Coping with Environmental Agency Inspections

When the inspector comes knocking!

Jerry P. Bauer, P.E.Burns & McDonnell Engineering Company

November 2013

Environmental Agency Inspections

What to do…….

•Before the inspection

•During the inspection

•After the inspection

56804_United Pumping Services

Before the Inspection (What to do)

Develop an “Environmental Regulatory Inspections” Policy

•Define Company Policies and Procedures Associated with Managing Environmental Agency Inspections

(Guide the person in the hot seat when the inspector shows up).

Before the Inspection (What to do)

Advantages of Having Written Policy

•Quick Reference Guide (especially if regular contact is absent) •Support Environmental Coordinator in taking hard line•Uniform Company Position/No Second Guessing

56804_United Pumping Services

Before the Inspection

Company Inspection Policy

1.Verify Inspector Credentials

2.Determine Purpose

3.Cameras and Audio Equipment ???

4.Company escort required

5.Records provided to inspector

6.Exit Meeting

7.Signatures on Inspection Form ??

8.Notifications to Plant Manager/Attorney

56804_United Pumping Services

Before the Inspection (What to do)

Advantages of Well Organized Environmental Records

1. Able to Provide Requested Records

2. Avoid Providing too Much Information

3. Get Inspector Out the Door

4. Appearances Count

56804_United Pumping Services

Before the Inspection

Good Housekeeping and Maintaining an Orderly Facility

•Appearances Count-Chemical spills, open containers, unlabeled containers look bad (and may be violations)

•Eliminate the “low hanging fruit”

56804_United Pumping Services

Before the Inspection

Examples of Low Hanging Fruit

•Fluorescent Bulbs- Containers

not dated/closed

56804_United Pumping Services

Before the Inspection

Examples of Low Hanging Fruit

•Parts Washer Solvent-

Lid not closed

56804_United Pumping Services

Facts of Life

Despite Your Hard Work and Preparation…

1.You May be Out-Gunned (Ozone Depleting Compound/40 CFR Part 82 or SPCC Inspector)

2. Deck May be Stacked Against You (Prevention of Significant Deterioration (PSD) Review)

3. Success will be highly dependent on the inspector!

56804_United Pumping Services

The Inspector

• You know it will be a good day when your inspector looks like…..

56804_United Pumping Services

The Inspector

• You know it will be a bad day when your inspector looks like…..

56804_United Pumping Services

The Day of the Inspection

Quickly Review Company Policy and …

•Verify Inspector Credentials•Inquire about purpose of inspection/request inspector documents•Notify (Plant manager, attorney, etc)•Set up in dedicated conference room•Confirm Ground Rules (No photos, escort at all times, etc.)

The Day of the Inspection

Inspection Components

• Visual/Odor Observation/Walk-Through

• Personnel Interviews

• Records Review

Day of the Inspection

Walk-Through/Plant Tour

•Show Auditor requested area (no more)•Safety training and personal protective equipment•No Safety Shortcuts•Straight line to requested areas

Day of the Inspection

Inspector Interviews Examples of employees to interview:

• Boiler operator

• Visible emissions observer

• Refrigerant Technician

• Monthly SPCC Inspector

• Maintenance Personnel

• Leak Detection Inspector

• Operator (Painter, Assembler, etc.)

Day of the Inspection

Inspector Interviews

• If Inspector asks to interview specific person…

• If Inspector request is more general:

• Avoid the “loose cannon”

• Avoid employee with axe to grind

• “Cherry Picking” is ok

Day of the Inspection

Records Review

•Put Auditor in conference room (remote from records)•Provide records requested; no more, no less•Copy and provide requested

records

Day of the Inspection

Exit Meeting

• Always a good practice!• Obtain and document as much as practical•Don’t argue “big ticket items” but correct factual mistakes• Ask for written report• Inform inspector if corrected on-site (day of inspection)

After the Inspection

If Issues/Findings Identified….

•Consider Pro-Active Response to Audit (Before letter/Notice Of Violation Received)•Respond to Formal Requests for Information, Letters, or NOVs•Take Corrective Actions to Prevent Recurrence

Summary and Recommendations

1. Have a policy in place before the inspection.

2. On the day of inspection:

a. Provide records requested – no extras

b. Answer questions asked – nothing else

c. Show inspector areas requested- no more

d. Being an a**h*** never helps- and can make the situation much worse

3. Respond Promptly to Inspection reports