have created its own form of electronic general permitting.

Prior to using the electronic NOI system, be sure You are the certifying official authorized to prepare and submit an NOI for coverage under the Stormwater construction general permit (CGP).  Also, before using the electronic NOI system you must have:

• Read the CGP.
• Developed a Stormwater pollution prevention plan (SWPPP).
• Completed the endangered species certification for the project site.
• Determine whether Stormwater from your site will reach a water body with an established total maximum daily load (TMDL).  If so, are you in compliance with that TMDL?
• Identify the site’s coordinates.
• Be sure all paperwork is in order before you start.
• Be sure your Internet browser is Internet Explorer (Netscape is not compatible).

< Back

Click Here to View the New Rule

Click Here to View a Fact Sheet about the New Rule

< Back

< Back

It's March 2004!  Do you know where your TURA Plan is?  The Massachusetts Toxics Use Reduction Act (TURA) requires Large Quantity Users of Emergency Planning and Community Right-To-Know Act, Section 313 Toxic Chemicals and all CERCLA Hazardous Substances to develop comprehensive TUR Plans by July 1, 2004. Lead, a Persistent Bioaccumulative Toxic (PBT) chemical, is required to be included in a TUR Plan by July 1, 2004. Because the threshold for lead is only 100 lbs., further reduction will be challenging.

For many facilities this may be a recertification year for an existing TUR Plan. This requires a review of the entire TUR plan to ensure that any major changes in process or reportable chemicals are revised. The team must evaluate whether there are any new TUR options available since the last TUR update. The best way to determine whether new options exist is to go through the “brain storming”/option evaluation step. The team is also required to review the goals and objectives included in its last TUR Plan and explain whether those goals and objectives were met, and if not, why they were not achieved. Download the 2004 TUR Plan Update Guidance at http://www.mass.gov/dep/toxics/laws/plupguid.pdf.  

< Back

The new EPA Web site on stewardship programs, launched today, can help business, government and private citizens make intelligent choices on sustainable environmental benefits. Simple everyday decisions by organizations and individuals on such issues as recycling, reuse or choice of fuel support pollution prevention and environmental stewardship.

The Web site will enable users to find EPA partnership programs, such as the Energy Star energy saving program, which best align with their needs and interests. Businesses can search for EPA programs based on their industrial category, environmental issue of interest, and geographic area. One specific Web site, for example, shows businesses how they can help employees reduce the environmental impacts of commuting.

The Web site also provides information links individuals can use to protect the environment in different settings, such as home, work, school and shopping. One Web site shows citizens how they can use pesticides safely.

This tool is the latest in a series of steps EPA has taken to support environmental stewardship. In 2005, EPA Administrator Stephen L. Johnson endorsed a framework for EPA that recognizes environmental stewardship as the next phase in an ongoing evolution of environmental policy – from pollution control to pollution prevention and sustainability.

EPA is now promoting environmental stewardship in a variety of ways. For example, the agency has challenged individuals to become more energy efficient at home through the "Change a Light, Change the World" campaign, and challenged Fortune 500 companies to double their purchases of green power. Examples at the local level include EPA offering communities technical assistance in applying smart growth principles, as well as providing funding to retrofit older diesel school buses with pollution control equipment. At colleges and universities, EPA is sponsoring research to help students develop and design innovative solutions to sustainability challenges in agriculture, water and energy use. EPA's commitment to environmental stewardship is also evident at the agency's facilities: In 2006, EPA's new Potomac Yard office in Arlington, Va., earned a gold rating under the internationally recognized green building standard known as LEED (Leadership in Energy and Environmental Design). 

Environmental Stewardship Web Site: http://www.epa.gov/stewardship

If you have any questions or need assistance with environmental stewardship please call Lucy Servidio at (508) 970-0033 Ext. 114.

< Back