Phase I ESAs: Reveal the Hidden Truths Behind Your Next Property Acquisition

Phase I ESAs: Reveal the Hidden Truths Behind Your Next Property Acquisition

Sep 5, 2019

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Phase I ESAs

iSi conducts Phase I ESAs, as well as Phase II ESAs which include sampling of water, groundwater, soil and more.  Add us to your list of potential vendors for your next property transaction!

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Imagine this scene:  your company just purchased a prime piece of property and has proceeded to establish your business on that land.  Your company uses few chemicals and those you do use are carefully managed.  Ten years later, chemicals commonly used to degrease parts appear in private wells in the area.  Upon investigation, it’s found that 30 years ago, a previous owner of the land operated a printing plant on the site.  This company used hundreds of gallons of the same chemical to clean their presses and they disposed of the remaining chemical on the ground.  The groundwater is now contaminated.  You didn’t put it there, but you own the land. And the printing company is out of business.

Who’s going to clean all of the wells?  According to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), or Superfund, your company, as the landowner, can be held responsible for the cleanup.  EPA will either order your company and other potentially responsible parties on the chain of ownership to clean the site or they will clean it themselves and sue you for reimbursement.  What defense does your company have?

What is a Phase I Environmental Site Assessment?

Because current owners can be held liable for environmental damage on their land, even when they didn’t cause it, lenders and insurance providers will usually protect their assets by requiring an environmental inspection of the property prior to its purchase.  Commonly called a Phase I Environmental Site Assessment (ESA), this inspection provides the “due diligence” necessary to assess the environmental conditions of the property with reasonable confidence.

Innocent Landowner Defense

Superfund only recognizes three defenses to a landowner’s liability in such a case: an act of God, an act of war, and the “innocent landowner” defense.  An innocent landowner is one who used “due diligence” to determine if there was a potential for contamination on the site before buying it, and the Phase I will meet this requirement. 

However, for a Phase I to have any meaning in establishing an innocent landowner defense, it must be produced following guidelines established by the American Society of Testing Materials (ASTM).  The guidelines are voluntary, but they are a consensus among lenders of what research is necessary to provide a satisfactory evaluation of a property’s environmental condition.

What’s Included in a Phase I ESA?

  • History of Site Usage: A title search, interviews of past owners and neighbors, map analysis, historical document analysis should be conducted.
  • Review of Public Records: A search of federal, state and local information to identify nearby regulated facilities that could impact the property (e.g., underground storage tanks, hazardous materials generation amounts) should be evaluated.
  • Site Reconnaissance of Property and Adjacent Properties: A walkthrough site inspection should be completed to identify recognized environmental hazards such as disposal sites, leaks, storage tanks, water or gas wells, and sumps or the obvious presence of asbestos, lead, or transformers that contain PCBs.  In addition to the physical inspection, the topography, geology, and hydrology of the site and surrounding region should be researched and evaluated to determine the potential for a neighbor’s contamination to migrate to the property.

What Kind of Transactions Require a Phase I ESA?

There are a number of instances where a Phase I ESA can be very beneficial:

  • Purchasing Property:  A Phase I can alert the buyer to possible contamination before the purchase of property.  It can also serve as documentation of the condition of the property at time of purchase.
  • Leasing Property (As the Tenant):  A Phase I can serve as documentation of the environmental condition of the property before the lease begins and after lease termination.  Without the assessment, the tenant may be held liable for contamination caused by past or future tenants.
  • Leasing Property (As the Landlord):  A Phase I should be conducted before and after a tenant occupies the property. Prior to leasing, the Phase I can serve as a baseline of the condition of the property, and after the tenant leaves, the Phase I can properly document and address any environmental issues left by the tenant.
  • Disposal of Property:  A Phase I can serve as a baseline of the condition of the property at time of disposal.  This will help protect the disposer from future liability.
  • Other Transactions:  Use Phase I ESAs for land swaps, right-of-way purchases, easements and special use permits (i.e., public recreation, grazing, mining, etc.)

Are you planning a real estate transaction in the next few months?  Let iSi conduct your Phase I ESA for you, or provide one of our other real estate or new facility services.  Contact us today!

Selling or purchasing property?  Let iSi conduct the Phase I ESA — Contact us today!

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Citation Case Study: Paint Drippings on the Ground a Hazardous Waste Violation

Citation Case Study: Paint Drippings on the Ground a Hazardous Waste Violation

Aug 22, 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.

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The following is an example of a 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 had paint drips on the ground outside by their dumpster.  The paint drips had accumulated over time since the company had been in the same location for over 10 years.

The Citation:

40 CFR 265.31

The company was cited for violation of hazardous waste rules for “Failure to prevent the possibility of fires, explosions or sudden releases of hazardous waste.” 

The company tried to prove the paint drips came from exempt containers that were RCRA empty at the time of disposal into the dumpster, and the paint drips had accumulated over time.

The Ruling in Appeal:

In this appeals process, a judge reviewed the work of the state inspector and heard testimony by the cited company. 

The first consideration was whether all wastes were removed from the can that could be removed, as required by regulation in order for the remaining contents to be exempt. KDHE and the Administrative Judge found that if the contents were able to drip from the cans upon transport to the dumpster, and in the quantity dripped, not all of the wastes were removed from the paint cans that could have been removed. As a handler of hazardous wastes, the company had a responsibility to take precautions to ensure that hazardous materials were not subject to a release “to air, soil, or surface water which could threaten human health or the environment.”  

The judge noted that spills were understandable; however, the failure to clean up the spills and mitigate the release is crucial. 

With the premise that the hazardous waste contents of the paint cans were no longer exempt once they exited the paint can(s), the question is then whether the spills identified during the inspection violated 40 CFR 265.31.  The regulation states: “Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.”  The judge found that the company did not minimize the possibility of a fire or release of hazardous waste, and took the least restrictive means’ of handling a hazardous waste, resulting in spills.

Possible Solution:

During the hearing a question was posed to the inspector as to what could have been done to prevent the spills. The inspector mentioned the possibility of using better bags for disposal or even double bagging the paint containers, and landfills are constructed to avoid release of hazardous wastes into the environment.

The company was told it must take precautions to mitigate release, at the very least until the waste reaches the landfill and the citation was upheld.

How does your hazardous waste program look?  Let our experts do a walkthrough to see what could be potential violations!

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EPA’s National Compliance Initiatives Show Enforcement Priorities

EPA’s National Compliance Initiatives Show Enforcement Priorities

Aug 1, 2019

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We can help determine which of these apply to your facility, and help you make sure you’re on the right track if you’re inspected.

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Just like OSHA has national emphasis programs for areas they want to target in their enforcement, EPA has its own national emphasis targets.  Called the National Compliance Initiatives (NCI), EPA has listed 7 priority areas to target for enforcement for Fiscal Years 2020-2023. 

So what’s on the EPA NCI Target List?

Air – Reducing Air Emissions at Hazardous Waste LQGs and TSDFs

EPA has found that facilities that generate a greater amount of hazardous waste have air emissions issues.  Their focus will be on air emissions at Large Quantity Generators (LQGs) and Treatment, Storage and Disposal Facilities (TSDFs).  This emphasis item was in the agency’s last list of NCIs, and inspectors have found there is still significant noncompliance at these facilities.  EPA wants improved compliance in controlling organic air emissions from certain management activities.  They will especially be looking at the following areas in which they are continuously finding problems:

  • Leaking or open pressure relief valves;
  • Tank closure devices;
  • Monitoring; and,
  • Recordkeeping.

Water – Reducing NPDES Permits Noncompliance

EPA will be looking at your facility’s NPDES (National Pollutant Discharge Elimination System) permits to see if you’re in compliance.  NPDES permits are for water discharges, whether they be wastewater, stormwater or otherwise.  In 2018, 11,000 permits had violations totaling 4 billion pounds of pollutants above permitted limits, and EPA wants to crack down on that.  Out of 40,000 facilities with NPDES permits, EPA estimates 29% are in significant noncompliance.  EPA’s goal is to cut that in half by fall 2022.  EPA specifically mentions failure to submit required reports and significant exceedances of limits as two of the most violated areas.

Air – Reducing Excess Emissions of HAPs and VOCs from Stationary Sources

EPA wants a focus on reducing emissions of volatile organic compounds (VOCs) and hazardous air pollutants (HAPs).   They will be focusing on sources of VOCs that may have substantial impact on an area’s attainment or non-attainment of National Ambient Air Quality Standards.  EPA will also be focusing on areas with a greater concentration of HAP sources.  EPA has listed over 180 chemicals that are HAPs, including mercury, asbestos, toluene, cadmium, chromium, benzene, perchloroethylene, and lead.

Hazardous Chemicals – Reducing Risks of Accidental Releases at Industrial and Chemical Facilities

This was on EPA’s list last time, and is continuing.   This NCI not only applies to facilities subject to Risk Management Program requirements (for accidental chemical releases at facilities that store certain chemicals above a certain threshold).   EPA cites a General Duty Clause in their Clean Air Act to cover all facilities with regulated substances and extremely hazardous substances, regardless of quantity.  They’ll be using that General Duty Clause (Clean Air Act Section 112(r)) which requires companies:

  • Identify hazards that may result from accidental releases by using appropriate hazard assessment techniques;
  • Design and maintain a safe facility;
  • Take steps to prevent releases; and,
  • Minimize the consequences of the accidental releases that occur.

It will be important that your facility not only has conducted the proper hazard assessments and has plans and controls in place, but has documentation that has occurred.  This exercise and documentation will help you with both EPA and OSHA compliance.

Air – Stopping Aftermarket Defeat Devices for Engines

This is a new item on EPA’s list.  They will be looking to stop the manufacture, sale and installation of defeat devices on engines.  Often called tuners, these devices bypass the engines’ emissions control systems in order to improve engine performance or fuel efficiency.  The systems modify the exhaust system or electronic chips within the vehicle.   EPA has been levying fines on car manufacturers for a number of years in this area.  One of the most famous cases is the recent Volkswagen emissions scandal where vehicles were rigged to recognize regulatory emissions testing, but operated differently in real world driving conditions.  Now EPA is going after the aftermarket manufacturers and have already started.  However, the emphasis isn’t just limited to vehicles on the road, it’s for any engine, including non-road vehicles and engines.

Water – Noncompliance with Drinking Water Standards at Community Systems

This is a new NCI area for EPA.  EPA says that out of 50,000 Community Water Systems that serve water to the same people year-round, 40% violated at least one drinking water standard in 2018.  Also at these facilities, 30% had monitoring and reporting violations and 7% had health violations.  EPA’s goal is to reduce this noncompliance by 25% by having EPA’s Office of Water work to increase capacity within the states and tribes to address these violations.

Lead – Child Exposure to Lead

This one is an unofficial NCI emphasis because it will be treated as a directive but not be a part of the official NCI enforcement list as a separate program.  EPA has an overall initiative for lead, and the NCI guidance documents affirm enforcement commitment to participating in that initiative.   Plans for EPA’s overall lead initiative include:

  • Increasing compliance with and awareness of lead-safe renovations with the Renovation, Repair and Painting rule;
  • Developing a mapping tool to identify communities with higher lead exposures;
  • Targeted geographical initiatives; and,
  • Public awareness campaigns on lead issues.

What’s Next:  Regional Plans

Each region is to develop a strategic plan on how they will be accomplishing these EPA NCI goals.  Within these plans the regions are to determine how they’re going to allocate resources to these NCIs and how much investment will be put into each one.  The plans are due August 1.   

These NCIs are the goals for Fiscal Year 2020-2023, thus they will go into effect October 1, 2019.

Does your facility fall under these targets?  We can help you determine that, and get you ready — Contact us today!

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EPA’s “Once In, Always In” May Be Officially on the Way Out

EPA’s “Once In, Always In” May Be Officially on the Way Out

Jun 28, 2019

EPA has proposed a rule that would officially eliminate the air regulations rule of “Once In, Always In” for major source hazardous air pollutant (HAP) emissions.  As a result, EPA is estimating reduced regulatory burden for thousands of locations, and thousands of others could now have a better incentive to reduce air emissions.

Background: Air Emissions Regs

Locations that emit one or more of the 187 named hazardous air pollutants above a certain threshold are classified as a “major source.”  As a result, they become subject to a number of additional regulatory obligations.  They are required to follow certain rules established by their related Maximum Achievable Control Technology (MACT) rules and are required to complete annual Title V Air Emissions permitting. 

If locations have HAP air emissions below the stated threshold, they are classified as “area sources.”  The regulatory requirements at this level are much less burdensome.

What’s Once In, Always In?

EPA’s Once In, Always In policy stated that once a location reaches that major source classification, they were always going to be a major source, not matter what – even if the company took steps to reduce emissions below that threshold.  It was developed in 1995 as a guidance memo and originally intended to only be in place until the agency could propose amendments, but it stayed in permanently. 

As part of the 2017 Executive Order for agencies to review and reduce regulations, EPA looked at Once In, Always In.  They determined the Clean Air Act really did not specify or support time limits.  As a result, EPA issued its own interpretation memo saying there was no basis for major sources to have that classification permanently.  These sources should have the ability to reclassify as area sources if they implemented the controls and reductions necessary to become area sources.

This new proposed rule is the formal step to make this interpretation final.

The Benefits

This rule will benefit companies that have already implemented technologies to control HAP emissions, and companies whose processes or operations have changed to the degree that they no longer emit or have the capabilities to emit HAPs above the thresholds. 

EPA estimates that out of 7,920 major sources, approximately half will now be eligible to reclassify as an area source.  Besides the lessened compliance burden, EPA estimates costs savings of $168.9 million in the first year, and $163-$183 million each year after.

Those companies who are still major sources will also now have a concrete incentive to make changes to operations that would further reduce HAP emissions.

Public Comment

Find out more information about this rule here.  EPA is also soliciting public comment at regulations.gov.  They want to hear about all aspects of their proposal including their interpretation of Once In, Always In, requirements for establishing effective HAP limits, allowing limits issued by states/local/tribal agencies as effective as long as they are legally and practically enforceable, and ideas for safeguards to ensure emissions are not increased.

Which Source Are You?

Is your site a major source or an area source? Can you reclassify?  Let us help!

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What are Lab Packs and How Could Your Facility Use Them?

What are Lab Packs and How Could Your Facility Use Them?

Jun 20, 2019

Casey Moore, iSi Environmental

About the Author: iSi’s Casey Moore has more than 25 years of experience in the hazardous waste industry including working for hazardous waste carriers and operating hazardous waste facilities in California and Arizona.

I’ve never been a fan of “spring” cleaning, but it’s a necessary part of good housekeeping around the home or at your facility. When was the last time your facility did a “spring cleaning” walkthrough to see if there are any materials around your workplace that are expired, or you don’t need?  Flammable cabinets, chemical storage, research/QC labs and maintenance shops are likely places these items accumulate.

What is a Lab Pack?

Since most of the items in these locations are likely to be in smaller containers, they aren’t treated like regular waste streams. Lab packs are a practical solution. Lab packs are consolidation packaging of “like” materials from the smaller containers into larger containers to satisfy proper DOT shipping and EPA RCRA hazardous waste management.

The lab pack was designed for managing expired materials in labs, however, it’s something that can be used for any facility that needs to do a cleanout of smaller containers usually less than 10 gallons each.

What Items Are Candidates for a Lab Pack?

Look for jars, jugs, vials and cans of hazardous materials, including chemicals, solvents, paints, thinners, acids, cleaners, strippers, inks and more. These are typically out of date, off-specification, partially used, and no longer needed.

Who Does Lab Packing?

There are strict regulations about who is qualified to do lab packing. These persons need to determine which containers can be put together and which ones may cause harmful reactions when mixed. Typically, hazardous waste carriers provide this service.

How is Lab Packing Accomplished?

First, items are segregated, that is, sorted, for combining into one larger container.  Items are segregated by:

  • Hazard class — most common are flammables, corrosives, and toxics
  • Type of material — liquids, solids, etc.
  • Compatibility

“Paper pack” is the term used to show the segregation by container. An initial inventory list is converted into lab pack inventory sheets (what goes into each container). This is what waste companies use to create approval numbers for compliance under RCRA. It is also how they establish price. Pricing is based on disposal, transportation and labor associated with packaging.

Packaging is accomplished by:

  • Putting the segregated materials into their respective larger containers;
  • Filling with a packing material (vermiculite is most common) to create stability and containment while shipping;
  • Vermiculite will be in the base and surrounding each of the internal containers; and,
  • The smaller containers are placed into the larger container vertically, so the label with the double arrows pointing up is on the outer packaging.

RCRA Regulation Implications

A lab pack counts towards your waste generation status if you’re a Very Small Quantity Generator (VSQG) or a Small Quantity Generator (SQG), so be mindful of the amount of hazardous waste generated in the process.

For states that have already adopted the Generator Improvements Rule, this is a good use of the episodic event and would not count against your generator status.

If you have any questions regarding lab packs or hazardous waste regulations, contact us!

iSi can help with hazardous waste compliance and facility walkthroughs to find environmental and safety issues.  Contact us today!

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EPA’s Mercury Inventory Report Due July 1

EPA’s Mercury Inventory Report Due July 1

May 9, 2019

Any person, company or organization who manufactures or imports mercury or mercury-added products, or intentionally uses mercury in a manufacturing process are required to file a report to EPA by July 1, 2019. 

Called the “Mercury Inventory Reporting Rule,” it is a part of the Toxic Substances Control Act (TSCA).  The final rule for this was published in June 2018.  TSCA requires EPA to publish an inventory on mercury supply, use and trade every 3 years.  EPA’s next inventory is due in 2020, so as a result, they are requiring those use and import mercury to get their data submitted by July 1, 2019.

Requirements

If you fall under this requirement, it doesn’t matter how much mercury you use, you still need to report to EPA.  Reporting is done through EPA’s Central Data Exchange.

The data you’ll use in the report are quantities from calendar year 2018.  Some of the items required to be reported include:

  • Amount of mercury produced, imported, stored, used, sold, or exported;
  • Types of products made;
  • Types of manufacturing processes and how mercury is used;
  • Business sectors to which mercury or mercury-added products are sold;
  • Country of origin of imported mercury or mercury-added products; and
  • Destination country for exported mercury or mercury-added products.

Once submitted, you’ll be required to submit this report again every 3 years.  EPA will not publish names or identifying information once they publish the results.

Exemptions

There are a few exemptions to reporting.  In the following instances you won’t need to report:

  • Your mercury activity isn’t for commercial advantage;
  • The mercury you use is only as an impurity;
  • You’re generating, handling or managing mercury-containing waste only (and not recovering it for commerce purposes)
  • The mercury is in an assembled product that contains a mercury component (EPA gives the example of a mercury light bulb for a car manufacturer); or,
  • You manufacture assembled products that contain a component that’s a mercury-added product but you didn’t manufacture or import that component.

EPA Webinar

EPA is having two webinars to explain this Mercury Inventory Reporting Rule.  One is Tuesday May 21, the other is Thursday May 23.  Click on those dates to go to the signup page for each.

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

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

Apr 18, 2019

EPA has announced its first ever comprehensive nationwide Per- and Polyfluoroalkyl Substances (PFAS) Action Plan. This action plan attempts to address two of the most common PFAS chemicals; PFOA and PFOS.  Despite having called this press conference, no definitive regulations have yet been set in place.  This has led to some frustrated state regulatory agencies deciding to move on without EPA in fear that EPA regulations may take 10 years or more to materialize and finalize, if ever.

So far, 8 states have adopted bills regarding PFAS chemicals and other states are already trying to determine what to do about them.  Because regulations may be seen on the state level before the federal, we believe an awareness of this issue – what is it, why is it important – will prove to be highly beneficial.  

In seminars and conferences, we’ve even heard these mentioned as potentially “the new asbestos” in terms of prevalence of exposure and need for elimination.

SO WHAT ARE PFAS CHEMICALS?

Simply put, per- and polyfluoroalkyl substances are a class of man-made chemicals that are widely used in industrial processes and can be found in many consumer products. They are split into two groups: Polymers and Non-polymers. To be a bit more specific, PFAS chemicals are chains of carbon atoms that are bonded by fluorine atoms. The chemistry is very complex, which is what allows for there to be thousands upon thousands of variations existing in commerce today.

WHERE CAN PFAS BE FOUND?

It would almost be easier to say where they aren’t found!  PFAS chemicals can be found anywhere; in pizza boxes, cookware, paints, polishes, electronics manufacturing, fuel additive, and more! There are even cases of the direct release of PFAS products into the environment. The use of aqueous film-forming foam (AFFF) for fire fighting, chrome surfacing facilities, landfills, and wastewater treatment all contribute to the release of PFAS chemicals in the environment.

Some applications where PFAS-containing materials are used include:

  • Water and stain resistance in textile and paper coating
  • Plastics manufacturing
  • Reducing surface tension in surface coatings
  • Stabilizing agents for metal finishing and electroplating
  • Industrial rinse agents
  • Solder wetting agents and coatings in semiconductors
  • Cable and wiring manufacturing
  • Building and construction
  • Anywhere that uses fire fighting foams (military, oil refineries, manufacturing, airfields)
  • Recovery in metal mining and oil extraction


WHY IS IT IMPORTANT?

Some PFAS chemicals are known to be persistent in the environment, bioaccumulative in organisms, and toxic at relatively low levels. The fact that PFAS chemicals come in so many shapes and sizes and in so many industries and consumer products means that an alarmingly high percentage of people have been exposed to PFAS chemicals. Contaminated drinking water is the best documented source of known human exposure pathways, but food, house dust, and workplace exposure are amongst the top as well. In communities with contaminated drinking water, human health effects include higher cholesterol, increased uric acid, lower birth weight, lower response to vaccines, diabetes, cancer, and more.

EPA’s ACTION PLAN

EPA’s Action Plan covers a number of different areas.  However, most of these plans are in the development, research, and pre-regulatory phase.  They are focusing efforts on developing rules and tools for Cleanup, Monitoring, Research, Communication, and Drinking Water.  For more information on PFAS chemicals , visit EPA’S PFAS data and tools website at https://www.epa.gov/pfas/epa-pfas-data-and-tools.

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iSi’s Environmental Reporting Webinar

iSi’s Environmental Reporting Webinar

Jan 10, 2019

osha-silica-dust-construction-general industry-webinar

Webinar

Attend our webinar to determine how these regulations apply to your organization.

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osha-silica-dust-construction-general industry-webinar

Webinar

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There are a number of environmental reports companies in general industry must prepare on an annual basis.

Some like EPA’s SARA Tier II, SARA Form Rs, Air Emissions Inventories and Hazardous Waste Biennial Reports have set dates.  Others for air, hazardous waste, wastewater, stormwater and boilers may be guided by your state or your permit itself. 

In this webinar, we’ll cover the basics of the most common reports you may be required to prepare for your facility each year and the due dates you need to know.  

Need help sorting out your reporting requirements? Let iSi help!

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Mason Selected to Join EPA Policy and Technology Council

Mason Selected to Join EPA Policy and Technology Council

Dec 27, 2018

gary mason

iSi CEO Gary Mason

Acting EPA Administrator Andrew Wheeler selects iSi CEO Gary Mason to join EPA’s National Advisory Council for Environmental Policy and Technology, or NACEPT. 

“This is an amazing opportunity to participate on developing environmental policy for our nation.  I’m extremely excited and look forward to working with other members of the council,” said Mason.

NACEPT brings together representatives from the government, business and industry, environmental organizations, academia, and other groups to advise the EPA Administrator on issues relating to federal environmental statutes, executive orders, regulations, programs and policies.

As part of the Council, Mason will be providing advice and recommendations on:

  • Developing and implementing domestic and international management policies and programs;
  • Developing guidance on how EPA can most efficiently and effectively implement innovative approaches throughout the Agency and its programs;
  • Identifying approaches to enhance information and technology planning;
  • Improving approaches to environmental management in the fields of economics, business operations, and emerging technologies;
  • Increasing communication and understanding with the goal of improving the effectiveness of federal and non-federal resources directed at solving environmental problems; and,
  • Evaluating statutes, executive orders, and regulations and reviewing and assessing their progress.

As a co-founder of iSi Environmental and former Deputy Secretary for the Kansas Department of Health and Environment (KDHE), Gary has developed insight to the regulatory climate that businesses must operate under, and the systems and processes that facilitate compliance in a cost effective manner.

Mason’s term for NACEPT will run through November 30, 2020.

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What is an ISO 14001 Environmental Management System?

What is an ISO 14001 Environmental Management System?

Nov 8, 2018

The International Organization for Standardization, or ISO, determines internationally agreed upon standards for businesses.  ISO standards that end in “001” are management systems. ISO 14001 is for environmental management systems as ISO 9001 is the standard for quality management systems and 45001 is for safety and health management systems.

Standards in the “ISO 14000 family” relate to environmental management.  There are actually other standards in the 14000 family such as 14004, 14006 and 14064-1 that complement ISO 14001 or take it a step further.

Who Is Required to Have ISO 14001 Certifications?

ISO 14001 is voluntary; however, many national and international companies are increasingly requiring their suppliers to become certified. 

Having the certification signals that your company conforms to pre-approved standards of environmental performance and has procedures in place for compliance and improvement. It also shows your company is committed to certain environmental objectives like waste minimization, pollution prevention and climate change mitigation as well as has perspective on the effects of life cycle and the value chain of a product/service.

What’s the Process for Creating an Environmental Management System?

An ISO 14001 environmental management system (EMS) is all about developing and documenting objectives and processes, implementing them, monitoring and measuring their success, reporting results, maintaining them, then taking actions to continuously improve upon them. 

Some of the elements of the EMS include developing procedures for:

  • Scope of the EMS
  • Leadership and commitment;
  • Defining and documenting your environmental policy;
  • Organizational roles and responsibilities;
  • Identifying risks, threats and opportunities
  • Identifying environmental aspects and impacts;
  • Establishing environmental objectives and plan for achieving them;
  • Resources;
  • Competence, training records, skills, experience and qualifications;
  • Internal and external communication;
  • Document control;
  • Operational control;
  • Emergency preparedness and response;
  • Compliance obligations and evaluation;
  • Monitoring and measuring results;
  • Internal auditing the EMS and the results from this;
  • Management review results;
  • Nonconformity and corrective action; and,
  • Continual improvement.

How Do You Become Certified?

Once you have your procedures developed, you will need to conduct an internal audit of the procedures.  From here, tweaks are made and deficiencies are corrected.  An external audit is next, that is, a third-party auditor such as iSi will review your system to verify it complies with the requirements.  After the external audit, corrections are made before an ISO certification agency does the final certification audit.

ISO 14001:2015

The most current version of ISO 14001 is 14001:2015.  Any company with the original 2004 certification had until September 15, 2018 to upgrade to the newest version.  Thus, the 2004 version is now out of date.

As with newer ISO standards such as safety standard 45001, the 2015 revision increases emphasis on commitment from company leadership.  ISO is required to be more prominent in an organization’s strategic direction and stakeholder-focused communication is important.  Other revisions require proactive initiatives for protecting the environment from harm and degradation and requires companies to consider life cycle, that is, how the entire process from development to end-of-life can affect the environment.

Benefits of an EMS

Even if you are not required to have ISO 14001 certification, developing an environmental management system can be beneficial to your company.  Having procedures in place can help improve your overall environmental compliance.  It can help give your company personnel a roadmap of how to manage environmental issues, which can be helpful in times of employee turnover.  An EMS will help ensure systems are continuously improved and evaluated.  In addition, there may be additional cost benefits through pollution prevention, increased efficiencies, consistency, better resource management, and good public relations.

ISO Audit

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Semiannual Regulatory Priorities Set by EPA and OSHA

Semiannual Regulatory Priorities Set by EPA and OSHA

Oct 26, 2018

Twice a year each of the President’s cabinets and executive agencies submits a regulatory agenda for the upcoming months.  It’s a list of priorities and which regulatory areas they intend to focus on.  The following items were listed as priorities in EPA’s agenda and in the OSHA portion of the Department of Labor’s agenda.

EPA – Air Quality

  • New Source Review and Title V Permitting – EPA hopes to simplify the New Source Review process (preconstruction air permits). There are two memos EPA wants to make law.  The first is EPA won’t second guess preconstruction analysis that complies with procedural requirements.  The other is the rescinding of the “once in always in” rule. A rule change will allow companies who are major sources to become area sources if their potential to emit falls below thresholds, reducing regulatory requirements.
  • Electric Utility Greenhouse Gas Rules – Recently EPA proposed a new rule for greenhouse gas emissions called the Affordable Clean Energy Rule. They will continue to look at this alternative approach to the Clean Power Plan Rule.
  • Oil and Gas New Source Performance Standards – EPA has been reviewing the rule including regulation of greenhouse gases through emissions limits on methane. A proposal for public comment will be issued.
  • Safer Affordable Fuel-Efficient Vehicles Rule – EPA will hold public hearings on their August 2018 proposal to amend and establish new Corporate Average Fuel Economy and greenhouse gas emissions standards for passenger cars and light trucks for model years 2021-2026.

EPA – Water Quality

  • National Primary Drinking Water Regulations for Lead and Copper and Perchlorate – EPA will be looking at the lead and copper drinking water rule in order to clarify, reduce complexity, modernize and strengthen it to make it more effective and enforceable. They will also be working on drafting a regulation for regulating perchlorate in drinking water.
  • Peak Flows Management – EPA will be updating permitting regulations for publicly owned treatment works that have separate sanitary sewer systems to deal with the excess wastewater collection that comes with wet weather.
  • “Waters of the U.S.” – EPA will be working on step 2 in the redefining of the term waters of the United States with a reevaluation of the definition, including redefining the term “navigable waters”.
  • Clean Water Act Section 404(c) – EPA will update the regulations concerning its authority in the permitting of dredged and fill material discharges. In reducing its power to veto a permit for any reason, it hopes to help increase predictability and certainty for the U.S. Army Corps of Engineers, landowners, investors, and businesses.
  • Steam Electric Power Generating Point Sources – EPA will publish a notice of proposed rulemaking for reconsideration of the Steam Electric Effluent Limitations Guidelines rule.

EPA – Waste and Land Contamination

  • Per- and Polyfluoroalkyl Substances – The use of these chemicals have been prevalent in a wide variety of items such as stain resistant fabrics and carpets, cosmetics and fire-fighting foam. EPA is set to designate them as hazardous substances and is yet to determine which mechanism to use, whether it be CERCLA or the Clean Water Act.
  • Accidental Release Prevention Regulations Under Clean Air Act – EPA has proposed changes to the Risk Management Plan rule to better coordinate with OSHA and DOT rules, lessen security concerns of sharing information with local emergency planning and response organizations and ease the economic burden caused by some provisions. In the next few months, public comment will be solicited on rule changes.
  • Disposal of Coal Combustion Residues from Electric Utilities – EPA is planning to modify the final rule on disposal of coal combustion residual (CCR) as solid waste and will be amending certain performance standards to give additional flexibility to states.

EPA – Chemical Safety

  • TSCA Amendments – 2016 TSCA amendments require EPA to evaluate existing chemicals for health risks to vulnerable groups and workers who daily use them. This action will be funded by user fees from chemical manufacturers and processors when they submit test data for EPA review, manufacture or use a new chemical, or process one subject to risk evaluation.  These fees will go into effect in 2019.  Also, EPA is on a deadline to do risk evaluations and issue any new proposed rules for persistent, bioaccumulative and toxic (PBT) chemicals by June 2019.
  • Lead Dust Hazards – EPA has proposed strengthening lead hazard standards on dust from floors and window sills in child-occupied facilities. Final action will be June 2019.
  • Pesticide Safety – EPA is considering changes to Certification of Pesticide Applicators regulations from 2017 and agricultural Worker Protection Standard regulations from 2015.

OSHA

  • Electronic Reporting – After requiring certain employers to submit OSHA recordkeeping information to a website which would provide publicly available data, OSHA realized it couldn’t guarantee that personally identifiable information from the 300 and 301 logs wouldn’t be published. Thus, OSHA is proposing to change the Improved Tracking of Workplace Injuries and Illnesses Rule to just include the OSHA 300A summary data.
  • Beryllium – After revising the beryllium standard, OSHA realized exposure in shipyards and construction was limited to a few operations so some of the provisions required within the standard wouldn’t improve worker protection and could be redundant with other standards. OSHA will be working to revise the rule.
  • Standards Improvement Project (SIP) – OSHA will be working on Phase IV of their SIP. SIPs are used by OSHA to fix standards to correct errors, update technical references, account for new technologies and practices, delete duplicate information and fix inconsistent information.  SIPs can affect one or a number of standards.  For example, items for SIP IV include removing the requirement to put social security numbers on records and allowing for storing digital copies of x-rays rather than on film only.

Want more details?  Read the full regulatory agenda for EPA here and for OSHA here.

Want us to write an article in more detail about any of these issues?  Email our team and let us know what you’d like to see!

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Who Regulates Hazmat Shipments?

Who Regulates Hazmat Shipments?

Sep 21, 2018

In the environmental and safety world, it’s pretty simple to determine who’s the regulatory authority. For safety, in most cases it’s OSHA, and if you’re in a “state plan” state or if you’re a public entity, your state has an additional safety regulatory agency. For environmental issues, it’s EPA and for many states there is an additional state agency which covers environmental regulations plus you have municipal environmental rules. However, when it comes to shipping hazardous materials, it gets a little more complicated.

In the U.S., the shipment of hazardous materials is covered by federal regulation 49 CFR. 49 CFR addresses the shipment of hazardous materials by ground, air and vessel. The Department of Transportation (DOT) is responsible for enforcing 49 CFR.

DOT contains a variety of agencies which are responsible for ensuring specific parts of 49 CFR are being followed:

  • Pipeline and Hazardous Materials Security Administration (PHMSA);
  • Federal Aviation Administration (FAA);
  • Federal Motor Carrier Safety Administration (FMCSA); and,
  • Federal Railroad Administration (FRA).

In addition to the federal agencies, there are additional state agencies with the authority to enforce DOT regulations. For example, this could be your state’s department of transportation and additional agencies which govern the highway patrol, rail lines or pipelines. Thus, you could receive inspections from a variety of state officials and highway patrol in additional to the federal agencies.

If there was one arm of DOT which takes the lead in hazardous materials, it’s PHMSA. PHMSA’s focus is safe shipments and it creates and publicizes regulations. Thus, if you wanted to learn new information about shipping hazardous materials, start with PHMSA.

When it comes to air and vessel shipments, you’ll find that although 49 CFR has rules regarding these types of shipments, in parts, 49 CFR defers to two other agencies, the International Air Transport Association (IATA) and the International Maritime Organization who publishes the International Dangerous Goods Code (IMDG). These are international organizations, as the shipment of hazardous materials will often cross country boundaries via ocean or air. Thus, when you’re required to have training, you need the training of both 49 CFR and IATA or IMDG. IMDG can also be applicable to shipments within in the U.S. when shipping to Hawaii, Alaska or Puerto Rico.

Radioactive materials shipments are regulated under the U.S. Nuclear Regulatory Commission (NRC).

Both OSHA and EPA mention and defer to DOT within its regulations. Thus, you need to be aware AND trained in both the regulations of OSHA/EPA and DOT when dealing with environmental or safety issues.

49 CFR regulations can become very confusing. If you need help determining which regulations apply to you and how you need to ship your hazardous materials, contact us and we’d be happy to help!

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New Clean Air Act Interpretation May Affect Facility Air Permitting

New Clean Air Act Interpretation May Affect Facility Air Permitting

Sep 13, 2018

Facilities required to have an EPA Title V air permit, New Source Review (NSR) air permit, or a Prevention of Significant Deterioration (PSD) air permit may soon be affected by a proposed new interpretation of the word “adjacent”.

Adjacent Properties

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 wouldn’t give a determination on how far apart the properties needed to be and said that it would be determined on a case by case basis.  Besides physical proximity, EPA has been considering “functional interrelatedness” in its adjacent determinations.

Companies determine how their facilities should be permitted within the rules, whether there is one combined source, or whether there are separate sources.  In one court case, EPA disagreed with a petroleum company that it had separate sources.  EPA said the company’s operations and wells were adjacent, even though they were miles apart.  EPA was considering the operations, pipelines and wells as having functional interrelatedness.  The petroleum company sued EPA, and the court found in favor of the petroleum company.  The court said the definition of “adjacent” was simple and meant only physical proximity.

After the court ruling, EPA tweaked interpretation rules by region to include functional interrelatedness, and they were also thrown out by courts in other lawsuits and challenges.

The New Interpretation

EPA has issued a draft guidance for the interpretation of adjacent and it’s available for public comment.  The new interpretation says 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 don’t have to be contiguous to be adjacent.  That is, operations that don’t share a common boundary or border, not physically touching each other will be considered 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 no longer be used to determine adjacency.

What’s Next

The interpretation will be used from now on for new sources only.  Operations already considered one source will remain that way as long as common control and industrial grouping code (SIC) criteria exists.  States with approved NSR and Title V permitting programs aren’t required to follow the new interpretation but EPA recommends it for greater uniformity in permitting decisions.

Read EPA’s memorandum regarding adjacent properties here.

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What is EPA’s Affordable Clean Energy ACE Rule?

What is EPA’s Affordable Clean Energy ACE Rule?

Aug 24, 2018

EPA has proposed a new rule for greenhouse gas emissions at power plants called the Affordable Clean Energy Rule (ACE) Rule. This rule is a replacement for the controversial Clean Power Plan (CPP) Rule.

The CPP Rule was developed by the Obama Administration, and it put some definite limits in place to reduce greenhouse gas emissions at power plants. The rule created quite a bit of controversy and EPA was taken to court by a number of parties. The Trump Administration and EPA put the CPP on hold in order to review it for potential repeal and replacement. The new ACE Rule is the result of this review.

With the new ACE Rule, EPA hands over greater power to the states to set their own limits. According to EPA, ACE will reduce greenhouse gas emissions through four actions:

  1. Defines a “Best System of Emission Reduction”, for existing power plants based on heat rate efficiency improvements;
  2. Provides states with an example list of technologies that may be used in their rules to establish standards of performance;
  3. Updates the New Source Review permit program to further encourage efficiency improvements; and,
  4. Puts the regulation in Clean Air Act section 111(d) to give states time to develop their own plans.

Opponents of the original CPP Plan say that while limiting greenhouse gas emissions is very important, the makeup of the CPP Plan went too far. It would create burdensome regulation and a tremendous negative economic impact. Coal industry advocates are happy with the ACE Rule in that it will save coal industry jobs. Also, giving the responsibility back to the states will allow states to customize their rules for the conditions and economies around them.

Critics of the new ACE Rule say the new regulations will not nearly reduce the emissions the CPP would have. There is some fear it’ll allow states to write less strict regulations that the power companies will be able to get around. Other say the new rule appears to be an appeasement to the coal industry.

EPA says that replacing CPP with ACE will save $400 million in net benefits and $400 million in compliance burden, will still reduce greenhouse gas emissions, and may reduce carbon dioxide emissions even as much as 33-34% from 2005 which is even more than what CPP projected.

The ACE Rule is available for comment and there will be a public hearing scheduled. The D.C. Circuit Court will also have to determine if it is a suitable replacement for the CPP rule, which is still on hold with the court.

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EPA Superfund Task Force Sees Successes

EPA Superfund Task Force Sees Successes

Aug 10, 2018

In a previous blog we discussed the plans EPA had for expediting the cleanups of Superfund sites in hopes of reducing costs, reducing delays caused by long studies, and speeding up the timeline for getting the lands turned over for redevelopment, reuse and community revitalization. On its one-year anniversary, EPA has published a progress report on the efforts of their Superfund Task Force.

Among the successes within the past year:

  • “Substantial progress” has been made on cleanup of 21 sites which were targeted for immediate and intense action;
  • Seven sites were deleted from the program and 2 were partially deleted. There are an additional 10 sites currently proposed to be added to that list;
  • Sites with human exposures are being tracked in real time on a dashboard-style webpage. An additional 24 sites were added to the list as having human exposures under control;
  • EPA listed 31 sites with the greatest reuse potential, and as a result, they received over 120 redevelopment-related prospective purchaser inquiries for these;
  • EPA and the Department of Justice engaged a national team of redevelopment experts on the issue of liabilities for third-party developers and issued a new policy that encourages more frequent consideration of Bona Fide Prospective Purchaser Agreements and Prospective Purchaser Agreements to help get cleanup and reuse moved forward; and,
  • EPA held 1,370 public meetings and 3,190 in-person meetings and interviews with people living near Superfund sites to obtain their input.

Within the next year, the task force wants to implement any remaining recommendations from the original 42. Other goals include:

  • Continue to model enforcement language to reduce responsible party cleanup negotiation timeframes and shorten Potentially Responsible Party lead cleanups.
  • Encourage private investment in cleanup and reuse by developing new work agreements and comfort letters to create certainty and assist third parties in identifying investment opportunities at the sites;
  • Continue to expedite cleanups and moving sites to deletion from the program;
  • Use more adaptive management principles where possible; and,
  • Complete an evaluation of groundwater beneficial use policies.

A video of success stories has been developed. More information about the Task Force program can be found here.

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iSi to Discuss SPCC’s Substantial Harm Criteria at Environmental Conference

iSi to Discuss SPCC’s Substantial Harm Criteria at Environmental Conference

Apr 5, 2018

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Rohn Hamilton, P.E.

iSi’s Rohn Hamilton, P.E. will be presenting Ramifications of Triggering “Substantial Harm” Within the SPCC Plan at this year’s Midwest Environmental Compliance Conference.

SPCC Plans, or Spill Prevention, Control, and Countermeasures Plans, are EPA-required plans that are implemented at sites in order to prevent the discharge of oil into navigable waters or adjoining shorelines.  SPCC Plans outline the procedures that will be used to cleanup a spill should it reach a navigable water and the measures to be implemented to prevent spills from occurring in the future.  Companies who need SPCC Plans need to further identify whether or not their company additionally qualifies as a substantial harm facility. Facilities which meet any of the substantial harm criteria are then required to develop Facility Response Plans in addition to the SPCC Plans. Rohn will be covering how to determine if your facility needs an SPCC Plan and how to tell whether or not your facility additionally meets the substantial harm criteria.

Rohn is a professional engineer providing environmental engineering compliance (spill, stormwater prevention, facility response plans) for iSi. He’s a retired Air Force Colonel, who served as the 184 Intelligence Wing’s (McConnell AFB, KS) Chief Bioenvironmental Engineer (environmental, industrial hygiene) and Medical Group Commander. He is also an Airbus 320 Captain for American Airlines.

This year’s Midwest Environmental Compliance Conference will be held April 11-12 in downtown Kansas City.  iSi is a Silver Sponsor for this year’s event and will be an exhibitor as well.  Learn more here.

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EPA Proposing Changes to Aerosol Can Hazardous Waste Regulations

EPA Proposing Changes to Aerosol Can Hazardous Waste Regulations

Apr 2, 2018

EPA is proposing to allow generators to handle aerosol cans as a universal waste rather than a hazardous waste. As a result, EPA hopes to encourage more recycling, ease regulatory burdens on generators, reduce the amount of cans going to landfills, and save over $3 million per year.

The Current Aerosol Can Hazardous Waste Regulation

Aerosol cans, when discarded, are handled as hazardous waste. Entities with these are required to follow all hazardous waste rules regarding them. The number of days you can store these cans ranges from 90 to 270 depending on generator status and transportation. Retail stores who discard aerosol cans must also follow all hazardous waste rules. In some states, generators can recycle the cans for scrap metal by puncturing them and draining the contents into other containers. The can becomes non-hazardous, but the container of leftovers may be considered hazardous waste. Some states don’t allow the puncturing and recycling of cans at all, even under carbon filtration.

The Proposed Aerosol Can Hazardous Waste Regulation

The proposed regulation would make discarded aerosol cans a universal waste. Other EPA universal wastes include batteries, mercury-containing equipment, and hazardous waste mercury lamps. Universal wastes can be stored and collected for up to one year and don’t need a hazardous waste manifest as long as they’re properly packaged and labeled.

As for aerosol can recycling, the proposed rule would encourage generators to collect and send their cans to a centralized hazardous waste handler for recycling. Any company recycling aerosol cans would be subject to special requirements. Only approved commercial devices for safely puncturing cans could be used. These facilities would also be required to have written procedures for operations and maintenance of the machines, how incompatible wastes would be segregated, proper hazardous waste management practices to be followed, and what emergency spill procedures would be followed.

EPA’s intent is to ease the retailer’s burden of managing aerosol can as hazardous waste, ease the generators’ burden of managing aerosol cans as hazardous waste, and to encourage more states and more entities to recycle aerosol cans.

Gaps

There are still some gaps and unknowns within the regulations such as: What is the exact definition of an aerosol can, that is, would cans that do not aerate (such as shaving gel cans), be included? At what point between full, empty, “RCRA empty”, and used would the cans be eligible for universal waste consideration? Should there be a size limit on the cans; would cylinders be included? Would the equipment that some generators have already invested in to puncture and recycle their own cans be suitable under the new regulation?

EPA is accepting comments until May 15, 2018. To read more about the proposed regulation and where to send your comments, read here.

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Hazardous Waste e-Manifest System Coming in June

Hazardous Waste e-Manifest System Coming in June

Feb 8, 2018

EPA is establishing a nationwide electronic hazardous waste tracking system, and it hopes to have it up and running by June. The system will be known as e-Manifest, and will allow shippers to complete electronic manifests and destination/receiving facilities the opportunity to electronically upload manifests.

All states will be required to implement e-Manifest and incorporate it into their hazardous waste programs as an option. The system will be linked to RCRAInfo, a separate site which collects information on hazardous waste sites.

Right now, the using e-Manifest will be optional. Paper manifests will still be accepted from generators for the foreseeable future, and from destination/receiving facilities for up to three years. EPA hopes that by using electronic means, significant gains in cost, time, accuracy, notification, and monitoring effectiveness can be realized by all who use the system. Electronic manifests will be just as legal as paper ones, except they’ll be completed and signed electronically.

Using e-Manifest will satisfy EPA, RCRA and DOT 3-year recordkeeping requirements. EPA is also working with DOT to ensure e-Manifest will produce a proper shipping paper. DOT will still be requiring hard copies to be sent with the shipment, so those using e-Manifest will be able to print out a copy of their manifest for DOT purposes.

In the future, the e-Manifest system may link to the Biennial Hazardous Waste Report, and potentially replace it.

The fees for the system will be paid by the destination or receiving facility, which more than likely will be passed down to the generator. Fees will be per manifest, and fees for electronic manifests will be lower than the paper ones.

The target date for e-Manifest roll-out is June 30, 2018.

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EPA is establishing a nationwide electronic hazardous waste tracking system, and it hopes to have it up and running by June. The system will be known as e-Manifest, and will allow shippers to complete electronic manifests and destination/receiving facilities the opportunity to electronically upload manifests.

All states will be required to implement e-Manifest and incorporate it into their hazardous waste programs as an option. The system will be linked to RCRAInfo, a separate site which collects information on hazardous waste sites.

Right now, the using e-Manifest will be optional. Paper manifests will still be accepted from generators for the foreseeable future, and from destination/receiving facilities for up to three years. EPA hopes that by using electronic means, significant gains in cost, time, accuracy, notification, and monitoring effectiveness can be realized by all who use the system. Electronic manifests will be just as legal as paper ones, except they’ll be completed and signed electronically.

Using e-Manifest will satisfy EPA, RCRA and DOT 3-year recordkeeping requirements. EPA is also working with DOT to ensure e-Manifest will produce a proper shipping paper. DOT will still be requiring hard copies to be sent with the shipment, so those using e-Manifest will be able to print out a copy of their manifest for DOT purposes.

In the future, the e-Manifest system may link to the Biennial Hazardous Waste Report, and potentially replace it.

The fees for the system will be paid by the destination or receiving facility, which more than likely will be passed down to the generator. Fees will be per manifest, and fees for electronic manifests will be lower than the paper ones.

The target date for e-Manifest roll-out is June 30, 2018.

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EPA to Change the Way It Handles Lawsuits

EPA to Change the Way It Handles Lawsuits

Oct 17, 2017

EPA Administrator Scott Pruitt has announced EPA will be ending practice of “sue and settle.”

In sue and settle, a third-party group sues a federal agency, asking the courts to require the agency to change statutory duties or to enforce specific timelines written within laws. In the past, EPA has settled out of court with these groups through a consent decree or settlement agreement. EPA says the resulting negotiations would often change regulations, causing unreasonable deadlines or commitments to actions which weren’t part of the existing regulations.

These consent agreements were negotiated privately and any new requirements were not eligible for public comment. On top of that, the agency would pay tens of thousands of dollars in attorney’s fees and litigation costs of the groups which were suing them.

Going forward, EPA promises further transparency and public engagement when it comes to considering any settlement or consent decree, including:

  • Establishing procedures to publish lawsuits, complaints, and petitions which have been filed against them or their state agency counterparts;
  • Publishing a list of consent decrees and settlement agreements, including attorney’s fees paid;
  • Providing sufficient time for public comment on any action which would modify a proposed or final rule, and publishing proposed and modified decrees and settlements for public comment;
  • Not entering into any consent decree that exceeds the authority of the courts; and,
  • No longer paying attorney’s fees and litigation costs of the groups who are suing them.

To learn more, see EPA’s announcement.

 

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EPA to Propose Repeal of Clean Power Plan

EPA to Propose Repeal of Clean Power Plan

Oct 6, 2017

power plant
A number of news agencies have obtained a document outlining EPA’s plans to propose a repeal of the Clean Power Plan. The announcement from EPA may come early this week and then a formal proposal will be issued in the Federal Register.  The plans include a 60-day comment period to solicit ideas on alternatives or a replacement approach.  Plans also include a cost-benefit analysis of a repeal, estimating $33 billion in compliance cost savings.

The Clean Power Plan rule was developed by the previous administration as a way to lower carbon emissions from existing power plants by 2030.  Opponents have contended that the rule’s compliance and equipment requirements will create massive costs on the power sector and its consumers, that EPA overreached its authority to regulate emissions under the Clean Air Act, and it invaded the powers of the states, who’ve traditionally managed and regulated the energy sector. Over 27 states, 24 trade associations, 37 rural electric Co-Ops and 3 labor unions have sued EPA over the rule.  A bipartisan group of over 200 Senators and House members also filed a briefing against it.

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Oklahoma Stormwater in Construction Regs Updated

Oklahoma Stormwater in Construction Regs Updated

Aug 24, 2017

The Oklahoma Department of Environmental Quality (ODEQ) updated its Multi-Sector General Stormwater Permit for industrial activities last month, and now ODEQ has updated its stormwater permit for construction activities.

The new “General Permit OKR10 for Stormwater Discharges from Construction Activities” will go into effect on September 12.  Anyone under the current permit, and anyone seeking to obtain a new one, will need to be covered under this new permit in order to discharge stormwater from construction activities.

Stormwater activities are federally covered under EPA’s National Pollutant Discharge Elimination System (NPDES).  In most areas, stormwater permitting is handled by the state(s) you’re operating in, and then each state can have additional requirements. Permits have limits on what you can discharge, monitoring and reporting requirements and other requirements.

As a reminder, if your company falls under the Oklahoma stormwater permit for industrial activities, remember you will need to reapply for a new authorization before October 3, which is only a little over a month away.  As part of this you’ll need to revise your Stormwater Pollution Prevention Plan (SWP3), file a new Notice of Intent (NOI) and submit fees.

If you need assistance with anything related to stormwater, including plan updates, compliance determinations, or NOIs, please contact iSi and we’d be happy to help!

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EPA Proposes Roll Back of Waters of the U.S. Definition

EPA Proposes Roll Back of Waters of the U.S. Definition

Jun 27, 2017

The EPA, along with the Army and the Army Corps of Engineers, announced its intent to make changes to the Clean Water Rule and return the definition of “waters of the United States” (WOTUS) back to what it was prior to the 2015 rule change.

The definition of WOTUS has been at the point of contention between regulators, industry and environmental groups since the Clean Water Act was amended in 2015.   The definition has been at the heart of a number of legal battles, and an item of regulatory enforcement uncertainty. The rules containing it were in a state of stay by the Supreme Court.

Today’s announcement will turn back the definition of WOTUS to what it was prior to 2015 with a published proposed rule announcement in the Federal Register, along with a public comment period.  Next, the agencies will work to review and revise the definition to replace the approach of the 2015 Clean Water Rule.

EPA’s announcement emphasized the redefinition is intended to “…provide regulatory certainty in a way that is thoughtful, transparent, and collaborative with other agencies and the public.”

 

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Mason Joins PrairieChar Advisory Board

Mason Joins PrairieChar Advisory Board

Jun 19, 2017

Photo of Gary Mason, CEO of iSi

iSi CEO Gary Mason has joined the Board of Advisors of PrairieChar.

iSi’s Gary Mason has joined the Board of Advisors for biomass waste recycling innovator PrairieChar, Inc..  PrairieChar has developed an innovative approach to converting biomass waste into products such as organic fertilizer, phosphoric acid, and specialty phosphoric chemicals.  They are providing a management solution for feedlot animal manure that not only produces a profitable renewable product for both energy and agricultural markets, but reduces its impact to the environment.

Mason said, “It is a great opportunity to be a part of the PrairieChar team.  PrairieChar’s technology provides an environmentally sound way to manure that will protect our waterways from nutrient leaching and runoff.  Nitrate leaching is hard to remove from our drinking water and phosphate runoff is the primary cause of toxic blue-green algae in our waterways.”

More information about PrairieChar can be found at PrairieChar.com.

iSi’s Gary Mason has joined the Board of Advisors for biomass waste recycling innovator PrairieChar, Inc..  PrairieChar has developed an innovative approach to converting biomass waste into products such as organic fertilizer, phosphoric acid, and specialty phosphoric chemicals.  They are providing a management solution for feedlot animal manure that not only produces a profitable renewable product for both energy and agricultural markets, but reduces its impact to the environment.

Mason said, “It is a great opportunity to be a part of the PrairieChar team.  PrairieChar’s technology provides an environmentally sound way to manure that will protect our waterways from nutrient leaching and runoff.  Nitrate leaching is hard to remove from our drinking water and phosphate runoff is the primary cause of toxic blue-green algae in our waterways.”

More information about PrairieChar can be found at PrairieChar.com.

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EPA Delays Air Regulations

EPA Delays Air Regulations

Jun 14, 2017

EPA has announced at least four postponements of upcoming regulations regarding air emissions and air quality.

RMP Rule Amendment

In the final days of the Obama administration, EPA issued amendments to the Risk Management Program (RMP) rule. These included additional requirements for process hazard analysis, incident investigation, emergency preparedness, public availability of chemical hazard information, additional regulatory definitions, and audit requirements. In order to give the agency more time to review petitions, hear additional comments, and consider revisions, the new effective date has been moved to February 19, 2019.

Emissions Standards for New, Reconstructed, and Modified Sources for Oil and Gas; NSPS Subpart OOOOa

EPA has issued a stay on certain parts of OOOOa until August 31, 2017. It is reconsidering the rule as a whole, including fugitive emissions monitoring requirements for well sites and compressor stations. Initially, companies were to have a monitoring plan in place and perform initial LDAR compliance by June 6, 2016. EPA also wants to take another look at the entire rule. For now, they’ve issued a stay on fugitive emissions requirements, PE certifications, and standards for pneumatic pumps at well sites.

Ozone Standard

EPA has delayed the National Ambient Air Quality Standards (NAAQS) for ground level ozone. EPA is giving states another year to develop and refine their air quality plans. Last fall, states were to turn in their recommendations on what to do about those areas which couldn’t reach the 70 ppb standard. Then EPA was to make their final designations and set those recommendations into motion by October of this year. Now those designations have been postponed to October 2018.

Landfill Methane Emissions From Municipal Solid Waste Landfills

Over 1,000 municipal solid waste facilities were going to be impacted by two separate standards relating to methane emissions. EPA has issued a stay until August 29 to reconsider items such as design approval, definition of cover penetration, annual liquids reporting, surface emissions reporting, corrective action timelines, and overlapping requirements. EPA estimates that implementation of the changes as written could cost businesses more than $100 million per year to install and operate gas collection and control systems.

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The New Hazardous Waste Generator Improvements Rule

The New Hazardous Waste Generator Improvements Rule

Apr 1, 2017

Called the “Hazardous Waste Improvements Rule,” EPA has issued updates and changes to its Resource Conservation and Recovery Act (RCRA) hazardous waste regulations.

When: EPA has made over 60 changes which are geared to make technical corrections, clarify, increase flexibility and improve environmental protection. The changes will not go into effect until May 30, 2017, then every state but Iowa and Alaska will have until mid-2018 to implement and adopt (or not adopt) the less stringent requirements.

Consolidation of VSQG Waste at LQGs

EPA now allows very small quantity generators (VSQG, now the term for the former “conditionally exempt small quantity generator”) to consolidate waste at a large quantity generator (LQG) under the control of the same person. In some cases, organizations have satellite locations that qualify as a VSQG and could take advantage by consolidating together. VSQGs would need to mark and label their waste as “Hazardous Waste,” and indicate the hazards associated with the contents. LQGs would notify on the Site ID Form 30 days prior to receiving the waste that they are participating in this activity, who the VSQG is, maintain records for each shipment for 3 years, mark the accumulation units with the date the HW was received, manage consolidated waste as LQG waste and report in annual and biennial reports.

HW Determinations

  • Generator’s waste must be classified at its point of generation and at any time during the course of its management. Container markings and labels apply at the point of generation as well.
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Georgia NPDES Permittees Required to File Electronically Through NetDMR

Georgia NPDES Permittees Required to File Electronically Through NetDMR

Jan 10, 2017

The Georgia Environmental Protection Division (EPD) has been moving towards electronic filing of various reports and permits. This electronic requirement is now being required for submittal of Discharge Monitoring Reports from those companies who hold an NPDES (National Pollution Discharge Elimination System) permit for water discharges.

Starting December 21, 2016, all NPDES permittees will be required to submit their Discharge Monitoring Reports (DMRs) online using a site called NetDMR.   Those who use land application systems, pre-treatment, PID, and general permittees will also eventually be required to use NetDMR later.

NetDMR will have similar features to other online applications.

Step 1:           Create Your Own Account

Each person must create their own account. When setting up an account, facilities should be mindful of the instance and type of user chosen.  Within the state of Georgia, the instance should be “Georgia Environmental Protection Division”.  You may see other options such as EPA – GA, but DO NOT select these options.

Once the appropriate instance or agency has been selected, click on “Create a new account” and follow the prompts.  The type of user for facility personnel should be the external user type “Permittee User.”  An internal user is meant for agency use only.

Step 2:           Set User Roles

Once an account has been created, there are four roles for a permittee user: View, Edit, Signatory, and Permit Administrator.

Permit Administrator: The Permit Administrator has the ability to approve role requests within their permit for all roles except Signatory.  The first person to request and get approved for Signatory Role will be granted the Permit Administrator role automatically.

Signatory: No one will be able to access the permit within NetDMR until someone is approved by EPD as the Signatory.  EPD is the only entity that can approve access to Signatory Role requests.  Someone seeking Signatory Role must submit a signed Subscriber Agreement to EPD by mail and wait approval.  EPD estimates approximately a two week turnaround to review and approve Subscriber Agreements.  Remember, the first person to request and get approved for Signatory Role will also be granted the Permit Administrator role automatically.

View, Edit: Other personnel can request View, Edit, and/or Permit Administrator Roles from the Permit Administrator.

Step 3:           Start Using the System

Once approval has been received, you may then start entering DMR data electronically into the system. Note: there is no external notification, so if a role request has been made within NetDMR the Permit Administrator must check within NetDMR to see that request.

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If you need assistance, iSi can also help walk you through the process, contact us or give us a call at (678) 712-4705.

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