2016_EHS Seminar_Portsmouth NH slides

Breakfast Seminar Series

Environmental, Health & Safety Regulatory Updates

IntroductionsNovember 1, 2016 Portsmouth, NH

Wayne E. Bates, PhD, PE, Principal Engineer

Firm Overview

■ Multi-disciplinary Consulting Firm Founded in 1911■ Full Service Capabilities: 290 Person Staff■ Employee Owned■ 8 Offices in MA, CT, NH and NY

Geographic Coverage

Tighe & Bond Full Service Capabilities

Civil Engineering

•Dams & Levees•Geotechnical Engineering

• Infrastructure•Land Use Planning•Low Impact Design•Parking & Circulation•Site Planning & Design

•Transportation

Environmental Consulting•Brownfields•Demolition & Asbestos/ Hazardous Materials

•Environmental Permitting & Planning

•Fuel Storage•Health & Safety•Regulatory Compliance

•Site Assessment & Remediation

•Wetlands and Ecological Services

Building Services •Geotechnical Engineering

•Electrical & Mechanical Engineering

•LEED Green Design•Owner’s Project Manager

•Structural Engineering

Technology •3D Modeling•GIS

Sustainability•Energy & Resource Conservation

•LEED Green Design•Low Impact Design•Renewable Energy

Environmental Engineering•Drinking Water•Solid Waste•Stormwater•Wastewater

About our Speakers?

■ Regulatory Experts■ Actively engaged in professional societies■ Track regulations■ Good reputation among regulators■ History of helping clients with regulatory

challenges■ Ability to assist in determining applicability

Challenges

■ Take a minute to write down 5 challenges you are facing or expect to face regarding compliance in the coming year

Breakfast Seminar Series

EH&S Regulatory Updates

November 1st Portsmouth, NH

David P. Horowitz, PE, CSP, Project Manager

Tanks

Agenda – Regulatory Updates

■ Tanks– Federal Perspective– NHDES Nuts & Bolts

■ Hazardous Materials■ Toxic Release Inventory (TRI)■ Air Quality■ Hazardous Building Materials (HBM)■ Safety and Health

Regulatory Updates – Tanks (Above ground)

■ Bad Tank News– Port Arthur, TX

» Explosion, fatality, injuries

– Elk River - West Virginia» Chemical leak, 300,000

w/o water– Smith County, TX

Regulatory Updates – Tanks (Above ground)

Regulatory Updates – Tanks (Above ground)

Regulatory Updates – Tanks (underground)

Regulatory Updates – Tanks (underground)

Regulatory Updates – Tanks (underground)

FAQs – Tanks

■ What is Underground Storage Tank Operator Training?– UST Operator Training is a federal requirement that was part of

the Energy Act of 2005

■ What facilities does the Operator Training Act apply to?– Any underground storage facility– Any tank having an individual capacity of greater than 110

gallons that stores a regulated substance

FAQs – Tanks

■ What are kind of Operator’s are there and what are their primary responsibilities?– Class A – Class B– Class C

■ Who needs to be Operator Trained at each facility?– Every applicable UST facility owner is required to have a Class A,

B and C operator designated for each facility

■ By what date must facilities be in compliance with the Operator Training Act?– By August 8, 2012 no facility can operate without designated

Class A, B and C operators who have been properly trained and certified.

FAQs – Tanks

■ By what date must facilities be in compliance with the Operator Training Act?– By August 8, 2012 no facility can operate without designated

Class A, B and C operators who have been properly trained and certified.

■ Where can Operators get certified?– DES UST Operator Training Class for Class A and B operators.– International Code Council (ICC)

Typical Deficiencies – USTs Inspected (No Retail)

Deficiency % Identified

Maintenance 91%

Financial Assurance 84%

Sump Monitoring 66%

Registration 61%

Overfill Prevention 38%

Cathodic Protection 18%

Double Wall Piping Issues 12%

Shear Valve 11%

‘Extra’ Vents 6%

Top Things Regulators Look For

1. Managing sumps & spill buckets (USTs)

2. A/B/C Operator coverage (USTs)

3. Financial Assurance (USTs)

4. Inspection Frequency (ASTs)– 5001 Gallon ASTs

Questions

Breakfast Seminar Series

EH&S Regulatory Updates

November 1 Portsmouth, NH

Timothy K. Kucab, CHMM, Project Compliance SpecialistDouglas Stellato, Project Compliance Specialist

Air Quality

Breakfast Seminar Series

■ Agenda– RTAP Review– Planning for 2017– Emergency Generators– Siting and Noise– Top 5

RTAP

■ Regulated Toxic Air Pollutants– Env-A 1400

– Above and beyond EPA Standards

– Modeling new processes

– Review Annually – Memo to File

– Very Specific Permit Conditions and ComplianceProvisions

Planning for 2017

■ Reporting Season– Semi-Annual / Annual Compliance Reports (January)– NESHAP/MACT Annual Updates (January, March)– Annual Emissions Statements and Fee (April)– Source Registration Reports (March, site specific)– Greenhouse Gas Reporting (March/April)

» Changes to MassDEP Reporting

So You Operate a Generator…

New

Old

Emergency

Non-Emergency

Area Source

Major Source of HAP

Installation Date Generator Use Facility HAP

Emissions

Types of Requirements

■ Emergency– Monitoring – Recordkeeping – Operating Limitations– Fuel Requirements– Emissions Limitations

■ Non-Emergency– Controls – Performance Tests – Reporting– Notifications

Emergency Engines Nuts and Bolts

■ Emergency engines may operate for 100 hr/yr for any combination of the following:

■ maintenance/testing;■ emergency demand response ■ 50 hr/yr of the 100 hr/yr allocation can be used for:

– non-emergency situations if no financial arrangement

State Requirements

■ Individual Permits■ General Permits■ Permit-by-Rule■ Certifications

NHDES General Permit

■ Internal combustion engines used to produce electricity through a generator or to produce mechanical power for fire pumps located at non-Title V facilities that:

– Meet the permitting threshold applicability of Env-A 607– Are certified to meet USEPA emission levels for newer

compression ignition engines or newer spark ignition engines if applicable

– Operate strictly within the USEPA and NHDES definition of an emergency engine

NHDES General Permit

■ An emergency engine is a stationary internal combustion engine used for emergency purposes that is limited to 500 hours of total operation during any consecutive 12-month period.

■ Application – 15 day processing

■ Fee - $1,279.20

Emission Dispersion

■ “Good Engineering Practices”– No Shanty Caps or Egg Beaters– Vertical exhaust

■ Stack Height – Requirements May Vary– 10 Feet Above Nearest Roofline– If the stack is lower than 1.5 times the building height or lower

than the height of a structure that is within 5L of the stack (5L being five times the lesser of the height or maximum projected width of the structure) – MODELING REQUIRED

■ Other states have additional requirements

Siting Considerations

Siting Considerations

■ Impacts from Project– Sound Levels– Visual Impacts

Generator Housing

Generator Exhaust

Residence less than 25 feet away

Noise Considerations

■ Noise Policies– Sound Levels– Pure Tones

■ Zoning Specific Noise Provisions

■ Sound Level Monitoring – Pre-Construction– Post-Construction– Ambient

Top Five Things Regulators Look For

■ #1 Recordkeeping– Every Permit Condition

■ #2 Reporting– Don’t Miss Deadlines

■ #3 Inspections– Document Required Inspections

■ #4 Non-Delegated Regulations– Local / State / Federal

■ #5 General Duty– Facility Condition

Questions

Breakfast Seminar Series

EH&S Regulatory Updates

November 1 Portsmouth, NH

Doug Stellato, Project Compliance Specialist

Hazardous Materials

Regulatory Updates – Hazardous Materials

■ Tier II Reporting– 10,000 pounds– Extremely Hazardous Substances– Tier II Manager (MA and Manchester)

■ Chemical Control Laws– Alphabet Soup of Regulations– Updated Frequently

■ TSCA– June 2016 Update– Evaluate existing chemicals– Risk-based safety standard– Improved public transparency

Planning for 2017– Hazardous Materials

■ Tier II – March 1, 2017– Tier II Manager upload of facility– Consultant Access– Tier2 Submit

■ CA Prop 65– Updated frequently

■ SVHCs– Updated in June and December

■ Supply chain driven– Products imported into Europe– Conflict Minerals

■ Preparing or reviewing Safety Data Sheets– Section 15 information

Planning for 2017– Hazardous Materials

■ TSCA– New Inventory rule

» Proposed by December 2016» New rule by mid-2017» 10 years of reporting

– New chemicals approved prior to going to marketplace– Mercury compounds export ban September 2016– New review process will rely on chemical use

Top Five Things Regulators Look For

■ #1 Accurate Inventory– Inaccurate amounts can lead to issues with other programs

■ #2 Site Diagram– Shows location of each reportable chemical

■ #3 Up-to-date SDS– Purchased and manufactured substances

■ #4 Testing Data– For chemical concentrations

■ #5 Import & Export Records– Is a broker being used?

Questions

Breakfast Seminar Series

EH&S Regulatory Updates

November 1, 2016 Portsmouth, NH

Jeffrey P. Bibeau, REMAssociate—Principal Compliance Specialist

Toxic Release Inventory

Reporting Applicability

■ Private-sector facilities– Specified NAICS code– 10 or more full time employees (20,000 hours per year or greater)– Manufactures, or processes, or otherwise uses chemicals

exceeding thresholds■ Federal facilities

– Owned or operated by Executive Branch agencies– No restrictions based on SIC

Reporting Applicability (cont.)

■ Applicable NAICS Codes:– 212 Mining– 221 Utilities– 31 - 33 Manufacturing– All Other Miscellaneous Manufacturing (includes 1119, 1131,

2111, 4883, 5417, 8114)– 424 Merchant Wholesalers, Non-durable Goods– 425 Wholesale Electronic Markets and Agents Brokers– 511, 512, 519 Publishing– 562 Hazardous Waste– Federal Facilities

Reporting Applicability (cont.)

■ For a toxic chemical, a facility meeting all other criteria must file a Form R report for that chemical if it is:– Manufactured (including import) more than 25,000 pounds per

year, or– Processed more than 25,000 pounds per year, or– Otherwise used more than 10,000 pounds per year– >10 full-time employees

■ De Minimis threshold:– 1%– 0.1% for OSHA Carcinogens

TRI Chemicals

■ Section 313 of EPCRA– Cancer or other chronic human health effects– Significant adverse acute human health effects– Significant adverse environmental effects

■ Chemicals– CAS #– 595 individually listed chemicals

■ Categories– Group #– 31 chemical categories

■ PBT Chemicals– Lower thresholds

PBT Thresholds

Category Name TRI Category #Reporting Threshold(in pounds unless noted otherwise)

Dioxin and dioxin-like compounds(manufacturing; and the processing or otherwise use of dioxin and dioxin-like compounds if the dioxin and dioxin-like compounds are present as contaminants in a chemical and if they were created during the manufacturing of that chemical)

N150 0.1 grams

Lead CompoundsLead and Lead Compounds have special reporting thresholds. Refer to the Guidance Documents page for more information.

N420 100

Mercury compounds N458 10

Polycyclic aromatic compounds (PACs) N590 100

PBT Thresholds (cont.)

Category Name CAS Number Reporting Threshold(in pounds)

Aldrin 309-00-2 100Benzo(g,h,i)perylene 191-24-2 10Chlordane 57-74-9 10Heptachlor 76-44-8 10Hexachlorobenzene 118-74-1 10Isodrin 465-73-6 10Lead 7439-92-1 100Mercury 7439-97-6 10Methoxychlor 72-43-5 100Octachlorostyrene 29082-74-4 10Pendimethalin 40487-42-1 100Pentachlorobenzene 608-93-5 10Polychlorinated biphenyl (PCBs) 1336-36-3 10

Tetrabromobisphenol A 79-94-7 100

Toxaphene 8001-35-2 10Trifluralin 1582-09-8 100

TRI Chemicals

■ Qualifiers - listed chemicals with parenthetic qualifiers subject to TRI reporting only if manufactured, processed, or otherwise used in specified form

CHEMICAL Aluminum Aluminum oxide Asbestos Isopropyl alcohol Phosphorus Saccharin Hydrochloric Acid

CAS #

7429-90-5 1344-28-1 1331-21-4

67-63-0

7723-14-0 81-07-2

7647-01-0

QUALIFIER Fume or dust Fibrous forms Friable forms Mfg. by strong acid process Yellow or white Manufacture only Acid aerosols

Identify toxic chemicals

manufactured, processed, or

otherwise usedat the site

Determine the quantity of toxic chemicals and how they are

manufactured, processed, or

otherwised used

Identify total releases and

off-site transfers

Identify waste management

practices

Identify pollution prevention activities

Complete Form R

TRI Reporting Process

TRI Reporting

■ Form R– One for each chemical or category– Usage Code Range

■ Releases– Report specific amounts released on-site, transferred or shipped

off-site to each media» Air» TSDF» Recycled» Wastewater

■ Treatment– Report amounts treated or recycled on-site

» Air» Wastewater

TRI Tools

■ (M)SDS (Supplier Notification)

■ Vendors

■ TRI Common Synonyms Document

■ CAS #

TRI Management Practices

■ Begin early– Implement a program to gather “real-time” data on usage– Searches for historical information can be difficult

■ Use a team approach– Include all relevant personnel (e.g., engineering, environmental,

operations)

■ Keep organized records

TRI Report Submittals

■ TRI Facility ID#

■ Complete a Form R report for each reportable chemical

■ Deadline = July 1st each year

■ No Fee

■ Submitted using EPA’s CDX program– Preparer– Certifier

Questions

Breakfast Seminar Series

EH&S Regulatory Updates

November 1, 2016 Portsmouth, NH

Jeff Bibeau, REM – Principal Compliance Specialist

Hazardous Waste

Agenda – Regulatory Updates

■ Hazardous Waste Determinations■ Hazardous Waste Management■ 2017 Hazardous Waste Action Items■ Top 5 Hazardous Waste Compliance Items

Hazardous Waste

■ EPA Listed Wastes (F, P, K and U)

■ Characteristic Hazardous Waste exhibits one or more of the following characteristics:– Ignitability (flashpoint <140 degrees F)– Corrosivity (pH <2 and >12.5)– Reactivity (normally unstable/emits toxic fumes)– Toxicity

■ All businesses are required to perform a Hazardous Waste Determination on the waste they generate

– CTDEEP requires to test annually or if process change or not changed over time then ”knowledge of process”

– Maintain a copy of these determinations

Hazardous Waste:The Nuts and Bolts

■ Labeling– All drums of HW must be properly labeled:

» CENTRAL ACCUMULATION AREA– Label must have accumulation start date

» SATELLITE ACCUMULATION AREA– Label should NOT be dated until drum is full– Only 1 drum per waste stream can be located in an area

■ Management– Keep drums closed at all times. Avoid the following:

» An open funnel is an open drum = penalty » An unlocked ring around a solids drum is an open drum = penalty

■ Disposal– Cradle to Grave

» Responsibility of proper disposal and recordkeeping is always on the GENERATOR, not the hauler

■ Universal Waste– Bulbs, Batteries, Ballasts, Thermostats, etc.

» Must be in a closed, labeled and dated container» Can accumulate for up to 1-Year

Hazardous Waste:The Nuts and Bolts

■ Generator Status

-Conditionally Exempt Small Generator (CESQG):» generate <220 pounds/month» accumulate <2,200 pounds

-Small Quantity Generator (SQG):» generate 220-2,200 pounds/month» accumulate <2,200 pounds/month» <180 day on-site accumulation» weekly Inspections

-Large Quantity Generator (LQG):» generate >2,200 pounds/month» accumulate >2,200 pounds/month» <90 day on-site accumulation» Biannual Report/Contingency Plan/Annual Training/Weekly

Inspections

Hazardous Waste:The Nuts and Bolts

■ Good Condition■ Compatible with waste ■ Closed unless filling or dispensing■ Clear markings

– Content – Hazard Associated with the waste – Start Date Accumulation

Hazardous Waste

■ LQG’s that store Hazardous Waste in Tanks:

1. <50 feet of the property line2. Must be designed in accordance with special

design requirements (PE stamp)3. Tightness tested4. Secondary containment/leak detection5. When permanently cease using a tank perform

special cleanup activities6. Tanks inspected by a PE and certify as to their

integrity7. Daily inspections

Must comply with EPA air emission standards for Tanks (40 CFR Subparts AA, BB and CC)

Planning for 2017

• Hazardous Waste Management = 100% compliance 100% of the time

• Weekly Inspections

• On-site accumulation limits (LQG=90 days; CESQG=180 days)

Top Five Things Regulators Look For

■ #1 Container Management– Label information, closed containers

■ #2 Generator Status– Monthly Generation limits and on-site accumulation time limits

■ #3 Reports/Contingency Plan – Biannual HW reports/Contingency Plan updats

■ #4 Inspections– Documented inspections (time/date/full name)

■ #5 Central Accumulation Area– Line of demarcation, signage, emergency call list, fire

extinguisher

Questions

Breakfast Seminar Series

EH&S Regulatory Updates

November 1st Portsmouth, NH

Slideshare: dphorowitzTwitter: @dphorowitzYoutube: dphorowitz

David P. Horowitz, P.E., CSP, Project Manager

Stormwater

Agenda – Regulatory Updates

■ Tanks■ Hazardous Materials■ Toxic Release Inventory (TRI/EPCRA)■ Air Quality■ Stormwater■ Safety and Health■ Auditing

Objectives/Takeways

■ Industrial Stormwater Introduction

■ Stormwater requirements■ Potential pollutant sources■ New England framework

– MSGP Data Review

■ What are regulators looking for?

Regulatory Background

■ Industrial Stormwater Dischargers

– 1995 Multi-Sector General Permit– 2000 Multi-Sector General Permit

» Renewed– 2008 Multi-Sector General Permit

» Renewed three years after expiration– 2015 Multi-Sector General Permit

» Renewed two years after expiration

Storm Water Discharges – What do these states have in common?

Delegated States

■ Most states are delegated to oversee program– 46 are delegated

– States issue permits

■ Four states are not delegated– Massachusetts

– New Hampshire

– Idaho

– New Mexico

– EPA issues permits

New England States

State General Permit - Effective Date

General Permit - Expiration Date Comment

Massachusetts June 4, 2015 June 4, 2020 Federal Permit

New Hampshire June 4, 2015 June 4, 2020 Federal Permit

Maine April 26, 2011 April 25, 2016(September 2016 Draft) State Permit

Connecticut October 1, 2011 September 30, 2018(Extended from 2016) State Permit

Rhode Island August 15, 2013 August 14, 2018 State Permit

Vermont August 4, 2011 August 4, 2016(Administratively continued) State Permit

NPDES - Industrial

■ Permitting Options? – Multi-Sector General Permit (MSGP)

– Federal or state

– Meant to be easy

– No Exposure Certification (NOE)

– Still need to file!

– Individual Wastewater Discharge Permit

– Don’t want these for stormwater

Sectors & SIC

■ What is an SIC code? – “A Standard Industrial Classification code or SIC code is a four-

digit code describing the activities taking place at a facility. Facilities conducting multiple operations may have multiple SIC codes, one describing each activity.”

■ What is a Primary SIC code? – A primary SIC code describes the activity that generates the

highest net revenue at a facility.

Multi-Sector General Permit (MSGP) Applicability

■ Sectors organized by SIC Codes– Sector A: Timber Products

– Sector E: Glass, Clay, Cement, Concrete and Gypsum Products

– Sector M: Automobile Salvage Yards

– Sector L: Landfills (Active & Closed)

– Sector N: Scrap and Waste Recycling

– Sector P: Land Transportation and Warehousing

– Sector S: Airports

– Sector T: Wastewater Treatment Plants (>1 MGD)

Stormwater Changes

■ 2015 MSGP– Added NAICS code cross-reference

– North American Industrial Classification System

– Added specificity for effluent limits– Electronic filing required– Improved public accessibility

» Post plan» Provide plan elements in NOI

General

■ No Exposure Certification (NOE)

– Activities are designed to prevent exposure to rain, snow, snowmelt and/or runoff

– Material handling equipment or activities

– Material handling activities

» Storage, loading and unloading, transportation, or conveyance

– raw material, intermediate product, final product or waste product

» Final products intended for outdoor use are not required to be stored indoors or in a storm-resistant shelter.

Multi-Sector General Permit (MSGP) Implementation

■ SWPPP Contents■ Discharges to Water Quality Impaired Waters■ Endangered Species & Historic Places Evaluation■ Quarterly Visual Inspections■ Annual Reporting■ Benchmark/Numeric Effluent Monitoring■ Electronic Reporting To EPA

– Sample Results (<30 days)

– Inspection Reports (<45 days)

■ Employee Annual Training

2000, 2008 & 2015 MSGP Comparison

Let’s look at the data!

2015 MSGP - NH

2015 NOE - NH

2000, 2008 & 2015 MSGP Comparison

County 2016 MSGP 2008 MSGP 2000 MSGP

Barnstable 6 22 29

Berkshire 27 20 50

Bristol 86 55 105

Dukes 7 4 4

Essex 101 56 104

Franklin 16 10 18

Hampden 71 46 97

Hampshire 31 28 38

Middlesex 82 64 193

Nantucket 2 1 1

Norfolk 64 44 94

Plymouth 59 35 55

Suffolk 44 23 38

Worcester 119 67 158

TOTALS 715 475 984

2000, 2008 & 2016 NOE Comparison

County 2016 NOE 2008 NOE 2000 NOE

Barnstable 0 12 6

Berkshire 5 17 7

Bristol 22 49 25

Dukes 1 0 0

Essex 25 56 21

Franklin 7 8 8

Hampden 6 29 16

Hampshire 7 13 10

Middlesex 60 143 56

Nantucket 1 2 1

Norfolk 21 46 20

Plymouth 7 24 17

Suffolk 27 9 6

Worcester 36 77 36

TOTALS 225 485 229

Data Review

2016 MSGP 2008 MSGP 2000 MSGP

715 475 984

2016 NOE 2008 NOE 2000 NOE

225 485 229

940 960 1213

Data Review

■ Shift to/away from No Exposure■ Less Sites Covered■ Site closures?■ Re-evaluation of regulated discharges?■ “Delegated” impact – “Out of sight, out of mind”?

2016 MSGP 2008 MSGP 2000 MSGP715 475 984

2016 NOE 2008 NOE 2000 NOE225 485 229

940 960 1213

Questions

Breakfast Seminar Series

EH&S Regulatory Updates

November 1st Portsmouth, NH

David P. Horowitz, P.E., CSP - Project Manager

Safety & Health

Regulatory Updates – Safety & Health

■ Respirable Crystalline Silica

■ Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015

■ Recording and Reporting of Occupational Injuries and Illnesses regulations

Regulatory Updates – Safety & Health

■ Respirable Crystalline Silica– Issue Date: March 25, 2016 / Effective Date: June 23, 2016– Compliance Dates:

» Construction: June 23, 2017 / General Industry: June 23, 2018– Highlights:

» New P.E.L. of 50 µg/m3 / 8 hour shift(1/2 Prior Limit in General Industry / 5 times lower in Construction)

» New Action Level of 25 µg/m3 / 8 hour shift» Requires initial, in some cases follow-up, exposure monitoring» Requires engineering controls and work practices» Requires development of an Exposure Control Plan» Must consider designated list of controls

Regulatory Updates – Safety & Health

■ Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015

■ Translation: Higher OSHA Fines– Highlights:

» Serious $7,000 → $12,741 per violationOther Than Serious $7,000 → $12,741 per violation

» Failure to Abate $7,000 → $12,741 per day» Willful or repeat $70,000 → $124,709 per violation

» Effective August 1, 2016» First increase in over 25 years» Allows future increases by January 15 every year

Regulatory Updates – Safety & Health

■ Recording and Reporting of Occupational Injuries and Illnesses regulations– Highlights:

» Large Businesses (≥ 250 employees)– Electronically file OSHA 300 / 300A / 301 forms with OSHA– Begins July 1, 2017 (300A form), All forms in 2018

» Small (High Risk) Industries (20 – 249 employees)– By SIC Code (e.g., utilities, construction, manufacturing)– Electronically file OSHA 300A forms with OSHA– Begins July 1, 2017

» Injury / Illness data will be available to the public» Employers can not retaliate for injury reporting

– Automatic drug testing can be a form of retaliation» Electronic reporting is being challenged and may be modified

Planning for 2017– Safety & Health

■ Annual Safety & Health Requirements– Post OSHA 300A Log: Post from Feb 1 → through April 30– Initial Training:

» LoTo, Emergency Action Plan, HazCom, PPE, Hearing Protection…– Refresher Training:

» Annual: Hearing Protection, Respirators, Access to Medical Records…» 3-Year: Powered Industrial Trucks

– Mandatory Program Reviews:» Exposure Control Plan (BB Pathogens), Confined Space, LoTo….

– Annual Evaluations:» Audiograms, Respirator Fit Tests

– Process Changes:» Training, Program Updates, Hazard Reviews, PPE Assessments…

Top Five Things Regulators Look For

1. The common / obvious violations» OSHA Top 10 List» Visible - Low hanging fruit (Extension cords, No Written Programs, No Training...)

Top Five Things Regulators Look For

2. Federal OSHA Exempt Facilities?State and Municipal Employees?

» Subject to: Connecticut Department of Labor'sDivision of Occupational Safety and Health (CONN-OSHA)

3. Federal / Local Emphasis Programs

» Fall Protection

» Fork Trucks

» Amputations

» Process Safety...

4. Employee Complaints & Injuries

5. High Risk & High Injury Rate Facilities / Operations

Questions

Breakfast Seminar Series

EH&S Regulatory Updates

November 1, 2016 Portsmouth, NH

Wayne E. Bates, PhD, PE, Principal EngineerDouglas Stellato, Project Compliance Specialist

Compliance Tools – Chemical Inventories & Compliance Calendars

Compliance Tools

■ Chemical Inventories■ Recordkeeping Databases■ Compliance Calendars

Chemical Inventories

■ Track materials stored & quantity used

■ Used for multiple programs– Tier II– Greenhouse Gas Reports– Source Registration– TURA reporting– TRI reporting– Chemical Control Laws

Chemical Inventories

■ Challenges– Multiple spreadsheets or lists– Multiple people responsible– Missing data– How to verify data

■ Accuracy is essential– Over-reporting– Under-reporting– Amended reports

Chemical Inventories

Materials ordered

Manufacturing

Products Manufactured

CAS #

CAS #

CAS #

Product Flow

CAS #

CAS #

CAS #

Information Needs

Receiving Dock

ShippingDock

CAS = Chemical Abstract System

Chemical Use

MaterialsE

mis

sion

sProducts

Waste

Used

inventory

Recordkeeping

■ Track materials used and emissions■ Used for multiple programs

– Air Permit Reporting– Air Permit Recordkeeping– TURA/TRI applicability

■ Track all conditions of permit!– VOC/HAP concentration limits– VOC/HAP emissions– Annual reports

Chemical Use and Recordkeeping

Chemical Information

Process Information

Chemical Use

Properties

Parameters

Regulatory Requirements

Thresholds

Product

By-Product

Waste

Emission

Inventory Recordkeeping Reporting

Recordkeeping

Recordkeeping

Recordkeeping

Reporting

Calendars

■ Track “typical” and non-“typical” reporting deadlines

■ Track inspections or sampling– Hazardous waste– SPCC & SWPPP– Wastewater sampling

■ Track Employee Training– Hazardous waste– DOT– SPCC & SWPPP– Wastewater licenses

Compliance Tools –Calendars

■ Chemical inventory – key for material use, storage, and emission calculations– Establish systems at receiving dock– Use information for multiple regulatory programs– Regularly check and test data accuracy (3rd party)

■ Recordkeeping– Use data to generate compliance reports– Ability to export data for other uses and metrics tracking– Stay up to date on regulatory changes

■ Compliance Calendars– Use alerts and reminders– List applicable programs and frequency– List non-applicable programs with thresholds– Integrate inventory, recordkeeping and calendar

Conclusion

Questions

Breakfast Seminar Series

EH&S Regulatory Updates

November 1, 2016 Portsmouth, NH

Wayne E. Bates, PhD, PE, Principal Engineer

Auditing

Why Conduct an Audit?

Common Risks

■ Regulatory– Audit or inspection– Maintaining compliance– Adapting to changing regulatory environment

■ Corporate– Compliance with regulatory programs– Conformance with company policies and procedures– Due diligence

■ Supply Chain– Requirements for doing business– Limiting exposure

■ Certifications

Common Findings

■ Safety & Health ■ Environmental

Safety and Health

■ Industrial Facilities– 7 of 10 are general industry– 3 of 10 are construction

Environmental

■ Industrial Facilities– Risk Management Planning

» Process Safety Information (PSI)» Signage» Management of Change (MOC) issues» Employee Training

– SPCC Plans» Site plan » Discharge location

– Hazardous waste» Labelling» Storage» containers

Planning for Compliance

Applicability

Conformance

Compliance

Planning for Compliance

■ Regulatory Applicability Review (annual)– Create or update the compliance matrix– Establishes or updates the compliance calendar

■ Regulatory Conformance Review (1-2 years)– Verify conformance with regulatory requirements– Verify that calendar events are completed

■ Regulatory Compliance Audit (3-5 years)– In-depth review of programs– Review of operations and inventories– Review calculations and permit conditions– Challenge compliance

Maintaining Compliance

Questions