December (2015) – NPDES Stormwater Discharge Reporting
What environmental report is due January 10th each year in Michigan?
If you have a National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit, you are required to submit your Storm Water Pollution Prevention Plan (SWPPP) Annual Review Report Form to the Michigan Department of Environmental Quality each year by January 10th.
NOTE: The MDEQ is no longer accepting paper forms. All submittals for NPDES are now completed through the state’s MIWaters system. View a recorded webinar here.
January – SARA
Do you have Superfund Amendment and Reauthorization Act (SARA) Reporting obligations? You might be surprised to see who is required to complete the March 1st report.
Tier II reporting is NOT just for typical “smokestack” industries. Section 312 of SARA specifies that if your facility is required under the OSHA Hazard Communication Standard to prepare or have SDSs (formerly MSDSs) on hand, then you may be required to submit annual emergency and hazardous chemical inventory forms under EPCRA.
In general, facilities with chemicals in quantities that equal or exceed the following thresholds must report:
- Hazardous Chemicals: 10,000 pounds
- Extremely Hazardous Substance: 500 pounds
Read more about EPCRA 311-312.
February – RCRA Biennial
What reporting is required for disposal of hazardous wastes?
The Resource Conservation and Recovery Act (RCRA) Biennial Report must be submitted to the authorized state agency or the EPA Regional Office by March 1st of every even-numbered year. This form includes information about your facility including your EPA ID number, the name and address of your facility, the quantity of hazardous waste you sent to each TSDF, and how you may have “treated” waste during the previous year. See some recent RCRA enforcement trends here.
March – Audit Privilege
If you conduct an Environmental Audit, how can you protect yourself from enforcement if a non-compliance issue is discovered?
Both the Michigan Department of Environmental Quality and the United States Environmental Protection Agency have Environmental Audit Privilege programs that “provide incentives for businesses to perform environmental audits and promptly report and correct violations.” The two programs have different timelines for compliance and requirements that must be met prior to the audit.
If you are considering using one of these Audit Privilege programs, Dragun can help you with the technical aspects of conducting an audit or assessment, but make sure you discuss the compliance audit with your legal counsel.
April – Spill Prevention, Control, and Countermeasure (SPCC) Plan
It may not be the volume of oil you store that necessitates having an SPCC Plan.
You need to calculate the oil-storage capacity (of containers greater than or equal to 55 gallons) to know if you are required to have an SPCC plan. Also, don’t forget to count oil storage in operating and electrical equipment.
We also suggest that anyone handling hazardous substances to closely monitor new regulations that will be forthcoming as a result of a February 16, 2016 Consent Decree. As a result of this ruling, the EPA will require spill plans for those who handle, store, transport, or process hazardous substances.
May – Articles Exemption
What is the “Articles Exemption” under TRI?
The Articles Exemption applies when the items:
- Are formed to a specific shape or design during manufacture,
- Have end-use functions dependent in whole or in part upon its shape or design, and
- Do not release a toxic chemical (greater than 0.5 pounds) under normal circumstances of processing or use of the item at the facility.
If an item meets these three characteristics, the chemicals that make up the item are exempt from reporting under SARA Title III Section 313 (Toxic Release Inventory or TRI). If the metal is modified via heat or a chemical process such as plating, it could have an emission and may not be exempt.
June – Reporting Threshold for PBTs
How low are the Toxics Release Inventory (TRI) reporting thresholds for Persistent Bioaccumulative Toxic (PBT) chemicals?
The reporting thresholds for PBTs are as low as 0.1 grams (dioxin). For more information about PBT reporting thresholds, see the PBT list. Remember, TRI reports are due July 1st each year.
July – Pollution Incident Prevention Plan (PIPP)
Do you need a PIPP?
Michigan’s Part 5 Rules regulate the spillage of oil and polluting materials. Under these rules, facilities that store one or more polluting materials (over 900 chemicals, including salt and oil) are required to prepare and implement a contingency plan called a Pollution Incident Prevention Plan or PIPP. We recommend no less than an annual review of your compliance obligations related to chemical storage and use.
August – Stormwater
If you have an NPDES stormwater discharge permit, you are required to have a Stormwater Pollution Prevention Plan (SWPPP). In Michigan, you MUST have this as well.
Michigan requires that a Certified Stormwater Operator oversee the discharge compliance at the covered facility. In addition, the Certified Stormwater Operator must perform quarterly, comprehensive inspections and visual evaluations of discharge samples. The good news is the process of becoming a certified operator is relatively simple.
September – RCRA
If you are a RCRA Small Quantity Generator, make sure you do not exceed these accumulation times.
The Resource Conservation and Recovery Act (RCRA) has very specific rules about the duration generators can store RCRA wastes. These rules must be followed closely to avoid fines and penalties. A RCRA Small Quantity Generator can accumulate RCRA waste for up to 180 days (or up to 270 days if transporting greater than 200 miles).
October – Risk Management Plans (RMPs)
What is one of the most common (and often overlooked) Risk Management Plan (RMP) regulated substances?
Facilities holding more than a threshold quantity of a regulated substance in a process are required to comply with the EPA’s Risk Management Plan (RMP) regulations. This includes anhydrous ammonia (10,000 pounds), often stored in refrigeration units, which is commonly overlooked.
November – Universal Wastes
What are the onsite storage time limits for Universal Wastes?
If you are either a small quantity or large quantity handler of universal wastes, you can store the waste on site for up to one year. In certain instances, you can store even longer.