Top 5 Environmental Compliance Issues for Engineers and Managers

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Agenda

Environmental Compliance ‐Roles and Responsibilities

Consequences of Non‐Compliance

My Top 5 Common Compliance Issues

Common Violations Best Management Practices Resources

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RolesandResponsibilities Chief Engineer – “Supervise the operation, maintenance, and

repair of equipment, tools, and facilities. They generally overseethe maintenance staff and may work in both an office setting andon the property, addressing HVAC and other types of issues. Inaddition to maintenance duties, these professionals may alsowork with contractors to coordinate renovations, remodelingprojects and new construction.”

Building Manager – “Oversee employee and visitor safety,building maintenance, repair and upgrades, and comply withenvironmental, safety and health procedures relating to facilityoperations.”


RolesandResponsibilities Commercial Property Manager – “Support and assist in

the management of commercial real estate in accordance withthe Management Agreements…involved in all aspects of day‐to‐day operations of the property, including accounting, tenantrelations, maintenance and repair, security, janitorial services,landscaping, snow removal, etc. The Property Manager handlestenant complaints and service requests, and must be familiarwith the terms of tenant leases. The Property Manager assists inthe preparation of the annual budget, reporting and financialperformance of the property.”


RolesandResponsibilities Understand environmental regulations and impact on:• Operations• Personnel (management, operators, maintenance, janitorial)

• Tenants• Investors/shareholder returns• Property and business• Public image

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ConsequencesofNon‐Compliance


LeadingtoTrouble Do you know if…

• You are regulated?• You will be regulated?• You comply with your state and Federal rules?

• You are keeping up with the many regulations or recent changes?


LeadingtoTrouble Do you have the “I’ll take my chances…” mentality?• No permit or plan all this time – why bother now?

Do you want to comply but have internal constraints? • Insufficient resources – time, budget

Are you not involved in that large capital investment project at your site?

Do you understand regulations cited in your permit such as: Permittee shall ensure that the provisions of 20 DCMR 900 pertaining to engine idling are met at the facility?


Non‐compliance with environmental regulations can lead to fines and project delays, blemish public image, and increased regulatory scrutiny



Maximum fine, for example, under the Clean Air Act (CAA):

$37,500 / day / violation


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Top5ComplianceIssues1. Installing equipment or operating without

proper permits or plans2. Inadequate recordkeeping and retention3. Missing deadlines – permit renewal, reports,

plan updates, monitoring, etc.4. Improper classification of facility 5. Untrained facility personnel


Regulations CAA (Refrigerants) CAA (Other Stationary Sources) Clean Water Act (Spill Prevention and Storage Tanks)

Emergency Planning and Community Right‐to‐Know Act (EPCRA)

Resource Conservation and Recovery Act (RCRA)

CleanAirAct– Part1


TypicalAirEmissionsSources Ozone‐depleting substances (ODS) – primarily refrigerants

Boilers Emergency generators, fire pumps, water pumps

Cooling towers Paint booths Welding Asbestos


Prohibits intentional venting of ODS and (most) U.S. EPA‐approved substitutes during service, repair, and disposal of appliances

Air conditioning and refrigeration (AC&R) containing ODS: technicians must be certified by a U.S. EPA accredited program

BasicRequirements


Purchase ODS by certified technicians

Use U.S. EPA‐approved recovery/recycling equipment

Submit U.S. EPA certification form for recovery/recycling equipment

BasicRequirements


For appliances containing 50 pounds or more charge of ODS • Date and type of service• Quantity of ODS added

For appliances with an individual circuit containing greater than 50 pounds charge of ODS • Leak repair records• Leak rate calculations• Repair leaks 30 days after discovery, or within 30 days after when the leaks should have been discovered, unless granted additional time Bring leak rate below applicable allowable leak rate

BasicRequirements


Continual “topping off” is indicative of a leak and considered to be knowingly venting

Lack of ODS records• Technician certifications• Recovery/recycling equipment certification

• Annualized leak rate calculations • Disposals • Service records for units that contain 50 pounds or more of ODS

CommonViolations

CleanAirAct– Part2


TypicalAirEmissionsSources ODS – primarily refrigerants Boilers Emergency generators, fire pumps, water pumps

Cooling towers Paint booths Welding Asbestos


TypicalAirEmissionsSources


Considerations:• Location • Size, age, type of equipment• Intent of operation• Individual equipment and project emissions

• Ownership (facility‐wide emissions)

• Regulatory policies (state vs. Federal)

StationarySource‐ PermittingCriteria


Permitting requirements vary by state, facility, and project• Stationary internal combustion engines No size limit vs. 500 bhp vs. 1 MMBtu/hr

Permit fees also vary• No fees • $500 per unit • Permit application amount




State requirements for permitting temporary units• State may require permits for…

Temporary boilers (if trigger capacity threshold) regardless of duration on site

All temporary generators used to:• Backup peak shaving engines• Provide primary source of electricity

Temporary emergency generators only when at one location at a site for longer than 12 months

Customer’s definition is what?


Installation of unpermitted equipment requiring air quality permits

Exceedance• Excess visible emissions from smokestacks• Emissions limits • Fuel sulfur limits

Noxious odors Replacement of like‐for‐like equipment (that was already permitted) without obtaining a new permit first

CommonViolations


Incomplete recordkeeping• Not using a 12‐month rolling total where required

• Not recording reason for operation for each time emergency generator operated

• Improper fuel certification • Lack record retention

Not using a certified engine Missed reporting or notification deadlines

Incorrect person signs reports

CommonViolations

CWA‐ SpillPreventionandStorageTanks


Underground (UST) and/or aboveground storage tank (AST) registration

UST operator training Flammable fuel storage permit

Oil Operations Permit Operating permit for ASTs

StorageTanks


Spill Prevention, Control and Countermeasure (SPCC) Plan • Facility can “reasonably be expected to discharge harmful amounts of oil into navigable waters of the United States or adjoining shorelines”; and

• Facility meets at least one of the following storage capacity criteria (any oil storage container equal to or greater than 55 gallons):

• Aboveground oil storage capacity greater than1,320 gallons, or

• Regulated underground storage tank capacity greater than 42,000 gallons

PollutionPrevention


Definition of “oil” includes, but is not limited to: • Petroleum• Fuel oil• Sludge• Synthetic oil• Mineral oil• Oil refuse• Oil mixed with wastes

PollutionPrevention


What is an SPCC Plan?• Contains:

Facility and oil handling equipment descriptions

Pollution prevention procedures Spill response proceduresResponsibilitiesWho to callWhat to do

Certification by Management (and Professional Engineer, when required)

PollutionPrevention


Lack of complete, up‐to‐date SPCC Plan, or failure to properly implement

Incomplete recordkeeping – retain for three (3) years

Infrequent SPCC inspections Failure to register tank, either initially or when repurposed, if necessary

Missed deadlines Empty 55‐gallon storage drum that is not permanently closed

Failure to report a spill

CommonViolations


Not having Class A, B, and C‐trained UST operators designated for regulated UST

Inadequate secondary containment

Untrained oil handling personnel

No spill kit or cleanup of spill No visual tank inspection of AST in vault ‐ as no confined space training

CommonViolations

EmergencyPlanningandCommunityRight‐to‐

KnowAct


Purpose:• Provide information about potential chemical hazards• Establish a framework for state and local emergency planning and response

• Encourage and support emergency planning at the state and local level

Both Owner and Operator are responsible for compliance

Commercial management company should examine its property and determine EPCRA reporting responsibility

EPCRA


Section 302 – Emergency Response Planning• Any Extremely Hazardous Substance (EHS)• In an amount equal to or greater than its Threshold Planning Quantity (TPQ)

• At any one time

Section 304 – Emergency Release Notification• Release of a Reportable Quantity (RQ) of any EHS or other defined hazardous substances

ReportingRequirements


Sections 311/312 – Hazardous Chemical Inventory Reporting • “Hazardous chemical”: any element, chemical compound, or mixture of elements and chemical compounds that is a physical or health hazard

• If the chemical requires a Safety Data Sheet, then it’s a hazardous chemical

Threshold levels:• For Hazardous Chemicals ‐ greater than or equal to 10,000 pounds

• For EHS ‐ greater than or equal to 500 pounds or the TPQ, whichever is less

• At any one time



Section 311/312 Common hazardous chemicals• Fuels – diesel, gasoline, No. 2 heating oil, propane• Lubricating oil• Compressed gas cylinders• Sulfuric acid (EHS) in lead‐acid batteries • Chlorine (EHS)• Cooling tower chemicals• Refrigerants

Section 313• Toxic release inventory reporting for facilities that meet SIC code, employee number, and release quantity criteria



Incomplete recordkeeping • Retention time is three (3) years• Not providing required SDS updates

Not filing Tier II annual report (if subject but didn’t realize it) by March 1st

Failure to file accurately

Being unaware of a release

CommonViolations

ResourceConservationandRecoveryAct–

SubtitleC


Is it a listed waste? Is it a characteristic waste?

Has the U.S. EPA or your state agency designated it as HW?

Do you say it is HW?

HazardousWaste(HW)Categorization


HW:• Oil‐based paint and paint thinners• Certain concentrated cleaning products• Spoiled gasoline• Crushed fluorescent lamps

Universal Waste (UW):• Mercury thermostats• Intact fluorescent lamps

Recycled Waste:• Used oil

TypicalWastes


States may vary but your facility could be one of the following:• Conditionally Exempt Small Quantity Generators (CESQG): less than or equal to 100 kg (220 lbs.) generated per month

• Small Quantity Generators (SQG): greater than 100 kg or (220 lbs.) but less than 1,000 kg (2,200 lbs.) generated per month

• Large Quantity Generators (LQG): greater than or equal to 1,000 kg (2,200 lbs.) generated per month

Certain HW have lower thresholds to trigger the above categories (e.g., >1 kg of arsenic = LQG)

HWGeneratorClasses


Identify wastes Obtain U.S. EPA ID Number Label and date container Keep lids closed Provide secondary containment Conduct inspections and retain log Dispose of it correctly Train staff

WasteManagementRequirements


Incomplete records• Three‐year retention (except current personnel training records is until facility closure)

• Manifests – not returned, incomplete signatures, not having U.S. DOT‐trained person sign

Failure to:• Obtain an EPA ID Number • Identify waste • Label containers properly• Move HW from satellite accumulation points within required timeframe

• Properly dispose of wastes• Conduct and document inspections

CommonViolations

BestManagementPractices(BMPs)


BMPs Don’t just file away those permits and plans!

Maintain records in a centralized location, accessible by more than one person in the event of an inspection

Use templates carefully ‐ emissions tracking tool for one facility may not be applicable for another

Implement frequent quality assurance/quality control (QA/QC) review system to ensure compliance


BMPs Conduct multi‐media compliance audits Conduct awareness training on air permits and other proactive training• Routine air compliance audits and training at military installation significantly reduced, almost to zero, permit deviations reported to the state and U.S. EPA

Include copy of training with attendee list

Review every draft permit and it’s ok to question permit conditions and regulators!


Maintain an inventory of refrigerant‐containing equipment

Maintain documentation to prove no intentional venting for service, maintenance, repair of all non‐hermetically sealed units containing refrigerant –regardless of size

Develop electronic leak rate calculation spreadsheet to automatically calculate (rather than hand‐written record)

BMPs


When purchasing chemicals, ask if they are hazardous; purchase only what is needed

Notify Management when significant quantities of Hazardous Chemicals are brought on‐site

Pay close attention to shelf‐life dates – use oldest products first before shelf‐life expires

Prepare a detailed hazardous chemical inventory to summarize maximum amount present on site

BMPs


BMPs Utilize existing work order system or Outlook meeting requests to remind personnel of inspections, recordkeeping, etc.

Develop management systems Watch for automatic‐purging databases that hold your records

Third‐party contractors • Maintain separate copy of all operations and maintenance (O&M) records

• Have access to all contractor‐maintained databases

• QA work products

Resources


The Plain English Guide to the Clean Air Acthttp://www3.epa.gov/airquality/peg_caa/index.html

Sign up for daily regional air alerts:http://www.cleanairpartners.net/airalert.cfm

(Metropolitan Washington‐Baltimore region)

Resources

“Code Red” day


ODShttp://www.epa.gov/ozone‐layer‐protection/ozone‐depleting‐substances

Various U.S. EPA websites• E.g., http://www.epa.gov/oil‐spills‐prevention‐and‐preparedness‐regulations

• https://www.epa.gov/home/epa‐hotlines

A Facility Owner/Operator’s Guide to Oil Pollution Preventionhttp://www.epa.gov/sites/production/files/documents/spccbluebroch.pdf(June 2010)

Resources

Top 5 Environmental Compliance Issues for Engineers and Managers

Environment

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