SESHA Mini-Conference: Fire and Hazardous Materials...

Dan FirthElectronic Reporting (CERS) Coordinator CalEPA Unified Program/State Water Board

October 14, 2015

SESHA Mini-Conference: Fire and Hazardous Materials Permitting for High Tech Facilities

CERS: What is it for?

Electronic reporting is required as of 1/1/2013

Business report all Unified Program data

UPAs report Inspection and Enforcement data

CERS: Why Electronic Reporting?

Improve consistency in business reporting

Improve state oversight of UPA programs

Emergency response and planning

Improve state reporting to EPA

Integrate with other data sources

CERS: Current topics

Chemical Library and Fire Hazard Categories

Local Reporting Requirements

CERS 3

Data Warehouse

Guidance Letters, FAQs, Help

Guidance Letters-posted to CalEPA web site

FAQs for Business and Regulator on CERS Central

Help guides on CERS Central

Training Portal (Requires a CERS Security Account)

Your CUPA or PA

[email protected]

mailto:[email protected]

Getting Access/Signing In

Click here to play Getting Access Demo

Signing into CERS

Full reporting for a first-time entry

Updating existing records Adding people/facilities

Tools: Violation & Chemical Libraries

User A person who will enter data, view or report in CERS for one

or more regulated facilities Regulated Facility

A Facility regulated under the Unified Program (CUPA Program) A facility is always within a business organization

Business Organization (CERS Term) A non legal entity intended to allow a business, city or

county to more easily manage user access to their regulated facilities

Definitions

Lead Users - Can add, remove, and otherwise manage the CERS Business users and facilities

Approvers - May view, edit, and submit facility reports to regulators

Editors - May add/edit facility reports, but cannot submit reports to regulators

Viewers - May only view facility reports (read only) Emergency Responder May only view Responder

screens

Permission Levels

Talk to your CUPA

Look for your facility in CERS A City or County may have created a Business Organization

which includes your HHW facility A CUPA may have created a facility in CERS and seeded

facility data for you

Identify and assign Users (2 or more Lead Users always)

Tips for Starting

Facility Submittals

Submittal Process

If you check YES to the Hazardous Materials Inventory Question these submittal elements are visible. If you check NO they are not displayed

Submittal Status/Guidance

CERS provides information about the status of your submittal(s) and provides guidance messages.

Starting a Submittal

Minimally Required Fields

Chemical Library / Hazardous MaterialsObsolete Fire Hazard Categories now hidden in

Chemical LibraryReporting Use the CERS Library or create your own Mixtures Use upper end of concentration range Dont report non hazardous components

Dont report non hazardous materials Dont Report below required quantity thresholds

Manual Entry or Upload

Uploading a Site Map

Uploading Emergency Contingency Plan

Ready to Submit?

Confirmation

Q and A to follow

2015 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.AT&T Proprietary (Internal Use Only). Not for use or disclosure outside the AT&T companies except under written agreement.

SESHA Nor-Cal Mini-ConferenceFire & HazMat Permitting For High-Tech Facilities

Jay P. Maille Sr. Manager Environmental Affairs California Legislative & Regulatory October 14, 2015

The career I was supposed to have

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Me Jacques Cousteau

Calypso

The career I actually had

ADVENTURES IN CUPA-LAND!

30 years in California EH&S CA Local HazMat regulator in 80s & 90s

I am not a scientist! - but I learned enough to talk to city officials, corporate VPs, lawyers, & elected officials about why they must spend $$ to achieve EHS compliance.

HMSO 1984 beginning of serious local HM regulation SB 1082 (1993 Calderon) CUPA Program was an industry idea!

Semiconductor Industry (Lam Research) 10 years EHS footprint is deep but narrow exotic processes & the weird elements on the

Periodic Table! How much silicon is in Silicon Valley? Large production level IC manufacture is not in CA anymore

Telcom (AT&T) 10 years EHS footprint is shallow but very wide Batteries, USTs & ASTs back up the commercial power grid Thousands of facilities in every CUPA and every P.A. in CA Radical transformation underway in a 140 year old industry 3-box convergence.voice, data, video wherever you are

2015 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

AT&T Proprietary (Internal Use Only). Not for use or disclosure outside the AT&T companies except under written agreement. 29

CERS Industry User Data 2014

2013 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.1

7

80

566

4456

105,900

>1000 facilities = 13,800

100-999 facilities = 20,800

10-99 facilities = 14,100


1 facility

AT&T = 4004 facilities in every jurisdiction(W = 1161 + M = 2843)

167,700 CERS Facilities

CERS Industry User Data 2014

2013 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

1

>1000 facilities = 13,800

100-999 facilities = 20,800



1 facility

AT&T = 4004 facilities in every jurisdiction

(W = 1161 + M = 2843)

7

566

4456

80

105,900

How a giant company sometimes sees 82 CUPAs

and a bunch of PAs, FDs, etc

How 82 CUPAs sometimes see a giant company


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What Works & What Doesnt in CUPALAND

Californians are safer and its environment cleaner after 30 years of pioneering hazmat regulations

UST regs, site-maps tied to inventories, and electronic data reporting (CERS) are the 3 best things weve done!

CUPA works well for small companies in a single jurisdiction

Great regulators are open to changing their process in the interest of efficiency and the success of their businesses.

Cal-EPA CUPA Leadership and CUPA Forum Board are great listeners, learners and innovators

These gains were not free. CAshazmat regulatory structure is highly complicated and full of political compromises

Science & logic is not always the primary drivers of hazmat regulatory structureor its outcomes

CUPA was never designed for large multi-jurisdiction companiesand it shows. Highly variable rules across jurisdictions for the same activities!

Too many jurisdictions vary from each other just because they can. Think before being different from state law, back it up with due process, and tell CERS about it!

CUPA is not the only game in townCFC!

CUPA was very successful in consolidating authority and reducing the number of inspections a single business location was subject to. I dont know anyone who thinks this was a mistake.

We should not go back to a time without these tools and resources!

But serious challenges remain if CUPA is to fulfill its intended purpose

CUPA has been much less successful in achieving co-ordination and consistency in the interpretation and application of state law re hazmats. Several reasons for this:

Variation was baked into the CUPA structure at the beginning: both counties and cities within counties became CUPAs both Fire Departments and County Health Agencies became CUPAs PAs further complicate jurisdictional authority CA Fire Code independently regulates the SAME hazmats Program is run by human beings

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What Works & What Doesnt contd


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What the CUPAs say about CUPAs

CUPA Program was created (in 1993) to: consolidate, coordinate, and make consistent the administrative requirements, permits, inspections and enforcement activities of six environmental and ER programs.

The CUPA Program has the responsibility of working with CalEPA on ensuring program consistency.

Goal 1: Consistent implementation of the Unified program statewide

Goal 4: Simplified, streamlined and updated statutes and regulations

Mission Statement: To protect public health and safetyto enhance environmental quality and to sustain economic vitality through effective and efficient implementation of the Unified Program.

This condition is not good for business, for the CUPA program itself, or for California in general.

First - recognize a problem exists. Second dont think of the CUPA program as being in some perfect state. After 20+ years of

realworld practical experience with the program, many people think some course-correction and fine-tuning is needed. Great programs and organizations learn and adapt.

The enabling statute that created CUPA states the following: The unified program shall consolidate the administration of the following

requirements and, to the maximum extent feasible within statutory constraints, shall ensure the coordination and consistency of any regulations adopted pursuant to those requirements.

Over time we have gotten away from this imperativeand we should look at it again.

The good news isthis is beginning.

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So what can be done about this?

2015 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.AT&T Proprietary (Internal Use Only). Not for use or disclosure outside the AT&T companies except under written agreement. 36

What Ive been Up To Lately Working to make the CUPA program live up to its

original goals & potential Partner w/ CCEEB, CUPA Forum Board & anyone who will listen with an open mind CBUG Tod Ferguson [email protected] is doing good work Offering CERS improvement ideas to CalEPA via Dan Firth

Support legislation, regs and guidance to make Unified Program better

My partners know Im not an enemy of the CUPA program and goals

AT&T CUPA Matrix - captures cross-CUPA variation on HM, HW, UST & AST

Unique document not available anywhere else Just determining what you expect of us is very expensive Drives our internal compliance I share it with Cal-EPA and CFB as a window into Unified Program


CCEEB Partners with CUPA Forum Board

2010 Principles for working together to make the CUPA Program work better

Benefit multiple stakeholders Achieve broad support No reduction in public safety or environmental protection Improve consistency, coordination, clarity, efficiency etc.

What have we actually accomplished since 2010? Title 27 - new CERS Data Dictionary enables CERS implementation AB 1674 basement UST/AST problem (2011) SB 483 HMBPs easy stuff (2013) SB 1261 HMBPs harder stuff (2014) SB 612 ominbus hazmat bill on Governors desk now (2015) CalEPA adopts UP-11-03 standard lead-acid battery reporting template (2011) Several other CalEPA Guidance Letters on Developed trust and understanding of each others problems

2015 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.AT&T Proprietary (Internal Use Only). Not for use or disclosure outside the AT&T companies except under written agreement. 38

Lessons from 30 years not spent on the Calypso

orGulliver meets Godzilla The best corporate and regulatory EHS folks Ive

worked with recognize we both have a job to do know that EHS $$ are precious, limited, and fought for (in government &

in business) know that rogue inspectors & rogue companies are very rare - and they

pay for being so dont regulate just because they can.they do it when its needed and

makes sense! do what they say theyll do or lose credibility think beyond the scope of their own problems to understand the others

guys problems foster learning organizations that adapt and change in the face of new

information know there are more things we could work on to make CA hazmat

regulation work better


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Final thought Two things are crying out for improvement in

California haz-mat regulation

1. The awesomely complicated, redundant, inconsistent, un-coordinated and dysfunctional way that 82 CUPAs, 27 PAs and 1100 Fire Agencies interpret and enforce hazardous materials reporting and permitting. Little incentive and difficult to see this from within any single jurisdiction

2. Release Reporting any actual or threatened release of a hazardous substance IF it poses a threat to public health or the environment

No one knows what this means! OES is working on this now and needs good ideas! Contact OES at [email protected]


40

Thank you.

Jay P. MailleAT&T

[email protected]


CERS: Electronic Reporting Hazardous Materials Related InformationCERS: What is it for?CERS: Why Electronic Reporting?CERS: Current topics CERS: How do you use it?Guidance Letters, FAQs, Help Getting Access/Signing InSigning into CERSTools: Violation & Chemical LibrariesDefinitionsPermission LevelsTips for StartingFacility SubmittalsSubmittal ProcessSubmittal Status/GuidanceStarting a SubmittalMinimally Required FieldsChemical Library / Hazardous MaterialsManual Entry or UploadUploading a Site MapUploading Emergency Contingency PlanReady to Submit?ConfirmationSlide Number 24SESHA Nor-Cal Mini-ConferenceFire & HazMat Permitting For High-Tech FacilitiesThe career I was supposed to haveThe career I actually hadADVENTURES IN CUPA-LAND! 30 years in California EH&S167,700 CERS FacilitiesHow a giant company sometimes sees 82 CUPAsand a bunch of PAs, FDs, etcHow 82 CUPAs sometimes see a giant companyWhat Works & What Doesnt in CUPALANDWhat Works & What Doesnt contdWhat the CUPAs say about CUPAsSo what can be done about this?What Ive been Up To LatelyCCEEB Partners with CUPA Forum BoardLessons from 30 years not spent on the CalypsoorGulliver meets Godzilla Final thoughtThank you.

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