Incorporate Sustainability Action Plans Into Your Preconstruction Submittals

Incorporate Sustainability Action Plans Into Your Preconstruction Submittals

Jun 15, 2022

How to Incorporate a Sustainability Action Plans Into Your Preconstruction Submittals

A Sustainability Action Plans (SAP) is a critical part of any successful sustainable construction project and sustainable business. By creating and implementing a SAP, you can ensure that your construction project will be environmentally responsible and meet or exceed all applicable environmental sustainability standards. These action plans are designed to help both the environment and your build in the present and future. A few issues that it can aid is renewable energy, air pollution, climate change, as well as many other environmental issues. In this article, we will discuss how to incorporate Sustainability Action Plans into your preconstruction submittals.

If you’re a construction project manager, then you know that preconstruction submittals are a critical part of the process. If you are working on a federally funded project, then you have probably been asked to include Sustainability Action Plans and Sustainability eNotebooks.

Incorporating a sustainable action plan into your preconstruction submittals can be a challenge, but it’s worth the effort. Here are six tips to help you get started:

  1. Define what sustainable features are required to include in your project (ie. Sustainability performance, energy usage, etc.)
  2. Do your research on which sustainable materials are available and how they can be used (ie. recycling bins)
  3. Work with your architect and engineers to see how these materials can be incorporated into the design
  4. Make sure that the contractors you hire are aware of your sustainability goals and are willing to work with you to achieve them
  5. Be prepared to make some sacrifices – not all sustainable materials are going to meet project specifications, be prepared to clarify why they won’t work
  6. Remember that a sustainable project is an investment in the future, both for yourself and for the planet

By following these tips, you’ll be on your way to creating a more sustainable construction project!

Define what sustainable features are required to include in your project

Guiding principles and requirements for a viable project are essential and include elements of energy efficiency, bioswales, green roofs, renewable sources, and an effective waste management plan.

These guiding principles should be woven in with the initial design and planning stages of any project to ensure that it is both efficient and environmentally conscious. Any development must maintain the guiding principles set out as required by law. In addition, developing a waste management plan that can be implemented during construction and throughout the life-cycle could be beneficial from a cost perspective as well as from an environmental one.

Sustainable features should always factor into any project if you are looking to keep your operations on track, make your customers happy, and show you are a green business.

Do your research on which sustainable materials are available and how they can be used

If you’re looking to create a sustainability plan, one of the keys to success is researching and finding sustainable materials that can be used to reduce overall waste.

With a wealth of options available today, it pays off to put in the effort to find the viable and suitable sustainability initiatives that can be incorporated into your projects. Sustainable products come at various prices and have different strengths and energy efficiency profiles, so it’s important to evaluate them thoroughly for each project.

Doing your research upfront will ensure you are making informed decisions about incorporating sustainability into your operations. Time spent now creating a sustainability plan will pay off big time in the future!

Work with your architect and engineers to see how these materials can be incorporated into the design

Working with your architect and engineers is the key to successfully incorporating new materials into the design. It’s important to have a well-thought out plan for how best to use these materials so that you get the most out of them without wasting resources.

Take advantage of the insight, knowledge and experience available from your team of professionals – clearly communicate your vision and objectives, then take their advice on board to ensure a successful outcome. Time spent discussing with your architect and engineers upfront is much more profitable than trying to figure it out yourself later down the track.

Make sure that the contractors you hire are aware of your sustainability goals and are willing to work with you to achieve them

If you’re serious about sustainability, you need to make sure that the contractors you bring on have the same commitment. It’s not enough for them to just say they support your goals; they need to also be willing to put in the work and effort.

Do a thorough vetting process and make sure that any personnel working with you are willing to do their part in meeting environmental objectives. If not, it defeats the purpose of having those goals in the first place.

Don’t let anyone slip through the cracks — be vigilant and ensure contractors are up-to-speed on your sustainability plans or else keep looking until you find someone who is.

Be prepared to make some sacrifices – not all sustainable materials are going to meet project specifications, be prepared to clarify why they won’t work

Sustainable materials are integral to any project, but you’ve gotta be prepared to make some sacrifices along the way. While not all sustainable materials may meet your specifications, it’s paramount that you understand why and explain that reasoning.

Don’t expect every viable alternative to perfectly fit your criteria – compromise is the name of the game in order to ensure that our work is as future-proof as possible. Taking shortcuts here will likely come back to bite you down the road, so don’t be afraid to get into the nitty-gritty of why a particular material won’t work for your needs – it could end up being an invaluable lesson.

Remember that a sustainable project is an investment in the future, both for yourself and for the planet

When it comes to sustainability, no effort is too small. Investing in projects that are meant to minimize human damage and preserve the planet for generations to come is essential; if we don’t look out for our environment, nobody else will.

It’s a matter of personal responsibility – taking charge of our own impact on the world around us and recognizing that every action we take can have positive or negative ramifications. It may be expensive up front, but a sustainable project is an investment in both your future and the future of the planet, guaranteed to pay dividends in more ways than one.

For instance, the resources in your project specific Sustainability Action Plans can be converted directly in to a corporate level sustainability program, helping to reduce waste on future projects as well.

Sustainability is important for a number of reasons. It’s not just about being environmentally friendly or socially responsible – though that is certainly part of it. It’s also about creating a project that will be able to stand the test of time, both in terms of its physical durability and its relevance to the needs of future generations.

Developing a sustainable project can be challenging, but it’s definitely worth the effort. If you need help getting started, don’t hesitate to reach out. We’re happy to assist you in developing and implementation of a Sustainability Action Plan for your next Federal Project.

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EHS Management Software

EHS Management Software

Jun 9, 2022

What does EHS stand for?

EHS stands for Environmental, Health, and Safety. This is an important area of focus for many organizations, as it involves making sure that the environment is safe and healthy for employees to work in. It includes creating policies and procedures related to air quality, safety observations, hazardous materials, fire safety, ergonomics, waste management, electrical safety and more. EHS also ensures that employees are trained and kept up to date on safety protocols in order to reduce the risk of accidents and injuries.

EHS professionals and EHS managers strive to create a safe work place and prevent accidents , which is beneficial for both workers and employers alike. By promoting safe practices, companies can save money by reducing liability risks as well as improve employee morale due to a healthier work place. Ultimately, EHS is a key factor in ensuring the safety and well-being of everyone in the workplace.

What are the responsibilities of EHS department?

EHS stands for Environmental, Health and Safety. It refers to the practices of protecting the environment and ensuring that safe health and safety standards are maintained in a workplace or facility.

EHS involves monitoring air quality, assessing hazardous materials and waste disposal as well as ensuring a safe working environment for employees. It also involves educating employees on safe work practices and ensuring that all laws and regulations are followed.

EHS is an important factor in any workplace, as it ensures that employees are safe, the environment is well protected and health risks minimized. It also helps businesses meet their legal obligations to protect the earth and ensure a safe working environment for its workers.

What is an EHS hazard?

An EHS hazard is any activity or circumstance with the potential to cause harm to people, property, or the environment. These hazards can range from physical dangers such as working with hazardous materials, slips and trips in the workplace, and confined space entry to more intangible risks such as mental health issues due to stress and fatigue.

Identifying EHS hazards and developing strategies to address them is an essential part of any safety management system. It is important to take the time to assess all potential risks and develop a comprehensive safety plan before beginning work in any area. Doing so will help protect employees, customers, and the environment from harm while also keeping fines and costs low.

What is an EHS management system?

An EHS management system (or EMS) is a comprehensive approach to managing an organization’s environmental, health and safety program. It covers the full range of activities necessary to meet legal obligations, improve performance and reduce risks.

An effective EHS management system helps to identify and prioritize areas of risk or concern as well as create consistent processes for dealing with any identified risks. It provides a structured framework for continuous improvement and sets out procedures for monitoring and auditing the system to ensure that it is effective.

Additionally, an EHS management system can be used as a tool to manage regulatory compliance, identify operational efficiencies and support organizational sustainability initiatives. An EHS management system can help businesses move towards a more sustainable and responsible future.

Why is EHS management needed?

EHS management is essential in any institution or organization, regardless of its size or industry. It establishes a safe and healthy work environment while minimizing the risk of injury, illness, and damage to the environment.

EHS management programs seek to identify, manage, and mitigate potential hazards by implementing a systematic approach to safety and health. They ensure compliance with regulatory requirements and help avoid costly fines and legal liabilities.

Furthermore, adopting EHS management practices can boost employee morale, increase productivity, and improve a company’s reputation as a responsible and sustainable business. Organizations that prioritize EHS management can decrease workplace incidents, enhance operational efficiency and performance, and ultimately add significant value to their business.

EHS and The Environment

EHS is a vital component of corporate social responsibility, and it is essential to preserve our natural environment. EHS departments work tirelessly to ensure that buisnesses do not harm the environment through their activities. EHS protects the environment in several ways.

Firstly, it formulates strict guidelines for waste disposal, air quality, and water management, which companies must comply with. Secondly, EHS conducts environmental audits, monitor energy consumption, and tracks carbon emissions to ensure companies adhere to sustainable practices. Furthermore, EHS also collaborates with government agencies to design new environmental policies and keeps abreast of the latest regulatory changes to ensure businesses comply promptly and maintain a clean slate.

Finally, EHS promotes environmental awareness throughout the company and educates employees about sustainable practices that can help save energy and reduce waste. Therefore, EHS is one of the most crucial departments in preserving our planet’s health, and we should support their work.

What Is EHS Software?

EHS software is a technology solution that helps organizations manage workplace safety and reduce environmental risks. The software typically includes modules for occupational health and safety, environmental compliance, incident management, risk assessments, audits, and reporting.

EHS system enables businesses to implement their EHS processes and improve visibility into their EHS performance, allowing them to proactively identify and address potential risks. Additionally, EHS software helps businesses comply with regulations and standards such as OSHA, EPA, and ISO 14001, which can ultimately reduce legal and financial risks.

With the increasing focus on sustainability and corporate social responsibility, EHS system is becoming an essential tool for businesses to ensure they operate ethically and responsibly.

ComplianceQuest and Salesforce – a winning combination

ComplianceQuest is the leading cloud-based enterprise compliance and quality management platform. It offers integrated solutions for a wide range of industries, including healthcare, aerospace, manufacturing and life sciences.

The platform provides tools that streamline processes such as document management, audit tracking, risk assessment and corrective action management. The platform can also be customized to fit any organization’s unique needs. ComplianceQuest is seamlessly integrated with Salesforce, providing customers with an even more powerful solution for meeting their compliance and quality goals.

By leveraging the power of Salesforce, customers can easily access compliant data, improve risk management and optimize operational efficiency. With ComplianceQuest’s integration into Salesforce, organizations have an easy to use, comprehensive tool to ensure compliance and quality in their operations.

How can CQ EHS Management Software help companies?

ComplianceQuest EHS Management Software provides companies with a powerful, easy-to-use platform to help them meet their environmental, health and safety (EHS) goals. Its cloud-based system offers an intuitive user experience and advanced analytics to provide comprehensive visibility into organization’s EHS status.

With ComplianceQuest, companies can create customized dashboards to track data, manage tasks and stay on top of issues in real-time. The software also features automated workflows, notifications and corrective action tracking that help ensure compliance with local, state, national and international regulations.

By using ComplianceQuest EHS Management Software, companies can proactively manage their risks and resources to achieve a better environmental health and safety performance.

Need Help?

Our team of experts can help you with whatever compliance issues you may be facing. Whether it is understanding the complexities of a given regulation or recognizing where your company needs to improve, we have the necessary skills and experience to provide assistance. We will take the time to understand your unique needs and develop tailored solutions that address those needs. For facilites looking for help navigating the often perplexing regulatory landscape, contact us today!

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What is EPA’s General Duty Clause? Where is It?

What is EPA’s General Duty Clause? Where is It?

May 26, 2022

Does This Apply To You?

iSi can help determine which of these options apply to your facility, and help you make sure you’re on the right track in getting the necessary documentation and processes in place.

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In our blog, we’ve looked at OSHA’s General Duty Clause, including issues that are commonly cited under the General Duty Clause.  Did you know that EPA has a General Duty Clause too?

Who Does It Apply To?

The EPA General Duty Clause can be found in the Clean Air Act, Section 112(r)(1).  It states companies that produce, process, handle or store hazardous substances/chemicals have a primary duty to identify release hazards and prevent chemical accidents.

If your company doesn’t fall under EPA’s Risk Management Plan (RMP) requirements, you will fall under EPA’s General Duty Clause.

General Duty Clause vs. RMP

If you produce, process, handle or store hazardous substances/chemicals, you will need to comply with either the EPA General Duty Clause or RMP, based on your operations.

The requirements for RMP can also be found in this same Clean Air Act Section 112(r) as the General Duty Clause, and it also applies to the same types of facilities who use hazardous chemicals.  However, RMP is focused on one or more of 140 targeted toxic or flammable chemicals that have the potential to be released at certain threshold quantities.  Some examples of the 140 chemicals included are ammonia, chlorine, propane, formaldehyde and sulfur dioxide.

RMPs are directly submitted to EPA.  Water treatment plants, agricultural COOPs and chemical manufacturers are typical types of companies who need to comply with RMP.

RMPs must include:

  • Potential effects of a chemical accident
  • Hazard assessments
  • 5-year accident history
  • Evaluation of worst-case scenarios and alternative accident release potentials
  • Prevention programs that include safety precautions, maintenance, monitoring, and employee training measures
  • Emergency response program that lists emergency health care, employee training measures, procedures for informing the public.

 What is Required by EPA’s General Duty Clause?

In an EPA inspection, the inspector can ask your company to produce information to show you are complying with the General Duty Clause.  To be compliant, companies are required to address the following 3 topics, with examples for each.

1.  Identify hazards which could occur if an accidental release happens.

  • Identification of related environmental, health and safety hazards
  • Identification of potential release scenarios through experience/industry research, analysis and logic trees, or “What If” brainstorming
  • Determine the consequences in each scenario

2.  Design and maintain a safe facility. (By putting features such as these in place:)

  • Design safety codes
  • Use of less hazardous chemicals when possible
  • Equipment quality control procedures,
  • Using alternate processes
  • Process siting
  • Using safety technology where possible
  • Standard Operating Procedures
  • Employee training
  • Change management
  • Incident investigation programs
  • Self audits
  • Preventative maintenance programs

3.  Determine potential consequences of accidental releases and minimize them.

  • Development of an Emergency Response Plan that contains, at a minimum: anticipated releases, mitigation, notification process to local responders and local responder involvement
  • Coordination with local emergency response officials including the local emergency planning committee
  • Training for “out of the norm” circumstances
  • Periodic exercises using your plan, training, and equipment practicing response, evacuation, sheltering-in-place, and worker’s ability to perform in the event of an emergency

Inspectors will also be looking into the thoroughness of your process hazard analyses, your evaluations, and the elements you’ve put into place, and whether or not they apply to your current operations.

Which One Applies to Your Facility?

Because the RMP is specific to certain chemicals and thresholds, all companies with the potential for accidental chemical releases may not fall under its requirements.  However, if RMP does not apply to your company, then the EPA General Duty Clause will.  

Which one applies to your facility?  Have you completed all the necessary analyses required? Do you have all the programs, processes and training in place?  If the answer to any of these questions is no, then iSi can help.  Contact us today for more information.

Curtis Leiker, CSP
Curtis Leiker, CSP

Contributing:

Curtis Leiker, CSP

Certified Safety Professional |  ISO 45001 and 14001 Lead Auditor

Curtis Leiker, CSP is a project manager at iSi Environmental. Besides assisting companies with ISO 14001 and 45001 implementation, Curtis manages environmental and safety programs, reporting and compliance issues for aviation, general industry and agricultural facilities. He’s able to see the big picture, but focus on the details and enjoys working to solve EHS issues.

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Environmental, Health, and Safety (EHS) Compliance

Environmental, Health, and Safety (EHS) Compliance

May 12, 2022

Environmental, Health, and Safety (EHS) Compliance is important for companies. EHS compliance is a term used to describe a company’s efforts to meet environmental, health, and workplace safety standards set by government agencies or other groups.

ehs compliance

Companies must meet environmental, health and safety standards set by government agencies or other groups in order to be EHS compliant. These standards help protect employees, the public and the environment from potential risks. By adhering to these standards, companies can avoid costly penalties and damages.

What is EHS Compliance?

EHS compliance is important for companies because it ensures that they are following standards set by government agencies or other groups. There are many benefits to becoming EHS compliant, including reducing the risk of fines, improving workers safety, protecting the environment and increasing sustainability.

Why Companies Should Maintain EHS Compliance

There are many reasons why companies should become EHS compliant. Some of the benefits include reducing the risk of fines, improving worker safety and protecting the environment. Becoming EHS compliant and keeping a regulatory compliance management system can also help business save money in the long run by reducing the number of accidents and avoiding costly fines through applicable EHS regulations.

EHS compliance water test

How to Become EHS Compliant

There are a few steps businesses can take to become EHS compliant. The first step is to identify the EHS standards that apply to your company. Once you know what standards you need to meet, you can create a plan to become compliant. This may include hiring an EHS consultant to help you develop and implement a strategy to become EHS compliant. Through consulting, an audit program, workplace safety training and annual reviews, your company can become and continue to be EHS compliant. To ensure EHS compliance decrease business risk, it is proved wise for businesses to have management systems in place to stay up-to-date on EHS regulations and the ongoing compliance process. In leading companies, a good management system or even EHS managers can create a compliance culture to help mitigate risk, impact workers safety, verify compliance, improve employee training and integrate EHS regulatory requirements in every day business at your firm.

What are the Six Steps to Compliance?

  1. Stay up to date on changing laws and regulations
  2. Invest in auditing by hiring an outside consulting firm
  3. Enforce new procedures to keep workers safe
  4. Develop training content to support operations
  5. Schedule audits quarterly or annually
  6. Create a culture of accountability with upper management

Laws & Regulations

Strict guidelines are put in place to help maintain corporate standards. Environmental regulations can change at the federal and state level. This causes company regulations to change annually requiring businesses to adhere to ever changing requirements. It may seem like a daunting task but there are a myriad of resources available to your organization. Take time to review the latest press releases from the regulatory compliance bodies applicable to your business operations (create a Google News alert for this). Though these press releases might be stuffed with legal language, they also provide actionable insights for EHS Managers.

EHS compliance auditor

What is an EHS Audit?

An EHS audit will allow a business to set up and maintain proper management systems and comply with. An EHS management system will not only help keep a business in compliance but it will also address EHS risks, EHS issues, help you avoid fines, keep employees safe, and track regular inspections for you. A good audit will include review of business operations and compliance programs.

For example, a safety auditor will look for specific risk related to workers exposure to respiratory hazards, physical hazards such as sources of hazardous energy and confined spaces, training programs and written programs.  Environmental auditors will look for required reporting and inspections, permits, discharges and programs.

What is Auditing Protocol?

Whether your are trying to improve your sustainability metrics or EHS management is your sole concern, a solid auditing protocol is one of the top responsibilities of a good auditor. The protocol should always start with a review of previous non compliances for the organization, identify what procedures were implemented, and document the impact of those changes to operations. An auditor will create a matrix documenting current programs, identify any employees’ training non compliances, and evaluate the internal resources available to the compliance programs.

EHS audit

Conclusion

EHS compliance is important for your business to comply with industrial regulations. For many firms, regulatory compliance with these industry regulations is required in order to keep their business license up-to-date. iSi has an audit program and virtual audits which can help firms, organizations, and most business owners become and stay compliant. While cultivating a safe working environment, you will also be able to stand by your company’s reputation. Contact us today to learn more.

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EPA Proposes Rule Expanding Facility Response Plan Requirements

EPA Proposes Rule Expanding Facility Response Plan Requirements

Apr 28, 2022

EPA has issued a proposed rule that would require many non-transportation-related facilities to develop a Facility Response Plan under the Clean Water Act, based on planning for worst-case scenario discharges.  This proposed rule significantly increases the number of facilities who may need a Facility Response Plan and increases the number of hazardous substances to be considered when making a compliance determination.

EPA’s goal is to make onshore non-transportation facilities determine if they could reasonably be expected to cause substantial harm to the environment by discharging one of the 296 Clean Water Act hazardous substances into or on navigable waters, the shoreline or exclusive economic zones.  If the facility meets the criteria, then they’ll be required to prepare a Facility Response Plan that plans for worst case scenarios.

This rule is a result of a settlement EPA made in a 2019 lawsuit from the Natural Resources Defense Council and others.  The suit claimed EPA was required, but failed, to make non-transportation-related facilities that could cause substantial harm to plan, prevent, mitigate and respond to worst case spills of hazardous substances.  The consent decree requires EPA to take final action on a rule addressing worst case discharge plans for hazardous substances before September 2022 and this is the result of that.

What Industries are Affected?

The new rule would apply to the following NAICS code groups:

111 Crop Production
115 Support Activities for Agriculture and Forestry
211 Oil and Gas Extraction
212 Mining (except Oil and Gas)
213 Support Activities for Mining
221 Utilities
311 Food Manufacturing
314 Textile Product Mills
321 Wood Product Manufacturing
322 Paper Manufacturing
324 Petroleum and Coal Products Manufacturing
325 Chemical Manufacturing
326 Plastics and Rubber Products Manufacturing
327 Nonmetallic Mineral Product Manufacturing
331 Primary Metal Manufacturing
332 Fabricated Metal Product Manufacturing
333 Machinery Manufacturing
335 Electrical Equipment, Appliance, and Component Manufacturing
336 Transportation Equipment Manufacturing
423 Merchant Wholesalers, Durable Goods
424 Merchant Wholesalers, Nondurable Goods
441 Motor Vehicle and Parts Dealers
444 Building Material and Garden Equipment and Supplies Dealers
447 Gasoline Stations
453 Miscellaneous Store Retailers
488 Support Activities for Transportation
493 Warehousing and Storage
511 Publishing Industries (except internet)
522 Credit Intermediation and Related Activities
562 Waste Management and Remediation Services
611 Educational Services
622 Hospitals
811 Repair and Maintenance
812 Personal and Laundry Services
928 National Security and International Affairs

How Do You Know if It Affects Your Company?

To determine if this applies to your company, there are three criteria to consider.

  1. Maximum Capacities Stored Onsite

Determine if your maximum capacity for any of the 296 Clean Water Act-identified hazardous substances meets or exceeds 10,000 times the reportable quantity in pounds.  The reportable quantities for each hazardous substance are different.  Some may be 5000 lbs. (hydrochloric acid, acetic acid), others may be 1000 lbs. (nitric acid, phenol), some may be 100 lbs. (hydrogen sulfide, formaldehyde), others may be 10 lbs. (benzene, nitrogen dioxide, sodium) and some may be 1 lb. (PCBs, arsenic, diazinon).

  1. Location

Next, determine if your facility is one half mile of a navigable water or conveyance to a navigable water.  The definition of a navigable water has been under debate for a number of years and has changed between the different Presidential administrations.

  1. Substantial Harm Criteria

Last, do you meet any of the substantial harm criteria.  That is, will you:

  • Do you have the ability to adversely impact a public water system?
  • Could you cause injury to fish, wildlife and sensitive environments?
  • Do you have the ability to cause injury to public receptors?
  • Have you had a reportable discharge of a Clean Water Act hazardous substance within the past 5 years?

If you meet the substantial harm criteria, you would need to submit your Facility Response Plan to the EPA.  Existing facilities that meet the criteria on the effective date of the rule would have to submit a Facility Response Plan within 12 months.

What is a Facility Response Plan (aka, an FRP)?

FRPs are required per 40 CFR 112.  Current criteria says if you have over 42,000 gallons of oils and are transferring them over water to/from vessels, or if you have over 1,000,000 gallons and meet other certain criteria, you are required to have one. Facility Response Plans requirements are from the Federal Water Pollution Control Act.

Public Comment

EPA is taking public comments on the proposed rule until May 27, 2022.  More information, including links to the public comment site can be found HERE.

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We Can Help You Determine if This Will Apply To You

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Sustainability Consulting for the 21st Century

Sustainability Consulting for the 21st Century

Mar 1, 2022

The modern world is a sustainable one. It’s time for your business to join the ranks of those who are making a difference.

Sustainability has become one of the most important topics of our time. As the world becomes more and more aware of the environmental, social, and economic challenges we face, more and more businesses are looking for ways to operate in a more sustainable way.

That’s where sustainability consulting comes in. A sustainability consultant helps businesses identify opportunities to operate in a more sustainable way. This can mean anything from reducing energy consumption to increasing employee engagement in sustainability goals.

Sustainability consultants come from a variety of backgrounds, but all share a common goal: to help businesses move towards a more sustainable future with sustainability services.

The good news is that sustainability consulting is one of the fastest growing industries in North America and the world. The bad news is that it can be hard to know where to start when it comes to finding a sustainability consultant that’s right for your business.

Here are four tips to help you find the right sustainability consultant for your business:

1. Define your sustainability goals and ESG strategy.

What does your business want to achieve by working with a sustainability consultant? Do you want to reduce your carbon footprint in your global business? Develop more robust sustainability strategies? Achieve sustainable development goals? Incorporate sustainability solutions and a sustainable infrastructure into your business strategy? Improve employee engagement? Need risk management? Find ways to save money.

Once you know what you want to achieve, you can start looking for consulting firms that specialize in those areas.

2. Identify a budget.

Do your sustainability ambitions match resources available for the project? Does the ESG (Environmental Social and Governance) strategy align with your corporate growth strategy?

It is recommended to present a sustainability strategy internally, that outlines tiers of investment and the types of sustainability performance to be expected per expenditure.

3. Do your research.

Do a deep dive in the sustainability consulting services universe. Once you’ve identified some consulting firms that might be a good fit, take some time to learn about their backgrounds and experience and nail it down to your favorite consulting firm.

How long have they been working in a sustainable business? What are some of the clients they’ve worked with? What do other people say about them? Top consulting firms offer diverse corporate responsibility solutions and professional services across a wide swathe of industry sectors.

4. Ask for recommendations.

Talk to other businesses in your industry and see if they’ve worked with any sustainability consulting firms that they would recommend. If you know someone who works in sustainable business, ask them for their thoughts on different consultants.

The best way to find a good consultant in the large world of the consulting industry is through word-of-mouth from people who have worked with them before.

A global management consultancy will have the general pulse on corporate social responsibility. Top sustainability consulting firms will be a global leader in change management and integrated business planning.

The best ones possess deep expertise in the management of business risk and climate risk, while working with you to embed sustainability into your culture.

These days, there’s no excuse for not being sustainable, not manage risk, and not create sustainable business models.

Future leaders and businesses that don’t take steps to operate sustainably will not only be missing out on opportunities and losing business value, but will also be left behind as society progresses towards a more sustainable future.

These can be complex problems. Sustainability consulting is one of the best ways for businesses to make sure they’re operating sustainably and making a positive impact measurement on the world around them.

iSi Environmental is a leading provider of environmental consulting and management consulting services in the United States and we are committed to protecting the planet and its inhabitants with the skills and knowledge of our people. With us you get long term value.

Senior Executives and Sustainability Teams turn to us when:

  • Their team is short on time and resources to achieve organizational sustainability strategy
  • They need hands-on implementation of new compliance processes
  • They need to integrate sustainability at multiple locations
  • Also turn to us when looking to roll local best practices into a global corporate system

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The Top 4 Facility Response Plan Issues Found by EPA

The Top 4 Facility Response Plan Issues Found by EPA

Dec 9, 2021

EPA has reviewed inspection data from its regional offices to get an idea of the most common Facility Response Plan and SPCC (Spill Prevention, Control and Countermeasures) Plan deficiencies.  The goal of the review was to help EPA determine how clear their rules were to help companies comply with the regulations.  [Check out the SPCC Plan deficiencies here.]

What is a Facility Response Plan (aka, an FRP)?

Facility response plans are required per 40 CFR 112. If you have over 42,000 gallons of oils and are transferring them over water to/from vessels, or if you have over 1,000,000 gallons and meet certain criteria, you are required to have a Facility Response Plan. Both the SPCC Plan and Facility Response Plan are from the Federal Water Pollution Control Act.

EPA’s Review

The data was reviewed for companies who also had both Facility Response Plans and SPCC Plans, with a preference for companies with higher oil storage capacity.  The Facility Response Plans facilities had an average aggregate oil storage capacity of 69,000 to 857 million gallons of oil, with a worse case scenario discharge planning volume of 94,000 to 20 million gallons.  EPA found an average of 4 issues per plan.

Top 4 Facility Response Plan Deficiencies (in Order)

  1. Diagrams (1.9) – 31 of the 55 had this deficiency
    • This includes site plans, evacuation plans and drainage diagrams.
  2. Discharge Scenarios (1.5)
    • This includes discussion and plans for worse-case discharge.
  3. Vulnerability Analysis; Hazard Evaluation (1.4. 2 and 1.4)
    • This would be spill history and analysis of discharge potential.
  4. Plan Implementation  (1.7)
    • This would be a description of containment and drainage planning, disposal plans and response resources.

Other Issues Found

  • Lack of details about response equipment. (1.3, 1.3.2)
  • Companies didn’t include key information from their Emergency Response Action Plans (ERAPs) (1.1)
  • Not conducting required preparedness drills and exercises (1.8)
  • Not training personnel on appropriate oil spill response measures.

Do you have any of these issues with your own Facility Response Plan? Are you required to have an FRP? We can help! We can review your plan for compliance to these issues, prepare updates, or provide the required training or scenarios you need to conduct to your employees. Contact us today!

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EPA Names Most Common SPCC Plan Deficiencies – Do You Have Any of These?

EPA Names Most Common SPCC Plan Deficiencies – Do You Have Any of These?

Oct 11, 2021

EPA recently reviewed inspection data from its regional offices to get an idea of the most common SPCC (Spill Prevention, Control and Countermeasures) Plan deficiencies.  The goal of the review was to help EPA determine how clear their rules were to help companies comply with the regulations.

The data was reviewed for companies who had SPCC Plan issues, with a preference for companies with higher oil storage capacity and who also had to have Facility Response Plans (FRPs) onsite as well.  Inspection data was reviewed for 120 companies with oil storage capacity between 4,000 gallons and 857,000,000 gallons.

Of those, 10 companies didn’t have an SPCC Plan.  Of the remaining, they found that the companies averaged 4 issues with their plans.

Top 9 SPCC Plan Deficiencies (in Order)

  • Plan Content, Certifications & Reviews (112.3, 112.5, 112.7) – 119 of the 120 had this deficiency
  • General Secondary Containment (112.7)
  • Testing and Inspection: Integrity Testing (112.8, 112.12)
  • Sized Secondary Containment (112.8, 112.9, 112.12)
  • Drainage (112.8)
  • Piping: General (112.8)
  • Piping: Inspections (112.8, 112.9)
  • Discharge Prediction (112.7)
  • PE Certification (112.3)

Some examples of these include:

  • Inadequate or no documentation of the required 5-year review of the plan;
  • Failure to address required containment for piping;
  • Failure to address integrity testing of bulk storage containers;
  • Failure to demonstrate that secondary containment met the requisite size of design requirements; and,
  • Failure to provide procedures for controlling stormwater discharges from diked areas.

Do you have these issues with your own SPCC plan?   Are you required to have an SPCC Plan?  Check out our blog about SPCC plans, or contact us today to help.  We can review your plan for compliance to these issues, conduct the required 5-year update, or provide the required training you need to conduct to your employees.  Contact us today!

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RCRA Air: What Air Regulations are in the Hazardous Waste Standards?

RCRA Air: What Air Regulations are in the Hazardous Waste Standards?

Sep 23, 2021

In our blog article about EPA’s compliance initiatives, EPA said a number of facilities were not complying with RCRA air requirements and as a result, inspectors were being directed to look at these items in inspections.  So, what are the RCRA air requirements, and who is affected by them?

RCRA air regulations pertain to organic air emissions from equipment used for hazardous waste.  There are 3 different standards – Subparts AA, BB and CC – and each are specific to the type of equipment being used. 

Subpart AA deals with process vents used for treating/recycling hazardous waste, Subpart BB deals with equipment leaks and Subpart CC deals with tanks, containers and surface impoundments. All Subparts are focused on controlling emissions from the specific Subpart processes.

Subpart AA

Some equipment examples for this Subpart would include vents associated with solvent extraction, air stripping, steam stripping, thin-film evaporation, and distillation and fractionation columns. 

To be regulated, the unit must:

  • Be permitted or in interim status;
  • Be a recycling unit at a facility that has a RCRA permit or is operating under an interim status due to some other hazardous waste management operation (such as a RCRA-permitted storage tank); or,
  • Be a 90-day container or tank.
  • The hazardous waste being treated or recycled must contain at least 10 ppmw total organics.

Exemptions:

  • The recycling unit is at a facility that has no RCRA permit and is not operating under an interim status; or,
  • Your facility is equipped and operating with air emissions controls complying with other air regulations (CAA, NSPS, NESHAP, MACT) in 40 CFR Parts 60, 61 or 63 for each affected process vent.

Requirements:

If this regulation applies to you, then you’re required to first determine the emissions from all of those vents and if it’s less than 3 lbs/hour and 3.1 tons/year, no controls are required.  However, if it’s that rate or more, your facility must either find a way to reduce those emissions or use control devices that will reduce total organic emissions from all affected process vents by 95%. 

Subpart BB

This subpart is about equipment found in hazardous waste pipelines or the ancillary equipment associated with a hazardous waste tank.  These can be valves, pumps, compressors, pressure-relief devices, flanges, connectors, sampling connection systems or open-ended lines/valves.

To be regulated, the equipment must:

  • Be part of a permitted or in interim status unit;
  • Be part of a recycling unit at a facility that has a RCRA permit or is operating under an interim status due to some other hazardous waste management operation (such as a RCRA-permitted storage tank); or,
  • Be part of a 90-day container or tank.
  • The hazardous waste in the equipment must contain at least 10% total organics by weight.
  • The equipment must be in contact with or contain the hazardous waste for at least 300-hours per calendar year.

Exemptions:

  • The recycling unit is at a facility that has no RCRA permit and is not operating under an interim status;
  • The equipment is operated, monitored or repaired in accordance with air regulations (CAA, NSPS, NESHAP, MACT) for fugitive equipment leaks from 40 CFR Part 60, 61 or 63; or,
  • The equipment is in vacuum service because leaks would go back into the equipment.
  • If the facility can document that the equipment is flushed out between campaigns so that it contacts or contains the hazardous waste for less than 300-hours per calendar year, it is exempt.

Requirements:

If this regulation applies to your company, you’ll be required to implement an LDAR program (Leak Detection and Repair) for the applicable equipment.  LDAR programs are a significant effort and have their own design standards, tagging, and recordkeeping, reporting, inspection and monitoring requirements.

Subpart CC

This regulation applies to hazardous waste tanks, containers and surface impoundments (lagoons, holding/storage pits, ponds, etc).

To be regulated, the equipment must:

  • Be part of a permitted or in interim status unit; or,
  • Be a 90-day container or tank.

Units must receive hazardous waste containing greater than or equal to 500 ppmw volatile organics at the point of waste origination.  For generators, the point of origination is the same as the point of generation.  For TSDF facilities, the point of origination is where the owner accepts delivery/takes possession of hazardous waste.

Exemptions:

  • Satellite accumulation containers;
  • Small Quantity Generators’ 180/270 day tanks and containers;
  • Containers with a design capacity of less than or equal to 26.4 gallons;
  • Units used solely for the onsite treatment or storage of remediation wastes under state or RCRA corrective action or CERCLA;
  • Units not subject to substantive RCRA standards, including wastewater treatment units, elementary neutralization units, immediate response units and totally enclosed treatment units;
  • Units that receive radioactive mixed wastes; or,
  • Equipment with air emissions controls in accordance with air regulations (CAA, NSPS, NESHAP, MACT) in 40 CFR Part 60, 61 or 63.

Requirements:

If this regulation applies to your company, you’ll first need to determine the volatile organic concentration for every hazardous waste managed in one of these units.  If the concentration of every waste entering a unit is less than 500 ppmw, no emission controls will be required. 

Even if your tank contains less than 500 ppmw, if anywhere along the way to the tank from point of origination is 500 ppmw or more, you’ll need the emissions controls.

Tanks

For low vapor pressure wastes, a tank with a fixed roof with no gaps or openings between the roof edge and tank wall can be used.  For all other wastes, there are several options (floating roof, fixed roof with control device, enclosure vented to enclosed combustion device or pressurized tank). Control devices can be a flare or carbon adsorbers.

Containers

There are 3 levels of standards, based on container size.  Level 1 is low vapor pressure wastes in small capacity containers (26-121 gal), 55 gal drums, roll off boxes for soil, and containers greater than 121 gal.  For this level you must use DOT containers, they must have tight fitting covers with no visible holes or gaps, and they need to be closed.

Level 2 is for more volatile wastes in greater than 121 gal containers.  An example would be a tank truck with spent solvent. Here, use DOT containers, they must be closed having no detectable organic emissions, and you must prove they’re vapor tight on an annual basis.

Level 3 is where hazardous waste is being stabilized. They must be connected to a closed vent system to a control device and meet special requirements for being managed in an enclosure.

Surface Impoundments

Emission controls for surface impoundments must have an air-supported or rigid cover that’s vented to a control device or be an HDPE or similar floating membrane with a minimum thickness of 2.5 mm.

Does This Apply to You?

iSi can help you determine if you’re subject to RCRA Air regulations, and which Subpart you’re required to follow.  Contact us today for a price quote!

Do You Need to Comply With This?

Is this regulation something you need to be complying with?  iSi’s consultants can help you figure that out, and help you determine if you qualify for one of the exemptions.

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Sarah Winfrey
Sarah Winfrey

Contributing:

Bria Weast

Environmental and Safety Consulting Manager

A member of our Consulting Services division, Bria works with client facilities for annual environmental reporting and day-to-day environmental compliance assistance.  She also manages iSi project managers.  Bria has conducted well over 100 Phase I environmental site assessments for iSi and is one of the trainers for our Hazardous Waste Management class.

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EPA Discusses Current Compliance, Enforcement Priorities and Initiatives

EPA Discusses Current Compliance, Enforcement Priorities and Initiatives

Sep 17, 2021

At the recent KDHE Environmental Conference, Dave Cozad, Director of the Enforcement and Compliance Assurance Division with Region VII EPA gave an update outlining EPA’s upcoming compliance and enforcement priorities.

Compliance Inspections & Public Posting of Reports

EPA was scheduled to go back out to do more onsite inspections, but the resurgence of COVID put a delay on that.  For the past year they had been doing some announced remote inspections to evaluate compliance.  However, unannounced inspections will eventually resume.  Inspectors will have Smart Tables preloaded before they go onsite.  Their goal is for the report of findings be available in less than 60 days after inspection.

One important comment made was that EPA is working on implementing the public posting of inspection reports.  That is, what is found at your site during an inspection and what’s on your report will eventually be available for anyone to see.

Executive Orders Provide Roadmap

EPA has been given several directives through Executive Orders (EOs), and the issues EPA will focus on will very much be related to these.

These EOs include the following guidelines:

  • Hold polluters accountable, including those who disproportionately harm communities of color and low-income communities.
  • Strengthen and enforce environmental violations with disproportionate impact on underserved communities
  • Create a community notification program to monitor and provide real-time data to the public on current environmental pollution
  • Strengthen enforcement in communities with environmental justice concerns
  • Tackle climate change and enforcement of climate change-related issues

The term “environmental justice”, or EJ, goes along with these directives and will be applied to daily decision making.  To meet the directives, EPA will be spending more of their time looking at regulated industries in these underserved communities and will be strengthening enforcement of violations for cornerstone environmental statutes and civil laws.  Thus, the number of air, wastewater, and hazardous waste inspections in these areas will increase and items such as air monitoring results may be posted for the public to review.

EPA plans on going into these areas and speaking with the people about their enforcement case concerns rather than just determining themselves what EPA thinks they need, as they historically have done.

In the area of climate change, they’ll be targeting cases with greenhouse gas-related requirements and a ban on importing hydrofluorocarbons.  Climate-focused mitigation and resilience will be a part of the efforts.  For example, taking a look at situations like floods where there are chemical plants in floodplains or where sewer systems could have major overflows.

National Compliance Initiatives

National Compliance Initiatives are set goals that follow a certain process and include the states. Because of this, they  are much harder to change from administration to administration.  Some of these have been initiatives for the past 2 years, but give an idea of certain targets of inspections.

RCRA Air

This is hazardous waste emissions via air, where there are regulations related to the quantity of VOCs emitted.  This is for facilities with tanks, surface impoundments and valves.  Inspectors have started making a concerted effort to look at these during their inspections and it’s one of the lesser items focused on by some facilities. Right now 30% of facilities being inspected are not complying with this part of the regulation, and the fines can be $255,000.  What is RCRA Air? Learn more here.

Chemical Accident Reduction – RMP

EPA will be checking that Risk Management Plans are in place and implemented properly for those that are required to have them.  This is related to Clean Air Act section 112(r) for the prevention of accidental releases of chemicals.  Facilities that store and handle large quantities of listed regulated substance in a process, over certain threshold amounts.  EPA inspection data is showing that 50-75% of facilities are not complying fully with RMP.

Creating Cleaner Air for Communities and Drinking Water

We listed these 2 initiatives together because they will be treated similarly under the umbrella of EJ.  Making air and water cleaner has always been a goal, but considering the EOs, a focus on issues with public water systems, lead-based paint and air emissions from inner-city factories helps EPA accomplish more than one goal.  Plus those kinds of issues will affect a large amount of people at once. It becomes a more bang for their buck item, so to speak.

Mobile Source Aftermarket Defeat Devices

EPA is looking to conduct enforcement on companies who make, develop and sell aftermarket devices that bypass, defeat or renders inoperative any emission control device in order to enhance engine performance.  Examples would be plates that partially block a portion of exhaust gas stream, kits that enable the removal of the catalytic converter or the diesel particulate filter or tuners that stop signals from going to the   vehicle’s computer that usually would turn on the check engine light or put the vehicle in limp mode.  EPA’s news updates have been announcing fines for a number of companies recently for violations so this initiative is up and running.

NPDES Permit Compliance

EPA is looking to reduce the significant non-compliance they’re seeing with National Pollutant Discharge Elimination System (NPDES) permits. In an EPA memo to regional administrators regarding this initiative, they identified they wanted to reduce the non­compliance baseline rate by 50% by the end of FY 2022, while assuring that the worst violators are timely and appropriately addressed.

EPA wants its regions and states to work together.  Each state’s rate will be looked at as will its approaches (past and future) to reduce the non-compliance rate, the completeness and accuracy of its compliance data (and why it’s wrong/missing), and how and when they plan on addressing the more severe non-compliance violations.

Over 60% of the non-compliance is attributed to “non-receipt” of Discharge Monitoring Reports (DMRs).  Interestingly, EPA speculates that some of this isn’t all about companies not turning in their reports, but the way the states communicate or handle getting the information into the EPA’s tracking system.  However, make sure you get your DMRs in as this is something that’s on the radar.

If any of these initiatives can be tied back to those EOs, then all the better for EPA and their compliance goals.  For example, in the press release announcing a settlement for one of the companies found selling mobile defeat devices, part of the settlement was for the company to “…replace 3 school busses in a Columbus, OH in the areas of environmental justice concern.” In that same release, the regional administrator said she was “…pleased that the settlement will reduce the impact of pollution in already overburdened neighborhoods.”

EJScreen

EPA has a screening and mapping tool to help them identify areas that may be candidates for environmental justice-related consideration, outreach or programs. EJScreen is considered to be “…a consistent tool that can be used by EPA, its governmental partners and the public to understand environmental and demographical characteristics of locations throughout the United States.”

EJScreen was actually developed in 2010 as a response to an Executive Order by the Clinton Administration.  It is geared to help users identify areas with minority/low income populations, potential environmental quality issues and places where environmental and demographical indicators are greater than usual.  EPA plans to use EJScreen to implement permitting, enforcement, compliance, outreach and enhance geographically-based initiatives.  Facilities who lie within an EJScreen target area will be the ones who will receive the most inspections.

Check out EJScreen at: https://ejscreen.epa.gov/mapper/.

Other Areas

Other compliance hot topic/focus areas mentioned on EPA’s radar include:

  • Children’s health, mainly related to lead
  • Generators without proper status/notifications
  • Asphalt plants using mine tailings from CERCLA sites
  • PFAS
  • “Recycling” facilities
  • Coal combustion residuals
  • Potential return of supplemental environmental projects
  • EPA budget and staffing

Do you see any issues here that may be affecting your company?  Or are you unsure which ones may affect you?  Contact iSi today for EPA and state environmental compliance assistance and advice!

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Sarah Winfrey
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Contributing:

Bria Weast

Environmental and Safety Consulting Manager

A member of our Consulting Services division, Bria works with client facilities for annual environmental reporting and day-to-day environmental compliance assistance.  She also manages iSi project managers.  Bria has conducted well over 100 Phase I environmental site assessments for iSi and is one of the trainers for our Hazardous Waste Management class.

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EPA Warns Incinerator Backlog Could Mean Compliance Issues for Hazardous Waste Generators

EPA Warns Incinerator Backlog Could Mean Compliance Issues for Hazardous Waste Generators

Aug 25, 2021

Many of the nation’s commercial hazardous waste incinerator facilities are notifying customers they’ll no longer accept new waste for a while, says a new memo issued by EPA.  This is because there are backlogs at the incinerator facilities, and they can’t handle any more product.  EPA’s memo, dated August 10, 2021, was mailed to hazardous waste generators as an alert because this backlog is going to affect generator compliance with the regulations.

The Backlog

Incinerators cannot keep up with demand and cite several reasons.  Like most companies, they’re seeing labor shortages both on the transportation end and on the incinerator facility end.  Also, winter storms in the southern U.S. caused shutdowns and there have been additional shutdowns for scheduled and unscheduled maintenance.  Then on top of that, increased manufacturing after the pandemic is creating even more waste and the incinerators can no longer keep up. 

They estimate they won’t be able to resolve the backlog until the end of the first quarter of 2022.  This may create a big problem for manufacturers who send containerized waste for incineration.

The Compliance and Logistics Issues

Some types of hazardous waste must be incinerated to meet land disposal restriction treatment standards. 

Large quantity generators are only allowed to accumulate hazardous waste for a maximum of 90 days.  Small quantity generators are allowed 180 days, or 270 days if the waste must be transported 200 miles or more.

If some of that waste stored onsite is hazardous waste that needs to be incinerated, it presents a problem because at the current backlog estimate, it’s likely it’ll need to stay onsite for longer than those numbers of days. 

Besides going past your time window, this could become a storage issue for your facility.  Where are you going to store those drums until they can be accepted? 

Also, if you have a greater number of hazardous waste drums sitting around, how does that impact site safety and health?  What is your increased potential for spills and emergencies?  You may need to look into temporary secondary containment and alert your local emergency responders that you have more hazardous waste onsite than usual.

EPA’s Guidance

Generators are allowed to submit requests to their authorized implementing agencies (often your state environmental agency), asking for time limit extensions for a 30-day period.  Extensions are issued for “unforeseen, temporary, and uncontrollable circumstances.”  Then that agency has the power to accept or reject the extensions on a case-by-case basis. 

EPA says the agency should determine what the criteria for extensions should be and require some type of proof that you cannot get your waste shipped.  An example would be a letter from the incinerator saying they will not accept your waste due to the backlog in incinerating containerized hazardous waste.  You may be asked to change or look into your practices to reduce the amount of hazardous waste being generated.

TSDF Guidance

EPA says that TSDFs can store waste for longer than 90 days if their permit allows this type of storage activity up to their permit’s container storage capacity limit.  Once this is exceeded, TSDFs can either use temporary authorization procedures found in 40 CFR 270.42 or modify their permit in accordance with Class 2 or 3 modification procedures.  Temporary authorizations are limited to 180 days and can be extended for another 180 days if they have requested permit modifications for the condition covered by the temporary authorization.  Both options require approval by EPA or the authorized state. EPA recommends TSDF facilities notify their regulatory agency ASAP if they think they’ll need either option.

Incinerator News

Clean Harbors recently announced they are adding another 130,000 ton hazardous waste incinerator to their Nebraska facility.  This is only the second new incinerator approved in the last 25 years.  The other one was their El Dorado, AR incinerator that was approved in 2016.  It won’t come online in time to help the backlog situation, however, it should be operational by 2024.

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EPA’s Changes to TRI Reporting: What to Know Before the July 1 Due Date

EPA’s Changes to TRI Reporting: What to Know Before the July 1 Due Date

May 13, 2021

EPA has made some updates, changes and additions to their Toxic Release Inventory (TRI) reporting.  Their focus on environmental justice is evident in many of these changes.

Because the TRI is used as a mechanism to publicly report businesses’ chemical and release information, changes and additions to the TRI is a logical place to start when it comes to EJ’s goal of transparency and giving citizens equal access to information to make decisions on where they live and work.  Thus, this is an easy place to start, and where we may find more changes throughout the year.

TRI reports, aka Form R, also aka SARA 313 reports are due July 1.

What’s Environmental Justice?

EPA defines EJ as:

“The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. This goal will be achieved when everyone enjoys:

  • The same degree of protection from environmental and health hazards, and
  • Equal access to the decision-making process to have a healthy environment in which to live, learn, and work.”

EPA has an entire section dedicated to EJ on its website.  They even have a mapping and search tool called EJSCREEN that combines environmental and demographic indicators in maps and reports.

Changes in Some de Minimis Percentages

EPCRA Section 313 and chemical categories are subject to a 1% de minimis concentration unless the substance has been named a carcinogen or potential carcinogen. That is, when you’re determining thresholds of chemicals, some chemicals can be exempt from reporting if you have minimal concentrations of non-Persistent Bioaccumulative Toxic (PBT) chemicals in mixtures.  This is called a de minimis exemption.  The following chemicals have had their de minimis percentages altered from 1% to 0.1% because they are now OSHA carcinogens:

Reporting Year 2020 (due July 1, 2021)

  • Pyridine
  • Methyl acrylate
  • Quinoline
  • Vinylidene chloride

Were Changed for Reporting Year 2019 (due last year)

  • N,N dimethylformamide (CAS 62-12-2)
  • 2-mercaptobenzothiazole (CAS 149-30-4)
  • Molybdenum trioxide (CAS 1313-27-5)

Supplier Notifications

Don’t forget that companies who process or manufacture TRI-listed chemicals or chemical mixtures are required to send annual supplier chemical notifications per EPCRA Section 313.  For more details on who and what that entails, check out our blog “Annual Supplier Notifications: Does This Affect Your Company“?

Per- and Polyfluoroalkyl Substances (PFAS) Reporting

The 2020 National Defense Authorization Act requires a PFAS to be added to TRI when it meets a certain criteria.  For reporting year 2020, EPA added 172 PFAS chemicals.  The threshold for those is 100 pounds, manufactured, processed or otherwise used.  If you use any of these chemicals, these should be included in your reporting year 2020 reports, due July 1, 2021.

For the 172 PFAS chemicals, the de minimis concentration for perfluorooctanoic acid (PFOA) is 0.1%.  For all other PFAS chemicals, the de minimis level is 1%.

So far for the 2021 reporting year, EPA has added three new PFAS: perfluorooctyl iodide, potassium perfluorooctanoate and silver(I) perfluorooctanoate.  These also have the same threshold of 100 pounds. EPA will be adding more as they come along.  EPA is anticipating that perfluorobutane sulfonic acid (PFBS) will be the next one added.

For more information about the 172 PFAS chemicals, go to EPA’s site here.  For guidance on PFAS reporting, you can visit the special PFAS guidance here.

PFAS Fire Suppression Foam

Fire suppression aqueous film forming foam (AFFF) is a common PFAS chemical.

For this chemical, if it is released for system testing, training or to suppress a fire, it’s considered otherwise use and needs to be reported on your TRI.

If it’s not used onsite, but just stored there, it’s not considered an activity and does not need to be reported.  Only when it’s released from a fire suppression system is it considered an activity (that is, manufacture, process or otherwise).

If you use the fire foam offsite it’s not included in the threshold.

TSCA Work Plan and High-Priority Chemicals

EPA would like to add chemicals that are listed on the Toxic Substances Control Act’s (TSCA) Work Plan.  The TSCA Work Plan is a list of 90 chemicals under further assessment by EPA.  Those chemicals are chosen based on their potential for high hazard and exposure. As an example, the first 10 of those 90 chemicals currently under review include:

  • 1,4-Dioxane
  • 1-Bromopropane
  • Asbestos
  • Carbon Tetrachloride
  • Cyclic Aliphatic Bromide Cluster
  • Methylene Chloride
  • N-methylpyrrolidone
  • Pigment Violet 29
  • Tetrachloroethylene, aka Perchloroethylene
  • Trichloroethylene

EPA would also like to take a look at adding other chemicals from a list of 25 chemicals suggested for addition by the Toxics Reduction Institute in Massachusetts.  The group petitioned EPA to add 25 more chemicals to TRI.  EPA is evaluating those to determine if they meet the EPCRA 313(d)(2) criteria.   Some examples of these include:

  • 1, 2, 3-Trichlorobenzene
  • 1,3-Dichloro-2-propanol
  • n-Propyl Bromide (1-Bromopropane)
  • Formamide
  • 1,1’-Azobis (Formamide)
  • Nitrilotriacetic Acid, Trisodium Salt
  • N, Ndimethylacetamide
  • Hexahydrophthalic Anhydride

Facilities Added to TRI Reporting Requirements

Natural Gas Processing Facilities

Natural gas facilities will be an included type of facility on the Emergency Planning and Community Right to Know Act (EPCRA) Section 313.  Thus, those facilities will need to submit reports to TRI.  EPA wants to make sure natural gas processors’ chemical releases and waste management activities with TRI-listed chemicals are available to the public because millions of people live within 30 miles of at least one natural gas processing facility.

Contract Sterilization Facilities

Further reporting of ethylene oxide (EtO) will be required on the TRI.  Specifically, contract sterilization facilities have been called out as types of facilities this will affect.  EtO is used to sterilize medical devices and to make certain chemicals.  Contract sterilization facilities currently are not required to report, but they will be required in the future.  EPA says that these facilities often are located in areas with environmental justice issues, affecting those who work there and live around them.  Adding these facilities to the list will give more information about EtO releases and allow EPA to respond to the health and environmental threats they cause.

Adding More TRI Tools for the Public

EPA wants to make TRI data even more useful and accessible for the public.  As a result, they want to make the following additions:

  • Add a demographic profile section to TRI so that you can search by income profile and race, similar to what’s available on EJSCREEN;
  • Launch a Spanish version of the TRI; and,
  • Promote the Pollution Prevention (P2) information that companies are required to include in their TRI reports. EPA hopes that this will encourage the community to work with the TRI facilities to increase their P2 efforts and reduce releases in the community.

There are currently no timetables for completion of these new goals and additions.  iSi will keep you updated as we see changes and additions finalized and added to TRI or EPCRA.

Check Out These Related Articles!

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What is a Toxic Release Inventory (aka TRI, SARA 313, Form R) Report, Due July 1st?

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PFAS Chemicals: What Are They, and Where Are They Found?

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EPA Rule Adds PFAS Chemicals to the TRI Report

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Annual Supplier Notifications: Does This Affect Your Company?

Amanda Scheufler of iSi Environmental
Amanda Scheufler of iSi Environmental

Contributing:

Amanda Scheufler, CHMM

Consulting Services Director

Amanda’s experience and training encompasses all things environmental compliance and environmental auditing.  Her specialties include environmental reporting, hazardous waste management, air compliance, Storm Water Pollution Prevention, SPCC, and Facility Response Plans.  Managing iSi's Consulting Services division, Amanda has served as an onsite safety and environmental manager for several industrial facilities through iSi's EHS COOP program and she also teaches part of iSi's Hazardous Waste Management class.

Email  |  LinkedIn

A Look Into the Biden Administration’s Environmental Priorities

A Look Into the Biden Administration’s Environmental Priorities

Apr 8, 2021

New year, new president, and a new push on policies. Trying to guess what will happen for the next four years into any new Administration is like trying to figure out when it will actually rain here in the Midwest. But, just like the assistance of a meteorologist, we can start to predict what we will see with the help of folks who understand and specialize in public policy.  

At the head of the Biden EPA is Michael Regan. A 20-year experienced environmental regulator, he was the head of the North Carolina Department of Environmental Quality and returns to the White House from formerly being an air quality specialist in the Clinton EPA.

Here are a few things to look for from the Biden/Regan team:

Environmental Justice (EJ)

While there are still questions bouncing around about how the Administration will carry out EJ, facilities can get ahead of the game and be prepared for what is to come. One of the biggest items that will be coming out of EJ is communities having their voices heard in environmental regulation. Something companies can start doing to prepare for this is reaching out to the communities where their facilities are located at. We understand the data we collect and how we collect it, but does the public understand it? Now is the time to educate the community you share a fence line with.

There are two major legislative proposals to keep an eye on. The Environmental Justice Mapping and Data Collection Act of 2021 will create a tool built upon the EPA’s EJScreen to identify demographic factors, environmental problems, socioeconomic circumstances and public health concerns. This data collected will help build maps of communities that are affected the most. This will help the Administration to direct appropriate funds to those communities.

Companies should be looking at the EPA’s EJScreen tool. It interprets and shows environmental indicators and demographic indicators. It is used for informing outreach and engagement practices, as well as permitting and compliance implementation, just to name a few.

The Environmental Justice for All Act will establish EJ requirements, advisory bodies and programs to address the environmental effects on human health for low-income communities. It will also provide the establishment of the Interagency Working Group on Environmental Justice Compliance.

More Inspectors on the Ground

With COVID-19, we saw fewer boots on the ground and the number of virtual inspections and audits go up throughout facilities. With vaccines rolling out and the country starting to open back up, there is going to be a drive to get inspectors back on the ground. Now is the time to go over your facility’s reporting to make sure it is accurate and to re-evaluate your risk assessment plans and make sure your facility complies with all regulations.   

Waters of the United States (WOTUS)

WOTUS is already under review for this Administration. We can expect to see extreme discussion on this since having to define WOTUS is difficult, as it is controversial.  Multiple states, tribes and environmental groups pushed back on the Trump Administration’s Navigable Waters Protection Rule, so we can speculate that the Biden Administration will want to expand the definition and scope and go for a broader rule to replace it.

Per- and polyfluoroalkyl substances (PFAS)

Expect to see the enforcement of PFAS being talked about, as well. Some questions are if the Biden Administration will use the All-of-Government approach like we are seeing in climate change, if they will revisit the 70 ppt LHA for drinking water and if the remediation of PFAS will be listed as a hazardous waste under RCRA or CERCLA. States are also getting involved with PFAS. There will be multiple legislation pieces floating around on both the federal and state level.  Regan is committed to making PFAS a “top priority” for this team and he mentioned in his Senate confirmation that part of this approach will include pursuing discharge limits and water quality values.

Need Any Help?

If you need help with getting your facility in compliance, iSi has multiple project managers that specialize in doing third-party compliance audits and reporting.  Contact us today!

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Sarah Winfrey
Sarah Winfrey

Contributing:

Sarah Winfrey

Sales Development Representative

Sarah works with our Business Development and Marketing team, assisting with client and internal communications, pricing proposals, customer support and sales efforts.  She also maintains a number of iSi's contractor registrations and assists with industry and regulations research.

Email  |  LinkedIn

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EPA Watches TV Too – EPA Fines Renovation and Reality Shows

EPA Watches TV Too – EPA Fines Renovation and Reality Shows

Mar 26, 2021

As an EHS professional, have you ever found it hard to turn off the part of your brain that sees potential violations when you’re out and about, living your life away from the job?  Our industrial hygienists talk about seeing mold in restaurants and our safety professionals find bad staircases, exposed wires and more.  Have you ever been watching a TV show where you started wondering if they were following the rules like you have to every day?

Well EPA has been watching TV too, and has been handing out fines to some of your favorite reality shows.   

Clean Air Act Violation for Truck Show

The Discovery Channel’s Diesel Brothers reality show was fined for violations of the Clean Air Act.   The show takes diesel trucks and makes extreme modifications to them.  They have touted their trucks as “rolling coal.” 

The fine was related to trucks with non-existent or bypassed emissions systems.  

The show was exposed when a group called the Utah Physicians for a Healthy Environment purchased one of the trucks and sent it for emissions testing.  Testing found the truck was 36 times dirtier than a normal stock truck.  The physicians group filed a citizen enforcement action under the Clean Air Act, and a court case ensued.  The show was ordered to pay $761,451 to the federal government for the violation, $90,000 to the state of Utah, and the court costs for the Utah Physicians group, believed to be $1.2 million.

Home Renovation Shows in Trouble

Home renovation shows have been getting fines for violations of Toxic Substances Control Act’s (TSCA) Lead Renovation, Repair and Painting Rule (RRP Rule).

The RRP Rule pertains to firms performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978.  These companies need to be certified by EPA (or an EPA-authorized state), use certified renovators who have been trained by EPA-approved training providers, and follow lead-safe work practices.   This includes in-house maintenance staff and any outside contractors they use.

The companies responsible for producing the shows Fixer Upper, Bargain Mansions, Rehab Addict, and Texas Flip N Move have all gotten fined for violating this RRP Rule. 

Home Renovation Show Violations

Perhaps the most notable and highest fined of those listed is Chip and Joanna Gaines’ Magnolia Homes and the show Fixer Upper.  They were fined $40,000 and had to pay an additional $160,000 for lead abatement projects in high-risk homes in Waco, Texas.  This is because they violated the RRP Rule for renovations of 33 properties in the Waco area.  As another part of the settlement with EPA, they were required to implement an internal monitoring program.  They also produced a video about renovating lead-contaminated homes that was shown on their website and social media channels.  In Episode 16 of Season 5, they also featured testing an older home for lead and showed some precautions taken required by the rule.

Rehab Addict and Bargain Mansions were using unlicensed and untrained workers who were not following lead-safe practices.  These shows were fined a total of $59,000, and that includes several Kansas City-area subcontractors that Bargain Mansions used to help them.  Consequently, the violations included everyone involved.  The hosts of each show will be required to take steps to ensure compliance in the future.  They are also to educate the public about lead-based paint hazards and appropriate renovation through videos, social media postings and public events.

The most recent was Texas Flip N Move.  In addition to a fine, they have to do the same tasks as Fixer Upper did, plus use a third-party entity to conduct  lead abatement in low-income target-housing residences or child-occupied facilities within the Dallas-Fort Worth metroplex. 

Home Depot Fined for RRP Too

On the topic of RRP, just in December (2020), Home Depot, often a major sponsor for renovation shows, negotiated a nationwide settlement with EPA on violations of the RRP Rule.  Home Depot uses outside contractors to conduct home improvement work as an add-on service for its local stores.   EPA found hundreds of cases where Home Depot was sending uncertified firms to conduct renovations that fell under the certified firms and trained workers requirements.  Home Depot wasn’t keeping compliance documentation of certifications, training or use of lead-safe work practices. Contractors also weren’t passing out the required lead pamphlets to occupants. 

The fine was $20.75 million, plus an additional $750,000 to Utah, $732,000 to Massachusetts and $50,000 to Rhode Island.   Home Depot is required to implement a comprehensive, corporate-wide program to ensure its contractors are properly licensed, trained and certified to use lead-safe work practices.  Where the most serious violations occurred, they’re offering those customers testing by a certified inspector and then additional specialized lead cleaning if something is found. 

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What have you seen on TV that your environmental or safety eyes couldn’t NOT see?  Choose one of the social media buttons to the left and share and comment on this story.  Make sure you tag us!  (@iSi_ICT on Twitter, @isienvironmental on Facebook and @ isi-environmental-services on LinkedIn!)

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Sustainability is Much More Than Just Being Green

Sustainability is Much More Than Just Being Green

Feb 22, 2021

Sustainability…that’s a word that’s been thrown around a lot within the past few years and to many it may conjure images of recycling and being a good environmental steward.  However, sustainability is more than just that environmental “stuff,” it’s actually much broader and you can count a lot of different practices towards it.

Sustainability can be defined as what your company is doing to contribute to society in terms of social responsibility, economic growth, AND environmental protection.  It’s what your company is doing to ensure you are adding value to society by how you manage resources, interact with your community, and work with your employees while staying profitable to sustain jobs for your community.

Large corporations have entire teams dedicated to sustainability strategies.  Medium and small companies are soon going to need to develop sustainability strategies in order to keep up.  Suppliers are already being asked to implement and start showing their own sustainable actions.  It’s not a matter of if sustainability will need to be addressed by your company, it’s when.


Goals of Sustainability

The goal of sustainability is to ensure your company is being a sustainable resource that’s in a way profitable for everyone.  It needs to ensure:

  • Customers will want to buy from you.
  • People will want to work for you.
  • Other businesses will want to do business with you.
  • The community will want to have you there.
  • You’re doing what you need to do to protect natural resources and the environment.
  • You’re finding ways to improve efficiencies and lower risk.


Sustainability Areas

There are a number of areas in your company where you can find and develop sustainable practices.  These include:

  • Community Involvement: How your company is making the community(ies) you’re located in a better place to live.  How do you contribute to improving your community, how do you affect its culture and be a good economic source of jobs?
  • Employment Practices: Being a good place to work by promoting personal and professional development, diversity, empowerment and participation from your employees.

  • Business Relationships: Engaging in fair-trading practices with suppliers, distributors and partners.
  • Morality and Ethics: Setting ethical standards and practices in place for working with all persons who have a stake in the success of your business.
  • Transparency: Timely communications with those affected by your company and being accountable to your internal and external customers.
  • Value of Products and Services: Providing a good quality product and/or service that adds value, while ensuring customer satisfaction.
  • Regulations Compliance: What you are doing to ensure you’re following all local, state, and federal regulations.
  • Resource Management: Managing resources efficiently, conscientiously and effectively.
  • Financial Return: Compensating providers of capital with a competitive return on their investment and protecting your company assets.
  • Protecting the Environment: Promoting restoration of the environment, finding ways to reduce waste, and sustainable development of products, processes, services and other activities.

Every department of your company can get involved to affect the process.  For example, it can start with Procurement finding raw materials with lower environmental impacts and socially-responsible suppliers, to Production devising processes that are more efficient while maintaining environmental and safety standards, to Marketing who can look at how sales and distribution methods can reduce adverse social and economic impacts.


What Can Sustainability Include?

Sustainability efforts can be internal or externally focused.  Some examples of each include:

Internal

  • Energy efficiency
  • Process innovations
  • Research and development
  • Plant certifications such as ISO 14001, 45001 and 9001
  • Process Safety Management
  • Audits for environmental standards and practices
  • Employee programs and benefits
  • Training
  • Assessing impacts of new or expected regulations and auditing areas of potential noncompliance
  • Minimizing liabilities
  • Standardizing systems and measures

External

  • Community involvement and philanthropy
  • Regulations compliance
  • Supplier audits and requirements for work practices
  • Supplier certification requirements
  • Public disclosure of sustainability reporting
  • Including sustainability information in shareholder documents
  • New market opportunities and sustainable or environmentally-affected product advances
  • Waste minimization
  • Social policy statements/guidelines
  • Environmental policies
  • Avoiding creating contamination


Other Applicable ISO Standards

There are ISO standards for other items that would be included in sustainability efforts.

There is an ISO 50001 for Energy Management.  Its focus is on how to improve energy use through the development of an energy management system.  This management system is the same used for ISO 14001 and 9001.

There is also a standard for social responsibility, ISO 26000.  ISO 26000 is a guidance only and cannot be certified like other ISO standards.  This standard helps clarify what social responsibility is and gives best practices relating to social responsibility globally.


Where Do You Start?

Just saying you’re committed to sustainability isn’t going to make it happen.  You need to incorporate it into your company culture.  Very much like any effective safety program, this too needs to start with support from top management and become an expectation that trickles down into each and every part of your company until it becomes a part of your corporate culture.

First, you need to decide how sustainable you want to be and what resources you want to dedicate to it.  Decide which areas you want to tackle.  For it to be successful what you choose to do needs to make financial sense and fit well with your company culture, your products, your location, and/or your customers.

Take a look at what you’re already doing.  What else can be done?  What are the costs and benefits of what you could do?  How can future costs be impacted by improvements you can make today?

Are there companies that you are working for who are requiring (or considering) requiring sustainability efforts?  What are those?  Are certain certifications such as the ISO 14001 environmental management system going to be required?  We are finding that many companies, especially those who work globally, are starting to require suppliers to get ISO certifications like the ISO 14001 because they are a recognized standard for implementing an overall environmental management system. 

ISO certifications have a set framework that looks at internal and external policies, communications and procedures.  Certification also helps demonstrate you are committed to putting standards and procedures in place to comply with regulations.  Once you’ve been through one ISO certification, you’ll find the others are very similar, including the ISO 45001 certification for safety because it uses many of the same methods.

Once you decide what you want to do, how far you want to go, and what your budget is going to be, then you’ll need to get different stakeholders involved.  You can have an outside company help you get organized, or you can develop your own in-house team.  Some companies have created internal committees like they do with safety committees, and some have hired full-time sustainability managers to make sure the effort stays on track.


How Do You Track Success?

Sustainability isn’t like sales or other goals your company is used to tracking, it can be hard to put a metric to it.  Sustainability is often a long-term goal and harder to predict.  It is sometimes harder to implement than other goals because it can be more abstract, but nonetheless important.

Besides typical measures like waste reductions, energy savings, and cost savings, there are other metrics that can be counted towards sustainability.  These could include metrics such as

  • Recycling savings;
  • Training expense per employee;
  • Number of sites with environmental or safety certifications;
  • On-time delivery;
  • Number of jobs posted and filled internally;
  • EHS capital expenditures;
  • Number of customer complaints;
  • Positive reviews;
  • Purchases from minority businesses; and,
  • Number of workers participating in industry or community organizations.


In Conclusion

We at iSi are already hearing that some of our major clients are looking to requiring their suppliers to have sustainability programs in place.  We have also had to start developing specific programs related to social issues, not just compliance issues any more.

It looks like sustainability is here to stay and will only continue to grow as an expectation.  iSi has a number of services in place to help you with your sustainability efforts and we are here to help in any way we can.


Learn more about the sustainability services iSi can help you with here.

iSi's Sustainability Services

iSi can help you get several internal and external sustainability tasks accomplished, including all of the ISO standards listed and more.  Check out where we may be able to help you by visiting our Sustainability page.

Sustainability Services
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iSi Finds Success With Virtual EHS and ISO Compliance Audits

iSi Finds Success With Virtual EHS and ISO Compliance Audits

Dec 18, 2020

The COVID-19 pandemic really threw a curveball at all businesses, forcing them to think differently about how to provide services and products to their customers.  Although the pandemic has been a major disruption, something good has come out of it for iSi.  We’ve been forced to think outside of the box to develop alternatives to business as usual.  In some cases it’s made us more efficient and has worked out nicely for our clients too.   One such success story at iSi has been virtual audits.

Traditional Audit Tactics Out the Window

Business disruptions unfortunately don’t disrupt environmental, health and safety (EHS) compliance obligations.  Businesses still need to ensure they’re complying with EPA and OSHA regulations correctly, and for those companies who are requirements to achieve ISO Certification, those requirements still go forth.

iSi conducts several different types of audits, from records reviews, to facility walkthroughs, to a combination of the two, to ISO standards-based audits.  Traditional EHS and ISO audits often have involved travel to facilities to spend one or more days onsite.  With COVID, travel to and from different locations has been reduced, discouraged, and even forbidden in certain locations without quarantine.  Many of our client sites have been closed to outside visitors either completely, front doors are locked, and in some instances entry has been limited to a contractor approval process.  Interviewees are working on limited schedules, or working from home, making traditional methods that much more difficult.

Records Reviews

With travel affected, we needed to find an alternative to being onsite.  Records reviews were the first and best items in our process to start with virtually.  Clients can scan and upload records for reviews.  Over the past year, iSi has implemented a new Enterprise Resource Planning (ERP) System, allowing us to improve multiple processes throughout the company including project management, document storage, web conferencing, online training, digital file transfer, electronic billing, and more, and so we’re set up to do a lot of different things electronically.  iSi and its clients can upload and review documents back and forth electronically with a lot of ease.

Walkthroughs and Interviews

Although walkthroughs are a very valuable piece to our audits, we find that we can use alternatives here too.  iSi has HD smart glasses so that our client can literally be our eyes onsite. The glasses have camera, video, and communications capabilities so that the client can record a walkthrough through the glasses and still communicate back and forth with our auditor remotely.  Even better, they are safety rated so that they can be used as safety glasses in industrial facilities.  In lieu of the glasses, clients can also record videos of certain areas of their facilities, conduct live streaming videos, or take photos for our auditors to inspect.

The pandemic has forced us all to get more familiar with video conferencing software.  Interviews and discussions can be done remotely through video conferencing.  This has allowed us to still get to know our clients and has given us the chance to discuss important topics or answer questions, just as if we were sitting there side by side.

We’ve also been able to give clients guidance on how to use certain pieces of equipment by giving visual demonstrations on camera and providing step-by-step instructions.

ISO Audits

Virtual audits have been most seamless for our ISO projects.  For example, iSi recently conducted a third-party ISO internal audit for a worldwide aircraft components manufacturer to identify existing EHS Management System conformance to the ISO 14001:2015 and ISO 45001:2018 standards.

iSi reviewed the corporate EHS management system and the corporate office’s EHS management system. These systems were compared against the ISO standard, legal/regulatory standards, internal policies and procedures, and customer needs.

The audit was completed virtually through Microsoft® Teams, a communication and collaboration platform. Employee interviews were done through video meetings, and documents were reviewed through screen sharing and e-mail.  Management interviews were conducted virtually and over the phone with the corporate CEO, Investor Relations, and Senior Leadership such as the Executive Vice President and Human Resources, as well as various environmental and safety committees.

All the while, iSi’s auditor remained at our headquarters in Wichita, Kansas while conducting the audit at the client’s facility in Connecticut.

Following the audit, a report of findings and deficiencies was prepared and these reports were all delivered electronically.

iSi was able to conduct a very comprehensive ISO audit for this client, covering topics such as

  • External and Internal Issues
  • EHS Policies, Procedures, Objectives Compliance Obligations
  • Current Processes
  • Leadership Commitment, Culture and Management Roles
  • Employee Participation and Worker Needs
  • Available Resources
  • Internal and External Communication Systems and Evaluation Processes
  • Continual Improvement Efforts
  • Organizational Roles and Responsibilities
  • Reporting
  • Conformance to Regulatory and ISO Standards
  • and More

The Future of Virtual Audits

Although we don’t think we’ll be doing virtual audits exclusively from now on, we do see the benefits of this new alternative.  It’s allowed us to become more organized and more in tune with the electronic resources we have at our disposal.  It’s also saved our auditors a ton of time in not having to travel far distances, instead reinvesting that time into the project itself.  This, in turn, also have been a cost savings and a time savings for our clients too.

In our business, there’s nothing like the interpersonal relationships that are built between our teams and our clients throughout a project.  However, virtual audits has still allowed us to develop these and haven’t gotten in the way as much as one may think they would.

The efficiencies learned and gained are bound to help future projects going forward.  Perhaps these experiences have shown us there will be less need in the future to be onsite for those visual audits or walkthroughs, while the other parts of the audit will be done remotely, saving time and efforts for both parties.

Time will tell what the future of audits will look like, but at iSi we are happy that we have found something positive to take away from this crazy time.

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Curtis Leiker, CSP
Curtis Leiker, CSP

Contributing:

Curtis Leiker, CSP

Certified Safety Professional |  ISO 45001 and 14001 Lead Auditor

Curtis Leiker, CSP is a project manager at iSi Environmental. Besides assisting companies with ISO 14001 and 45001 implementation, Curtis manages environmental and safety programs, reporting and compliance issues for aviation, general industry and agricultural facilities. He’s able to see the big picture, but focus on the details and enjoys working to solve EHS issues.

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What is a Phase I Environmental Site Assessment?

What is a Phase I Environmental Site Assessment?

Nov 5, 2020

If your company plans to purchase, manage, lease, or sell a piece of commercial property, the phrase “Phase I Environmental Site Assessment” is bound to come up, and if it doesn’t, it should, because it’s key to limiting your risk with the transaction.

What’s a Phase I ESA?

Phase I Environmental Site Assessments (Phase I ESAs) are studies that research the current and historical uses of a property. The intent of the study is to assess current or historical property uses impacting the property that could pose a threat to the environment and/or human health.  This research will help give insight if there’s a potential that you’ll be responsible for environmental issues found onsite.

Who Needs to Conduct a Phase I ESA?

  • Property Owners
  • Property Sellers
  • Banks/Lenders
  • Property Buyers

What Federal Regulations Impact a Phase I ESA?

EPA’s CERCLA (Comprehensive Environmental Response, Compensation and Liability Act), aka Superfund, gives the federal government the ability to respond to releases, or threated releases of hazardous substances.  It also gives them the ability to pursue polluters (responsible parties) or potential polluters (potentially responsible parties) for the cleanup of contaminated sites.  As a property buyer or seller, it’s up to you to do some due diligence and make an “all appropriate inquiry” into the environmental conditions of the site.

When you make that all appropriate inquiry, there are certain defenses allowed to protect yourself from CERCLA liability.

The Bona Fide Prospective Purchaser Defense allows a purchaser to first evaluate the property’s environmental conditions and assess potential liability for any contamination, then purchase the property with knowledge of hazardous substance contamination without incurring liability as an owner or operator.

The Innocent Landowner Defense is allowed if a purchaser “did not know and had no reason to know” that contamination existed on the property at the time the purchaser acquired the property, if a government entity acquires a property by escheat, involuntary acquisition, or eminent domain, or if a person acquired the facility by inheritance or bequest.

For the Contiguous Property Owner Defense, the property must be contiguous to a property that is or may be contaminated by hazardous substances from other property that is not owned by that person.

Another defense, the Brownfield Defense, can be used when a property is already assumed to have contamination, and it becomes a part of EPA’s Brownfields Program for economic redevelopment.

What’s Included in a Phase I ESA?

All appropriate inquiries must be conducted by an environmental professional and they include:

Site Visit

The professional will conduct a reconnaissance of the site to determine if there is a likely presence of hazardous substances or petroleum products, and if there is an indication a release or threatened release could have occurred.  The property’s exterior and interior structures are observed at this time.

Historical Research

Research of property records back to the property’s first development, or 1940, whichever is earlier is conducted.  This research includes inspecting historical aerial photographs, topographical maps, Sanborn Fire Insurance maps, street/city directory searches, building permits, planning records, title searches, and government records review.

Geology and Hydrogeology Studies – The environmental professional will look:

  • Soil types to determine the composition, texture, hydrologic group, and its drainage class.
  • Physical setting/topography of the property.
  • Groundwater depth and flow direction studies identify hydrologically upgradient source areas and risk of vapor intrusion and vapor encroachment.

Vapor intrusion occurs when volatile chemicals migrate from contamination in the soil or groundwater up into a building’s interior space. Vapor intrusion can be caused by contamination on-site or off-site from a property. A contamination plume can originate from an off-site source and migrate onto the property and underneath buildings. Vapor encroachment is a broader concern when compared to vapor instruction. Vapor encroachment is focused on the potential for vapors to exist within a building.

Interviews and Other Documents

The environmental professional will interview tenants, the current owner(s), and previous tenants/owners, and state and local regulators.  Any additional provided documentation such as previous Phase I ESAs, spill reports, state or local contamination reports, etc. will be reviewed.

Other Reviews

While an environmental professional is already conducting this research, the entity requesting a Phase I ESA may also want them to look at other sources for potential environmental issues.  The following items can also be included in a Phase I ESA, but are not a part of the EPA CERCLA regulation for sources of liability.

  • Asbestos-Containing Building Materials
  • Biological Agents
  • Cultural and Historic Resources
  • Ecological Resources
  • Health and Safety Issues
  • Indoor Air Quality (unrelated to vapor intrusion)
  • Industrial Hygiene
  • Lead-Based Paint
  • Lead in Drinking Water
  • Mold
  • Radon
  • EPA/OSHA/DOT Hazardous Materials Regulatory Compliance Items
  • Wetlands

Limitations of a Phase I ESA

Phase I ESAs are valid for 180 days.  Between 180 days and a year, the interviews, title search, government records research and visual inspection will need to be updated.  Any Phase I ESA over one year old is consider invalid and outdated and will need to be redone.

Phase I ESAs can reveal the likelihood of existing and/or past evidence of contamination, but they

  • Cannot prove that hazards are present;
  • Cannot ensure hazards or pollutants will not be discovered at a later date; and,
  • Cannot ensure landowners can avoid all responsibility.

Phase II Environmental Assessments (Phase II ESAs) involve further environmental sampling, including sampling of soil, water, groundwater and/or soil vapor to help better determine if contaminants are present.  If a recognized environmental condition is found from the Phase I ESA study, a recommendation for Phase II ESAs will often be suggested.

If you have questions about Phase I ESAs, or would like pricing to conduct one for your next property transaction, please contact us!

Need a Phase I ESA?

We can help you with your next Phase I or Phase II ESA!  Contact us today to get the conversation started.

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Sarah Winfrey
Sarah Winfrey

Contributing:

Bria Weast

Environmental and Safety Consulting Manager

A member of our Consulting Services division, Bria works with client facilities for annual environmental reporting and day-to-day environmental compliance assistance.  She also manages iSi project managers.  Bria has conducted well over 100 Phase I environmental site assessments for iSi and is one of the trainers for our Hazardous Waste Management class.

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2020 ERG – Emergency Response Guidebook Updates

2020 ERG – Emergency Response Guidebook Updates

Oct 28, 2020

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The new 2020 version of the Emergency Response Guidebook (ERG) is finally out, and hard copies are now available.  The ERG is published every 4 years.

What is the ERG?

The ERG contains emergency response information and is a handbook used by emergency and hazardous materials incident responders, truck drivers, railroad personnel, pipeline personnel, pilots, police and firefighters.  It is written and updated by four separate international agencies:

  • U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA)
  • Transport Canada’s Canadian Transportation Emergency Centre (CANUTEC)
  • Argentina’s Chemistry Information Center for Emergencies (CIQUIME)
  • Mexico’s Secretariat of Communications and Transport

iSi uses the ERG in our HAZWOPER training as well as our DOT Hazardous Materials Transportation, Hazardous Waste Management and RCRA Refresher classes.  This is because handling emergency spills are a component of all of these classes.

Updates

The four agencies have been working on this latest version since 2017.  In 2018, all of the agencies solicited input from their public through calls for comment, listening sessions, online surveys, and articles.  From these solicitations, 100 comments were gleaned to be considered for incorporation and DOT held a public meeting as well.  Since then, sub-groups worked on the updates.

Here is a list of the planned changes and items that were up for review within each section of the book. The agencies will:

White Pages [General Information, Instructions, Recommendations, Guidance]

      • Review content for use of plain language;
      • Improved quality of illustrations in charts for railcar and road trailer identification;
      • Add new lithium battery markings;
      • New terms in the glossary section;
      • Add a decontamination section; and,
      • Add basic information about heat induced tears (HIT).

Orange Pages [Response Guides]

      • Comprehensively review of all materials and their assignments in the orange pages by FEMA/NFA, with certain items up for review in 2020 while others will be reviewed before the 2024 version;
      • Distances in the Public Safety section are now in the Evacuation Section;
      • Created a new “How to Use the Orange Guide Pages” section;
      • Guide 121 Gases – inert was merged with Guide 120 Gases – inert (including refrigerated liquids);
      • Added CAUTION sentences for specific materials;
      • Clarify sentences;
      • Address inhalation concerns for petroleum crude oil (UN1267) in Guide 128; and,
      • Reevaluate radioactive materials guides with radiological/nuclear regulatory agencies.

Yellow/Blue Pages [Materials in ID/Name of Material Order]

      • Add or remove UN numbers to align with United Nations Model regulations and North American regulations;
      • Remove UN numbers for chemical warfare agents;
      • Reevaluated guide assignments for some materials; and,
      • Review polymerization hazards for certain materials.

Green Pages [Isolation and Protective Action Distances]

      • Add distances for new Poison Inhalation Hazard/Toxic Inhalation Hazard materials added by regulations;
      • Revise Table 2 introduction;
      • Add container capacities to Table 3;
      • Make a new border to differentiate between Tables 1, 2 and 3; and,
      • Argonne National Laboratory will update the Chemical Accident Statistical Risk Assessment Model (CASRAM) with outcomes from field and lab experiments.

Where Can the Current ERG Be Found?

A free PDF version of the current Emergency Response Guidebook is available online on the PHMSA website. There’s also a mobile app for the guide available for both Android and iPhone devices.    If you’d like to purchase a hard copy for your use, check out the iSi online store.

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EPA Reinforces State’s Authority Over Oklahoma Environmental Compliance

EPA Reinforces State’s Authority Over Oklahoma Environmental Compliance

Oct 15, 2020

A recent U.S. Supreme Court case regarding legal jurisdiction and Native American tribal lands has extended itself to environmental regulations compliance authority in the state of Oklahoma.

Native Lands Still Native

It all started when Patrick Murphy, a descendent of Native Americans, committed murder in 2015 within the Muscosgee reservation territory.  He argued to the courts that the Oklahoma Enabling Act of 1906 never disestablished the territories of the Five Civilized Tribes.   Because of this, he should have been prosecuted by federal courts and not the state of Oklahoma courts.  That is, the state courts should have no jurisdiction over Native Americans on federal reservations.  The 10th Circuit Court agreed with Murphy and it was ultimately appealed to the Supreme Court.  In 2020, the Supreme Court agreed that the territories had not been disestablished, giving more power to the tribes.

The territories involved in this case make up the eastern half and some of southern Oklahoma, including Tulsa.  The ruling means the state of Oklahoma would have no criminal jurisdiction over Native Americans within the reservations.  Federal regulations still need to be enforced within these lands and major crimes like murder would be charged federally, but the tribes could prosecute all other Native American crimes in their own courts.

The court ruling led to a lot of concern not only about the ramifications to major crimes committed in these territories, but the legal impact to environmental regulations, taxation and other regulations on reservation lands.

Oklahoma Petitions EPA

Seeing the potential for a wide variety of environmental rules being affected, the potential for inconsistent standards and efforts, and the overall impact to Oklahoma businesses, the Governor of Oklahoma wrote a request letter to EPA in July 2020.  In the letter, he asked that the state be authorized to continue to regulate environmental compliance throughout this territory.  The state agencies currently involved in overseeing environmental regulations are the Oklahoma Department of Environmental Quality, the Oklahoma Department of Agriculture, Food and Forestry, the Oklahoma Water Resources Board and the Oklahoma Corporation Commission.

On October 1, 2020, EPA approved this request and gave the state authority to continue its efforts in overseeing any of the programs it currently oversees in those areas.  EPA will continue to oversee the state of Oklahoma’s programs as it does in many states.

Tribal Reaction

The tribes are not happy with this decision.  Cherokee Nation Principal Chief Chuck Hoskin, Jr. said “[The governor’s decision] ignores the longstanding relationships between state agencies and the Cherokee Nation. All Oklahomans benefit when the tribes and state work together in the spirit of mutual respect and this knee-jerk reaction to curtail tribal jurisdiction is not productive.” [Taken from The Oklahoman, Oct. 6]

It’s unlikely this is the last we’ll hear of this issue.  The tribes may have a course of action to take EPA to court for not fully consulting with them prior to the decision per EPA’s Policy on Consultation or Coordination with Indian Tribes, or with the government-to-government consultation with affected tribes requirement per Executive Order 13175.

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Annual Supplier Chemical Notification: Does This Affect Your Company?

Annual Supplier Chemical Notification: Does This Affect Your Company?

Sep 4, 2020

Recently EPA sent email reminder notices to companies who submitted 2018 and 2019 Toxic Release Inventories under EPCRA Section 313.  These reminders were about the regulation’s annual supplier chemical notification requirements for those companies who process or manufacture chemicals or chemical mixtures.

This annual notifications rule can be found at 40 CFR § 372.45.

Who Does This Affect?

  1. SIC codes 20-39 (or NAICS codes corresponding to those SIC categories), and…
  2. You manufacture (including import) or process a toxic chemical on the EPCRA Section 313 list, then…
  3. You sell/distribute that chemical under a trade name, or sell/distribute a mixture containing one or more of these chemicals.

Suppliers who are not required to complete a Toxic Release Inventory can still qualify for this rule.  They would still need to notify if they meet those 3 criteria.

The Notification

An annual notification must be sent with the first shipment of the chemical sent within the calendar year.  The notice needs to include the following information:

  • A statement that the mixture or trade name product includes a toxic chemical listed pursuant to EPCRA section 313 or 40 CFR Part 372;
  • The name and, if applicable, associated CAS registry number of each listed chemical, and;
  • The percentage by weight of each listed chemical in the mixture or trade name product.

The chemical notification can be a letter, a label or a written notice within the shipping papers.  It may accompany and be attached to the product’s SDS, but an SDS alone will not suffice if the SDS is missing the required notification information.  If your SDS has the required information on it, that can be used for the first shipment.  Then in subsequent years, a letter referencing the previous year’s SDS would suffice as long as the customer still has the most current version of your SDS.  If an SDS is not required for your chemical, you can send the notification on a separate written notice.

If you have any changes or updates to the information for the notice, you need to send out a revised notice within 30 days of that change.  If find that you had errors in your notice, you’ll need to send a revised notice listing the shipment dates that the new correct data would cover.

Exclusions

There are a few exclusions to this rule, including:

  • Not falling within those specific SIC/NAICS codes.
  • The chemical is a result of a chemical reaction from two or more chemicals mixed. You do not have to notify in this case because it would not be considered a mixture anymore.
  • If the chemical is prepared for consumer use, you don’t have to notify. However, if you prepare a version for consumer use in one type of packaging, but provide an industrial version in a different quantity or packaging, then you would have to notify.
  • The quantity of the toxic chemical is below the de minimis level (1% or 0.1% for OSHA carcinogens).
  • It’s a waste.

If your company does not fall within the SIC/NAICS codes or you just repackage the chemicals (not manufacture them), and you receive notifications from your suppliers, you should forward on those chemical notifications with the EPCRA Section 313 chemicals you send to users who would be covered under these codes.

Recordkeeping

You’re required to keep the following records for 3 years:

  • Notifications sent to recipients;
  • All supporting materials used to develop the notice;
  • If you are claiming a trade secret, a record of why it’s considered a secret and why the generic name you can use in your notification is appropriate; and,
  • If the concentration is a trade secret, record explanations of why it’s a secret and the basis for the upper bound concentration limit you’re allowed to use is appropriate.

More Information

More information can be found in the rule and in EPA’s Frequently Asked Questions about this rule.

Need Help?

If you need help determining how this new rule will affect you, or help with any environmental compliance issue, contact us today!

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EPA Adds 1-BP to Clean Air Act Hazardous Air Pollutants List

EPA Adds 1-BP to Clean Air Act Hazardous Air Pollutants List

Jun 25, 2020

EPA has added 1-bromopropane (1-BP), aka n-propyl bromide, to its list of hazardous air pollutants under the Clean Air Act.  This is the first time since 1990 that EPA has added a chemical to the list from a petition request.

The CAS number for 1-BP is 106-94-5.

How is 1-BP Used?

1-BP is found in products for the following applications:

  • Adhesive sprays
  • Solvent sprays for asphalt production, aircraft maintenance, and synthetic fiber manufacturing
  • Vapor and immersion degreasers for cleaning plastics, metals, electronic components and optical components
  • Dry cleaning
  • Spot removers
  • Coin cleaners
  • Paintable mold release products
  • Automotive refrigerant flushes
  • Lubricants

Which EPA Compliance Obligations Will This Affect?

Since the change is part of the Clean Air Act, you will need to take note that this will affect the following EPA reports and permits:

You should also now start tracking the quantities purchased and used to help you with these reports.

What is the Hazard?

1-BP can be inhaled as a vapor or mists of spray and can also be absorbed through skin contact.   It is colorless with a sweet odor.  It can cause irritation of the eyes, nose and throat, and can damage the nervous system.  Women of childbearing age are cautioned that prolonged exposure can cause developmental and reproductive effects.  Extreme cases can cause kidney and liver issues as well as neurological issues such as dizziness, loss of consciousness, slurred speech, confusion, twitching and difficulty walking.  

Some people have experienced symptoms with use as little as 2 days, but most cases have effects after long-term exposure.

Make Sure You Know Your Exposures

If your company is using products with 1-BP, please make sure you are conducting industrial hygiene sampling of your employees and their usage of 1-BP to identify what their exposures are.  The American Conference of Governmental Industrial Hygienist’s (ACGIH) threshold limit value for 1-BP is a very low 0.1 ppm, so any exposures over that will require respiratory protection.

iSi has conducted 1-BP sampling for two of our clients within the past year.  Each were using vapor degreasers with 1-BP in them.  Exposures measured at 3.74 ppm for one company and 49.5 ppm for another.  These were very well above the recommended 0.1 ppm and each company needed to change protocols to get the exposures down.

PPE and Administrative Controls

Besides respiratory protection when limits are over the thresholds, both EPA and OSHA recommend usage of chemical protective gloves/clothing and eye protection when handling 1-BP. 

OSHA has specific recommendations for eliminating the hazard altogether through isolation, ventilation and other engineering controls.  Some administrative controls they recommend include reducing both the time and number of workers exposed to the chemical, purchasing and storing the least amount possible and keeping containers closed between use.

Because of the hazard, there are other products now on the market that can be used for the same functions that do not have 1-BP in them.

Get 1-BP fact sheets on the EPA website here and on the OSHA website here to learn more.

Questions?

If your company is using 1-BP and you have questions on how it will affect your compliance reporting and tracking obligations, we can help!  Email us or contact us by phone.

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1-BP Assistance

If you need help determining how this new rule will affect your air reporting, or if you need 1-BP exposure sampling to see where you stand, contact us today!

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EPA Enforcement During COVID-19 Disruption: What Do You Need to Do?

EPA Enforcement During COVID-19 Disruption: What Do You Need to Do?

Apr 2, 2020

UPDATE:  EPA has announced they will be ending these policies on August 31, 2020.

The COVID-19 outbreak is affecting businesses — from creating labor challenges to shutting them down altogether. As a result, you may not be able to meet your EPA or state environmental obligations. During this time, what is EPA doing about enforcement?

EPA has issued a guidance document on how it will conduct enforcement for noncompliance. Basically, the overall message is to communicate, document-document-document and do your best to make a good faith effort to comply.

EPA is leaving discretion to the states on how they want to handle noncompliance. So although in this article we are going to cover what EPA says (and what iSi’s experience has been with state agencies lately) ALWAYS double check with your state or your permitting agency because what they say will be the overall direction you will need to follow. Better yet, keeping in contact with your permitting agency and alerting them of potential noncompliance is likely the best policy because if their policies differ, they will be able to tell you so. Always document your conversations or communications for your files.

Overall EPA Guidance

EPA wants your company to make every effort to comply, but if you cannot,

  • Act responsibly until you can;
  • Identify the nature of what your noncompliance will be, on what dates, and the reasons why COVID-19 was the cause;
  • Document the steps you are going to take to become compliant,
  • Work to become compliant ASAP; and,
  • Document all actions and reasons and keep those in your files.

EPA understands that staffing may be limited and resources like contractors and laboratories may affect your compliance status. So until further notice from EPA, they will not be penalizing the following actions if they agree with you that COVID-19 was the legitimate cause of your noncompliance:

  • Monitoring
  • Sampling
  • Lab Analysis
  • Integrity Testing
  • Reporting
  • Certification
  • Training

Although training is on that list, EPA says they expect you to maintain your training certifications as there are a number of online alternatives available. An example where they would excuse noncompliance is if you needed to make a choice between having certified and qualified operators running your operations vs. sending them to training. They would prefer you to keep operations running if that was the only choice you had.

Resume bi-annual and annual reporting as soon as possible and submit late reports as soon as possible. If your report requires a handwritten signature, it can be digitally signed. If you miss a sampling or monitoring episode, you will not need to make it up later if it is typically conducted in intervals of 3 months or less.

Hazardous Waste

If possible, continue to conduct your weekly inspections. If you have containers onsite that will exceed the number of days you can store them, such as a 90-day storage limit, continue to properly store and label them until you can get them removed. EPA will not consider you a TSDF (treatment, storage and disposal facility) if you go past the date. If you are a Small Quantity Generator or a Very Small Quantity Generator, you will retain your generator status if you go past the date.

Ensure you document everything and put it in your records.

Air Emissions

Get very familiar with your permits and what they say about notifications during shutdowns. In some permits, there may be a reference to emergency episode plans that typically address equipment failures, but see if they say anything about temporary shutdowns. Some permits may also mention that temporary shutdowns may cause less emissions during shutdown, then exceedances when the equipment is refired. You may have to give a notification in both instances.

If you cannot find anything, double check with your permitting agency and then document any phone calls or emails. Self-reporting shows good faith efforts on your part.

Wastewater

Every permit may be different, so check what yours says about shutdowns. Many permits will mention that you must notify if there will be a “significant change,” and a shutdown would be a significant change. You will likely need to continue doing weekly inspections and sampling. For shutdowns over extended periods, when you return to service, you may need to do weekly sampling for a set term to prove you’re in compliance.

When any part that is covered by your permit is removed from service, you’ll need to notify the permit authority to ensure the water and the environment is protected.

Stormwater 

Stormwater regulations vary from state to state and in some areas, city to city. Most will have quarterly inspections and rain event sampling. Continue to do that whenever possible. If you cannot, contact your local stormwater authority and/or document the reasons why this cannot be accomplished.

Spill Prevention, Control and Countermesure (SPCC)

Most SPCC plans require monthly inspections. Continue to do these, and if for some reason you cannot, document the reasons why.

Public Water Supply

For those who operate public water supplies, it needs to be run business as usual. EPA has specifically called out this operation as critical to public safety and health. If you are having staffing or laboratory issues, you need to work with your state to get these issues solved.

Accidental Releases

If you have an accidental release or an equipment failure that causes an exceedance which can affect the environment, this needs to be handled business as usual as well. You need to stop the release, mitigate the affects of it as quickly as possible, and still make all the necessary notifications.

Questions?

If you have questions about what you need to do, or need us to help while your own staffs are short, please contact us!

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Electronic EHS Training: Maintain Certifications, Complete Requirements Now

Electronic EHS Training: Maintain Certifications, Complete Requirements Now

Mar 25, 2020

With stay-at-home orders mandated in many states, counties and cities across the U.S. due to the COVID-19 breakout, business operations have been dramatically affected – including environmental, health and safety training (EHS training).  Unless otherwise noted by regulatory agencies, compliance requirements are still required to be followed.  To help our clients stay compliant for the duties they’re performing iSi has electronic training options to help you make sure you maintain your certifications. 

With many business operations disrupted, this may actually be a very good time to get your required training taken care of for the year.

Viewing Options — How It Works

iSi can provide electronic EHS training in a number of ways.  One interactive option is our live instructor-led training that’s given through web conferencing.  Our online system allows for students to view slides and the instructor, ask questions both via audio and privately in a questions window, chat with other students in a chat room, respond to polls, download handouts, and take notes within the system that they can have emailed to them.  This provides interactive learning and because it’s live, questions can still be asked of the instructor. 

Need to watch at your convenience? iSi also has the ability to record presentations through the system and provide you a link so that your workers can watch on their own time.  These two options may be the best for training conducted now, but we provide longer term solutions such as slides with voiceover that can be used at your own schedule, produced videos, and even online modules with tests that can be imported into your learning management system.

March and April Scheduled Classes Moved Online

We currently have moved our scheduled March and April DOT and RCRA training classes online in order to help those registered stay certified.  DOT is especially strict about letting workers sign off on hazardous materials shipments past training deadlines, as it’s forbidden.  We have the following classes available for registration:

DOT Refresher:  March 27
DOT (Initial Training):  April 23-24
RCRA Hazardous Waste Management Refresher:  April 17

Our asbestos classes were not able to be moved to online methods due to our licensing requirements with the state of Missouri.  They do not allow electronic training alternatives.

Other Classes Available

iSi can provide a variety of other electronic EHS training classes covering OSHA general safety, EPA compliance, and DOT, IATA and IMDG hazmat shipping.  Contact us today to see how we can help you and maybe take care of some of your EHS training over the next few weeks. 

Complete Your EHS Training Now

Which courses can we prepare for you?  Contact us today!

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Watch iSi’s Free Industrial Wastewater Treatment Webinar

Watch iSi’s Free Industrial Wastewater Treatment Webinar

Feb 11, 2020

industrial wastewater treatment webinar

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iSi currently manages several industrial wastewater treatment plants for manufacturing facilities. In order to best manage these plants, we first needed to learn how they worked in order to develop standard operating procedures and operator training for our own personnel to use.

Ranging in scope from SOP creation, to supervisor operations training, through individual operator’s training, and certification programs, iSi has formalized the knowledge needed to train operators and managers to run effective industrial wastewater treatment systems. Learn more about the process we went through to put these procedures in place and how we can help you do the same for your own facility.

This webinar covers:

  • The Wastewater Process (Using Hexavalent Chromium as an Example)
  • Wastewater Chemistry
  • Disposal
  • Operator Training Content
  • Parameter Table for Checks and Balances

This webinar is free – click here to watch it.

 

​iSi currently manages several industrial wastewater treatment plants for manufacturing facilities. In order to best manage these plants, we first needed to learn how they worked in order to develop standard operating procedures and operator training for our own personnel to use.

Ranging in scope from SOP creation, to supervisor operations training, through individual operator’s training, and certification programs, iSi has formalized the knowledge needed to train operators and managers to run effective industrial wastewater treatment systems. Learn more about the process we went through to put these procedures in place and how we can help you do the same for your own facility.

This webinar covers:

  • The Wastewater Process (Using Hexavalent Chromium as an Example)
  • Wastewater Chemistry
  • Disposal
  • Operator Training Content
  • Parameter Table for Checks and Balances

This webinar is free – click here to watch it.

 

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EPA’s Navigable Waters Protection Rule Defines Waters of the U.S.

EPA’s Navigable Waters Protection Rule Defines Waters of the U.S.

Jan 30, 2020

EPA and the U.S. Army have finalized their definition of the Waters of the United States (WOTUS) through a new final rule called the Navigable Waters Protection Rule.

The definition of WOTUS has been at the point of contention between regulators, industry and environmental groups since the Clean Water Act amendment in 2015.   The definition has been at the heart of a number of legal battles, and an item of regulatory enforcement uncertainty.

“[The Navigable Waters Protection Rule] clearly delineates where federal regulations apply and gives states and local authorities more flexibility to determine how best to manage waters within their borders,” said EPA in a published fact sheet about the new rule.

What is Included?

Once proposed as six categories, the final rule was narrowed to four major categories of waters to be included:

Territorial Seas and Traditional Navigable Waters

Included are bodies of water such as the Atlantic Ocean, Mississippi River, Great Lakes, large rivers and lakes, tidal waters, tidally influenced waterbodies including wetlands, along coastlines — used in interstate or foreign commerce.

Tributaries

These are rivers and streams that flow to traditional navigable waters either directly or through other non-jurisdictional surface waters.  The flow must be perennial (flowing continuously) or intermittent (flowing continuously during certain times of the year), not just when it rains.

These tributaries can connect through structures such as culverts, spillways, and debris piles.  Ditches can be tributaries if they satisfy the perennial or intermittent flow requirements and could be considered an artificial channel used to convey water when they are tributaries or built in adjacent wetlands.

Lakes, Ponds and Impoundments of Jurisdictional Waters

These are included when they are traditional navigable waters like the Great Salt Lake in Utah or where they contribute a perennial or intermittent flow of water.  Lakes and ponds flooded by an included WOTUS in a typical year would be included.

However, lakes, ponds and impoundments must have a surface water connection to a jurisdictional water body.  If they are only flooded by stormwater runoff from fields, or if they lose their water only through evaporation, underground seepage or use, they wouldn’t be included.

Adjacent Wetlands

Wetlands are adjacent and included if they:

  • Physically touch other included WOTUS;
  • Are separated from an included WOTUS by a natural berm, bank or dune;
  • Are flooded by an included WOTUS in a typical year;
  • Are separated from an included WOTUS by an artificial dike, barrier or similar structure that allows direct connection between the wetland and the WOTUS through a culvert, flood gate, pump, or similar; or,
  • Are separated by a road or similar structure where there is an allowance for direct surface connection during a typical year.

What is NOT Included?

The below are not included as long as they do not meet the above definitions, and are upland and in non-jurisdictional areas.

  • Groundwater, including drains in agricultural lands;
  • Ephemeral features: springs, streams, swales, gullies, rills and pools;
  • Stormwater: diffuse stormwater runoff and directional sheet flow over upland as well as stormwater control features excavated or constructed in upland to convey, treat, infiltrate, or store stormwater runoff;
  • Farm and roadside ditches;
  • Prior converted cropland (except in the case where the cropland has been abandoned/not used for agricultural purposes in the previous five years and has reverted to wetlands);
  • Artificially irrigated areas including flooded fields for agricultural purposes;
  • Artificial lakes and ponds including water storage reservoirs and farm irrigation, stock watering and log cleaning ponds;
  • Water-filled depressions incidental to construction or mining and pits for fill, sand, and gravel;
  • Groundwater recharge, water reuse, and wastewater recycling structures (detention, retention and infiltration basins and ponds); and,
  • Waste treatment systems, that is, lagoons, treatment ponds, settling and cooling ponds, and all components designed to convey or retain, concentrate, settle, reduce or remove pollutants either actively or passively from wastewater or stormwater prior to discharge.

Representatives of the agricultural community see this new rule as a win for them as it provides some clarity for their industry and relieves some of the potential impacts the 2015 version would have put on them.  Many of the non-included features are agricultural-based.

What’s a Typical Year?

The phrase “typical year” is used widely throughout the definitions.  In this rule, typical year means the normal periodic range of precipitation and other climactic variables based on data for the past 30 years.  So, some areas which have non-typical flooding or non-typical drought during some calendar years may or may not be included depending on what is “typical.”

What Really Matters:  What Are Your Local Laws?

The Navigable Waters Protection Rule defines the requirements of federal law.  However, some states like California have developed their own regulations and definitions that are stricter and the federal law allows for that.  Be aware of what’s required locally, and that’s the rule you’ll need to follow.  However, having this clearer definition of the federal law may be a help in determining what the differences are locally.

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EPA Rule Adds PFAS Chemicals to the TRI Report

EPA Rule Adds PFAS Chemicals to the TRI Report

Jan 24, 2020

EPA has added certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals which need to be tracked annually on your EPA Toxic Release Inventory (TRI) report (below).   This rule is effective 1/1/2020, so you’ll need to start tracking and collecting data on their usage immediately.

PFAS chemicals (aka PFOS and PFOA because these are the most common PFAS chemicals) have been widely used in industrial processes and can be found in many consumer products including firefighting foam, pizza boxes, cookware, paints and polishes, electronics manufacturing, fuel additives and more.

The new rule was signed into law through the National Defense Authorization Act on December 20, 2019.  Reporting threshold is only 100 pounds, far less than typical TRI chemicals.  The de minimis concentration for PFOA is 0.1% and all other chemicals have a de minimis level of 1%.

Because PFAS chemicals come in so many shapes and sizes and in so many industries and consumer products, it’s thought that an alarmingly high percentage of people have been exposed to them.  Contaminated drinking water is the most documented source, but food, house dust, and workplace exposure are among the top as well. In communities with contaminated drinking water, human health effects that have been found include higher cholesterol, increased uric acid, lower birth weight, lower response to vaccines, diabetes, and cancer.

As a result, dealing with PFAS issues has become an EPA focus.  There have already been other efforts by EPA recently to develop methods and guidance for drinking water monitoring and laboratory testing, development of a PFAS Management Plan, conducting toxicity reviews, development of recommendations for addressing groundwater already contaminated with PFAS, and other actions.

If you need assistance with determining if this new requirement affects your facility, we can help.  Contact us today!

PFAS Now on TRI List

Click here to go to EPA’s list of PFAS chemicals that you need to start tracking now for your TRI report.

NAICS Codes Affected

EPA lists the NAICS codes of industries subject to TRI reporting.  Is your company affected?  Click here to go to EPA’s list of NAICS codes.

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What is a TRI Report?

TRI, Form R and SARA 313 are all names for the same report.  What is it and does it pertain to you? Click here to find out.

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brady gerber
brady gerber

Contributing:

Brady Gerber

Environmental Field Services Supervisor | Project Manager

Brady Gerber has over 13 years’ experience working in environmental site investigation and remediation projects and various environmental compliance regulations pertaining to stormwater, fuel storage, hazardous waste, wastewater discharge, spills, emergency response, and brownfields.

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EPA Finalizes Aerosol Can Universal Waste Regulation

EPA Finalizes Aerosol Can Universal Waste Regulation

Dec 19, 2019

As we first reported here in April 2018, and is now final, EPA is allowing generators to handle aerosol cans as a universal waste rather than a hazardous waste.   The rule becomes effective February 7, 2020.

The final rule looks a bit different than the proposed ruling, and has clarified some issues, especially in the puncturing and draining of cans.

The goal of classifying aerosol cans as universal waste is to reduce regulatory costs, ease regulatory burdens on retail stores and other businesses that discard aerosol cans, promote the collection and recycling of the cans, reduce the amount of cans going to landfills, and save over $5.3 million per year.

Who’s Affected?

The new aerosol can universal waste rule applies to all persons that generate, transport, treat, recycle or dispose of aerosol cans.  It does NOT apply to very small quantity generators or households.

Aerosol Can Definition

In terms of what can be included as an aerosol can, EPA decided to broaden its definition to be more in line with DOT regulations.  Their definition:

“…aerosol can is defined as a non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.…Because compressed gas cylinders, unlike aerosol cans, require special procedures to safely depressurize, it would not be appropriate to include them in the final rule.”

Labeling

Each aerosol can, or a container in which contains aerosol cans, must be labeled or marked with any of the following phrases: “Universal Waste—Aerosol Can(s),” “Waste Aerosol Can(s),” or “Used Aerosol Can(s).”

Storage

Handlers must ensure their management of universal waste aerosol cans do not create releases to the environment.

  • Cans must be accumulated in containers that are structurally sound and compatible with the contents of the can, and show no evidence of leaks, spills, or damage that could cause leaks.
  • Universal waste can be stored for up to one year.
  • Handlers may sort aerosol cans by type and consolidate intact aerosol cans in larger containers.
  • Handlers can remove actuators to reduce the risk of accidental release.
  • Cans may be punctured and drained when the emptied cans are to be recycled.
  • Leaking and damaged cans must be packaged in a separate closed container, overpacked with absorbents, or punctured and drained.

Puncturing/Draining Written Procedures

Puncturing and draining must be conducted by a device specifically designed for that purpose, and must effectively contain the residual contents and any resulting emissions. Commercially-manufactured and custom designed or retrofitted machines are acceptable, as long as they meet acceptable engineering and design standards are met and that specific procedures are followed.

To ensure the process and devices safely puncture cans, effectively contain residual contents, and control emissions, EPA is requiring handlers to develop and follow written procedures that take the necessary precautions to protect human health and environment.  The procedures require:

  • Operation and maintenance of the unit (e.g., including manufacturer’s and state guidances);
  • Segregation of incompatible wastes;
  • Proper waste management practices (e.g., ensuring that ignitable wastes are stored away from heat or open flames, wearing proper PPE, keeping containers closed, not overfilling containers, etc.);
  • Maintain a copy of manufacturer’s instructions onsite; and,
  • Ensure employees operating the machines are trained in proper procedures.

Handling

  • It will be the handler’s responsibility to ensure wastes are compatible with each other for worker safety, environmental safety, and fire prevention purposes.
  • Puncturing equipment must be placed on solid, flat surfaces in well-ventilated areas.
  • The hander must immediately transfer contents from the can to a container or tank.
  • The handler becomes the generator of the waste and should manage it in accordance with RCRA guidelines. As such, after transfer of contents to the container/tank, a hazardous waste determination should be made.

Spill and Leak Prevention Written Procedures

The aerosol can universal waste rule requires written procedure be in place in the event of a spill or leak.  In addition, a spill clean-up kit should be provided. All aerosol can spills or leaks should be cleaned up promptly.

Land Disposal Restriction

Aerosol cans, as other universal wastes, will be exempt from land disposal restriction requirements.  Aerosol can universal waste will be added to the LDR requirements.

Wait – Be Aware of Your State Requirements

EPA considers this rule less stringent than current federal programs, and thus, states will not be required to adopt this rule.  However, EPA says that many states already recognize aerosol cans as universal waste, and they are encouraging states to adopt this recognition.  Check the regulations in your state and their stance on incorporating this final rule before adopting these policies.  Depending on your state regulations, you will still need to treat them as hazardous waste until your state incorporates these changes into their own regulations if they differ.

Questions?

If you have questions about the new aerosol can universal waste regulation or about your company’s compliance with it, contact us today!  If you need to learn more about hazardous waste regulations in general, check out our hazardous waste management and RCRA Refresher class schedule or arrange for one at your facility!

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EPA Issues Air Permitting Updates for New Sources, PSD and Title V Air Permits

EPA Issues Air Permitting Updates for New Sources, PSD and Title V Air Permits

Dec 13, 2019

​EPA has issued air permitting updates in order to help companies save time and reduce paperwork and compliance burdens.

Air Permitting Update:  Definition of Adjacent Areas

As we first reported here last fall, EPA was considering changing the interpretation of the word “adjacent” for its EPA Title V air permit and New Source Review (NSR) air permits for new construction or modifications.  That interpretation change is now final.

In the regulations, the word adjacent comes into play when determining if a facility qualifies for permits.  When determining sources, a building, structure, facility or installation must be under the control of the same person, belong in the same industrial grouping, and located on one or more contiguous or adjacent properties.  When it came to “adjacent”, EPA had been also considering “functional interrelatedness,” that is, grouping together facilities with similar functions, even if they were miles apart.

According to the new rule, for all industries other than oil and natural gas production and processing, adjacent is physical proximity only.  EPA makes additional comments on the word “contiguous” as well, noting the difference between adjacent and contiguous.  Operations do not have to be contiguous to be adjacent.  That is, operations that do not share a common boundary or border, not physically touching each other will be adjacent if the operations are nearby.  If there is proximity (neighboring or side-by-side operations where the “common sense notion of a plant” can be deduced) that will be considered adjacent.  Railways, pipelines and other conveyances will not determine adjacency.

Please note that states with their own air permitting programs aren’t required to follow the new interpretation, so be aware of the regulations in your own state.

More information about EPA’s change can be found here.

Air Permitting Update:  Revised Exclusions for Ambient Air

EPA has broadened the exclusions industrial facilities can take from the ambient air regulations.

The Clean Air Act sets standards that affect ambient air quality, that is, that portion of the atmosphere, external to buildings, to which the general public has access.  In the air permitting process, companies are required to make air quality analyses of how their operations, (or changes to operations) will affect the ambient air quality.  Within that requirement, there’s been an exclusion for areas that the public didn’t have access to.  That is, you didn’t have to count the effects to the air quality of the areas of your facility that the public didn’t have access to as long as your company owned or controlled that area.

Until now, fences and other physical barriers have been the determining factor on public access.

In the updated regulations, EPA is allowing for other types of measures to which deter public access.  Some examples could include:

  • Signage
  • Security Patrols
  • Remote Surveillance Cameras
  • Drones
  • Natural Barriers Such as Cliffs or Rugged Terrain (case-by-case basis)

Your company will still need to have the legal authority to prevent the public from going onto that property.  Please note that in this case as well, states with their own air permitting programs aren’t required to follow the new interpretation, so be aware of the regulations in your own state.

For more information, check out the EPA’s guidance page here.

How Does This Apply to Your Facility?

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SPCC Plans: What Are They and Does Your Company Need One?

SPCC Plans: What Are They and Does Your Company Need One?

Oct 4, 2019

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If your company uses or stores large quantities of oil, you may be subject to EPA’s Spill Prevention, Control and Countermeasures, or SPCC regulation and be required to have a plan to prevent discharges of that oil into navigable waters.

Who Needs to Comply with SPCC?

SPCC regulations cover all types of oils, including petroleum, fuel oil, sludge, vegetable oils, mineral oils and synthetic oils.  If your facility has the capacity aboveground of 1,320 gallons or more or underground capacity of 42,000 gallons or more, you quality for this regulation. 

To count capacity, add together everything that can store 55 gallons or more of petroleum.  This includes drums, totes, tanks, or any other storage vessel.  Also included in the total is the capacity from equipment such as hydraulic systems, lubricating systems, gear boxes, coolant systems, heat transfer and transformers, circuit breakers and electrical switches. 

Therefore, all types of industries are included within this regulation, including, but not limited to:

  • Industrial and Commercial Facilities Using or Storing Oil
  • Oil Exploration and Production
  • Refining and Storage
  • Airports
  • Marinas
  • Power Transmission, Generation and Distribution
  • Construction
  • Waste Treatment

What’s the Purpose of SPCC?

SPCC planning is the practices, procedures, structures, and equipment used at the facility to prevent spills from reaching and contaminating navigable waters.  Most facilities will discharge to navigable waters because this often includes ditches, storm sewers, and other drainage systems that can lead to streams, creeks and other bodies of water.

SPCC planning includes three basic functions:

1)  Practices devoted to the prevention of spills,
2)  Planning for containments should a spill occur, and
3)  Removal, cleanup, and disposal of spilled materials. 

These basic functions are incorporated into the SPCC Plan.

What’s Included in an SPCC Plan?

A SPCC Plan has several required elements, including:

  • Petroleum-related chemical quantities and locations;
  • Release prevention structures;
  • Release prevention procedures;
  • Procedures in place to respond to a spill, should it occur;
  • Equipment used to prevent or respond to a spill;
  • Key personnel;
  • Training programs;
  • Spill history; and,
  • Certification.

In most cases, the certification of the SPCC Plan needs to be completed by a professional engineer. 

Compliance Deadlines

If you make changes to your facility, such as adding containers, secondary containment structures, or installation of piping, you must update your SPCC Plan within six months of the change. 

Per requirements, review your SPCC Plan every 5 years and make changes accordingly.

Where Do You Send the SPCC Plan?

Unless you’re asked for it, your plan stays onsite and is not required to be submitted to EPA or your state office.  Some states do have SPCC requirements in addition to the EPA requirements.  EPA says that if the facility the SPCC Plan covers is staffed at least 4 hours per day, the Plan needs to be maintained there.  If the facility is not staffed 4 hours per day, then it can be maintained at the nearest field office.

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Do you need an SPCC Plan?  If you have one, when was the last time it was reviewed?  iSi has worked with hundreds of plans and we’d like to help.  Contact us today!

Does this apply to your facility?  Do you need help writing or updating your SPCC Plan? — Contact us today!

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Citation Case Study: Fluorescent Lamps Hazardous Waste Violation

Citation Case Study: Fluorescent Lamps Hazardous Waste Violation

Sep 26, 2019

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Haz Waste Audits

iSi conducts audits and inspections to find potential environmental violations, including hazardous waste.  Let us give you that second set of eyes to make sure your company is on track.

Schedule Inspection

The following is an example of a fluorescent lamp hazardous waste citation given to a manufacturing facility by a state’s environmental regulatory agency.  The company appealed to the state’s Office of Administrative Hearings.  Although this particular citation was from a state regulatory agency, the citation referenced a federal hazardous waste regulation and thus this issue may be cited in any location.

Can this scenario be found at your facility?

Scenario:

A company was found with one spent 8’ fluorescent lamp on a shelf. 

The Citation:

40 CFR 273.13(d)(1), 273.14(e), and 273.15(c)

The company was cited with hazardous waste violations for

1)  Failure to containerize lamp;
2)  Failure to label lamp as Universal Waste; and,
3)  Failure to mark lamp with accumulation start date

The company tried to prove that the lamps used are non-hazardous (do not contain mercury above the TCLP limit) and were purchased from Lowe’s by providing receipts.  However, receipts found were from 4’ lamps and not 8’ lamps.

The company also stated that a marked container was indeed present for lamps (and the state environmental agency acknowledged a container marked “Universal Waste – Lamps” was present in their notes from the inspection).  The company argued that therefore, they should not be cited for the container violations of failure to label and failure to date, only the failure to containerize.

The Ruling in Appeal:

It was found that while the fluorescent lamp was ultimately placed in the container as required, that it did not detract from the fact that, upon inspection, the spent lamp had not been placed in a container. Moreover, since the lamp was not in a labeled container, the regulation requires that the lamp itself be labeled. If the lamp was not in that container then it must be labeled, according to the regulation.

Likewise, the fluorescent lamp needed to be dated to indicate when it became waste.  While the there was a labeled and dated container in the facility, the lamp in question was not in that container.  Because the lamp was not in the container maintained by the facility, the company was in technical violation of all three regulations.

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