Environmental Compliance and Safety Best

Practices by Matt Gabris VP EHS Aryzta

The following materials are provided for

informational and educational purposes

only. The illustrations do not depict any

actual events or actions taken by ARYZTA,

nor do they guarantee any particular results

or outcomes. Any opinions offered are my

own and not those of my employer

DISCLAIMER

PURPOSE OF THE PRESENTATION

1. Provide a BASIC overview of US & Canadian environmental requirements that already

do and could affect most small to large bakery manufacturing operations.

2. Review some recent changes within the OSHA safety regulations that directly affect our

industry

3. The goal is to take this information to prompt questions at your company on the: when,

why, how and who is assuring we are “not applicable” or we’re complying with these

rules. “I Didn’t Know” is not a valid excuse.

4. Prevent environmental damage, injuries, fines and ill perception of our industry

5. During the session if this doesn’t interest you, for whatever reason, you are welcome to

politely leave. No offense taken.

6. I will be around after the session too if you have any other questions or comments.

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• Matt Gabris - VP Environmental Health, Safety & Security (EHSS) for

ARYZTA Americas.

• ARYZTA has 30 bakeries in the Americas and about 10,000 employees

• Been in EHSS for 23 years, 21 in Food and Beverage for four different food

companies: Sara Lee meats (now Tyson), Premium Standard Farms (now

Smithfield), Earthgrains (Now BBU), Miller Coors (Becoming Molson-Coors

in October) and now ARYZTA

• Multi year member of ABAs Environmental and Energy committee and

newly appointed Chair of ABAs safety committee

• BS and MS in EHS and Chemical Engineering.

WHO AM I?

EXAMPLES OF ENVIRONMENTAL

FINES/PENALTIES

• 2013 - Major retailer paid more than $80 million in fines and penalties for mishandling pesticides and hazardous waste.

• 2008 – Maker of sauces and dressings was sentenced to 12 months probation for operating without a proper industrial wastewater permit. The company was only operating a basic sanitary waste permit.

• 2013 – Multinational food manufacturer plead guilty to the illegal discharge of industrial wastewater at a manufacturing site in and the company’s failure to report the discharge in a timely manner. As part of its plea agreement, agreed to pay a $1 million fine. The company also intends to contribute $3.5 million to state and local environmental programs.

• 2011 – Ingredient supplier pled guilty for falsifying records as required by their air permit. The company was sentenced to 36 months probation and a $450,000 fine.

• 2007 – Baking Company agreed to pay a fine of $50,000 for Clean Air Act Violations and will spend $25,000 to purchase renewable energy credits. The company failed to document the type of repairs that were conducted on its refrigeration equipment, including if leak-repair verification tests had been performed.

1. Clean Air Act Regulations: permits and

refrigerants (non ammonia) ODS substances

2. Ammonia requirements – RMP/ PSM/

Release reporting

3. Emergency Planning and Tier II

4. Storm water rules & Spill Prevention

Countermeasure Control (SPCC) plans

5. Wastewater – issues and compliance

TOP TOPICS WE WILL COVER (MOST

FREQUENTED) IN BAKING

1. Asbestos

2. Transportation (DOT)

3. Hazardous, Universal wastes and Used oils

4. Pesticides

5. Safe Drinking Water Act

6. Superfund liability

7. Underground Storage tanks

8. Wetlands

9. Other

ENVIRONMENTAL TOPICS WE WON’T

COVER TODAY

ANHYDROUS AMMONIA COMPLIANCE:

RISK MANAGEMENT PLANNING (RMP)

PROCESS SAFETY MANAGEMENT (PSM)

CALIFORNIA AMMONIA RESPONSE PLANNING (CALARP)

CERCLA RELEASE REPORTING

GENERAL DUTY <10,000 LBS.

FOR FACILITIES WITH AMMONIA REFRIGERATION SYSTEMS

• Rule created after 1900+ died in Union Carbide’s Methyl Isocyanate release in India in 1984

• Rule covers thousands of “Highly hazardous chemicals” anhydrous ammonia most common for the food industry.

• Federal rules both EPA and OSHA RMP/ PSM are enforced at >10,000 lbs. of charge aggregate by site.

• California 500 lbs. Business plan.

• If you have <10,000 lbs. and there is an injury from ammonia and your company has PSM/ RMP in other locations you are subject to general duty and have to comply with areas of known hazard

• If you release ammonia you have to report it to three agencies within 15 minutes. Standardize on how you estimate releases (leak calculator)

• 15 elements (includes EPA RMP) most have 1, 3 and 5 year requirements

AMMONIA RMP/ PSM APPLICABILITY AND

WATCHOUTS – >10,000 LBS

AMMONIA SAFETY/ ENVIRONMENTAL

COMPLIANCE MATRIX

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KEY UPDATES/DOCUMENTATION

5 Years

• Re-sumbmit full RMP Update (6 months of a change that requires a revised PHA/Hazard Review, offsite consequence analysis)

• PHA/Hazard Assessment (Seismic for CA)

• Mechanical Integrity Audit

• Offsite consequence analysis

• Relief valves changed

3 years

• Refresher training for process operators

• Compliance Audit

Other

• Operating procedures reviewed annually and updated as necessary

• PSI updated as changes are made

• Emergency planning and response updated as necessary (fails in an emergency, changes to personnel)

• Initial training for newly hired process operators (overvew in the process, operating procedures – follow industry standarad (RETA)

• Maintain MOCs, PSSRs, Hot Work (1 year) Incident Investigation (keep for 5 years)

• Annual Contractor Evaluations

• Maintain records of Mechanical Integrity – Mechanical Integrity based on applicable codes and industry standards.

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CLEAN AIR ACT: PERMITTING – OVENS,

BOILERS & OXIDIZERS.

AIR EMISSIONS

Bakeries may have to follow certain requirements to comply with federal, state or local air

regulations based on the pollutants emitted from the bakery. Typical emissions from

bakeries are:

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Source Pollutants

Generators (internal combustion engine (ICE))

CO (Carbon Monoxide), NOx (Oxides of Nitrogen), SO2 (Sulfur Dioxide), VOC (volatile organic compounds), PM (particulate matter)

Process Boilers CO, NOx, SOx (oxides of sulfur), PM, VOC

Ovens (dough containing yeast or starter) Ethanol (VOC)

Refrigeration Equipment Ozone Depleting Substances (Freon), other regulated substances

Parts Washers VOCs, and other regulated substances

Label Printing (except soy based inks) VOC (MEK, Methanol)

WHY ARE THESE REGULATED

• Nitrogen Oxides (NOx) – contributes to the formation of ground level ozone, fine particulate pollution, and linked to adverse effects on the respiratory system. Ground level “bad” ozone is harmful to breathe and damages, crops, trees and other vegetation. It is a main ingredient of urban smog.

• Volatile Organic Compounds (VOCs) (e.g. ethanol) – reacts with NOx and sunlight to form “bad” ozone.

• HCFCs/CFCs – Depletes High Altitude “good” ozone. High altitude ozone protects the earth from harmful ultraviolet (UV) rays from the sun.

• Oxides of Sulfur (SOx) – harmful to breathe.

• HAPs – Hazardous Air Pollutants that cause or may cause cancer or other serious health effects.

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AIR PERMITTING

If you are in a non-attainment zone of any sorts, based on the quantity of emissions over a period of time (e.g. day, week, month, year), your local air district may require you to obtain a permit, control emissions and/or perform certain management practices prior to performing the activity.

• Air permits typically accomplish two things:

• Set emission or throughput limits

– Some of our bakeries have Air Pollution Control Equipment such as a Thermal Oxidizer with an Afterburner that destroys the VOC prior to entering the atmosphere.

• Enforce Compliance requirements

Daily or Monthly Recordkeeping

Control Equipment Inspections and Monitoring

Performance Testing

Reporting: Deviation Reports, Annual Emissions Inventory, Compliance Certifications

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DETERMINING THE PERMIT LEVEL

• Permitting is based on a facility’s Potential to Emit

(PTE) and actual emissions.

– Reality vs. PTE: worst case operating scenario

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PTE

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TIMING THE APPLICATION

• When installing new equipment, modifying equipment, increasing production or changing raw materials that may affect the emissions, emission calculations must first be performed to determine if permits are required.

• New permits must be submitted well in advance prior to construction– Permitting process is very time consuming (12-18 months)

– Begin the process early, get Engineering and EHS in the loop ASAP

• The larger the permit the longer it takes

• Some permit options have shorter timelines (E.g. Permit by Rules)

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CLEAN AIR ACT: REFRIGERANTS, OZONE

DEPLETING SUBSTANCES AND GLOBAL

WARMING POTENTIAL.

OZONE DEPLETING SUBSTANCES (ODS)

• UV radiation breaks down CFCs and

HCFCs molecules

• Released chlorine chain reacts with

ozone molecules

Earth

Ozone Layer

Cl + O3 ClO + O2

ClO + O Cl + O2

A chain reaction that can destroy thousands of ozone molecules ensues.

HAVE A REFRIGERANT STRATEGY

ODS REGULATIONS

• Regulated under the Clean Air Act (40 CFR Part 82)

• Facility is responsible for compliance!

• Don’t rely on outside technicians to verify compliance

• Use of HCFCs phased out by January 1, 2015

(excludes existing units)

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ODS LEAK REPAIR SUMMARY

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Start

Mandatory repair, retrofit, or retirement of system

Stop

Stop

No

No

Yes

Yes

Is system subject to leak repair

requirements?

Is 35%/15% leak rate exceeded?

ODS RECORDKEEPING

• Inventory of all CFC/HCFC containing equipment

• Compressed Air Dryers, A/C units, refrigeration units, Carbon Dioxide tanks, etc.

• The date and type of service

• Amount and date refrigerant added

• Leak rate calculations

• Corrective Actions

• Copies of technician certification

• Certified technician required for ODS refrigerant system servicing, using certified recovery equipment

• Note: Additional requirements may be imposed by local/state regulations

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EMERGENCY PLANNING COMMUNITY

RIGHT TO KNOW ACT (EPCRA)

TIER II REPORTING

• Annual hazardous chemical STORAGE

• Maximum and average amounts stored at any one time >10,000 lbs (for the most part)

• Chemical name and associated hazards

• Storage container type and location

• March 1st reporting deadline

• Does not include Food Ingredients

• State reporting system

• Reportable chemical range

• Slight irritation to highly toxic

• Should back file for past missed years

• Partner with Fire Department

• Most common: ammonia, batteries, CO2, Nitrogen,

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TIER II: LEAD-ACID BATTERIES

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• Battery inventory

• Commercial sized batteries are exempt

• Battery brand and weight

• Battery SDS- sulfuric acid and lead composition

• Varying sulfuric acid and lead content

CALCULATIONS

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BatteryBrand

Weight (lbs)

Sulfuric Acid

LeadTotal

SulfuricTotal Lead

Douglas 1755 6.6% 60% 115.8 1053.0

East Penn 1065 8.3% 65% 87.9 692.3

Deka 524 8.3% 67% 43.2 351.1

Trojan 372 7.9% 78.5% 29.5 292.0

Bulldog 4952 8.3% 62.5% 408.5 3095.0

Totals: 685 5,483

Sulfuric Acid Threshold= 500lbsLead Threshold= 10,000lbs

Facility must report for Sulfuric Acid, an EHS.

STORMWATER AND SPILL PREVENTION

COUNTERMEASURE CONTROL (SPCC)

REQUIREMENTS

STORM WATER POLLUTION PREVENTION

(HOUSEKEEPING)

• Prevents pollutants from entering storm water runoff and contaminating surface waters.

• General Storm Water Permit

– Issued at State-level; facilities apply for coverage under General Permit

– Unless exempted based on SIC

code, facilities must either:• Obtain coverage under the permit

• Obtain No Exposure Certification

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STORM WATER POLLUTANTS

• Any material that has the potential to pollute surface waters, such as…• Flour, Sugar, Non-contact wastewater, Oil, Chemicals, Salt,

refrigerants, etc.

• Significant Activities that can lead to storm water pollution include…• Dumpsters

• Transfer connections

• Outdoor processes

• Chemical storage

• Obsolete materials

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TYPICAL STORM WATER

ISSUES/EXPOSURES

SPILL PREVENTION CONTROL AND COUNTERMEASURES

(SPCC) – EXXON VALDEZ…..1989

The SPCC rule is to help facilities prevent a discharge of

oil into navigable waters or adjoining shorelines.

• Bakeries/Kitchens with total oil storage of >1320 gallons (in

containers 55 gallons or greater total 10,000 lbs.) must have a

SPCC Plan.

• Oil of any type and in any form is covered such as vegetable oils,

mineral oils, petroleum, fats, oils or greases.

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CLEAN WATER ACT: SIGNIFICANT

INDUSTRIAL USER OF WASTEWATER

DIRECT AND INDIRECT DISCHARGE

INDUSTRIAL WASTEWATER

• Surface waters, including storm drains

• Sanitary sewers

• Publicly-owned Treatment Works (POTW)

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INDUSTRIAL WASTEWATER

• National Pollutant Discharge Elimination System (NPDES) Permit requirements for discharges of process-related water to:• State and local authority

• Direct Discharge to a U.S. surface water• NPDES permit REQUIRED

• Indirect Discharge to a sanitary sewer• POTW permission

– Size and capabilities of POTW

• NPDES permit POSSIBLE

• Significant Industrial Users (SIUs)– Discharge >25,000 (or 10,000) gallons of wastewater per

day

– Potential to adversely affect the publically owned treatment works (POTW)

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WASTEWATER COMPLIANCE ACTIONS

“SOLUTION TO POLLUTION IS NOT DILUTION”

• Discharges may be subject to some parameter limits, regular sampling of

discharge may be required. Typical parameters regulated at our Bakeries

are:

• Biochemical Oxygen Demand – BOD

• Total Suspended Solids – TSS

• Fats, Oil & Grease – (FOG) or just O&G (250 mg/L): 10,000

gpd = just 2.5 gallons allowed

• pH – 0-14 range (typically 5 to 9 limits)

• Comply with all permit conditions as applicable, including submission of

required reports and payment of discharge fees.

• Notification to the local wastewater/sanitation authority may be required

whenever there is a change in the type of materials handled and/or the type,

quantity, or composition of discharge (e.g. increased flow, different type of

sanitation chemical used, slug discharge).

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SAFETY COMPLIANCE UPDATE AND A

FEW BEST PRACTICES IN BAKING

MATT GABRIS

3/30/16

1. .0147 The Control of Hazardous Energy (LOTO)

2. .0212 General Requirements for all Machines

3. .1200 Hazardous Communication

4. .0305 Wiring Methods, components, and equipment for general use

5. .0119 Process Safety Management of Highly Hazardous Chemicals

6. .0219 Mechanical power-transmission apparatus

7. .0263 Bakery Equipment

8. .0037 Maintenance, safeguards, and operational feature for exit rutes

9. .0178 Powered Industrial Trucks

10. .0215 Abrasive Wheel Machinery

TOP 10 MOST FREQUENTLY CITED STANDARDS FOR

NAICS 311812 -COMMERCIAL BAKERIES UNDER 29 CFR 1910

1. New recordkeeping electronic filing Requirements

2. Whistleblower

3. Fine changes

4. Weighted inspection

5. Workplace violence active shooter

6. Ergonomics

7. Combustible and respirable dust

8. Temp employees

SOME NEW STUFF COMING - OVERVIEW

NEW REPORTING REQUIREMENTS:

DIRECTIVE FROM OSHA LEADERSHIP

IMPACT & TIME COMMITMENT

JULY 1, 2017

• A 300A form for each Bakery will need to be submitted for each Bakery by 7/1/17. (Example 300A – Next Slide)– We already create these

forms and must post them at the bakery from 2/1 – 4/30 for the previous calendar year for all employees, visitors, others to view.

– There is no specific detail about the accident, how it occurred or follow up on a 300A

• OSHA estimates it will take 10 minutes to create an account for each location and 10 to enter the required info for each 300A.– Roughly 1 full day.

• Extra time will need to be taken prior to verify the document is 100% accurate at each location.

IMPACT & TIME COMMITMENT

JULY 1, 2018

• In addition to the 300A, a OSHA 300 Log will need to be uploaded for each Bakery by 7/1/2018.

• We will also need to upload a form 301 or our internal incident investigation form for each recordable injury or illness from the prior year.

• The time commitment for 2018 and moving forward will be substantial. – Ex. If we were uploading this

data for the calendar year 2015, we would need to thoroughly verify 370 incident reports, 23 OSHA 300A and 23 OSHA 300 Logs.

– OSHA estimates the upload time to be 10 for account set up, 10 minutes for 300a upload, 12 minutes for 300 log and 12 minutes for each incident.

• Using the 2015 info that would take 86.25 hours of entry and upload time.

– This does don’t count prior data verification time which will be important to occur prior to data entry.

ANTI-RETALIATION (WHISTLEBLOWER)

PROTECTIONS

FINE CHANGES

Value of Each Inspection• 8EUs: significant case ($100k+fine(s))

• 7EUs: Process Safety Management

• 5EUs: Ergonomic Hazard

• 4EUs: Heat hazard

• 3EUs: fatality or catastrophe

• 3EUs: non-permissible exposure level hazards

• 3EUs: workplace violence

• 2EUs: combustible dust

• 2EUs: federal agency

• 2EUs: personal exposure sampling

WEIGHTED INSPECTION FOR INSPECTORS

• General Duty Clause

• Emergency Action

Plans

Ensure part of

emergency or crisis

plans and drills

WORKPLACE VIOLENCE EMPHASIS

Activities

• Better development of theories under 5(a)(1) general

duty

• National emphasis

• Definitions of combustible dust and housekeeping

standards

• Explosion protection

• Citing NFPA 654, 68 & 69 adopted standards

COMBUSTIBLE DUST

Issues

a. No Federal standard, but hazards exist.

b. Began issuing hazard alert letters describing how to reduce hazards geared

towards engineering fixes

c. Referencing non-applicable or misapplication of NIOSH lifting equation

Go Dos

a. Simple steps can be effective (rotation, stretching)

b. Analyze specific jobs (outside expertise recommended)

c. Train employees

d. Improve individual processes

e. Use injury data to show progress

ERGONOMICS

• Not receiving same training,

documentation

• Recordkeeping discrepancies

• Aren’t included in hearing conservation or

respiratory programs

• Emergency response

• Supervisory may be unclear

TEMPORARY EMPLOYEES CONCERNS

SUMMARY & QUESTIONS?

• There are many Environmental & Safety Regulations that we have to comply with.

• Start reviewing your operations and ask the question “Are we meeting the various requirements discussed?”

• If unsure, Do you have an EHS representative? Consultants can prolong the issues. Join ABA environmental and safety committees for benchmarking.

• Utilize or integrate a Compliance Calendar set to help ensure that requirements are met.

• Audit your facilities

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