cuhmmc presentation

2 Yourenvironmentalcomplianceisclearly ourbusiness.

Agenda

Consequences of Non‐Compliance

My Top 5 Common Compliance Issues

Common Violations Best Management Practices

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ConsequencesofNon‐Compliance


LeadingtoTrouble Do you know if…

• You are regulated?• You will be regulated?• You comply with your state and Federal rules?

• You are keeping up with the many regulations or recent changes?


LeadingtoTrouble Do you have the “I’ll take my chances…” or “Why bother now” mentality?

Do you want to comply but have internal constraints/insufficient resources?

Are you not involved in that large capital investment project?

Do you understand regulations cited in your permit such as: Permittee shall ensure that the provisions of 20 DCMR 900 pertaining to engine idling are met at the facility?


Non‐compliance with environmental regulations can lead to fines and project delays, blemish public image, and increased regulatory scrutiny



Maximum fine, for example, under the Clean

Air Act (CAA):

$37,500 per day per violation but that

may be increasing soon


9 Yourenvironmentalcomplianceisclearly ourbusiness.https://echo.epa.gov/



Top5ComplianceIssues1. Installing equipment or operating without

proper permits or plans2. Inadequate recordkeeping and retention3. Missing deadlines – permit renewal, reports,

plan updates, monitoring, etc.4. Improper classification of facility 5. Untrained facility personnel


Regulations CAA (Refrigerants) CAA (Other Stationary Sources) Clean Water Act (Spill Prevention and Storage Tanks)

Emergency Planning and Community Right‐to‐Know Act (EPCRA)

Resource Conservation and Recovery Act (RCRA)

CleanAirAct– Part1


TypicalAirEmissionsSources Ozone‐depleting substances (ODS) – primarily refrigerants

Boilers Emergency generators, fire pumps, water pumps

Cooling towers Paint booths Welding Asbestos


Prohibits intentional venting of ODS and (most) U.S. EPA‐approved substitutes during service, repair, and disposal of appliances

Air conditioning and refrigeration (AC&R) containing ODS: technicians must be certified by a U.S. EPA accredited program

BasicRequirements


Purchase ODS by certified technicians

Use U.S. EPA‐approved recovery/recycling equipment

Submit U.S. EPA certification form for recovery/recycling equipment

Complete required recordkeeping – inventory, service records, leak rate calculations, etc.

BasicRequirements


Proposed changes to Section 608 are expected to be finalized January 2017

Key changes in the draft regulation:• Pull some substitutes into the current ODS recordkeeping requirements

• Require inspections for larger equipment• Require record of refrigerant recovery for disposal of equipment with 5 to 50 pound charge

• Lowering the leak rate thresholds

BasicRequirements


Continual “topping off” is indicative of a leak and considered to be knowingly venting

Lack of ODS records• Recovery/recycling equipment certification

• Annualized leak rate calculations • Service records for units that contain 50 pounds or more of ODS

CommonViolations

CleanAirAct– Part2


TypicalAirEmissionsSources ODS – primarily refrigerants Boilers Emergency generators, fire pumps, water pumps

Cooling towers Paint booths Welding Asbestos


TypicalAirEmissionsSources


Considerations:• Location • Size, age, type of equipment• Intent of operation• Individual equipment and project emissions• Facility‐wide emissions• Regulatory policies (state vs. Federal)

Permitting requirements and fees vary by state, facility, and project

Don’t forget about those Federal regulations!

StationarySource‐ PermittingCriteria


StationarySource‐ PermittingCriteria

Permitting temporary units• State may require permits for…

Temporary boilers (if trigger capacity threshold) regardless of duration on site

Temporary generators used to:• Backup peak shaving engines• Provide primary source of electricity

Temporary emergency generators: • When at one location at a site for longer than 12 months

• If trigger permitting through potential emissions

Customer’s definition is what?


Installation of unpermitted equipment requiring air quality permits

Exceedance• Excess visible emissions from smokestacks• Emissions limits • Fuel sulfur limits

Noxious odors Replacement of like‐for‐like equipment (that was already permitted) without following the proper process

CommonViolations


Incomplete recordkeeping• Not using a 12‐month rolling total where required

• Not recording reason for operation for each time emergency generator operated

• Improper fuel certification • Lack record retention

Not using a certified engine Missed reporting or notification deadlines

CommonViolations

CWA‐ SpillPreventionandStorageTanks


Underground (UST) and/or aboveground storage tank (AST) registration

Spill Prevention, Control and Countermeasure (SPCC) Plan

UST operator training Flammable fuel storage permit

Oil Operations Permit Operating permit for ASTs

StorageTanks


Definition of “oil” includes, but is not limited to: • Petroleum• Fuel oil• Sludge• Synthetic oil• Mineral oil• Oil refuse• Oil mixed with wastes

PollutionPrevention


Lack of complete, up‐to‐date SPCC Plan, or failure to properly implement

Incomplete recordkeeping – retain for three (3) years

Infrequent SPCC inspections Failure to register tank, either initially or when repurposed, if necessary

Missed deadlines Empty 55‐gallon storage drum that is not permanently closed

Failure to report a spill

CommonViolations


Not having Class A, B, and C‐trained UST operators designated for regulated UST

Inadequate secondary containment

Untrained oil handling personnel

No spill kit or cleanup of spill No visual tank inspection of AST in vault ‐ as no confined space training

CommonViolations

EmergencyPlanningandCommunityRight‐to‐

KnowAct


Purpose:• Provide information about potential chemical hazards

• Establish a framework for state and local emergency planning and response

• Encourage and support emergency planning at the state and local level

Both Owner and Operator are responsible for compliance

EPCRA


Section 302 – Emergency Response Planning• Extremely Hazardous Substance (EHS) in an amount equal to or greater than its Threshold Planning Quantity (TPQ) at any one time

Section 304 – Emergency Release Notification• Release of a Reportable Quantity (RQ) of any EHS or other defined hazardous substances

Sections 311/312 – Hazardous Chemical Inventory Reporting • If the chemical requires a Safety Data Sheet, then it’s a hazardous chemical

Section 313 – Toxic Release Inventory Reporting• Facilities that meet SIC code, employee number, and release quantity criteria

ReportingRequirements


Incomplete recordkeeping • Retention time is three (3) years• Not providing required SDS updates

Not filing Tier II annual report (if subject but didn’t realize it) by March 1st

Failure to file accurately

Being unaware of a release

CommonViolations

ResourceConservationandRecoveryAct–

SubtitleC


Is it a listed waste? Is it a characteristic waste?

Has the U.S. EPA or your state agency designated it as HW?

Do you say it is HW?

HazardousWaste(HW)Categorization


HW:• Oil‐based paint and paint thinners• Certain concentrated cleaning products• Spoiled gasoline• Crushed fluorescent lamps

Universal Waste (UW):• Mercury thermostats• Intact fluorescent lamps

Recycled Waste:• Used oil

TypicalWastes


States may vary but your facility could be one of the following:• Conditionally Exempt Small Quantity Generators (CESQG): less than or equal to 100 kg (220 lbs.) generated per month

• Small Quantity Generators (SQG): greater than 100 kg or (220 lbs.) but less than 1,000 kg (2,200 lbs.) generated per month

• Large Quantity Generators (LQG): greater than or equal to 1,000 kg (2,200 lbs.) generated per month

Certain HW have lower thresholds to trigger the above categories (e.g., >1 kg of arsenic = LQG)

HWGeneratorClasses


Identify wastes Obtain U.S. EPA ID Number Label and date container Keep lids closed Provide secondary containment Conduct inspections and retain log Dispose of it correctly Train staff

WasteManagementRequirements


Incomplete records• Three‐year retention (except current personnel training records is until facility closure)

• Manifests – not returned, incomplete signatures, not having U.S. DOT‐trained person sign

Failure to:• Obtain an EPA ID Number • Identify waste • Label containers properly• Move HW from satellite accumulation points within required timeframe

• Properly dispose of wastes• Conduct and document inspections

CommonViolations

BestManagementPractices(BMPs)


BMPs Don’t just file away those permits and plans!

Maintain records in a centralized location, accessible by more than one person in the event of an inspection

Use templates carefully – States can vary and be more stringent than U.S. EPA

Implement frequent quality assurance/quality control (QA/QC) review system to ensure compliance


BMPs Conduct multi‐media compliance audits Conduct awareness training on air permits and other proactive training• Routine air compliance audits and training at an installation significantly reduced permit deviations reported to the state and U.S. EPA

Include copy of training with attendee list Review every draft permit and it’s ok to question permit conditions and regulators!


Maintain an inventory of refrigerant‐containing equipment

Maintain documentation to prove no intentional venting for service, maintenance, repair of all non‐hermetically sealed units containing refrigerant –regardless of size

Develop electronic leak rate calculation spreadsheet to automatically calculate (rather than hand‐written record)

BMPs


Pay close attention to shelf‐life dates – use oldest products first before shelf‐life expires

Prepare a detailed hazardous chemical inventory to summarize maximum amount present on site

BMPs


BMPs Utilize existing work order system or Outlook meeting requests to remind personnel of inspections, recordkeeping, etc.

Develop management systems Watch for automatic‐purging databases that hold your records

Third‐party contractors • Maintain separate copy of all operations and maintenance (O&M) records

• Have access to all contractor‐maintained databases

• QA work products


BMPs Use your resources to stay on top of regulations and requirements!• Professional organizations• U.S. EPA website, state agency notifications/ newsletters

• Consultant websites/newsletters/blog posts• Training courses• Utilizing an environmental consultant

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