Tier II Hazardous Material Reporting in Wisconsin | When Are Tier 2 Reports Due?

EPCRA 302/311/312 reports (“Tier II Reports”) are due on an annual basis to the State and Local Emergency Planning Committee and local emergency response agencies, such as the fire department. The information provided is used in the evident of an emergency, such as a fire, to evaluate potential chemical and other hazards at the property, and to select appropriate protection equipment and fire fighting techniques. EPCRA reporting facilities disclose the types, quantities and locations of hazardous materials. Facilities also provide with Safety Data Sheets for each material.

There are separate reporting requirement for hazardous materials (any material that requires a Safety Data Sheet under OSHA rules) and Extremely Hazardous Substances (EHS) which are a specific chemicals listed by US EPA. A very common example of one such EHS is sulfuric acid.

When are Tier II reports due in Wisconsin?

The Tier 2 report is due March 1 of each year and is based on chemicals stored at your site during the previous calendar year. Reporting can be completed by using the Wisconsin Hazmat Online Planning and Reporting System.

Caltha LLP provides technical support to facilities in Wisconsin that submit reports under EPCRA 311 and EPCRA 312.

Click here for a summary of some recent changes to EPCRA Tier II reporting requirements

For more information or to request a quote go to:
Caltha LLP EH&S Compliance Support Services

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Environmental Compliance Training, Waste Management Training, SPCC Training

Caltha LLP provides a wide range of training programs to industrial and government sector clients to meet the requirements of State and EPA rules, permits and related spill and emergency preparedness rules. Training can be provided to large or small groups and is provided either in person at your location, or through a live webinar format. For further information and to request a quote, go to Employer's Environmental Health and Safety Training Center.


The training sessions commonly requested include:

• Hazardous waste management training
• SPCC annual training
• Spill response training
• DOT hazardous material (HazMat) triennial recertification and initial training
• Facility compliance training overview (covering a wide range of typical facility environmental compliance topics)
• Internal compliance auditor training
• Industrial and construction site stormwater discharge permit training
• Stormwater monitoring training
• Training for site inspections

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

MPCA Delays Enforcement Action On Handling of Hazardous Aerosols & Cylinders

The Minnesota Pollution Control Agency has extended its compliance deadline for one important change to its policies regarding management of spent aerosol cans and gas cylinders that contain hazardous chemicals. Historically, the MPCA had elected not to take enforcement action against hazardous waste generators who empty aerosol cans and cylinders by releasing pressure into the atmosphere, including those who puncture cans with equipment fitted with carbon or other filtration systems to capture vapors. The agency considers this "abandonment" of hazardous waste, which is prohibited.


The MPCA had planned to change its enforcement policy as of January 1, 2017. which would require generators using such equipment to find an alternate means of handling aerosol cans and cylinders. The agency recently announced that it has extended this change to enforcement policy until January 1, 2018, to allow facilities more time to modify their practices, if needed.


Minnesota is one of only a few States that allows aerosol cans and gas cylinders to be handled as though they were universal wastes, although they are technically not regulated as universal wastes under State and Federal rules. MPCA has established some minimum requirements generators must comply with to take advantage of this policy.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

When Are The New EPA Hazardous Waste Generator Rules Effective?

The final US EPA Hazardous Waste Generators Improvement Rule was published in the Federal Register on November 28, 2016. The effective date for the rule is May 30, 2017.


Click here to review a summary of key new requirements for very small quantity generators (VSQG), small quantity generators (SQG) and large quantity generators (LQG).


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

New Rule On Episodic Hazardous Waste Generation For VSQG & SQG Facilities

One of the persistent issues for hazardous waste generators has been when short term spikes in hazardous waste generation elevate facilities to a higher generator class, resulting the requirement to meet additional generator requirements. The Hazardous Waste Generator Improvements Rule addresses this issue by creating another type of waste generation – episodic hazardous waste generation. Because large quantity generators are not limited by monthly generation, this rule only affects VSQG and SQG generators.

Two types of episodic hazardous waste generation are created – planned and unplanned. Planned episodes, as the name suggests, can be planned ahead of time and include activities such has facility cleanups, obsolete inventory disposal, demolition projects, etc. Unplanned episodes include spills, fires, and other emergency incidents. Under the new rule, hazardous waste generated during these events will not count against monthly waste total and will not change generator status, if conditions are met.

Generators taking advantage of this option will be limited to one event per calendar; with opportunity to petition for one additional unplanned event in the same year.

For planned events the generator must:

• notify agency at least 30 days prior,
• identify start/end dates (60 day max),
• have EPA ID #, and
• ship within 60 days using a hazardous waste manifest.

For an unplanned event the generator must notify agency within 72 hr after incident. For either type of episode, the generator must label wastes “Episodic Hazardous Waste” and identify hazard characteristic (example, corrosive, flammable). Episodic waste totals are not added to monthly facility total; separate records must be kept of episodic wastes.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

EPA Hazardous Waste Generator Improvements Rule - What States Are Affected?

The Hazardous Waste Generator Improvements Rule is now signed and  published in the Federal Register on November 28, 2016. This leaves hazardous waste generators to sort out how this will affect them, and when.


Immediate Affect of the Hazardous Waste Generator Improvements Rule
The Generator Improvements Rule modified the Federal rules under RCRA and therefore has direct affect on hazardous waste generators located in States that have not been delegated RCRA authority (Iowa and Alaska) and some other areas, including Tribal lands. However, many States have incorporated portions of the RCRA rules by reference into their authorized programs – therefore, in these States revisions to Federal RCRA rules can have an immediate affect on State rules. This can significantly increase the population of hazardous waste generators that will be affected by the Hazardous Waste Generator Improvements Rule s ix months after publication in the FR - on May 30, 2017.

For generators located in States that have not incorporated generator requirements by reference, the impact of the rule revision will be uncertain. Rule changes will only become effective when States modify their own hazardous waste generator requires. To add to the uncertainty, States will only be required to modify their rules to incorporate portions of the Hazardous Waste Generator Improvements Rule that are MORE stringent than current rules. Other portions of the new EPA rules that add flexibility, are less stringent, or are incorporate clarifications to the rule would not need to be addressed by States to maintain their authorized programs under RCRA.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

MPCA Rules On Puncturing and Venting Spent Aerosol Cans Changes January 1, 2017

In Minnesota, generators can puncture waste aerosols or gas cylinders that have been shown to be empty or that have been evaluated as non-hazardous, as long as any unavoidable liquid residuals are collected and properly managed.


However, hazardous waste aerosols and gas cylinders may no longer be punctured or vented in Minnesota after January 1, 2017, unless all hazardous waste propellant gases, product gases, and liquids are captured and properly disposed. MPCA does not allow charcoal and activated carbon filters to be used to capture hazardous waste propellants or gases for disposal.


The deliberate release of hazardous waste propellant or compressed gas to the atmosphere has been prohibited by the Minnesota Hazardous Waste Rules for many years, but MPCA chose not to enforce this prohibition. This allowed generators and collection sites to puncture hazardous waste aerosols and dispose of ignitable hazardous waste to the atmosphere. This practice is not allowed after 1/1/2017.


UPDATE: The deadline for this policy change has been revised.




Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

New Rules Allow Handling Aerosol Cans As Universal Waste In Minnesota

A handful of States allow spent aerosol cans to be handled under State Universal Waste rules (email Caltha LLP if you would like to know if your State is included), although this waste stream is not a Federal universal waste under 40 CFR 273. The Minnesota Pollution Control Agency has finalized rules that will allow generators to manage aerosol cans as universal wastes.



Because documenting that an aerosol container or gas cylinder meets “RCRA Empty” standard can be impractical, MPCA allows generators to assume that an aerosol container is empty when both the following conditions are met:
· No liquid is felt or heard when the container is shaken by hand; and
· No gas or liquid is released when the spray/discharge valve is activated and the container rotated through all directions, as long as the valve is not observably or known to be clogged.



Hazardous waste aerosols and gas cylinders that are not empty can be managed under rules equivalent to universal wastes in Minnesota. Generators must accumulate hazardous waste aerosols and gas cylinders in closed containers labeled with one of these phrases:
· Universal Waste Aerosols/Gas Cylinders (whichever is appropriate)
· Waste Aerosols/Gas Cylinders
· Used Aerosols/Gas Cylinders



Accumulated hazardous waste aerosols/gas cylinders can be stored on-site for no more than one year and must be dated to verify how long they have been stored. Generators can ship hazardous waste aerosols/gas cylinders without a hazardous waste manifest to any site that has agreed to accept and properly manage them.





Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

DOT Certification Training - Initial and Triennial Training For Minnesota HazMat Employees

Caltha LLP offers training services to HazMat Employers who need to have initial or reoccurring triennial training for their designated HaMat employees. Training is tailored for each facility and is based on specific DOT hazardous materials actually shipped or handled. Training is provided at your location or can be provide "live" through a webinar format. Caltha provides training exams and issues training certifications. For further information or to request a quote, go to Caltha's "Employer's Environmental Health and Safety Training Center".



In addition to training services, Caltha offers a wide range of compliance support services to operations that periodically ship and/or handle DOT regulated HazMat, including RCRA hazardous waste:

• HazMat inventory
• TSCA compliance support for international shipments subject to TSCA regulations
• DOT HazMat Compliance audits

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

Safety Training In Minnesota - OSHA Compliance Training

Caltha LLP provides a range of OSHA required training programs for OSHA regulated operations located in Minnesota. This includes:

• OSHA safety awareness training
• Hazard communication training / HazCom training
• GHS training
• Incidental spill response training
• PPE training
• Lock out tag out LOTO training

Training is tailored for each facility and can be provided in-person or through "live" webinar sessions. To request more information, including cost information, go to Caltha's Environmental, Health and Safety Training Center.


Caltha LLP also provides:

• Safety program auditing
• OSHA compliance audits
• PPE assessments
• Safety program development
• Written plans
• Employee exposure assessment

 Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

Changes Proposed To Regulation of Agrichemical Facilities In Missouri

The Missouri Department of Natural Resources is proposing an amendment to storage containment requirements for pesticides and fertilizers under 10 CSR 20-8.500 – Agrichemical. The purpose of this rule is to remove the requirement that agrichemical facilities without earthen basins obtain construction permits. Agrichemical facilities are sites where bulk agrichemicals are stored in non-mobile containers or dedicated containers and are being mixed, applied, repackaged or transferred between containers. Agrichemicals include any pesticides or fertilizers but do not include anhydrous ammonia fertilizer. Although a construction permit will no longer be required for Agrichemical facilities, they must continue to be constructed according to the design criteria detailed in rule.



Any new agrichemical facility after the effective date of this rule will need to be in compliance with all of these rules before the commencement of any operational activities or any storage or use of agrichemicals. All existing agrichemical facilities will need to be in compliance with the rule as follows:

• secondary and operational area containment for pesticides— five (5) years from the date the rule is adopted; and
• secondary and operational area containment for fertilizers—five (5) years from the date the rule is adopted.

Storage of bulk liquid fertilizer in a mobile container for more than thirty days is prohibited unless the mobile storage container is located within a secondary containment or operational containment area. All new operations will need to be designed for no discharge.



Any existing agrichemical facility that has a discharge of agrichemicals or process generated wastewater to the environment will be required to take immediate steps to implement the secondary and operational containment requirements contained in this rule in addition to any other remedy required. All agrichemical facilities will need to apply for an operating permit.




Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

New York City Clean Act Controls Industial Laundries Within the City

The Clean Act was passed by the New York City Council in June 2016. Pending the Mayor’s signature industrial launders doing business in New York City will have 180 days in which to submit the license application.



The Clean Act adds licensing requirements for linen and uniform supply launderers serving New York City. Each licensee will be required to attach a label or tag to all handcarts and pushcarts that displays the licensee’s name, address and license number. In addition, all bills, tickets, cards, advertising or stationery issued or distributed by any licensee shall contain such licensee’s name, address and license number. In addition, each vehicle used for retail or industrial laundry delivery shall display the licensee’s name, business address and business telephone number and the license number assigned.

The Clean Act also includes minimum standards of cleanliness and hygiene to be observed by each permitee.



Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

NY DEC Emergency Rule Making Restricting Use Of Perfluorooctane Related Chemcials

The New York State Department of Environmental Conservation (DEC) filed a Notice of Emergency Adoption and Proposed Rule Making to classify perfluorooctanoic acid (PFOA-acid), ammonium perfluorooctanoate (PFOA-salt), perfluorooctane sulfonic acid (PFOS-acid), and perfluorooctane sulfonate (PFOS-salt) as hazardous substances at the request of the New York State Department of Health (NYSDOH).


This rule making also provides time for facilities storing fire-fighting foam containing one or more of these newly listed hazardous substances to properly dispose of it and provides time for firefighting operations to find replacement foams. This proposal also corrects the tables of hazardous substances by providing units for reportable quantities.



The temporary emergency rule was effective on April 25, 2016, while the state finalizes the proposed amendments to 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting. DEC has concluded that these substances meet the definition of a hazardous substance based upon the conclusion of NYSDOH that the combined weight of evidence from human and experimental animal studies indicates that prolonged exposure to significantly elevated levels of these compounds can affect health and, consequently, pose a threat to public health in New York State when improperly treated, stored, transported, disposed of or otherwise managed. NYSDOH scientists have concluded that it is essential to list these chemicals as hazardous substances.



Once substances are determined to be hazardous substances, DEC regulates their handling and storage and has authority to remediate sites contaminated with them. The Chemical Bulk Storage regulations (6 NYCRR 596-599) provide standards for the proper handling and storage of bulk quantities of hazardous substances to prevent spills and releases to the environment, prohibit the release of hazardous substances to the environment, and require the reporting of certain releases of hazardous substances to DEC. Certain facilities that store hazardous substances must apply to DEC for a registration certificate to operate.



A new provision, paragraph 597.4(a)(3), will allow entities with fire-fighting foam the time necessary to determine if stored foam contains one or more of these hazardous substances. If the stored foam contains one of these substances, the facility would not be allowed to use the foam for fire-fighting after April 25, 2017. It may be used for fire-fighting until then but not for any other purpose such as training. Foam that is prohibited for use after April 25, 2017 should be safely disposed in accordance with federal, state, and local requirements. Replacement foam may not contain a hazardous substance at a concentration that would result in the release of more than the reportable quantity (one pound) when used as a fire-fighting foam.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

Georgia EPD Proposed Change To Excess Emission Rule

The Environmental Protection Division (EPD) of the Georgia Department of Natural Resources has proposed amendments to Georgia’s Rules for Air Quality Control, Chapter 391-3-1.



EPD is proposing changes to Rule 391-3-1-.02(2)(a)7; “Excess Emissions,” is being renamed “Startup, Shutdown, and Malfunction Emissions”; this section describes requirements for minimizing excess emissions during periods of Startup, Shutdown and Malfunction (SSM) for certain Georgia Rules and retains the language of the former Excess Emission Rule. The section is amended to comply with EPA’s Startup, Shutdown and Malfunction (SSM) SIP Call, while addressing process equipment and air pollution control equipment limitations by including the option of complying with alternative work practice standards during periods of startup and shutdown.



A section “Malfunction Emissions,” is being added to allow compliance with source-specific alternative work practice standards during periods of malfunctions.



Rules changes will be submitted as a SIP revision to EPA.




Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

Chemical Data Reporting For Chemical Importers Under TSCA Due By September 30, 2016

Reporting under the TSCA Chemical Data Reporting (CDR) rule is due by September 30, 2016. Chemical importers are regulated like chemical manufacturers under the TSCA Chemical Data Reporting Rule. Every four years, importers of chemicals are required to submit Form U disclosing chemical import quantities for chemical substances. The current reporting period is July 1 through September 30, 2016, covering calendar years 2012-2015.


Caltha LLP provides specialized expertise to importers to keep them in compliance with the various regulations that apply. Click here for more information on State and EPA regulations that apply to importers of chemical substances

Initial Liquid Special Waste Report Due To Cook County

The first Liquid Special Waste Report under the new Cook County Liquid Hazardous Waste Ordinance is due September 1, 2016 which covers the first half of calendar year 2016.


The Cook County Liquid Hazardous Waste Ordinance requires facilities in suburban Cook County to report their annual liquid hazardous waste generation and submit the corresponding fee to the Cook County Department of Environmental Control. 


Facilities will need to report:
(1)  For waste generated from January 1 – June 30, 2016, the computation form and fee is due September 1, 2016.
(2)  For waste generated from July 1 – December 31, 2016, the computation form and fee is due March 1, 2017.
(3)  For waste generated each year after 2016, the reporting period is January – December and the computation form and fee is due 90 days following the end of the reporting period (March 1).


Click here for more information on the Cook County Liquid Special Waste Reporting rule


Contact Caltha for technical assistance in determine if any wastes being generated are classified as “special wastes” under Illinois rules and if any reports are needed. Caltha can also provide assistance in preparation an submittal of Special Waste reports to Cook County

New Iowa Air Permitting Option - Collection of Air Permits (CAP)

The Iowa DNR is proposing to create a new air quality construction permit option called a Collection of Air Permits (CAP). Current construction permit practice is to issue one permit per emission point. The new CAP permit option will still assign a permit number to each emission point but will consolidate requirements in one permit document.


Several changes have been proposed to the CAP based on comments received during the first CAP comment period in January 2016. Additionally, the CAP was modified to be consistent with the recently updated standard permit format.


For more information on the Iowa CAP air permit program, click here.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

MPCA Low-Emitting Facility (LEF) General Permit and Enforcement Amnesty

The Part 70 Low-Emitting Facility (LEF) General Permit is primarily intended for businesses with high potential emissions and low actual emissions that began operating without an air permit. Although any business meeting eligibility requirement can apply, businesses that are likely to apply include autobody shops, metal fabrication facilities, cabinet shops, other businesses that coat or paint, and facilities that have engines, boilers or tanks on site. Targeted facilities may have constructed a major source under the New Source Review (NSR) program and/or constructed and operated a major source of hazardous air pollutants.


Click here for a Summary of the new MPCA Low-Emitting Facility (LEF) General Permit and Enforcement Amnesty




Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website