environmental management fundamentals – getting started

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John WellspringSenior Project Manager

[email protected]

ENVIRONMENTAL MANAGEMENT FUNDAMENTALS – GETTING STARTED

AND STAYING ON TRACK

8:30 AM Session

May 21, 2019

Indiana Chamber 2019Environmental Permitting and Reporting Conference

Presentation Content

Know the EHS Regulations that apply to your facility and operations

Know Your Permit Terms and Conditions

Create a System for Managing Regulatory Compliance

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About the Audience

Plant or Environmental Manager?

Are you new to EHS regulations?

Industry/ Manufacturing?

Legal / Consulting / Other?

Do you have and ISO 14001 EMS?

Brief History and Scope

Statutes and Regulations

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Significant Environmental Issues of the1970sLeading up to Environmental Regulation

Lake Erie was considered dead

Rivers caught on fire from industrial discharges.

Bird populations in decline (as documented in Rachel Carsons’ Silent Spring)

Serious Environmental Health issues in cities, such as Smog, Air Quality, Water Quality

Growth in population density (Cities) and manufacturing density resulted in increasing pollution levels.

Many industrial processes were running with no pollution controls.

Love Canal Declared State of Emergency issued in 1978

Environmental Events in 1970

- The US Environmental Protection Agency (EPA) was created on December 2, 1970 by executive order of President Richard Nixon (later elevated to Cabinet Level by President Bush in 1990)

1970 - The first Earth Day; April 22, 1970

- National Environmental Policy Act

- Occupational Safety & Health Act

- Presidents Council on Environmental Policy

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Major Environmental Statutes/LegislationBeginning in 1970

1970 – Clean Air Act (CAA)

1972 – Federal Water Pollution Control Act (FWPCA)/ now know as Clean Water Act (CWA)

1974 – Safe Drinking Water Act (SDWA)

1975 – Hazardous Materials Transportation Act (HMTA)

1976 – Resource Conservation and Recovery Act (RCRA)

1976 – Toxic Substance Control Act (TSCA)

1980 – Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

1986- Emergency Planning and Community Right to Know Act (EPCRA)

Evolution of Environmental LegislationStatutes Regulations

CAA Air Regulations and Permits, PSD, Ozone Depletion RegulationCWA Wastewater Regulations and Permits, Oil Spill Prevention

RCRA Solid and Hazardous Waste Regulations, Landfill RegulationsUnderground Storage Tanks Regulations

CERCLA Superfund liability and clean-ups, Potentially Responsible PartiesEmergency Spill/Release Reporting

EPCRA Tier II Chemical Inventory Reporting, Community EmergencyPlanning, Toxic Release Inventory Reporting,

TSCA Chemical Reporting Rules, Chemical BansPre-manufacture Notices, Significant new Use

HMTA Hazardous Materials Shipping Regulations

OSHA Health and Safety RegulationsState

Statutes State and/or local requirements can be different or more stringent than the federal requirements

SDWA Drinking Water Regulations and Permits, Well Protection

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Growth of Code of Federal Environmental Regulations CFR Title 40 (Environmental Protection): 1972-2016

• CFR Title 40 contained over 27,000 pages of regulations in 2016

• Most States have adopted similar or more stringent regulations

CAACAAOSHAOSHA

Form R

Tier IEPCRA

Permits

Air Inventory

MSDS

Reporting

Inspections

DOT

State Regulators

Employees

Record Keeping

SWPPP

NPDES

Your Facility

Present EHS Regulatory Landscape: Complex and Growing

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• Air (40 CFR 50-99)

• Water (40 CFR 100-139, 40 CFR 400-471)

• Solid and Hazardous Waste (40 CFR 239-299)

• Community Right to Know (40 CFR 350-372)

• Toxic Substances Control (40 CFR 700-766)

• Others

Major Environmental Regulatory Program Areas:

Scope of CAA Air Quality Regulation:Pollutants and Characteristics Regulated

National Ambient Air Quality Standards (NAAQS): PM10/PM2.5, SO2, NOx, Ozone (VOC/NOx), CO, Lead

NSR Pollutants: PM, Fluoride, Sulfuric Acid Mist, H2S, TRS

Hazardous Air Pollutants: ~188 Listed Chemicals and Compounds

Ozone Depleting Substances: CFCs, Halons, HCFCs, 111-TCA, Carbon Tet., Brominated Hydrocarbons (i.e., Methyl Bromide)

Greenhouse Gasses: CO2, Methane, N2O, Fluorocarbons, SF6

Opacity / Visibility / Regional Haze

Toxic Air Impacts: Vegetation, Human Health, Soils, Endangered Sp.

Accidental Release Prevention (RMP): Highly Hazardous Substances

Odor / Noise (varies by jurisdiction, if covered at all)

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Scope of Air Quality RegulationActivities that Are Regulated

Stationary Sources: Industrial, Chemical, Petroleum, Utilities, Commercial Businesses, Institutions, Mining, Minerals, Gasoline Stations, Farms, Livestock, Food Processing, Printing, Etc.

Mobile Sources: Cars, Trucks, Planes, Trains, Ships, Off-Road Equipment, Forklifts

Consumer Products: Air conditioners, Vehicles, Aerosol Cans, Appliances, Fuels, Coatings, Solvents; Bans on PCBs, Asbestos

Demolition and Renovation (PCB, Asbestos Removal)

Construction Activity (Paving, Heavy Construction, Fugitive Dust)

Waste Disposal (landfills, Incinerators, Open Burning, Wastewater Treatment, Reclamation facilities)

Air Permitting of Stationary Sources

Types of Stationary Source Air Permits

Major Source (Title V – Part 70) Electric Utilities, Refineries, Chemical Plants, Large Manufacturing

Federally Enforceable State Operating Permit (FESOP) Large to Medium Manufacturing

State Operating Permit (MSOP/PTIO) Medium to Small Manufacturing

Other (Registration/ Permit-by-Rule / Exemption) Small Manufacturing to Commercial Operations

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Pre-Construction Review/ Permit Applications

Typical Content of Air Permit Applications

State specific forms

Source-wide air emissions inventory (all emission units)

Potential emissions calculations

Process Flow diagrams

Control equipment specifications

Stack/vent information

Applicable federal rules

Compliance plans (for Part 70 / Title V Sources)

Paper or electronic submittal depending on state

Typical Air Permit Requirements and Content

Typical Requirements Of Air Permits Limitations and control requirements: RACT, NSPS, MACT, BACT

Monitoring

Recordkeeping

Process Throughput or Emission Rate Limitations

Incorporation of MACT/NSPS Standards and Requirements

Performance Testing

Preventative Maintenance

Reporting/Notifications

Renewals

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Air Permit Requirements (Cont.)

Other Air Compliance Requirements: Ozone depleting substances (40 CFR 82) [i.e., Refrigerants] Certified Technicians

Recordkeeping on Repairs

Leak check requirements during and after repairs

Refrigerant recovery is required

Asbestos Demolition Notification requirements for removal of asbestos containing

material or prior to building renovation/demolition

Accidental Release Prevention/RMP – 112r Listed Chemicals Consequence analysis, preplanning and Process Safety Management

Scope of Water Quality RegulationsPollutants and Characteristics that are Regulated

Conventional Pollutants and Characteristics: BOD, COD, TOC, TSS, Fecal Coliform, Ammonia, flow, Temperature pH, Residual Chlorine, NO2/NO3-N, Organic N, Oil and Grease, Phosphorus, Bromide, Chloride, Fluoride, Sulfate, Sulfide, Sulfite, Color, Boron, Radioactivity, Surfactants, Hardness, Foam, Odor, Settleable Solids

Toxic and Priority Pollutants: Listed Heavy Metals, Dioxins, Volatile Organics, Semi-volatile Organics, Pesticides, PCBs

Whole Effluent Toxicity: Toxicity to Living Organisms (i.e., daphnia and Fathead Minnow)

Water Body Classification: Recreational Use, Fish/Wildlife Habitat, Water Supply, Aquifers, TMDLs

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Scope of Water Quality RegulationsActivities that are Regulated

Activities That Require Permitting, Registrations and/or Plans Storm water discharges associated with construction or industrial

Activity

Industrial wastewater discharges to the Sanitary Sewer

Industrial wastewater discharges to the Surface Water or Streams

Wastewater injection into the ground (well, sinkhole, French drain)

Significant groundwater or surface water withdrawal

Potable drinking water supply to more than 25 persons

Storage of Petroleum Oil with potential for discharge to water

Stream Alterations, Dredging, Clearing, Crossings

Irrigation/Agricultural uses (non-point/ nutrient discharges)

Wastewater Discharge Permit Applications; POTW and NPDES

Typical Content of Wastewater Discharge Permit Applications

Completion of Federal and State specific forms

Identification of pollutants likely to be present

Initial discharge/outfall Monitoring Data

Water Balance Diagram including all wastewater sources

Wastewater treatment system specifications

Outfall Designation and location information

Applicable federal rules

Baseline Monitoring Reports (for Categorical Standards)

Paper or electronic submittal depending on state

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Typical Aspects of Industrial Process Wastewater Discharge Permits

Incorporation of federal categorical wastewater pretreatment or direct discharge technology based standards

Imposition of federal or state water quality based effluent limitations, including aquatic toxicity criteria

Imposition of sewer use ordinance effluent limitations Compliance with all pretreatment requirements, permit limits,

terms and conditions Effluent monitoring, sampling and analysis using prescribed

methods at prescribed frequencies. Recordkeeping and routine reporting of sampling results are

required (NetDMR). Renewal of permits prior to expiration.

Aspects of water discharge permits (continued)

Monitoring and calibration of flow monitoring devices and field measurement devices

Participation in EPA DMR QA/QC programs for any self-monitored parameters

Immediate notification of treatment plant upset or of treatment by-pass

Proper operation and certification of WWTP operators

Preparation of slug control plans as required

Permit modification for plant or process changes including use of new treatment chemicals or additives

Increasingly stringent limitations

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Industrial Storm Water Discharge Permits – Typical Requirements

Submittal of General Permit Notices of Intent (NOI) or “No Exposure” certification

Preparation and implementation of Storm water Pollution Prevention Plans (SWPP Plans) including BMPs

Routine inspection of controls, outfalls and/or discharges

Periodic sampling of qualifying storm events

Training of facility personnel

Comprehensive annual review of SWP3 and BMPs

Recordkeeping and reporting

5-Year Renewal of NOI or “No exposure” certification

Water Supply – Typical Requirements

Registration of potable water supply systems and water wells, and renewal of registration

Proper installation, piping and connections

Annual inspection of backflow prevention devices

Sampling of water in potable water supply systems, for required parameters at required frequency

Reporting on significant water well withdrawal

Maintain water intake structures, prevent fish entrainment

Recordkeeping and reporting requirements

Proper maintenance and closure of water wells or intakes

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Oil Spill Pollution Prevention Countermeasure and Control Plans

SPCC plan required if more than 1320 gallons of above ground oil storage on-site

SPCC plans can be self-certified up to 10,000 gallons onsite

Training is needed to implement plans

Routine inspection of oil storage areas and equipment are required

Periodic update and review of plans by a PE, as required

Periodic tank integrity testing

Keep plans up to date

Address site security, lighting and access

Prepare FRP if subject, Submit for EPA review

Solid and Hazardous Waste Regulations

Topics to be covered Hazardous Waste

Universal Wastes

Underground Storage Tanks

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Scope of Solid and Hazardous Waste Regulation

Types of waste that are regulated may be subject to specific regulations and management standards

Hazardous Waste

Universal Wastes

Used Oil

Contaminated Solvent Wipes

Beneficial Reuse/ Secondary Material Wastes

Special Waste: Tires, C&D Debris, Appliances, E-waste

Recyclable Materials

General Refuse/ Trash

Scope of Hazardous Waste Regulations – Pollutants and Characteristics

Characteristics of Hazardous Waste Ignitable (flash point < 140 F, spontaneously ignitable, or an

Oxidizer)

Corrosive (pH <2 or > 12.5, Corrosive to Metal)

Reactive (Explosive, Capable of Violent Reaction or release of toxic gas or explosive vapor when heated, pressurized, or upon contact with water)

Toxic (harmful of Fatal when ingested or absorbed) by TCLP Heavy metals (such as, arsenic, cadmium, mercury, lead, chrome, silver)

Toxic Organics (chlorinated solvents, cresol, pesticides, MEK)

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Typical Requirements for Hazardous Waste Generators

Written Hazardous Waste determination for each solid waste at the point of generation; consider exemptions, review periodically

Profile wastes for disposal; Determine Land Disposal Restrictions

Determine generator status; Keep monthly record of generation

Obtain Hazardous waste generator ID#, if needed

Satellite Accumulation? Treatment on-site during accumulation?

Hazardous Waste Contingency Plan, Emergency Preparations

Waste Minimization / Pollution Prevention Plan

Conduct daily/weekly inspections of tanks/accumulation areas

Annual Employee Training

Solid and Hazardous Waste –Typical Issues

Keeping waste containers closed, properly labeled and keeping wastes segregated

Minimizing air emissions

Manifest tracking and exception reporting

Disposal facility auditing / identifying alternative facilities

DOT Shipper registration, certification & training, if needed

Annual Reporting / Biennial Reporting

Any permit required activities?: Transport, Treatment, Disposal

Secondary Material/ Recycling/ Salable by-products mgmt.

Manage E-Waste, Refrigerated appliances, tires, plastics, cardboard, plastics, & used oil properly

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Universal Waste

Universal wastes are hazardous wastes that are subject to less stringent requirements

Eligible Universal Wastes: Fluorescent Bulbs, Batteries, Mercury Switches, Pesticides, Aerosol Cans (varies by state)

Lead-Acid batteries are exempted if recycled

Intentionally crushed bulbs are typically hazardous waste

Accumulate for up to one year

Date at beginning of accumulation

Keep containers closed

Label as Universal Waste

Petroleum and Hazardous Substance Underground Storage Tanks

Petroleum and regulated substance underground storage tanks (systems with >10% volume underground) must be registered Small farm and residential tanks are exempt

Heating oil, wastewater and flow-through process tanks are exempt

Tanks must meet minimum design and construction standards

Tanks systems must be upgraded to meet applicable standards

Leak detection and inventory control are required

Records of inventory and leak detection must be maintained

Certified operators are required

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Scope of Community Right to Know; EPCRA/SARA Title III Regulation

Requires Public Disclosure of chemicals stored at, and released from, a facility Hazardous Chemical Inventory Reporting (Tier II Inventory

Reports/ SERC Reports)

Toxic Chemical Release Reporting (Toxic Release Inventory Reporting/ Form A, Form R release reports

Requires Community Emergency Planning and Response Planning and Coordination State Emergency Response Commission (SERC)

Local Emergency Planning Committee (LEPC)

Tier II Chemical Inventory Reporting

Annual Reporting Requirement: March 1 due date, update on new chemicals within 60/90 days after storage over threshold

Requires reporting of >10,000 pounds of any OSHA hazardous chemical stored onsite at any one time Certain Exemptions Apply

Requires reporting of any listed Extremely Hazardous Substance (EHS) onsite at >500 or the TPQ, whichever is less

EHS facilities required to participate in emergency planning

Submitted to the State (SERC), County (LEPC) and local fire department

State Electronic reporting; Fees are assessed upon submittal

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Toxic Release Inventory (TRI) Reporting of TRI Listed Chemicals

Annual Reporting Requirement for Manufacturers: July 1due date, based on listed chemical usage above threshold in previous calendar year: (# of FTE Employee and NAICS code limited)

Chemicals manufactured and processed are subject to 25,000 pound per year threshold, while Chemicals otherwise used are subject to 10,000 pound per year threshold

Certain “PBT” chemicals (such as lead and mercury) have very low thresholds (100/10 pounds per year)

Submit TRI reports to USEPA and States via EPA CDX; TRI-ME Web Module

Includes releases to air, water, land and transfers off-site

Scope of Toxic Chemical Regulation (TSCA)

Bans Controls and Restricts Manufacture and use of Materials in Commerce

Asbestos, PCBs, CFCs, Dioxins, Lead

Regulates New Chemical Substances as they introduced into Commerce

Pre-Manufacture Notice (PMNs)

Significant New Use Rules (SNURs)

Requires notification in workplace of adverse chemical reactions

Mandates testing, data collection and reporting

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TSCA Chemical Data Reporting (CDR)

Quadrennial Reporting Requirement for Chemical Manufacturers and Importers: September 30 due date, last due in 2016 for 2012-2015 period

Subject to manufacturers or importers of greater than 25,000 pounds of any substance with CAS # Certain exemptions apply

Has lower Threshold for specifically listed chemicals

Submit to USEPA via EPA CDX; CSPP Web Module, CDR reporting Form: EPA Form U

Includes info on uses on-site, persons exposed, form and distribution in commerce

Other Potentially Applicable Regulatory Requirements

FIFRA: Pesticide Registration, Restricted Pesticide use, and licensed users

Army Corps of Engineers/County Drainage Boards; Stream Alterations, Ponds, Property Improvements

Stormwater Construction Permits; Disturbance of >1acre

DEA/FDA: Pharmaceutical/Food manufacture, distribution, disposal, GMPs

NRC/AEC: Use and disposal of Radioactive or source material

OSHA: Worker safety and health

Fire/ Electric Codes: Fire Protection, Chemical/Material Storage, Wiring

DOT: CDLs, Hazardous Materials Transport, Security

DHS/FBI: Chemical Facility Anti-Terrorism Standards (CFATS)

ATF: Explosive storage, manufacture and distribution

EU Reach/California Prop 65: Carcinogen product labeling, Ingredients info.

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Management Plans and Systems

Management Tools

Managing Regulatory Compliance39

Environmental Management Systems or Plans

Identifies and addresses the known and potential environmentalaspects of your operation; including regulatory obligations.

Promotes planning and forethought.

Requires explicit top management policy-setting and support .

Involves EVERYONE! (not just the "environmental" department)

Sets objectives, tracks metrics and measures performance

Defines roles and responsibilities.

Establishes procedures, training and work instructions.

Focuses on Protection of the Environment, not just compliance

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Basic Elements of an Environmental Management System (EMS)

Develop an Environmental Policy Statement

Identify environmental aspects/risks of your business and products

Identify all legal and other environmental requirements/obligations

Create objectives and targets toward minimizing environmental impacts, prevention of pollution, and life-cycle perspectives

Establish programs to meet the established targets and objectives

Assign Roles and Responsibilities within the organization to ensure compliance and to meet established objectives/targets

Conduct training, communicate and implement the system

Monitor and measure performance of the system

Perform Continual Evaluation and Improvement of the system

Maintaining Environmental Compliance with an EMS

Keep up with changes to regulations and permit terms and conditions

Ensure that systems and procedures and work instructions are implemented to meet any new requirements or obligations

Adjust procedures and conduct retraining as needed to communicate changes

Audit the systems periodically to ensure any changes are implemented, and that compliance is being maintained

Promptly address any deficiencies to systems or procedures observed during auditing

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Environmental Management Tools

Environmental Calendar Helps plan, schedule, and organize required activities

Tailored to be site-specific

Includes applicable regulatory requirements

Identifies dates upon which recurring Reports, Inspections, Tests, Actions, Permit renewals, and/or Fees are due

Includes milestone dates during which data should begin to be collected and compiled

Can be a Spreadsheet, Outlook Calendar, task list, Custom Software Solution, project planner or combinations of all of the above

Questions?

John WellspringKERAMIDA [email protected]

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Tel: (317) 685-6600

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Page |Proprietary © Meritor, Inc. 2016

May 21st, 2019

Fundamentals of EMSPresented By: Cory Riley, CSPEHS Manager Plainfield IN, Pendleton, IN

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Page |46 Proprietary © Meritor, Inc. 2016

EMS Overload? Who Truly Loves Environmental?

46 May 20, 2019

CAACAAOSHAOSHA

Form R

Tier IEPCRA

Permits

Air Inventory

MSDS

Reporting

Inspections

DOT

State Regulators

Employees

Record Keeping

SWPPP

NPDES

What about?-ISO 14001-The New 2015 Standard-Company requirements-Audits-Training-Incident Reports/Reviews-LOTO-NFPA-Meetings-Conference Calls-PPE Management-Forklifts-Fall Protection-Recycling

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Environmental

Health

Safety

Security

Trainer

Other?

Most have all or pieces of each

Does your EHS Department consist of more than one person?

Is there more than shift? Rotating shifts? Etc…

Which one is the highest priority at your facility?

What is your Job Function?

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Review of Calendar for the day and remainder of the week

• EHS functions requires a high level of organization

Daily Walkthrough of the operations

Daily Accountability Meeting

Review of any incidents that took place the prior shifts

Spot check of forklift inspections, hoist sheets, daily environmental related sheets

Maintain any data entry

2-3 meetings minimum

Review any new, modified processes

Perform any audit due for that particular day (LOTO, Layered Audit, 5S, Behavior, SPCC, SWPPP)

Training

Did you or I still get everything done by the end of the day?

Typical Day

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Technology!

Databases

Automated reminders of due dates and check-offs for completion

EHS Committee

Management Involvement

Employee Involvement

Networking (why re-create the wheel)

Outside Services

Tools Available

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How do you know you are completing all the tasks at the right time?

Which one is the highest priority?

How do you know that you are successful or effective?

It’s okay to ask for help!

Final Thought

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environmental management fundamentals – getting started

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