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Spring 2006-01Puerto Rico environmental compliance dates report: 2006

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Number 63
Spring 2006

Puerto Rico environmental compliance dates report: 2006

As a service to the regulated community, Goldman Antonetti & Cordova is pleased to provide a select summary of Federal and Puerto Rico environmental compliance and reporting deadlines that, as of February 2006, may affect your facility or activity in the year ahead. The list serves as an annual reminder of upcoming regulatory requirements which may affect certain activities in Puerto Rico.

Federal authorities

Federal National Pollutant Discharge Elimination System ("NPDES") Storm Water Monitoring Reports:

Facilities covered by the expired 2000 Multi-Sector General Permit ("MSGP") will be required to submit a Notice of Intent ("NOI") to the U.S. Environmental Protection Agency ("EPA") to obtain coverage under the new permit. The compliance date will be set at the time of reissuance of the new EPA permit. These facilities are still subject to continued quarterly usual monitoring in 2006 through an administrative continuance of the expired 2000 MSGP permit until EPA issues the new permit. Storm Water Pollution Prevention Plan ("SWPPP") annual training obligations may also apply.

"No Exposure Certifications" obtained under the NPDES regulations in 2001, will expire in 2006. Facilities should determine whether the five-year certification still applies and renew, if applicable.

Federal Superfund Amendments and Reauthorization Act ("SARA") 312 Tier II Reports:

Facilities with a Material Safety Data Sheet ("MSDS") for a hazardous chemical pursuant to OSHA's Hazard Communication Standard, must submit a report of MSDS hazardous chemicals present at the facility during the preceding calendar year by March 1, 2006, if any MSDS hazardous chemical is present for any amount of time at the facility during the reporting year above minimum threshold levels. The minimum threshold level for most MSDS hazardous chemicals is 10,000 lbs. However, for any chemical on the Emergency Planning and

Community Right-to-Know Act ("EPCRA") list of extremely hazardous substances ("EHS") the threshold level is 500 lbs., or the threshold planning quantity ("TPQ") listed for that EHS, whichever is less.

Federal SARA 313 Form R Reports:

Facilities having ten or more full-time employees, classified under Standard Industrial Classi­fication ("SIC") Codes 20 through 39, and which manufacture, process, or otherwise use a toxic chemical in excess of a prescribed threshold quantity, must file a Toxic Release Inventory Form ("Form R") by July 1, 2006, for calendar year 2005. For facilities that manu­facture, import or process toxic chemicals, the threshold amount is 25,000 lbs./year. For facilities that "otherwise use" the listed toxic chemical, the threshold amount is 10,000 lbs./year. The deadline for submitting revisions to the calendar year 2005 filing is July 31, 2006.

Federal Occupational Safety and Health Act ("OSHA") Record­keeping: OSHA's Injury and Illness Recordkeeping Rule requires posting of the OSHA 300 Summary Log for calendar year 2005 from February 1 through April 30, 2006.

Federal Hazardous Waste Biennial Report:

Large quantity generators ("LQG") of hazardous waste and treatment, storage and disposal ("TSD") facilities have until March 1, 2006 to file with EPA a 2005 Hazardous Waste Report on the facility's generation and management of hazardous waste during calendar year 2005. LQGs are also subject to annual hazardous waste management training requirements.

Federal Spill Prevention Control and Countermeasures ("SPCC") Rule:

Onshore and offshore facilities in operation on or before August 16, 2002, must maintain current SPCC Plans and amend them (if needed to assure compliance) on or before February 17, 2006. Updated SPCC Plans must be implemented as soon as possible, but no later than August 18, 2006. Annual training may also be required. EPA recently proposed to combine and extend these deadlines to October 31, 2007. Be on the lookout for future SPCC compliance deadline updates.

Federal Department of Transportation ("DOT") Registration Requirements:

Shippers of certain categories and quantities of hazardous materials, including hazardous waste, must register with the U.S. DOT and pay an annual fee by July 1 of each year. Hazardous material shippers must train their hazmat employees every three years (depending on when initial training occurred), and include a security awareness component as part of the first scheduled recurrent training offered after March 25, 2003, but not later than March 24, 2006.

Federal Army Corps of Engineers ("COE") Nationwide Permits ("NWP"):

All issued, reissued and modified NWPs, and General Conditions contained within the Federal Register notice of January 15, 2002, became effective on March 18, 2002, and expire on March 19, 2007.

Federal Uniform Hazardous Waste Manifest: A new, six-part Uniform Hazardous Waste Manifest was established in 2005. As of September 2006, the standardized Uniform Hazardous Waste Manifest will be the only manifest acceptable for each hazardous waste handler and state to use. All states, including Puerto Rico, must obtain preprinted manifests from EPA-registered printers/distributors that include a unique tracking number. All hazardous waste handlers and states should only use the old manifests until September 2006.

Local authorities

Puerto Rico Air Emission Source Permits: Title V major sources must renew their operating permits every five years, and every two to five years for non-major (i.e. synthetic minor) sources, upon Environmental Quality Board ("EQB") permit issuance. Permit type depends on the size and nature of the operation. Installation of new equipment or modification to existing equipment which results in the emission of regulated air pollutants should be evaluated to determine whether new or additional permitting requirements are triggered. As of December 2005, the following five source categories are newly exempted from the Title V permit program: dry-cleaners, halogenated solvent degreasers, chrome electroplaters, ethylene oxide sterilizers, and secondary aluminum smelters.

Puerto Rico Major Source Annual Compliance Certifications and Air Emission Calculations:

Title V major sources must submit to the EQB an annual Compliance Certification on the source's compliance status with applicable requirements during the preceding year. This requirement covers major sources having filed Title V permit applications with the agency regardless of permit issuance. Absent a specific regulatory due date for filing of this certification, we suggest filing the Compliance Certification along with the Air Emission Calculations Certification at EQB on or before March 31 of each year.

Puerto Rico Air Permit Fees:

Regulated companies holding air per­mits are assessed an annual fee to cover the reasonable direct and indirect costs associated with the development and administration of EQB's permit program. The amount is adjusted annually according to the Consumer Price Index. For calendar year 2005, the fee is $37.00 per ton of emissions for major sources under the Title V program. Payment of the annual fee is based on a facility's air emission calculations submitted annually on or before March 31 of the preceding natural year. Annual fees are due at EQB on or before June 30, 2006.

Puerto Rico Hazardous Waste Transporter Permit:

Hazardous waste transporters must obtain both an EQB permit and an EPA identification number. The requirement also applies to generators who transport their own hazardous waste to off-site facilities. EQB has informally adopted a one year expiration period for the permit. Permit expiration depends on the date of issuance of each transporter permit. Transporters may be subject to other state licensing requirements such as those of the Public Service Commission ("LLC") and the Department of Transportation and Public Works ("DTPW").

Puerto Rico Hazardous Waste TSD Facility Permit and Renewals:

The operation of TSD facilities is subject to an EQB permit. Permit applications must be submitted at least 60 days prior to startup and, once issued, permits are valid for a period of five to ten years. Permit renewal applications must be filed at least 60 days prior to the expiration date of the permit.

Puerto Rico Non-Hazardous Waste Operations Permit and Renewals:

The operation of a solid waste handling facility is subject to EQB permit requirements. Operation permits are issued for periods of five to ten years. Permit renewal applications must be filed at least 60 days prior to the permit expiration date.

Puerto Rico Non-Hazardous Waste Transporter Permit and Renewals:

Non-hazardous waste transporter permits are issued for a period of three years. Permit renewals have to be submitted at least 60 days prior to the date of expiration of the permit. Transporters are subject to other state licensing requirements, such as those of the LLC and the DTPW.

Puerto Rico Non-Hazardous Waste Generator Permit:

Facilities carrying out certain non-routine activities that generate non-hazardous solid waste in quantities greater than or equal to 15 cubic yards per week, or that involve the removal of lead or asbestos, must apply for an EQB permit. The permit is effective for a maximum of two years, upon which a renewal application must be submitted.

Puerto Rico Major Installation Biennial Evaluation:

Pollutant gen­erating facilities having ten or more employees are considered major installations by the Solid Waste Authority ("SWA") subject to a Biennial Evaluation requirement. Major installations had until December 31, 2005, to prepare and submit a written review of pollutant generating activities for the previous two years, including sources of contaminants, pollution prevention techniques, and pollutant elimination or reduction goals. Facilities subject to Form R reporting requirements for calendar year 2005 must also prepare and submit a SWA Biennial Evaluation.

Puerto Rico Private Sector Recycling Plan and Reports:

Private sector entities having 11 or more employees must prepare and submit to the SWA a fully operational, environmentally sound, and economically viable Recycling Plan describing steps taken by the private sector entity to attain the ambitious SWA solid waste reduction, reuse and recycling goals and objectives. Plans must be revised 18 months from original SWA approval. Private sector en­tities must also prepare and submit a quarterly report to the SWA, and a copy presented to the corresponding municipality, on the status of plan implementation, development and progress. Quarterly reports are due on or before the final work day of the first month of the following quarter.

Alternatively, private sector entities having 15 employees or less may submit semi-annual reports on or before June 30 and December 31 of each year, upon certification of compliance with the requirements of the SWA reporting rule.

Puerto Rico Pollution Prevention Plan:

Owners and operators of public or private pollutant generating installations, except those cov­ered under existing EQB regulations, must prepare and adopt a written policy committing to the implementation of technical and economically viable measures to prevent pollution. These measures must be consistent with the SWA's Inspection Report (for minor in­stallations) or the Assessment/Audit (for major installations). Major installations must identify the sources of contamination and describe those measures taken to prevent such pollution. Minor installations must implement the SWA's recommendations in their written plan. The above Chapter 7 (Assessment/Audit) and 8 (Minor Installation Inspection) requirements are being held in abeyance by the SWA until at least October 2006. Chapter 6 (Housekeeping and Maintenance Plan) requirements, however, remain in effect.

Puerto Rico Ground Water Monitoring System Reporting:

A solid waste facility or sanitary landfill with an approved groundwater monitoring system, pursuant to a Groundwater Monitoring Imple­mentation Plan and a Sampling and Analysis Plan, must sample and analyze groundwater for those constituents identified in Appendix II of the Non-Hazardous Solid Waste Regulations within 90 days of startup, and annually thereafter. Within 14 days of the analysis, notice must be provided to EQB of detected constituents.

Puerto Rico Sewer Discharge Authorization, Permit and Renewals:

The local pretreatment program is implemented by the Puerto Rico Aqueduct and Sewer Authority ("PRASA") through Discharge Authorization and Discharge Permit requirements. Non-significant users must apply for a PRASA Discharge Authorization. New non-significant users must submit an authorization request 30 days prior to a discharge. Renewal applications must be submitted at least 30 days before the expiration date of an existing authorization. Significant users, bulk dischargers, and waste handlers, discharging to a publicly owned treatment works ("POTW") subject to NPDES permit requirements, need to obtain a PRASA Discharge Permit. New significant users must file Discharge Permit applications at least 120 days prior to the discharge. Renewal applica­tions must be submitted at least 120 days prior to expiration of an existing permit. Facilities without discharges must submit a No-Discharge Certificate application with the EQB.

Puerto Rico Used Oil Collection Center Reports:

Facilities that collect and recycle used oil must submit a report to the EQB, on the previous month's operation, by the 15th day of each month.

Puerto Rico Used Oil Transporter Annual Report:

Facilities that transport used oil in quantities in excess of 55 gallons, or that import/export used oil, or that operate a transfer station, are required to submit, prior to January 31 of each year, an Annual Report of its operations during the preceding year.

Puerto Rico Used Oil Final Processing Installation Biennial Report:

Existing facilities that process used oil have until March 1st of every other year (commencing on the third year of operations) to submit to EQB a report containing specific information on the handling of used oil for the previous two years.

Puerto Rico Discarded Tire Transporter Reports:

Transporters of discarded tires shall maintain a monthly inventory of their activities, which must be submitted to EQB on or before the 15th day of the following month. Transporters must submit to the EQB, on or before the 15th day of February of each year, an Annual Report of their status and activities for the previous calendar year.

Puerto Rico Regulated Biomedical Waste Annual Report:

Facilities which transport regulated biomedical wastes ("RBW") must submit an Annual Report describing the source of generation, final disposition, area location and the manner of disposal. Owners and operators of RBW treatment, destruction and final disposition facilities, including generators that incinerate RBW on-site, must submit an Annual Report of final disposition of the waste. Both reports are due at EQB within 45 days of January 1 of each year and include information on RBW activities for the preceding calendar year.


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