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JOHN WELLSPRING
SENIOR PROJECT MANAGER
INTRO TO ENVIRONMENTAL REGS & MANAGEMENT FUNDAMENTALS –
GETTING STARTED AND STAYING ON TRACK
Indiana Chamber 2021Environmental Permitting and Reporting
Conference
June 16 & 17, 2021
1
PRESENTATION CONTENT
Know the EHS Regulations that apply to your facility and operations
01Know Your Permit Terms and Conditions
02Create a System for Managing Regulatory Compliance
03
2
ABOUT THE AUDIENCE
Plant or Environmental Manager?
Are you new to EHS regulations?
Industry/ Manufacturing?
Legal / Consulting / Other?
Do you have and ISO 14001 EMS?
3
STATUTES AND REGULATIONSBRIEF HISTORY AND SCOPE
4
Significant Environmental Issues of the1970sLeading up to Environmental Regulation
Lake Erie was considered dead
Some Rivers caught on fire from industrial discharges.
Bird and Wildlife populations in decline
Serious Environmental Health issues in cities, such as Smog, Air Quality, Water Quality
Growth in population density (Cities) and manufacturing density resulted in increasing pollution levels and visibility impairment.
Many industrial processes were running with no pollution controls.
Love Canal Declared State of Emergency issued in 1978
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Environmental Events in 1970
1970 The first Earth Day: April 22, 1970 National Environmental Policy Act Occupational Safety & Health Act Presidents Council on Environmental Policy The US Environmental Protection Agency (EPA) was
created on December 2, 1970 by executive order of President Richard Nixon (later elevated to Cabinet Level by President Bush in 1990)
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Major Environmental Statutes/LegislationBeginning in 1970
1970 – Clean Air Act (CAA) 1972 – Federal Water Pollution Control Act (FWPCA)/ now
know as Clean Water Act (CWA) 1974 – Safe Drinking Water Act (SDWA) 1975 – Hazardous Materials Transportation Act (HMTA) 1976 – Resource Conservation and Recovery Act (RCRA) 1976 – Toxic Substance Control Act (TSCA) 1980 – Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) 1986- Emergency Planning and Community Right to Know Act
(EPCRA)7
Evolution of Environmental LegislationStatutes Regulations
CAA Air Regulations and Permits, PSD, Ozone Depletion RegulationCWA Wastewater Regulations and Permits, Oil Spill Prevention
RCRA Solid and Hazardous Waste Regulations, Landfill RegulationsUnderground Storage Tanks Regulations
CERCLA Superfund liability and clean-ups, Potentially Responsible PartiesEmergency Spill/Release Reporting
EPCRA Tier II Chemical Inventory Reporting, Community EmergencyPlanning, Toxic Release Inventory Reporting,
TSCA Chemical Reporting Rules, Chemical BansPre-manufacture Notices, Significant new Use
HMTA Hazardous Materials Shipping RegulationsOSHA Health and Safety RegulationsState
Statutes State and/or local requirements can be different or more stringent than the federal requirements
SDWA Drinking Water Regulations and Permits, Well Protection
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GROWTH OF CODE OF FEDERAL ENVIRONMENTAL REGULATIONS CFR TITLE 40 (ENVIRONMENTAL PROTECTION): 1972-2016
CFR Title 40 contained over 27,000 pages of regulations in 2016
Most States have adopted similar or more stringent regulations
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CAACAAOSHAOSHA
Form R
Tier IEPCRA
Permits
Air Inventory
MSDS
Reporting
Inspections
DOT
State Regulators
Employees
Record Keeping
SWPPP
NPDES
Your Facility
Present EHS Regulatory Landscape: Complex and Growing
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MAJOR ENVIRONMENTAL REGULATORY PROGRAM AREAS:
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Air (40 CFR 50-99)
Water (40 CFR 100-139, 40 CFR 400-471)
Solid and Hazardous Waste (40 CFR 239-299)
Community Right to Know (40 CFR 350-372)
Toxic Substances Control (40 CFR 700-766)
Others
AIRREGULATIONS
TOPICS TO BE
COVERED
1. HAZARDOUS WASTE
2. UNIVERSAL WASTES
3. UNDERGROUND STORAGE TANKS
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SCOPE OF CAA AIR QUALITY REGULATION:POLLUTANTS AND CHARACTERISTICS REGULATED
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National Ambient Air Quality Standards (NAAQS): PM10/PM2.5, SO2, NOx, Ozone (VOC/NOx), CO, Lead
NSR Pollutants: PM, Fluoride, Sulfuric Acid Mist, H2S, TRS
Hazardous Air Pollutants: ~188 Listed Chemicals and Compounds
Ozone Depleting Substances: CFCs, Halons, HCFCs, 111-TCA, Carbon Tet., Brominated Hydrocarbons (i.e., Methyl Bromide)
Greenhouse Gasses: CO2, Methane, N2O, Fluorocarbons, SF6
Opacity / Visibility / Regional Haze
Toxic Air Impacts: Vegetation, Human Health, Soils, Endangered Sp.
Accidental Release Prevention (RMP): Highly Hazardous Substances
Odor / Noise (varies by jurisdiction, if covered at all)
SCOPE OF AIR QUALITY REGULATIONACTIVITIES THAT ARE REGULATED
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Stationary Sources: Industrial, Chemical, Petroleum, Utilities, Commercial Businesses, Institutions, Mining, Minerals, Gasoline Stations, Farms, Livestock, Food Processing, Printing, Etc.
Mobile Sources: Cars, Trucks, Planes, Trains, Ships, Off-Road Equipment, Forklifts
Consumer Products: Air conditioners, Vehicles, Aerosol Cans, Appliances, Fuels, Coatings, Solvents; Bans on PCBs, Asbestos
Demolition and Renovation (PCB, Asbestos Removal)
Construction Activity (Paving, Heavy Construction, Fugitive Dust)
Waste Disposal (landfills, Incinerators, Open Burning, Wastewater Treatment, Reclamation facilities)
AIR PERMITTING OF STATIONARY SOURCES
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Types of Stationary Source Air Permits Major Source (Title V – Part 70)
Electric Utilities, Refineries, Chemical Plants, Large Manufacturing
Federally Enforceable State Operating Permit (FESOP) Large to Medium Manufacturing
State Operating Permit (MSOP/PTIO/Lifetime) Medium to Small Manufacturing
Other (Registration/ Permit-by-Rule / Exemption/ROSS) Small Manufacturing to Commercial Operations
PRE-CONSTRUCTION REVIEW/ PERMIT APPLICATIONS
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Typical Content of Air Permit Applications
State specific forms
Source-wide air emissions inventory (all emission units)
Potential emissions calculations
Process Flow diagrams
Control equipment specifications
Stack/vent information
Applicable federal rules
Compliance plans (for Part 70 / Title V Sources)
Paper or electronic submittal depending on state
TYPICAL AIR PERMIT REQUIREMENTS AND CONTENT
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Typical Requirements Of Air Permits Limitations and control requirements: RACT, NSPS, MACT, BACT Monitoring Recordkeeping Process Throughput or Emission Rate Limitations Incorporation of MACT/NSPS Standards and Requirements Performance Testing Preventative Maintenance Reporting/Notifications Renewals
AIR PERMIT REQUIREMENTS (CONT.)
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Other Air Compliance Requirements: Ozone depleting substances (40 CFR 82) [i.e., Refrigerants] Certified Technicians Recordkeeping on Repairs Leak check requirements during and after repairs Refrigerant recovery is required
Asbestos Demolition Notification requirements for removal of asbestos containing material or
prior to building renovation/demolition
Accidental Release Prevention/RMP – 112r Listed Chemicals Consequence analysis, preplanning and Process Safety Management
WATER / WASTEWATERREGULATIONS
TOPICS TO BE
COVERED
1. HAZARDOUS WASTE
2. UNIVERSAL WASTES
3. UNDERGROUND STORAGE TANKS
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SCOPE OF WATER QUALITY REGULATIONSPOLLUTANTS AND CHARACTERISTICS THAT ARE REGULATED
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Conventional Pollutants and Characteristics: BOD, COD, TOC, TSS, Fecal Coliform, Ammonia, flow, Temperature pH, Residual Chlorine, NO2/NO3-N, Organic N, Oil and Grease, Phosphorus, Bromide, Chloride, Fluoride, Sulfate, Sulfide, Sulfite, Color, Boron, Radioactivity, Surfactants, Hardness, Foam, Odor, Settleable Solids
Toxic and Priority Pollutants: Listed Heavy Metals, Dioxins, Volatile Organics, Semi-volatile Organics, Pesticides, PCBs
Whole Effluent Toxicity: Toxicity to Living Organisms (i.e., daphnia and Fathead Minnow)
Water Body Classification: Recreational Use, Fish/Wildlife Habitat, Water Supply, Aquifers, TMDLs
SCOPE OF WATER QUALITY REGULATIONSACTIVITIES THAT ARE REGULATED
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Activities That Require Permitting, Registrations and/or Plans Storm water discharges associated with construction or industrial
Activity Industrial wastewater discharges to the Sanitary Sewer Industrial wastewater discharges to the Surface Water or Streams Wastewater injection into the ground (well, sinkhole, French drain) Significant groundwater or surface water withdrawal Potable drinking water supply to more than 25 persons Storage of Petroleum Oil with potential for discharge to water Stream Alterations, Dredging, Clearing, Crossings Irrigation/Agricultural uses (non-point/ nutrient discharges)
WASTEWATER DISCHARGE PERMIT APPLICATIONS; POTW AND NPDES
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Typical Content of Wastewater Discharge Permit Applications
Completion of Federal and State specific forms
Identification of pollutants likely to be present
Initial discharge/outfall Monitoring Data
Water Balance Diagram including all wastewater sources
Wastewater treatment system specifications
Outfall Designation and location information
Applicable federal rules
Baseline Monitoring Reports (for Categorical Standards)
Paper or electronic submittal depending on state
TYPICAL ASPECTS OF INDUSTRIAL PROCESS WASTEWATER DISCHARGE PERMITS
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Incorporation of federal categorical wastewater pretreatment or direct discharge technology-based standards
Imposition of federal or state water quality-based effluent limitations, including aquatic toxicity criteria
Imposition of sewer use ordinance effluent limitations Compliance with all pretreatment requirements, permit limits, terms
and conditions Effluent monitoring, sampling and analysis using prescribed methods
at prescribed frequencies. Recordkeeping and routine reporting of sampling results are
required (NetDMR). Renewal of permits prior to expiration.
ASPECTS OF WATER DISCHARGE PERMITS (CONTINUED)
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Monitoring and calibration of flow monitoring devices and field measurement devices
Participation in EPA DMR QA/QC programs for any self-monitored parameters
Immediate notification of treatment plant upset or of treatment by-pass
Proper operation and certification of WWTP operators
Preparation of slug control plans as required
Permit modification for plant or process changes including use of new treatment chemicals or additives
Increasingly stringent limitations
INDUSTRIAL STORM WATER DISCHARGE PERMITS – TYPICAL REQUIREMENTS
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Submittal of General Permit Notices of Intent (NOI) or “No Exposure” certification
Preparation and implementation of Storm water Pollution Prevention Plans (SWPP Plans) including BMPs
Routine inspection of controls, outfalls and/or discharges Periodic sampling of qualifying storm events Training of facility personnel Comprehensive annual review of SWP3 and BMPs Recordkeeping and reporting 5-Year Renewal of NOI or “No exposure” certification
WATER SUPPLY – TYPICAL REQUIREMENTS
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Registration of potable water supply systems and water wells, and renewal of registration
Proper installation, piping and connections Annual inspection of backflow prevention devices Sampling of water in potable water supply systems, for required
parameters at required frequency Reporting on significant water well withdrawal Maintain water intake structures, prevent fish entrainment Recordkeeping and reporting requirements Proper maintenance and closure of water wells or intakes
OIL SPILL POLLUTION PREVENTION COUNTERMEASURE AND CONTROL PLANS
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SPCC plan required if more than 1320 gallons of above ground oil storage on-site
SPCC plans can be self-certified up to 10,000 gallons onsite
Training is needed to implement plans
Routine inspection of oil storage areas and equipment are required
Periodic update and review of plans by a PE, as required
Periodic tank integrity testing
Keep plans up to date
Address site security, lighting and access
Prepare FRP if subject, Submit for EPA review
SOLID AND HAZARDOUS WASTE REGULATIONS
TOPICS TO BE
COVERED
1. HAZARDOUS WASTE
2. UNIVERSAL WASTES
3. UNDERGROUND STORAGE TANKS
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SCOPE OF SOLID AND HAZARDOUS WASTE REGULATION
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Types of waste that are regulated may be subject to specific regulations and management standards
Hazardous Waste
Universal Wastes
Used Oil
Contaminated Solvent Wipes
Beneficial Reuse/ Secondary Material Wastes
Special Waste: Tires, C&D Debris, Appliances, E-waste
Recyclable Materials
General Refuse/ Trash
SCOPE OF HAZARDOUS WASTE REGULATIONS –POLLUTANTS AND CHARACTERISTICS
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Characteristics of Hazardous Waste Ignitable (flash point < 140 F, spontaneously ignitable, or an
Oxidizer)
Corrosive (pH <2 or > 12.5, Corrosive to Metal)
Reactive (Explosive, Capable of Violent Reaction or release of toxic gas or explosive vapor when heated, pressurized, or upon contact with water)
Toxic (harmful of Fatal when ingested or absorbed) by TCLP Heavy metals (such as, arsenic, cadmium, mercury, lead, chrome, silver)
Toxic Organics (chlorinated solvents, cresol, pesticides, MEK)
TYPICAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATORS
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Written Hazardous Waste determination for each solid waste at the point of generation; consider exemptions, review periodically
Profile wastes for disposal; Determine Land Disposal Restrictions Determine generator status; Keep monthly record of generation Obtain Hazardous waste generator ID#, if needed Satellite Accumulation? Treatment on-site during accumulation? Hazardous Waste Contingency Plan, Emergency Preparations Waste Minimization / Pollution Prevention Plan Conduct daily/weekly inspections of tanks/accumulation areas Annual Employee Training
SOLID AND HAZARDOUS WASTE –TYPICAL ISSUES
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Keeping waste containers closed, properly labeled and keeping wastes segregated
Minimizing air emissions Manifest tracking and exception reporting Disposal facility auditing / identifying alternative facilities DOT Shipper registration, certification & training, if needed Annual Reporting / Biennial Reporting Any permit required activities?: Transport, Treatment, Disposal Secondary Material/ Recycling/ Salable by-products mgmt. Manage E-Waste, Refrigerated appliances, tires, plastics, cardboard,
plastics, & used oil properly
UNIVERSAL WASTE
Universal wastes are hazardous wastes that are subject to less stringent requirements Eligible Universal Wastes: Fluorescent Bulbs, Batteries,
Mercury Switches, Pesticides, Aerosol Cans (varies by state) Lead-Acid batteries are exempted if recycled Intentionally crushed bulbs are typically hazardous waste Accumulate for up to one year Date at beginning of accumulation Keep containers closed Label as Universal Waste
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PETROLEUM AND HAZARDOUS SUBSTANCE UNDERGROUND STORAGE TANKS
Petroleum and regulated substance underground storage tanks (systems with >10% volume underground) must be registered Small farm and residential tanks are exempt Heating oil, wastewater and flow-through process tanks are exempt
Tanks must meet minimum design and construction standards Tanks systems must be upgraded to meet applicable standards
Leak detection and inventory control are required Records of inventory and leak detection must be maintained Certified operators are required
34
COMMUNITY RIGHT TO KNOW / CHEMICALREGULATIONS
TOPICS TO BE
COVERED
1. HAZARDOUS WASTE
2. UNIVERSAL WASTES
3. UNDERGROUND STORAGE TANKS
35
SCOPE OF COMMUNITY RIGHT TO KNOW; EPCRA/SARA TITLE III REGULATION
Requires Public Disclosure of chemicals stored at, and released from, a facility Hazardous Chemical Inventory Reporting (Tier II Inventory
Reports/ SERC Reports) Toxic Chemical Release Reporting (Toxic Release Inventory
Reporting/ Form A, Form R release reports
Requires Community Emergency Planning and Response Planning and Coordination State Emergency Response Commission (SERC) Local Emergency Planning Committee (LEPC)
36
TIER II CHEMICAL INVENTORY REPORTING
Annual Reporting Requirement: March 1 due date, update on new chemicals within 60/90 days after storage over threshold
Requires reporting of >10,000 pounds of any OSHA hazardous chemical stored onsite at any one time Certain Exemptions Apply
Requires reporting of any listed Extremely Hazardous Substance (EHS) onsite at >500 or the TPQ, whichever is less
EHS facilities required to participate in emergency planning Submitted to the State (SERC), County (LEPC) and local fire
department State Electronic reporting; Fees are assessed upon submittal
37
TOXIC RELEASE INVENTORY (TRI) REPORTING OF TRI LISTED CHEMICALS
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Annual Reporting Requirement for Manufacturers: July 1due date, based on listed chemical usage above threshold in previous calendar year: (# of FTE Employee and NAICS code limited)
Chemicals manufactured and processed are subject to 25,000 pound per year threshold, while Chemicals otherwise used are subject to 10,000 pound per year threshold
Certain “PBT” chemicals (such as lead and mercury) have very low thresholds (100/10 pounds per year)
Submit TRI reports to USEPA and States via EPA CDX; TRI-ME Web Module
Includes releases to air, water, land and transfers off-site
SCOPE OF TOXIC CHEMICAL REGULATION (TSCA)
Bans Controls and Restricts Manufacture and use of Materials in Commerce Asbestos, PCBs, CFCs, Dioxins, Lead
Regulates New Chemical Substances as they introduced into Commerce Pre-Manufacture Notice (PMNs) Significant New Use Rules (SNURs)
Requires notification in workplace of adverse chemical reactions
Mandates testing, data collection and reporting
39
TSCA CHEMICAL DATA REPORTING (CDR)
Quadrennial Reporting Requirement for Chemical Manufacturers and Importers: September 30 due date, last due in 2020 for 2016-2019 period
Subject to manufacturers or importers of greater than 25,000 pounds of any substance with CAS # Certain exemptions apply
Has lower Threshold for specifically listed chemicals
Submit to USEPA via EPA CDX; CSPP Web Module, CDR reporting Form: EPA Form U
Includes info on uses on-site, persons exposed, form and distribution in commerce
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OTHER POTENTIALLY APPLICABLE REGULATORY REQUIREMENTS
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FIFRA: Pesticide Registration, Restricted
Pesticide use, and licensed users
Army Corps of Engineers/County
Drainage Boards; Stream Alterations, Ponds,
Property Improvements
Stormwater Construction Permits; Disturbance of >1acre
DEA/FDA: Pharmaceutical/Food
manufacture, distribution, disposal, GMPs
NRC/AEC: Use and disposal of Radioactive or
source material
OSHA: Worker safety and health
Fire/ Electric Codes: Fire Protection,
Chemical/Material Storage, Wiring
DOT: CDLs, Hazardous Materials Transport,
Security
DHS/FBI: Chemical Facility Anti-Terrorism
Standards (CFATS)
ATF: Explosive storage, manufacture and
distribution
EU Reach/California Prop 65: Carcinogen product labeling, Ingredient's info.
MANAGING REGULATORY COMPLIANCEMANAGEMENT PLANS AND SYSTEMS
MANAGEMENT TOOLS
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Environmental Management Systems or Plans
Identifies and addresses the known and potential environmentalaspects of your operation; including regulatory obligations.
Promotes planning and forethought.
Requires explicit top management policy-setting and support .
Involves EVERYONE! (not just the "environmental" department)
Sets objectives, tracks metrics and measures performance
Defines roles and responsibilities.
Establishes procedures, training and work instructions.
Focuses on Protection of the Environment, not just compliance
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BASIC ELEMENTS OF AN ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)
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Develop Develop an Environmental Policy Statement
Identify Identify environmental aspects/risks of your business and products
Identify Identify all legal and other environmental requirements/obligations
Create Create objectives and targets toward minimizing environmental impacts, prevention of pollution, and life-cycle perspectives
Establish Establish programs to meet the established targets and objectives
Assign Assign Roles and Responsibilities within the organization to ensure compliance and to meet established objectives/targets
Conduct Conduct training, communicate and implement the system
Monitor and measure
Monitor and measure performance of the system
Perform Perform Continual Evaluation and Improvement of the system
Maintaining Environmental Compliance with an EMS
Keep up with changes to regulations and permit terms and conditions
Ensure that systems and procedures and work instructions are implemented to meet any new requirements or obligations
Adjust procedures and conduct retraining as needed to communicate changes
Audit the systems periodically to ensure any changes are implemented, and that compliance is being maintained
Promptly address any deficiencies to systems or procedures observed during auditing
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Environmental Management Tools
Environmental Calendar Helps plan, schedule, and organize required activities Tailored to be site-specific Includes applicable regulatory requirements Identifies dates upon which recurring Reports, Inspections,
Tests, Actions, Permit renewals, and/or Fees are due Includes milestone dates during which data should begin to
be collected and compiled Can be a Spreadsheet, Outlook Calendar, task list, Custom
Software Solution, project planner or combinations of all of the above
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ENVIRONMENTAL MANAGEMENT FUNDAMENTALS:
Getting Started and Staying on Track
CO
MPL
IAN
CE
CA
LEN
DA
RITEM Last cmpl DUE/EXP AGENCY PERIOD RESP. PARTY Cmpl Date Notes
JANUARYEHSCM ItemsTVOP Renew 01/18/23 IDEM 5-Yr EHSCM Due in 2024Stack test planning 6/4/20 01/31/21 IDEM A EHSCM 1/7/2021Request YTD DAR from S/R Clerk Internal A EHSCM 2/1/2021NESHAPS SA Rpts 1/20/2020 01/31/21 IDEM SA EHSCM 1/21/2021SA POTW Report 1/20/2020 01/31/21 CWA SA EHSCM 1/21/2021PCB Annual log update check 1/17/20 01/31/21 IDEM Q EHSCM 1/6/2021ECHO Database review 1/22/2020 01/31/21 Internal Q EHSCM 1/15/2021Security Camera Check 1/31/2020 01/31/21 DHS Q EHSCM 2/15/2021netDMR - For December 1/10/2020 01/28/20 IDEM M EHSCM 1/15/2021Update NESHAPs & PM sprdshts 1/15/2020 01/31/21 IDEM M EHSCM 1/21/2021Ambient Air Pb M Rpt rec'd 1/17/2020 01/15/21 CAFO M EHSCM 1/15/2021Envt'l ItemsStack test schedule 01/31/20 TVOP A APMSWPPP Annual Insp 01/31/20 SWPPP M Envtl Mgr 1/28/2021Plan or Insp Form changes, etc. for submittal to IDEM? (RCRA permit)
01/31/20 Internal Q Envtl Mgr1/28/2021
TVOP Q Rpts for CEM/CGA 1/20/2020 01/30/20 IDEM Q Envtl Mgr 1/21/2021BH Insp & Maint Cklst 1/2-7/20 01/31/20 Internal M Envtl Mgr 1/8/2021Eqpt & Mtls for Spill Cntnmt 1/2/2020 01/31/20 SPCC M Envtl Mgr 1/4/2021Other Dept. ItemsEHS Committee Meeting 01/31/20 Internal Q APM 1/21/2021S/R Spill Inventory Cklst 01/31/20 SPCC M S/R 1/18/2021WWS Insp 01/31/20 Internal M All Missing: 2 Admin, Yarde-manifest upload, oldest incomplete check (max 45 d)
01/21/20 EPA M S/R Mgr1/28/2021
Whs 365 day limit check 01/31/20 Internal M S/R Mgr 1/28/2021
Items required by:
Permit
Rules/Regs
Past findings
Internal
Reminders
Listserves Federal Register–daily TOC: https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new
Code of Federal Regulations: www.ecfr.gov
Indiana Administrative Code: http://iac.iga.in.gov/iac//
IDEM Public Notices: https://public.govdelivery.com/accounts/INDEM/subscriber/new
Or www.in.gov/idem/public-notices
List of Contacts
File Organization & Management
Email management
Inspections and Verifications
EPA ECHO database
