environmental compliance 101 - microsoft · clean air act: air permitting 40 cfr 50, chapter 285,...

ENVIRONMENTAL COMPLIANCE 101

JULY 17, 2018

Jamie Risic Dominique Zellmer Marsh and McLennan Agency – Environmental

MARSH & McLENNAN AGENCY LLC

Agenda:

• Who is MMA Environmental?

• Clean Air Act – Air Permitting

• Clean Water Act – NPDES permitting – Stormwater – Industrial Discharge

• RCRA – Hazardous Waste regulations – Licensing

• EPCRA/SARA – Tier II – Community Right-to-know – Toxic Release Inventory (TRI) or Form R/A – Contingency Planning and Emergency Response Planning

• Things to Consider…

1 July 17, 2018


Who We Are A professional environmental & safety services firm helping our clients identify, quantify and mitigate safety, health, environmental and operational compliance risks.

Operational Risk Strategies

Transactional Liability Solutions

Legacy Risk Management

• Outsourced Environmental & Health/Safety Compliance Management

• Development of Environmental Management Systems

• Claims Support & Loss Mitigation

• Expert Witness & Litigation Support

• Regulatory & Community Liaison

• Merger & Acquisition Environmental Due Diligence

• Transaction Risk Solutions • Risk Modeling & Quantification

of Liability • Post-Acquisition claims

management • Full service environmental

insurance placement support • Private Equity & REIT

specialization

• Customized characterization and quantification of known conditions liabilities

• Portfolio liability “wind-down” through strategic management, “buy-out” and risk transfer

• Liability Elimination Oversight • Independent Oversight

Remediation Advisor • Strategic remediation program

optimization


MANAGEMENT OF ENVIRONMENTAL DUE

DILIGENCE, DOCUMENTATION & REAL

PROPERTY RISK

INSTITUTING BEST MANAGEMENT PRACTICES

INVOLVING ENVIRONMENTAL PERFORMANCE,

COMPLIANCE & LIABILITIES

DEVELOPMENT & IMPLEMENTATION OF

CORPORATE ENVIRONMENTAL RISK

MANAGEMENT PROGRAM

PROVIDING INCIDENT MITIGATION, CLAIMS

SUPPORT & SPECIALTY EXPERTISE

COMPREHENSIVE ENVIRONMENTAL

STRATEGIES

MMA - Environmental: WHAT DO WE DO? Environmental Risk Management Solutions


Clean Air Act: Air Permitting

4 July 17, 2018


Clean Air Act: Air Permitting 40 CFR 50, Chapter 285, Wis. Stats, and Chapters NR 400 to 499 WI. Adm. Code.

• The amended Clean Air Act of 1990 requires facilities to determine their air quality permit applicability and permit their emission source(s) in accordance with state and federal requirements.

• Facilities can accept limits to stay out of major source requirements and out of specific source requirements as long as proper documentation and usages are illustrated and limits are maintained.

Federal Permits vs. State Permits

Federal Permits:

• In general, "federal" is the term used to name those permits required specifically by federal regulations. Required for larger emitters of air pollutants.

• They are written specifically for a facility

State Permits:

• Less Strict limits, reporting requirements and changes than “federal” permit.

• General permit is already written for certain industries and individual facilities can apply to be covered

5 July 17, 2018


What Kind Of Processes Or Industries Require An Air Permit?

Materials handling and distribution • conveyors, screeners and elevators • shredders and crushers

Combustion • industrial dryers, ovens or furnaces

internal • combustion engines (diesel generators,

for example) • incinerators • Boilers

Manufacturing and finishing • blasting, cutting and grinding, • Metal plating • Solvent cleaning • Painting • Surface coating

• boat manufacturing

• grain elevators

• polystyrene foam

• Manufacturing

• printed circuit board operations

• commercial printing

• industrial launderers

• steel mills

• ethanol manufacturing

• paper industry

• fiberglass products manufacturing

• petroleum refining

• wood products

• food processing industry

• pharmaceuticals

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Air Permitting Process Flow Chart

7 July 17, 2018

Step 1 – Data Gathering •Review type of permit needed and business processes with client

•SDSs •Mfg specs on appropriate equipment

Step 2 – Build spreadsheet & calculations •Use data and enter appropriate data using calculations spreadsheet

•Review calculations for PTE to determine permit viability.

Step 3 – Download forms and permit checklist •Fill out all appropriate forms and go back to data gathering if necessary according to form request.

•Use checklist to make sure all items are complete

Step 4 – Permit Submission •Print out multiple copies and make discs, upload documents for calculations spreadsheet

* Once Permit is submitted, the state may require many more steps to complete before the permit is approved.

It may require us to go back to Steps 1&2.

This process can take many weeks to complete so it is necessary to prepare.


Basic Air Permit Requirements

• KNOW and understand your permit – have a copy on hand and READ it.

• Make sure you understand the requirements: If there are maintenance or general compliance requirements, document them.

•Make notes and put requirements including testing, recordkeeping, documentation & necessary actions

–Make a calendar –Set reminders –Work with consultant to create tools that work for you

• Communicate with your employees!

Staff should know why they are doing actions on permitted emission units. Sometimes there are confusion with air permitting terms like “emission unit” and “control equipment”. Review these with applicability staff AND back-ups.

8 July 17, 2018


Air Permitting Amendment Triggers

Business Changes:

• Change, expand or consolidate operations • New Equipment • Modified Equipment

• Physical modification • Change in method of operation

• Change in equipment description, permit conditions

• Upgrade, retrofit or replace equipment • New or modified equipment • Change in permit conditions (not

physically modified) • Emission reductions, apply for

offsets • Change in ownership, mergers,

acquisitions

Regulatory Changes

• New regulations, such as emission

control requirements

• Revised existing regulations

• New Federal rule applicability –

Title V, NESHAP and NSPS

• Enforcement

9 July 17, 2018


What’s NEW? EPA Guidance

• EPA withdraws “once in always in” policy for major sources under Clean Air Act: EPA News Release

• Memo:

10 July 17, 2018

EPA logo property of U.S. EPA. Via www.Twitter.com/epa

https://www.epa.gov/newsreleases/reducing-regulatory-burdens-epa-withdraws-once-always-policy-major-sources-under-clean


Summary of Air Permitting

• Air Permitting – Different range of permitting

available, depending on type of operation

– Calculation of emissions is a complicated action, may required a consultant or engineer

– Changes to operations may require changes to the permit. New assessment is advised

• Air Permitting Compliance: – Read All permits thoroughly – Maintain good records of all

materials and maintenance activities

– Watch reporting deadlines

11 July 17, 2018


Clean Water Act – NPDES permitting - Stormwater

12 July 17, 2018


Clean Water Act – NPDES permitting - Stormwater Wisconsin Administrative Code DNR, NR 216 and ch. NR 151, Wis. Adm. Code.

The National Pollution Discharge Elimination System (NPDES) was established to address the pollutants being directed to the waters of the state by industrial and commercial facilities. If activities have the potential to pollute the waters of the state, permitting is mandatory in all states. This permitting can be source specific, based on the type of industry category.

If a business has the potential to pollute the waters of the state, a permit is required for all points that have the potential to discharge to the storm drains. If no potential to pollute is documented, a no exposure certification is required.

13 July 17, 2018


What Is Stormwater?

• Water from rainfall runoff, snowmelt runoff, surface runoff and drainage.

• Impervious surfaces like sidewalks, rooftops, driveways and streets prevent storm

water from soaking into the ground.

• Debris from industrial operations

• Final destination of stormwater is the nearest water bodies such as streams, rivers,

lakes or the ocean.


Stormwater Compliance

• Facilities that have an Industrial Stormwater permit are required to have a Stormwater Pollution Prevention Plan (SWPPP). – The SWPPP plan needs to be kept onsite so that the Best Management Practices (BMP)

are implemented and appropriately maintained. – SWPPP’s should be routinely revised, reviewed and have corresponding training to ensure

full understanding of compliance parameters. – Since this program is a self-implemented, individualized plan, it should be updated when

parameters are not effective in managing stormwater.

• Industrial Stormwater Pollution Team Members.

• Training should cover the components and goals of the SWPPP and include: – Spill response procedures – Good housekeeping – Material management practices – Stormwater discharge monitoring procedures – Best Management Practices (BMP) operation

and maintenance

• Sampling may be required

• Reporting may be required

15 July 17, 2018


How Can Your Facility Potentially Pollute Storm Water?

Tuesday, July 17, 2018

Potential Pollutant Source Description of Pollutant from Source

Loading and Unloading Operations Production Materials and equipment

Maintenances & Equipment Cleaning Oil, Paint, solvents, Cleaning Chemicals

Outdoor Storage Operations Waste dumpsters with industrial refuse.

On-Site Practices

Liquid Storage, Loading Dock, Dumpsters, Storage of wood pallets, Empty Drums, Aluminum Shavings, Sawdust Dumpster and Empty Fuel Tanks

Dust or Particulate Generating Processes Particulate Matter

Outdoor Processes or Manufacturing Waste, dust and other materials


Clean Water Act – NPDES permitting - Industrial Discharge Sections 301, 306, and 307 of the Clean Water Act, United States Code, title 33, and sections 1311, 1316, and 1317. Code of Federal Regulations, title 40, parts 401 through 469. An industrial wastewater discharge permit addresses Industrial waste water discharged to sanitary sewer

• A permit would limit or restrict pollutants generated at a facility.

• Reporting frequency will be determined depending on the type of processes within the facility and the water volumes used by the facility.

• Each permit is site specific and regulated by the state agency.

• A permit will have an expiration date and the facility is responsible for submitting a complete renewal application before the permit expires.

17 July 17, 2018


NPDES Permitting Cont. Questions to ask when determining permit requirement

• Are there any processes that discharge wastewater?

• (Example of wastewater: wash water from cleaning equipment, wastewater from metal plating tanks, wastewater from chemical etching/cleaning parts (i.e. medical implants)

If YES, the following questions apply:

• Does the facility have a current permit to discharge wastewater?

• Is wastewater compliant with permit effluent thresholds?

18 July 17, 2018


Summary of NPDES Permitting (Stormwater and Industrial Discharge)

• Stormwater – Permitting is decided by

facility SIC code – Required if storing

equipment, waste and materials outside

– If all materials are stored inside, No Exposure Certification may be required

19 July 17, 2018

• Industrial Discharge – Certain industries that

send industrial waste water to local sewer may need to obtain a permit

– Based off type of contaminants discharged. Such as VOCs, metals or solids

– May be required to work with state and local officials to ensure compliance


Hazardous Waste - RCRA

20 July 17, 2018


RCRA – Hazardous Waste Management The 1976 Federal Resource Conservation and Recovery Act (RCRA) regulate waste generation and management activities for any business or institution that generates industrial waste.

Hazardous waste can be classified as a listed and/or characteristic waste. – A characteristic waste is: flammable/ignitable, corrosive, reactive or an oxidizer.

It may also contain one or more materials above a threshold listed in the toxic characteristic wastes.

– A listed waste falls into certain defined categories. – Universal waste

21 July 17, 2018


Hazardous Waste cont.

• Some wastes generated by businesses may not be considered “hazardous” but may be classified as “other regulated wastes” or Special and Universal Wastes:

• Used/Spent Lightbulbs

• Aerosol Cans

• E-Waste

• Used Oil and coolant

• Waste Batteries

• Waste Metal

These wastes are commonly generated at most facilities and should be disposed of properly with appropriate documentation.

For Example: if you generate used oil, absorbent material (floor dry) and oil filters at your facility, you should find a used oil waste hauler and receive a bill of lading for all deliveries

22 July 17, 2018


Hazardous Waste Training

Training required by Federal EPA, the Wisconsin Department of Natural Resources. Knowledge of general requirements are mandatory for all employees that handle hazardous waste or related documentation

Formal initial training must be completed annually for SQGs & LQGs • Annual Refresher training required for LQGs • Periodic Refresher training required for SQGs

Employees are required to have training if they: • Open/Fill/Close hazardous waste containers • Start new hazardous waste collection containers (drums, totes, etc.) • Label hazardous waste containers • Inspect hazardous waste containers • Sign hazardous waste manifests

23 July 17, 2018


Generator size is determined by quantity of waste generated, NOT quantity shipped

Accumulation Quantity Limits:

– LQG - None

– SQG - 6,600 lbs. on site - 220 - 2,200 lbs. per month

– CESQG - 2,200 lbs. on site - 220 lbs. per month

Storage Time Limits: – LQG

- 90 days from Accumulation Start Date

– SQG - 180 days from Accumulation Start

Date – CESQG

- None - manage as SQG when accumulation reaches 2,200 lbs.

24 July 17, 2018

Generator Size Determination


RCRA – Generator Size and Licensing

• Hazardous Waste is required to be stored in a contained, secure, area.

• All hazardous waste streams must be licensed with Wisconsin DNR.

• Annual Report and License Renewal is due annually by March 1st.

• Emergency map with diagramed exit routes must be posted in conspicuous areas

• Emergency response telephone list must be posted near all ‘public’ phones

• All applicable response agencies • Company emergency contact information • Emergency Response Plan

25 July 17, 2018


Summary of Hazardous Waste Compliance

• Hazardous Waste Regulations – Identifying hazardous waste – Managing appropriately – Disposing of waste

• Contingency Planning and Emergency Response Planning – Working with local emergency

responders

• New EPA regulations – Generator descriptions – LQG, SQG and VSQG changes – Executive summary

• How will regulators enforce the new regulations? – Risk to generators and generator

size – Rules open to interpretation – Ignorance is not an acceptable

excuse for non-compliance

26 July 17, 2018


SARA – Superfund Amendments and Reauthorization Act

27 July 17, 2018


EPCRA/SARA – Compliance reporting

• SARA Title III/EPCRA was implemented to create a cooperative relationship among government, businesses and the public to prevent, plan, prepare for, and manage chemical emergencies.

• In each state, broad representation by fire fighters, health officials, government, the media, community groups, industrial facilities, and emergency managers ensure all necessary elements of the planning process are represented.

• Annually, a facility is required to assess on-site storage and usage of materials (chemicals) to determine if a reporting threshold has been exceeded for SARA Sections 302,303, Sections 311, 312 (Tier II) or SARA Section 313 (Form R/A). – Safety Data Sheets (SDS) are required to be updated and evaluated for chemicals that

exceed the reporting thresholds under Tier II and Form R/A.

28 July 17, 2018


EPCRA/SARA - Tier II – Community Right-to-know SARA Sections 302,303, Sections 311, 312 If a “hazardous chemical” surpasses a reporting threshold for storage on-site at any given time during the year, reporting is required. The reporting deadline is March 1 each year.

A Few Important chemicals to review:

• Sulfuric acid, a listed EHS chemical requiring reporting when stored in excess of 500 pounds, is

a main component in lead-acid batteries found in the electric industrial lift trucks.

• Oils (cutting/lube) has a reporting threshold of 10,000 lbs and is considered a no-EHS

• Ethylene Glycol has a reporting threshold planning quantity of 5,000 lbs

A copy should be sent to local fire department and LEPC

29 July 17, 2018


EPCRA/SARA - Toxic Release Inventory (TRI) or Form R/A SARA Section 313 – Form R/Form A • If a facility manufactures, processes, or otherwise uses a listed chemical over the SARA Section 313 reporting threshold, the facility is required to report all releases and transfers of that chemical to the environment (land, air and water) on an annual basis. – The reporting deadline is July 1st each year.

• Unlike SARA Tier II, constituent substances in solid materials must be included when making threshold determinations.

• All hazardous Chemicals and metals should be reviewed.

• Other metal alloys processed include, nickel, stainless steel, and carbon/mild steels.

• This information will be reviewed continually throughout the year and once more annually before Form R/Form A reporting.

30 July 17, 2018


EPCRA/SARA - Contingency Planning and Emergency Response Planning • Facilities must be maintained & operated to minimize the possibility of a fire, explosion, or any

unplanned sudden or non-sudden release to the air, land, or water of hazardous waste or hazardous waste constituents which could threaten human health or the environment

• Per RCRA regulations, facilities should have a plan in place to deal with emergencies at the facility (i.e. Emergency Action or Contingency Plan).

• Facilities should share the Contingency Plan/Emergency Action Plan with emergency responders such as police, hospitals and fire departments. Some facilities are required to share this information

31 July 17, 2018


SARA/EPCRA – Tier II, Form R and Contingency Planning

• Tier II – Annual inventory of hazardous

materials – Reported every spring – Copy sent to local Fire dept

and/or LEPC

• Contingency Planning and Emergency Response Planning – Company specific – Send copy to local emergency

responders

• Form R/A – the facility is required to

report all releases and transfers of that chemical to the environment (land, air and water)

– Due July 1 – Review chemicals as well as

production materials and hazardous constituents

32 July 17, 2018


AST/UST Compliance

33 July 17, 2018


AST

New or existing storage tanks that are used to store flammable, combustible, or hazardous liquids must to be registered, with the exception of:

• Aboveground storage tanks with a capacity of less than 1,100 gallons that are: • farm tanks • located at and serve a construction project • used to store heating or used oil for consumptive use on the property • used to store Class IIIB liquids other than used oil • are located inside a building and are used for industrial processes if that use occurs through piping which

connects the tank to the process

Aboveground tanks which are used to store non-flammable or non-combustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons

Tank vehicles

Tank wagons, portable tanks and movable tanks, that are located on a property for less than 24 months

Tanks that are located at a US EPA superfund site

34 July 17, 2018


UST

• The UST compliance obligations are: – Proof of financial responsibility – Affidavit of financial responsibility – Proof of primary leak detection method:

- For automatic tank gauge: three current and consecutive months of tank monitoring results, one day from each month, 28-32 days apart

- Interstitial monitoring: three current and consecutive months of tank monitoring results, one day from each month, 28-32 days apart

- For statistical inventory reconciliation: three current and consecutive months of summary reports from the company that conducted the analysis

– Three current and consecutive months of line monitoring results, or the annual precision tightness test of the piping

– Annual leak detector test report – Cathodic protection test, for tanks requiring it

• Lining inspection report at the appropriate interval, for tanks requiring it

35 July 17, 2018


AST and UST Compliance

• AST – Regulated depending on size

and product type held – May require state registration

and testing – There are many exceptions to

this rule

• UST – Almost all UST require

registration – Require regular monitor, leak

detection and monitoring – Require professional

certification on a routine basis – Require registration with

the state

36 July 17, 2018


To Sum Things Up… How thoroughly have you analyzed your workplace safety and environmental exposures?

If you own real estate, operate a business, manufacture products, generate waste, emit regulated substances to the air/water/land, store chemicals or petroleum…then you may need additional expertise!

Natural resource and biodiversity

damages

Federal, state and local environmental laws and regulations are enforced to protect the

environment, public health and worker safety.

Clean-up (“polluter-pay”)

liability

Industrial and hazardous waste

storage, treatment, and disposal

Raw chemical & petroleum storage/spill prevention

Emergency response to

sudden accidental events

Pollutant discharges to air,

surface water, soil, and groundwater

New laws and regulations –

increased cost of compliance

Community right-to-know and toxic

release inventory reporting

Planned acquisitions of real estate or operating

facilities

Employee training and record retention

Jamie Risic Sr. Vice President, Client Executive

[email protected] +1 763 746 8302

Dominique Zellmer Environmental Compliance Specialist [email protected]

+1 763 746 8304

mailto:[email protected]




environmental compliance 101 - microsoft · clean air act: air permitting 40 cfr 50, chapter 285,...

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