Environmental Compliance and Sustainability in the Retail Industry Sean M. Sullivan Sean M. Sullivan Williams Mullen Williams Mullen 301 Fayetteville Street, Suite 1700 301 Fayetteville Street, Suite 1700 Raleigh, NC 27601 Raleigh, NC 27601 (919) 981-4312 (919) 981-4312 [email protected][email protected]
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Environmental Compliance and Sustainability in the Retail Industry Sean M. Sullivan Williams Mullen 301 Fayetteville Street, Suite 1700 Raleigh, NC 27601.
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Environmental Compliance and
Sustainability in the Retail Industry
Sean M. SullivanSean M. Sullivan
Williams MullenWilliams Mullen
301 Fayetteville Street, Suite 1700301 Fayetteville Street, Suite 1700
unsafe to enter, building demo may cause releases.
– Depending on store configuration, spilled materials can enter storm drains and be released to surface waters.
Disaster Planning
• Building and Fixture Disposal– Fluorescent lighting.– Older buildings with asbestos.– Lead-based paint.
• Regulatory problem – the mixture rule.– Rule – if one mixes hazardous waste
with non-hazardous waste, the entire mixture is now hazardous waste.
Disaster Planning
• Mixture Rule Problem– Application of the rule is within the
state’s regulatory agency’s discretion.– Key is convincing the regulator you
have not intentionally mixed hazardous and non-hazardous waste.• Minimize the potential for additional
releases after the event has concluded.
Disaster Planning
• There are a number of studies regarding debris disposal after Katrina.
• As a result, EPA has directed states to develop debris management plans, which include staging areas for different classes of materials.
• Private businesses are still responsible for disposing of their own debris, but understanding the local plan may help facilitate disposal and rebuilding.
Disaster Planning
• Post-Katrina Enforcement Cases– Improper disposal of asbestos.– Dumping of materials in unpermitted
locations.– Improper management of fluorescent
light bulbs and ballasts.
• Key is understanding what you have in your store and how it needs to be managed ahead of time.
Major Topics
• EPA Enforcement Priorities and Trends
• Considerations for Compliance Auditing
• Vapor Intrusion at Brownfields Sites
• Disaster Planning
• Sustainability In Retail
Sustainability in Retail
• EPA’s Definition of Sustainability – going beyond your regulatory obligations to protect the environment.
• Five Major Areas for Retail Industry– Buildings and Infrastructure– Facilities Management– Transportation/Logistics/Supply Chain – Merchandising (Packaging)– Customer Programs
Sustainability in Retail
• Buildings and Infrastructure– Advanced Refrigeration to avoid ozone depleting
substances.• Benefit of avoiding regulatory requirements
under CAA, but ammonia-based systems have their own rules.
– Building materials and designs that limit energy use and use materials with lesser environmental impact.
• Leases should be written to allocate savings to entity that bears the cost.
Sustainability in Retail
• Smart Growth – use of brownfields properties for new stores to reduce sprawl.
• Green Infrastructure – design sites with less impervious surfaces to reduce pollutant loads on utilities and volume of stormwater discharge.
Sustainability in Retail
• Facilities Management– Selecting boilers with greater energy
efficiency ratings and potential for cogeneration.
– Limit amount of fats, oil and grease you discharge to sewer system.
– Landscaping to maximize pervious surface and minimize need for fertilizer and pesticide.
Sustainability in Retail
• Transportation and Supply Chain– Encourage public transportation use
among employees.– Alternative fuels for fleet vehicles.
Sustainability in Retail
• Merchandising– Life Cycle Analysis – concept of
evaluating the entire life of a product (from manufacture to ultimate disposal).• Identify products with lower carbon
footprint.
• Select offerings that limit use of hazardous chemicals during production.
Sustainability in Retail
• Merchandising– Packaging
• Activist shareholder groups have been advocating shareholder resolutions to stop retailers from using PVC-based packaging.
• Problem of plastic bags.– Supply Chain Management
• Selecting products whose life cycles have less environmental impact.
• Problem of enforcement of vendor contracts (ex – Silly String Cases)
Sustainability in Retail
• Supply Chain Management– Lacey Act Amendments of 2008
• Prohibits the import or distribution in commerce of any plant harvested in violation of federal, state or foreign law.
• Also applies to certain products containing plants; phased in over time.
• Again, the problem of controlling the sources of raw materials and enforcing contractual provisions.
Sustainability in Retail
• Consumer Programs– E-Waste
• 20 States currently have programs requiring recycling of this material.
• Hazardous substances in electronics include: lead, cadmium, lithium, nickel
• Examples
– California treats it as state-only hazardous waste
– North Carolina requires manufacturers to establish recycling programs.
• Retailers can establish collection programs for their customers.