Stormwater "Red Flags"
Many years ago, I interned for the local County Health Department and assisted them with water quality monitoring. The department monitored the water quality from twelve points along the rivers and streams in the county. Rain or shine, I headed out every Wednesday morning to collect samples. At each location, I pulled on the hip waders and walked a few meters from the shore to measure oxygen levels and collect a sample for the lab. Every week I plated petri dishes and counted E. coli colonies. Some days the water quality of the river was excellent and other days the bacteria levels (E. coli) in the river were dangerously high. What spiked the levels of bacteria levels in a body of water that moved over 30,000 cubic feet per minute? Rainfall, or more accurately: the pollution that the rainfall carried.
I later found out that some of the sampling locations were near animal farms, hence the E. coli. Water is often called the ‘universal solvent’ because more substances dissolve in water than in any other liquid. The Clean Water Act defines the term “pollutant” broadly.
“[A pollutant] includes any type of industrial, municipal, and agricultural waste discharged into water. Some examples are dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.”
The Environmental Protection Agency and state governments work hard to protect waters through the implementation of the National Pollutant Discharge Elimination System (NPDES) permit program. Many industries obtain NPDES general stormwater permit coverage if they discharge into water of the United States. Sampling from a site’s discharge point(s) is an important part of the general NPDES permit. The data is compared with benchmark thresholds as an indicator of the effectiveness of the permit and stormwater control measures. Unlike an air permit, a stormwater sample result that exceeds one of the benchmark thresholds is often considered a “red flag” as opposed to a violation.
No one wants to have a “red flag” when they submit their stormwater results, but it may point to a problem with an exposed pollutant source at your site or a stormwater control measure that is not working correctly. Stormwater regulations protect our waters and, ultimately, protect our drinking water and health. As cliché as this sounds, our actions upstream impact our water downstream. Whether it’s general housekeeping at your facility or making sure a driver safely transfers material from your site, every action matters. Monitoring the exterior of your facility weekly is a great activity to ensure your site is not unintentionally polluting. Atypical events such as a leak or spill that was not cleaned up can be caught in time before the rainfall.
Remember that rivers, despite their size and capacity, can be significantly impacted by our actions. Let’s minimize the pollution the rain carries to keep the rivers healthy.
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Indiana Facilities: Additional Filing Step for Tier II Required
Submission of Tier II form is required under Section 312 of the Emergency Planning and Community
Right-to-Know Act of 1986 (EPCRA) is due annually by March 1st. The purpose of the form is to provide State, local officials, and the public with specific information on potential hazards including the locations and amount, of hazardous chemicals present at facilities during the previous calendar year.
For Indiana facilities that report at least one extremely hazardous substance (EHS), an additional step in the filing process will be implemented for reporting year 2022. The EHS list identifies chemicals that could cause serious irreversible health effects from accidental release. To assist the Local Emergency Planning Committees (LEPCs) in development of their hazardous materials response plans, facilities will be asked[CL1] to complete six required inquiries on the Tier II.
Type(s) of common transportation routes for EHS chemicals to and from facility.
Process for Shelter in Place and/or Evacuation of Onsite and Off-Site populations
Process for Alerting/Warning the Public and Special Facilities
How many individuals trained in emergency response and what are their respective training levels/capabilities?
List the equipment or resources available for hazardous materials response at the facility
Provide the name, title and contact information for the individual(s) who has the authority to commit the facility’s resources in time of emergency.
Facilities reporting a pure or a mixture EHS (i.e., lead acid batteries) will be asked to provide response to each question per the Indiana Department of Homeland Security.
If your Indiana facility is contracted with Cornerstone to file Tier II reports, you would have received an email in mid-May with the questionnaire in preparation for these new requirements to be applied to Reporting Year 2022.
If you’re ready to make Cornerstone your Tier II partner, contact us at info@corner-enviro.com
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Environmental History: DOCUMERICA
From what I’ve been told, I’m right on the cusp of being either a Gen Xer or a Millennial -- a Xennial as it were (that weird micro generation born between 1977 and 1985). I tell you this because it’s important to note that cell phones weren’t in existence during my youth and disposable cameras didn’t become widely affordable until my teens. My dad took his ‘good’ Nikon everywhere and fancied himself an amateur photographer. He was good at it too (still is), especially outdoor photography. He’d have the film developed on slides which filled countless carousels. Then, he would pull out a wall-sized, retractable screen to entertain viewers with family slideshows.
Gas shortage 6/1973
As you might guess, imagery and the art of photography became ingrained on me. I have always adored old photographs. Black and white, sepia, vintage, full color…I just love it. I think “Why? Why this shot?” “What compelled the photographer to shoot this?” “Did this scene or these people mean something to them?” “What was it?” And, photos of people are even more intriguing to me! Just the same, when I came across the DOCUMERICA Project, I was absorbed! (and, I think you will be too…
For the DOCUMERICA Project (1971-1977), the Environmental Protection Agency (EPA) hired (at $150/day + film and expenses) freelance photographers to “photographically document subjects of environmental concern”, EPA activities, and everyday life across the United States in the 1970s.
The collection reports over 22,000 photographs in the U.S. National Archives and they’ve digitized more than 15,000 photographs from the series Documerica (Local ID 412-DA) and included them in an online catalog.
I encourage you to visit the catalog linked above. It’s an addictive time capsule of imagery. The visuals are haunting, beautiful, and compelling.
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Proposed Changes to CWA Discharge Planning
In late March, the Environmental Protection Agency (EPA) proposed the “Clean Water Act Hazardous Substance Worst Case Discharge Planning Regulations.” The proposed rule will require all non-transportation related onshore facilities that store hazardous substances with potential to cause substantial environmental harm above Clean Water Act (CWA) threshold amounts to prepare and submit a Facility Response Plan (FRP) to the EPA. The response plans will address potential worst-case discharges into or on navigable waters or conveyances to navigable water under adverse weather conditions.
The rule will apply to facilities meeting the following criteria:
Capacity to store certain substances: facilities with a maximum capacity above 10,000 times the Reportable Quantity (RQ) of CWA hazardous chemical such as sulfuric acid, ammonia, benzene, sodium hydroxide, hydrochloric acid, etc.
Location: facilities within a half mile of navigable waters or conveyances to navigable waters.
Potential harm (based on past chemical releases or modeled worst case discharges): facilities which meet the first two criteria will have to evaluate whether a discharge could cause harm to public water system receptors or to fish, wildlife, and sensitive environments. A facility will also be required to submit an FRP if they have met the capacity and location criteria and have had a reportable discharge of a CWA hazardous substance within the last five years.
Even if a facility did not meet all three criteria, an EPA Regional Administrator could still require the facility to complete an FRP based on site-specific factors.
The response plans will include identification of qualified individuals and key response resources, hazard evaluations, drills and exercises, release detection, response actions, and communication plans with Local Emergency Planning Committees (LEPC).
EPA enacted regulations for worst case discharges of oil under 40 CFR Part 112, subpart D in 1994. It has not proposed any regulations for CWA hazardous substances until this rule, which could affect a variety of industries and manufacturers. The proposed rule considers the impact of climate change on increased discharge risks as well as impacts to communities with environmental justice concerns.
Recently, the EPA extended the comment time for the proposed rule to July 26, 2022. When the final rule is issued, facilities will be required to determine if they are subject, and if so, prepare and submit an FRP within twelve months of the effective date of the rule. Newly constructed facilities will be required to submit a FRP before starting operations. In addition, updates to the FRP will be required every 5 years or within 60 days of a change that impacts the facility’s potential to cause substantial harm to the environment.
Catherine Nies is a Chemical Data Management Specialist. Her responsibility focus on the output end of our Foundation system verifying the information and deciding what reports to produce, including Tier II, permit summaries, EPCRA reports, and any other high priority needs of our clients. A second responsibility for Catherine is tracking EPA, OSHA, CDC, state and local regulatory updates.
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1-bromoprane: Its Regulatory Evolution from Unregulated to a Hazardous Air Pollutant
Remember 10 to 12 years ago when solvent salesmen were touting a great “alternative” to Trichloroethylene or TCE. The alternative was 1-bromopropane (1-BP). It had several appealing selling points since it worked almost as well, it was unregulated and, thanks to the removal of “once in, always in”, the solvent swap could get sources out of the Halogenated Solvent Cleaning NESHAP (40 CFR 63, Subpart T). As a result, a large number of industrial users flocked to it. Yeah, it was more expensive, but what was the downside? There wasn’t one at the time (at least they thought).
It didn’t take long to figure out that 1-BP wasn’t some inert, benign chemical. In fact, the Department of Health and Human Services classified it as “reasonably anticipated to be a human carcinogen”. The US EPA then followed their standard protocol of first throwing it on a petition to add it to the hazardous air pollutant (HAP) list on February 6, 2015.
Later that year, 1-BP was added to the 313 Chemical list as it was to be tracked and potentially reported for sites that qualified for TRI 313 reporting beginning with RY 2016 by sources that clipped the usage of 10,000 pounds per year for Otherwise Used chemicals.
Fast forward almost 7 years later and finally, on December 22, 2021, the EPA signed the final rule adding 1-BP to the HAP list. The ruling was published in the January 5th Federal Register, and went effective February 4, 2022.
So, if your operation uses 1-BP in a vapor degreaser, aerosol solvent, or other form of degreaser, it would behoove you to react as quickly as you can. Depending on your operations, you may find you only require a minor modification to your air permit, or it could result in a change to your permitting level. Either way, jump on it or seek out a professional consultant with knowledge in this area (yes, I can help), whatever makes the most sense for you.
So, what’s going to happen down the line for 1-BP? It could find its way into a NESHAP. That would be kind of ironic since it became famous for getting sources out of a NESHAP. Go figure!!
Further Information
Cornerstone’s air experts follow the state permitting regulations that affect our clients very carefully. Contact us at info@corner-enviro.com to discuss your facility’s situation and how it may affect any new project plans.
Greg Towler is a Senior Air Quality Project Manager whose role is to oversee and perform air permitting and compliance-related projects and work directly with clients to achieve full compliance. He also performs compliance work in wastewater, stormwater, hazardous waste generation, EPCRA reporting and general environmental compliance.
#CleanAirAct #EPA #Sustainability
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May in Indianapolis! Indy 500 Environmental Improvements
If you’ve never experienced May in Indianapolis, it’s an experience like no other. It’s much like celebrating your birthday month… only on steroids! Events celebrating the tradition of the Indy 500 actually start the end of April with the IU Little 500 and Purdue Grand Prix. There is an organized evening of collective porch parties, a fundraising gala at the Motor Speedway, a Festival parade, Carb Day etc. The month is filled with celebration for this time-honored racing tradition! (find a complete list of events here).
Having been a central Indiana resident for 86% of my life, the race and events leading up to it have simply been part of my ‘normal.’ It wasn’t until a few years ago when I watched the release of 1000s of balloons prior to the race that I considered the environmental impact of the Greatest Spectacle in Racing.
While I’m sure there are plenty of areas, we could look at to highlight the impact of Race Day alone, I’ve bulleted a few below that immediately came to mind:
Trash. Speedway officials estimated approximately 50,000 lbs. of trash was left behind after the race in 2013.
Balloons. The release of thousands of balloons was formerly a pre-race tradition. Balloon launches has been paused indefinitely as of April 2022due to impacts on the environment and wildlife.
Spectator traffic. A very conservative estimate from the IndyStar in 2018 reported that spectator traffic at the 500 on race day would produce nearly 20 million pounds of carbon dioxide. By comparison, the EPA reports that the average passenger vehicle emits roughly 10,000 lbs. of carbon dioxide…over the course of an entire YEAR. Calculations were based on using the most popular vehicle in the United States, the Ford F-150.
Fuel consumption. Indy cars use about 115 gallons of fuel on race day alone (roughly five miles to the gallon). Several years ago, IndyCar made the switch to 85% ethanol which does burn more cleanly. Unfortunately, while the air pollutants that affect human health are lower, the fuel still releases carbon dioxide and water vapor into the air which traps heat on Earth
Change is coming.
Last year (2021), the Indy 500 earned the silver level Responsible Sport Certification from the Oregon-based Council for Responsible Sport. The Indianapolis Motor Speedway stated in April 2021 that the 2021 race successfully implemented all mandatory standards of the council, as well as nearly 40 of the recommended social and environmental impact considerations. The Indianapolis Motor Speedway stated in August 2021 that the 2021 race successfully implemented all mandatory standards of the council, as well as nearly 40 of the recommended social and environmental impact considerations.
While I couldn’t readily find confirmation that the Race has earned this distinction again for the 106th running of the Greatest Spectacle in Racing, the Indianapolis Motor Speedway announced the next phase of sustainability initiatives including:
a new race tire made with sustainable natural rubber;
increased waste diversion efforts throughout the facility with expanded recycling and food recovery programs; and
the official IMS retail partner, will open a fully sustainable store inside an electric truck. All items sold in the truck will be reusable or designed from recycled plastic bottles.
So that’s progress.
We hope we can continue cataloging the changes made to the Race and celebrations to decrease the environmental Sasquatchian-sized (it’s a word, I’m sure) footprint. In the meantime, check out my sources and more information on race festivities and efforts below:
https://www.indianapolismotorspeedway.com/planyourvisit/season-schedule
https://cbs4indy.com/news/this-is-who-cleans-up-all-the-trash-left-behind-at-ims-after-indy-500/
https://www.indystar.com/story/news/2018/05/21/indy-500-has-trash-problem/607042002/
#Sustainability #GreenhouseGas #GHG #Indy500
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Make Sure Your EHS Recordkeeping is "Turnover-Proof"
It happens all the time... an inspector from EPA or OSHA goes to a facility and asks for copies of required documentation and compliance records.
What happens if you are new to your position and are asked to produce those documents?
You're certain that the previous EHS Manager kept them ‘somewhere’, but you don’t know where. You fumble around at an unfamiliar desk, rifle through a couple of file cabinets, and frantically click files in your company’s shared hard drive. While you are doing that, the regulator is getting annoyed, looking around, and thinking of other questions he or she is now going to ask you.
If the information had been readily available, you could have had them out the door already but, instead, you’re scrambling to locate anyone who might know where the information is stored.
As the economy continues to return to normal and a demand for higher wages increases in many sectors, employee turnover has become one of the biggest issues manufacturing companies must address. It isn’t only hourly employees leaving for greener pastures. EHS personnel are finding new opportunities as well.
So, what happens when they leave and take all their knowledge with them?
Develop a Team to Manage EHS Recordkeeping
EHS recordkeeping requirements don’t stop just because you lose the expertise you’ve come to depend on. If your facility is still operating, you must continue to keep records as required by federal, state, and local regulations. One of the issues that I run into as an onsite environmental auditor is facility personnel not knowing where the records are kept. When longtime EHS personnel leave, many times you don’t know what you don’t know. So, you don’t know what to ask. In other words, when that employee is gone, so are years of institutional knowledge about who submits Tier II reports, who collects used oil bills of lading, who completes stormwater sampling, etc.
One way to prevent this is to create an internal storage system controlled by one person but accessible by many. Have your EHS Manager train two or three people on how to access information in your system. Have those two or three people assess the system and make changes based on their suggestions. One person controlling a recordkeeping system will almost always lead to confusion when someone else tries to use it. Use plain language in file descriptions and group things by media (air, water, hazardous waste, SDSs, HazCom, etc.) and by year.
Have your IT team create a file structure to store those records that is accessible by authorized personnel and regularly backed up to prevent file loss. Make sure that everyone who receives documents (EHS, purchasing, maintenance, quality) knows where those documents are stored. You could even use an outside vendor like Cornerstone and our electronic file cabinet system to help you maintain your documentation. Whatever method you choose to manage this information, ensure it is secure, regularly backed up and that multiple people understand how to access the system.
Turnover is inevitable but you don’t have to be caught scrambling when it happens. Plan for the future by creating redundancy and putting in place a system that can be handed down to the next person.
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The Role of ESG and EHS in Mergers and Acquisitions
To say the past two years have been difficult for manufacturers – big and small – would be a huge understatement! In addition to the unprecedented challenges presented by COVID-19 during 2020 and 2021, businesses must now deal with supply chain issues, labor shortages and surging inflation.
How can an organization balance all of these challenges? Throughout the business world, management teams are working and reworking their strategy to deliver shareholder value. Talk in boardrooms includes the need for additional capabilities, access to new markets, improved marketing of products and services as well as scalability. For smaller companies, business owners may be burnt out and start evaluating their next move. With all the uncertainty, owners are exploring mergers or selling. Step in Mergers and Acquisitions (M&A) specialists which could be comprised of banks or private equity groups (PEGs).
The primary goal of a Merger and Acquisition (M&A) specialist is to help companies grow. The M&A market had impressive increases in the number of transactions in 2021 as compared to 2020. Activity outpaced expectations with record-setting volume and value. Most banks and PEGs expect another strong year of deal-making since they are sitting on record amounts investment capital and cash.
One of the most compelling reasons for companies to consider M&A is the need for or to share technology and digital assets as well as other resources; however, companies merge for a variety of reasons such as entering new markets or to improve business efficiency as well as gain or maintain market position. Even more as of late, many mergers and acquisitions are stemming from the importance of technology in production processes.
Whether your organization is considering acquiring or merging in the near term, or you are preparing your company for a future transaction, the selling as well as the buying side of M&A must be a strategic process that should include the assistance of subject-matter experts to provide guidance throughout the due diligence phase.
For both buyers and sellers, there is a roadmap that should be followed – a playbook of sorts. The roadmap helps establish clear roles and tasks for the team members involved. While there are multiple steps, the due diligence phase tends to be the most time-intensive and stressful. Due diligence consists of a thorough review of EVERY aspect of the entity, such as products, services, customer base, human resource records, financials and regulatory. For all intents and purposes, it is a process that provides information related to value, liabilities and risk.
One important aspect of due diligence are the topics of environmental, health and safety (EHS) and environmental, social and governance (ESG) which have traditionally been overlooked (or delayed to the 11th hour) by M&A “dealmakers”; however, most are now realizing its inevitable rise in prominence. After all, there is clear evidence that socially conscience investors use ESG criteria to screen investments. M&A groups are challenging their teams to ensure sellers and buyers are considering targets to advance an organization’s plan toward sustainability. Both ESG and EHS due diligence reveals information - track records of behaviors and insight into actions and the status of compliance or lack thereof. The resulting information is an aid to investors to identify material risk.
Looking at environmental and safety concerns, dealmakers are increasingly challenged to assess post-close risks associated with non-compliance, pending government inquiries, potential litigation, contamination/remediation and reputational concerns, which can extend to long term operational burdens. The process begins with evaluating risks and opportunities and, in many cases, ends with review of ESG disclosures. (ESG disclosures; how to measure and manage with no common standard is an important and challenging topic on its own!)
Whether you are contemplating M&A or strategizing on how to build value in your organization, it is prudent to ensure ESG and EHS is part of your strategy. Build a culture of competency, conduct due diligence by having a third-party, subject matter expert audit EHS compliance. After all, to make your way through ESG and set sustainability goals, an organization must start from a solid base of regulatory compliance. ESG is a framework to evaluate the overall health and resiliency of an organization – environmental, health and safety are defined by laws/regulations and are mandatory. Some components of the “E” and “S” involve judgement – making choices about conduct that reflect values. Both are essential for the longevity of business today.
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Expedite the Sale of Industrial Property with a Limited Site Investigation
Cornerstone has recently seen an increase in client requests to prepare a limited site investigation report for commercial or industrial properties they are preparing to sell. Although it is the responsibility of the prospective purchaser to conduct a Phase I Environmental Site Assessment (ESA) compliant with ASTM E1527-21, when the seller has a limited site investigation in-hand, the process can be accelerated.
Why should a property owner conduct a Limited Site Investigation before selling property?
Companies selling a property often find that making the report available to potential buyers helps to address any obvious concerns an ESA would characterize as a Recognized Environmental Condition (REC), such as an open disclosure of subsurface conditions. When the prospective purchaser is made aware in advance of any potential cleanup requirements, they can estimate the associated costs and evaluate their risk, making the purchasing decision more transparent and faster.
What if the property is clean?
If the report indicates there is no soil, groundwater, or vapor sampling exceeding a regulatory threshold, the seller has an advantage over other potentially contaminated sites the purchaser may be considering. It is still the responsibility of the purchaser to complete a Phase I ESA in order to get the protection of the Comprehensive Environmental Response, Compensation and Liability Act’s (CERCLA) innocent land owner defense under All Appropriate Inquiries (AAI).
What if the report indicates areas of concern?
When the results indicate there may be a need for further site investigation into the nature and extent of an environmental condition, the buyer and seller can negotiate how to proceed and contact a qualified environmental professional for further examination.
Seller companies should note though, if the investigators finds certain levels of contamination in the subsurface, the investigator, the current owner, or the buyer may be required to report the findings to a state or federal agency. If this occurs, the company can consult with their attorney for specific legal guidance or to protect their interests.
Contact Cornerstone
If your company has decided to sell your commercial real estate, you may want to consider conducting a limited site investigation to help expedite the sale process. Contact Kevin Mallin at kmallin@corner-enviro.com or (317) 489-3249 with any questions concerning this topic or other Environmental Remediation concerns.
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Are You Prepared for the Tier II Emergency and Hazardous Chemical Inventory Reporting Deadline?
Tier II Emergency and Hazardous Chemical Inventory Reports are due annually on March 1. Since these reports cover materials for the entire previous year, it’s important to continually track the chemicals/products entering and leaving your facility. Maintaining on-site inventory throughout the year will allow for a smooth Tier II reporting season. Don’t let the deadline sneak up on you!
The following is a quick overview of the EPCRA regulation and Tier II reporting:
What is EPCRA?
The Emergency Planning and Community Right-to-Know Act of 1986 was created to help communities plan for chemical emergencies. This regulation requires industry to report on the storage, use, and release of hazardous substances to federal, state, and local governments. EPCRA serves as the governing body for Tier II reporting.
What makes a chemical reportable under Tier II?
Reporting is applicable for any OSHA-hazardous chemical stored on site that exceeds the federal threshold quantity of 10,000 pounds, and any EHS stored in excess of 500 pounds or its threshold planning quantity (TPQ), whichever is less. Exceeding the threshold at any time during the reporting year triggers the reporting requirement. It is also important to note that individual states may have more stringent reporting requirements.
What is an EHS?
The Extremely Hazardous Substance (EHS) list identifies chemicals that could cause serious irreversible health effects as a result of a release. A full list of EHS chemicals can be found on epa.gov.
What storage information is needed to file the Tier II?
Reporting requirements include details of specific location(s) within a subject site where reportable chemicals are stored. In addition, the type of container utilized and exact maximum amount (typically measured in pounds) of hazardous chemicals present at the facility at any one time during the previous calendar year must be reported.
How do I know what reporting requirements exist for my state?
Although each state’s reporting system may vary, any subject facility must file a Tier II report annually with the State, County (LEPC), and local Fire Department. Additional information regarding filing criteria by state, along with associated fees, can be found at https://www.epa.gov/epcra/state-tier-ii-reporting-requirements-and-procedures.
Further Information
With a well-organized system in place, compliance with the Tier II reporting requirements is much easier to achieve. Cornerstone is an industry leader in chemical inventory management, electronic SDS imaging, and software management systems. Our proprietary software (FOUNDATION) combines both EPA and OSHA chemical tracking and reporting functions and provides a foundation for all compliance recordkeeping and reporting. Additionally, we have a team of experts who can assist with Tier II reporting and help keep your hazardous chemical data up to date throughout the year, so you will always be ready for the March 1 deadline.
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Cornerstone's Waste Services Support RCRA Compliance
Many organizations are subject to the requirements outlined in the Resource Conservation and Recovery Act (RCRA), yet they do not know if they are compliant. Cornerstone offers a variety of waste services to assist our clients in understanding their regulatory obligations, identifying areas of non-conformance, and developing a facility-specific plan to maintain compliance. Our goal is to ensure that compliance is not only met, but sustainable. Two of the services we offer can assist you with both, the Hazardous Waste Compliance Assessment and the Waste Compliance Program. There are a number of differences between these services. Our team of experts will work with your organization to guarantee your specific needs are met.
Hazardous Waste Compliance Assessment
Hazardous Waste Compliance Assessments are most beneficial to facilities with multiple hazardous waste streams. A Cornerstone waste team member will conduct a detailed review of your operations and practices to determine the status of compliance with applicable RCRA regulations. Specifically, labeling, storage, container management, disposal, recordkeeping, and reporting. These particular areas can lead to significant penalties if discovered during a regulatory inspection. Our Hazardous Waste Compliance Assessment is a proactive step to identify areas of gaps in compliance.
Waste Compliance Program
The Waste Compliance Program is a facility-specific program designed to provide clients with detailed information about their waste streams, applicable compliance requirements based on their generator status, and supporting documentation for maintaining compliance. This service is particularly useful for plants that are not sure how to manage their various waste streams. Even Small Quantity Generators (SQG) and Very Small Quantity Generators (VSQG) can benefit from this program since many sites do not receive the necessary guidance to fully comply with applicable regulations.
The Waste Compliance Program goes beyond the assessment and provides an actionable written plan with both required and recommended best practices to manage your waste streams. Based on the waste streams at your facility, Cornerstone will confirm that the necessary practices and procedures are in place to comply with regulatory requirements. The site-specific evaluation includes a thorough look at hazardous waste, non-hazardous waste, universal waste, used oil, and recyclable materials. The program provides information, tools, and resources to achieve and maintain compliance with generator requirements.
A Necessary First Step
With the current emphasis on Environmental, Social and Governance (ESG), many corporate executives understand the need to go beyond environmental regulatory compliance to satisfy stakeholder expectations. Their EHS Managers are being tasked with finding sustainability improvements including the evaluation of waste streams and identification of recyclable materials. Cornerstone’s Waste Compliance Program provides the necessary baseline information to move towards the Environmental Pillar of ESG. The identified processes, waste streams, and current disposal practices can then be used to identify targets for disposal alternatives, including waste to energy, reuse, recycling, and zero waste goals. Developing accurate baseline information for waste streams is the first step in determining realistic reduction goals and sustainable goal development. You cannot manage what is not measured.
Further Information
Contact us for more information on waste services that will benefit your organization.
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Emergency Generator Inspections and RICE MACT Compliance
This year was the first in my career in which EPA issued a Notice of Violation to a client due to non-compliance with a facility’s emergency generator maintenance and records.
The majority of my clients have an emergency generator on site. Many maintain them appropriately and keep the required records, but sometimes these requirements can slip through the cracks. Facilities should be aware of the requirements that apply to generators and ensure they are documenting compliance.
The potential consequences of non-compliance include inspection violations, fines, and required reporting in annual compliance certifications.
DOES YOUR FACILITY HAVE AN EMERGENCY GENERATOR?
The first step is to determine if your facility has generators on site. This may seem obvious, but I have seen several instances where a facility’s environmental team was either unaware they had a generator or did not know the specific requirements that applied to the units. I have also seen generators installed without the environmental team’s knowledge. If you are unsure, ask your maintenance department to verify.
ACTIONS TO BE TAKEN IF YOUR FACILITY HAS ONE OR MORE EMERGENCY GENERATORS
Determine what type of engine drives your emergency generator.
Find out when the unit was manufactured, what type of fuel it uses, and the unit’s horsepower rating. This information is often on the nameplate of the unit.Determine if your emergency generator must be permitted.
Depending on your state and its operational activities, your generator may or may not require an air permit. This is a state-by-state determination since each state has its own rules for handling emergency generator permitting. Some states may have a general permit for emergency generators at facilities that would otherwise not have an air permit. Others may have regulations that apply beyond the federal requirements.Determine what requirements apply to your generator(s).
Based on the above information, the generator will be subject to parts of 40 CFR 60, Subpart JJJJ, 40 CFR 60, Subpart IIII, and/or 40 CFR 63, Subpart ZZZZ. These regulations are referred to as the RICE MACT (Reciprocating Internal Combustion Engine Maximum Achievable Control Technology).
WHAT ARE THE “NEW” OR “EXISTING” GENERATOR CATEGORIES?
The manufacturer date will determine if your emergency generator is considered “new” or “existing” with respect to the requirements. For example, a generator with a compression ignition (diesel) engine is considered new if it was manufactured after April 1, 2006.
“New” Emergency Generators
For most new units, owners achieve compliance by purchasing an engine that is certified by the EPA and by installing, configuring, operating, and maintaining the engine per the manufacturer’s instructions. To comply with regulations, it is necessary to maintain records of the certification and maintenance conducted.
If a facility that is already classified as a major source installs a generator with greater than 500 horsepower, EPA requires the facility to submit an initial notification to their agency. This is the only type of emergency generator that requires the notification submittal.
“Existing” Emergency Generators
Compliance for “existing” generators can be achieved by adhering to the following requirements and specific maintenance items on schedule:
Maintenance Items (Applies to all emergency generators except >500 HP at major sources)
Change oil and filter and inspect all hoses and belts every 500 hours of operation or annually, whichever comes first
Alternately, the operator may use oil an analysis program instead of prescribed oil change frequency
Compression Ignition (diesel) – Inspect air cleaner every 1,000 hours or annually, whichever comes first
Spark Ignition (natural gas, gasoline, propane, etc.) – Inspect spark plugs every 1,000 hours or annually, whichever comes first
Compliance Requirements
Operate/maintain engine and control device per manufacturer’s instructions or owner-developed maintenance plan
Emergency engines must have a meter and record hours of operation
Retain all maintenance records
OPERATING HOURS
Each emergency generator (except >500 HP at major sources) must have a non-resettable hour meter installed. This is critical to accurately record the hours of operation. For each operating event, owners must record the hours and distinguish if the event was used for emergency response or in a non-emergency situation.
Each generator may be operated for up to a maximum of 100 hours per calendar year for maintenance checks, readiness testing, emergency demand response, and non-emergency usage.
A limit of 50 of those hours can be non-emergency situations.
If either threshold is exceeded, EPA will reclassify the generator as a “non-emergency” unit, causing it to be subject to a different set of regulations including possible performance testing.
MAINTAINING COMPLIANCE
The most difficult part of emergency generator compliance is determining into which category your unit falls. Once you have made that determination, maintaining compliance is rather straightforward. You can conduct the prescribed maintenance at the established frequencies and record the hours of operation distinguishing between types of use.
The key is to maintain sufficient records demonstrating compliance with each requirement. This will help ensure your facility is in compliance with the RICE MACT generator requirements and avoid violations and possible fines in the future.
FURTHER INFORMATION
Contact Cornerstone for help regarding emergency generator inspections and RICE MACT compliance.
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Dramatic History of PFAS Leads to Present-Day EPA Actions
I’ll admit it — I’m a true crime junkie.
It started with a podcast and has moved into documentaries. Never, not once, did I imagine that my professional life would seep into my guilty pleasure. I was happily binging on a new podcast when suddenly the topic went from unsolved historical mysteries to the Dupont Chemical Scandal, which is a 20-year legal battle between Dupont (the manufacturers of such products as Teflon) and a West Virginia farmer whose cows kept mysteriously dying. Bonus: There’s a newer movie about this case as well! Dark Waters contains a rather star-studded cast too including Mark Ruffalo, Anne Hathaway, and Tim Robbins.
A recently proposed EPA rule has once again brought Per- and Polyfluoroalkyl Substances (PFAS) or ‘forever chemicals’ into conversations and compliance questions. For more technical information on what PFAS are and the proposed rule, check out our blog post on the topic.
Dupont Chemical and PFAS: An Extremely Abbreviated History
In 1802 (not a typo…1800s, people!), Éleuthère Irénée du Pont, who emigrated from France after the French Revolution, founded a company to produce gunpowder called E. I. du Pont de Nemours and Company near Wilmington, Delaware. Being a horrid name for all the marketing reasons (kidding, I have no idea why), the company was later renamed Dupont. Fast forward to 1930 when Dupont and General Motors joined to form Kinetic Chemicals to produce Freon.
In January 1935, E.I. du Pont de Nemours and Company formally opened the Haskell Laboratory of Industrial Toxicology, which at the time was "one of the first in-house toxicology facilities." According to a 1935 news item in the Industrial and Engineering Chemistry journal,“the purpose of the du Pont facility was to thoroughly test all du Pont products as a public health measure to determine the effects of du Pont's finished products on the health of the ultimate consumer and that the products are safe before they are placed on the market.”
Now, I’m not going to throw stones or try to spoil the ending here but based on what happens next, I’m not so confident that this Haskell Lab crew was cut out for the job.
In 1937, a 27-year-old research chemist named Roy Plunkett was working with Freon refrigerants and accidentally (yes, accidentally) invented a new chemical. Polytetrafluorethylene (PTFE), a saturated fluorocarbon polymer, would become known as the "first compound in the family of Perfluorinated Compounds (PFCs).” PFCs are a group of hundreds of human-made compounds collectively known as Per- and Polyfluoroalkyl Substances or PFAS or forever chemicals.
After ten years of research, this saturated fluorocarbon polymer would be introduced under its commercial name, Teflon. Side note: Roy would later be inducted into the National Inventor’s Hall of Fame for his invention of Teflon.
DuPont chemical plant in Washington, West Virginia, started using PFAS in their manufacturing process in 1951. Shortly after which, a Dupont employee received an inquiry into the possible toxicity of ‘C8.’ Quick explanation in the most simple way I can: C8 is basically an eight carbon chain chemical structure that includes Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS), which are long-chain PFAS. C8 is super stable and hardy and literally takes forever to break down. OH!! and it’s really good at attaching to soils and migrating into aquifers. So, in 1956, a study at Stanford University found that PFAS binds to the proteins in human blood, and five years later an in-house DuPont toxicologist deemed C8 to be toxic and should be handled with extreme care. Around this same time, it is known that DuPont buried as many as 200 drums of C8 on the banks of the Ohio River near the plant. SPOILER ALERT: This was not a well-thought-out plan.
Alright so that’s the backstory blip as it pertains to DuPont, but please note I’ve left out A LOT about 3M (Minnesota Mining and Manufacturing Company), the Oakdale Dump, PFAS in firefighting foams, Wolverine, and just general poor handling of a potentially toxic substance since way back.
Fast forward to 1998 when Robert Bilott with Taft, Stettinius & Hollister LLP (a Cincinnati based attorney) took the case to represent Wilbur ‘Earl’ Tennant. Tennant was a farmer in Parkersburg, West Virginia, who blamed DuPont’s Washington Works facility for his cattle dying. Ok, so that sentence doesn’t even do it justice. Over 250 of Tennant’s cattle died of a ‘mysterious wasting disease.’ While the cause of death was never conclusively linked with the chemical contamination from DuPont, the company quietly settled with the Tennant family for an undisclosed amount. Sidenote: This farmer did dissections on his own cows in attempts to determine and document cause of death because area veterinarians didn’t want to get involved. He recorded and documented his findings on video including “blackened teeth, liver, heart, stomachs, kidneys and gall bladder; unusual discolorations — some dark, some green — and textures; cows with stringy tails, malformed hooves, giant lesions protruding from their hides and red, receded eyes; cows suffering constant diarrhea, slobbering white slime the consistency of toothpaste, staggering bowlegged like drunks.”
The Tennant family purchased 68 acres along West Virginia Route 68 in 1968 but in 1984 they sold a portion of their adjoining land to Dupont. This land was to become the Dry Run Landfill. The Tennant family claims that there was noticeable difference in the land within a year of the property sale. Cattle began to die, deer carcasses were found, and “there were no minnows in the streams.”
In 1999, Bilott filed a federal suit in the Southern District of West Virginia on behalf of Wilbur Tennant against DuPont. A report commissioned by the EPA and DuPont and authored by six veterinarians (three chosen by the EPA and the others by DuPont) found that Tennant's cattle had died because of Tennant's "poor husbandry," which included "poor nutrition, inadequate veterinary care and lack of fly control."
While performing research during the suit, Bilott found an article identifying a surfactant called perfluorooctanoic acid (PFOA aka C8) in Dry Run Creek. So, in 2000 he requested more information through a court order to DuPont. DuPont was ordered to submit 110,000 pages of documents dating back to the 1950s. A year later (2001), DuPont settled out of court with Tennant for an undisclosed sum. Shortly after which, Bilott made a substantial submission to the EPA and US Attorney General demanding that "immediate action be taken to regulate PFOA and provide clean water to those living near."
While Tennant settled, Bilott filed a class action suit against DuPont in August 2001. According to a 2004 report by ChemRisk, an industry risk assessor hired by DuPont, “Dupont's Parkersburg, West Virginia-based Washington Works plant had dumped, poured and released over 1.7 million pounds of C8 or perfluorooctanoic acid (PFOA) into the environment between 1951 and 2003.”
In 2017, DuPont agreed to pay $671 million to settle with approximately 3,550 personal injury claims involving the leak of PFOAs used to make Teflon in Parkersburg, West Virginia. DuPoint denied any wrongdoing.
Obviously, this is a seriously brief snapshot and by no means an exhaustive history of DuPont’s use and handling of PFAS or use in other applications. Find more information and actions to address public health at https://www.epa.gov/pfas.
From the Center for Disease Control’s website:
“In the Fourth National Report on Human Exposure to Environmental Chemicals (Fourth Report), CDC scientists measured PFOA in the serum (a clear part of blood) of 2094 participants aged 12 years and older who took part in the National Health and Nutrition Examination Survey (NHANES) during 2003–2004. Serum PFOA levels generally reflect exposure that has occurred over several years. By measuring PFOA in serum, scientists can estimate the amount of PFOA that has entered people’s bodies.
CDC scientists found PFOA in the serum of nearly all the people tested, indicating that PFOA exposure is widespread in the U.S. population.”
In summary, some guy accidentally invented a chemical that has been around since the late 1930s and is now being phased out because it has been shown to cause increased cholesterol levels, low infant birth weights, effects on the immune system, cancer (for PFOA), and thyroid hormone disruption (for PFOS)...oh and it will definitely mess up your livestock if they drink from a contaminated water source!
Time to go buy a cast iron skillet!
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Update SDS Regularly for Better Work Safety
Safety Data Sheets inform employees about the hazards of the chemicals in their workplace, how to obtain information on chemicals, and what to do if a spill or accident occurs with those chemicals in order to provide a safe, secure workplace. The information contained on each SDS also enables organizations to better understand the chemicals they use and how those substances impact the environment. Constant communication of SDS updates to staff is a vital way to promote a positive safety culture in any company. It creates a safer, more informed environment for employees. Changes to SDS can impact the handling or transport of material, as well as disposal methods, and the potential health hazards to employees.
What OSHA regulations require SDS?
The OSHA Hazard Communication Standard (OSHA, 29 CFR 1910.1200(g) and Appendix D) requires manufacturers and importers of a new hazardous chemical to obtain or develop safety data sheets. From there, the manufacturers, suppliers, and distributors are responsible for passing that information along as the product moves through the supply chain. Those entities also are required to update existing SDS as new information becomes available regarding identification, handling, and spill response of hazardous chemicals. This applies to every hazardous chemical they produce or import. The HCS requires that SDSs be updated by the chemical manufacturer or importer within three months of learning of "new or significant information" regarding the chemical's hazard potential. The downstream or end users are responsible for the use and maintenance of SDSs, including accessibility to the most recent version of SDSs for all employees. Users can request updated SDS information from the original supplier or manufacturer. All along the supply chain, employers must provide training to employees regarding how to access an SDS and communicate changes to employees in a timely manner.
What other mandates require SDS?
The U.S. EPA also has regulations that address SDSs. These documents were a requirement under the Clean Water Act of 1970 and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980. Subsequently, these were reaffirmed under the Superfund Amendments and Reauthorization Act (SARA) section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), which is also known as Title III. Many state and local environmental and safety agencies have a number of regulations that may redundantly require SDSs. Most corporate safety and environmental protection programs also rely on SDSs to educate and inform workers about dangers in the workplace.
What are the dangers of an outdated SDS?
If a manufacturer chooses not to maintain up-to-date SDS documents on file, they are denying their staff valuable information about specific chemicals substances and how to safely handle them. This puts employees at risk and could lead to workplace incidents and injuries or environmental damage. In addition, OSHA or EPA inspectors have the authority to issue violations and assess fines for non-compliance with SDS-related regulations.
Further Information
With Cornerstone’s Foundation SDS Management and Chemical Inventory System, our Chemical Management team do the work for our clients to ensure that their SDS are regularly updated. For a free demo, contact us.
Yabelin Batista has been with Cornerstone since 2019. She is a member of the Chemical Management department at Cornerstone, Environmental, Health and Safety. One of her main responsibilities consists of sourcing and updating current Safety Data Sheets (SDS) for a wide array of products in our Foundation SDS Management and Chemical Inventory System. Her efforts help ensure our customers have the latest documents available.
Recent Posts
EPA Identifies More Substitutes for Ozone-Depleters
In May, EPA published a final rule expanding the list of substitutes for ozone-depleting refrigerants, such as chlorofluorocarbons (CFCs), and flame retardants. This rule becomes effective June 7, 2021 and specifically:
Lists R–448A, R–449A and R– 449B as acceptable, subject to narrowed use limits, for use in retail food refrigeration—medium-temperature stand-alone units for new equipment
Lists R–452B, R–454A, R–454B, R–454C and R–457A as acceptable, subject to use conditions, for use in residential and light commercial air conditioning (AC) and heat pumps for new equipment
Lists R–32 as acceptable, subject to use conditions, for use in residential and light commercial AC and heat pumps—equipment other than self-contained room air conditioners, for new equipment
Removes Powdered Aerosol E from the list of fire suppression substitutes subject to use conditions in total flooding applications.
What is EPA’s SNAP Program?
EPA is finalizing these new listings after its evaluation of human health and environmental information for these substitutes under the Significant New Alternatives Policy (SNAP) program. Section 612 of the Clean Air Act (CAA), established EPA’s SNAP program which requires the agency to reviews substitutes within a comparative risk framework in the following industrial sectors:
Adhesives, Coatings, and Inks
Aerosols
Cleaning Solvents
Fire Suppression and Explosion Protection
Foam Blowing Agents
Refrigeration and Air Conditioning
Sterilants
Tobacco Expansion
The SNAP program evolves the list as EPA makes decisions that are informed by its overall understanding of the environmental and human health impacts as well as its current knowledge about available substitutes. Section 612 also provides that EPA must prohibit the use of a substitute where EPA has determined that there are other available substitutes that pose less overall risk to human health and the environment. Read the full rule in the Federal Register
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Fast Facts About Tier II
By Rachel Powell Tier II Emergency and Hazardous Chemical Inventory Reports, commonly referred to as “Tier II”, is due annually on March 1st. The following is a quick overview of reporting requirements.
What is EPCRA?
The Emergency Planning and Community Right-to-Know Act of 1986 was created to help communities plan for chemical emergencies. It also requires industry to report on the storage, use and releases of hazardous substances to federal, state and local governments. EPCRA has four major provisions and serves as the governing body for Tier II reporting.
What makes a chemical reportable under Tier II?
Any OSHA-hazardous chemical stored over the federal threshold quantity of 10,000 pounds or more and any extremely hazardous substance (EHS) stored in quantities of 500 pounds or its threshold planning quantity (TPQ), whichever is less. Individual states may have more stringent reporting requirements. Exceeding the threshold at any time during the reporting year triggers the reporting requirement.
What are EHS chemicals?
EPA has designated EHS chemicals as those which could cause serious irreversible health effects from accidental releases. A full list of EHS chemicals can be found on epa.gov.
What storage information is needed to file the Tier II?
Reporting requirements include a section that lists specific location(s) within a facility where reportable chemicals are stored. In addition, the type of container being utilized and exact maximum amount (usually measured in pounds) of hazardous chemicals present at a facility at any one time during the previous calendar year must be reported.
How do I know what reporting requirements exist for my state?
Although each state’s reporting system can vary, Tier II reports must be filed annually with the State, County (LEPC) and local Fire Department. Additional information regarding filing criteria by state, including what fees are associated, can be found at https://www.epa.gov/epcra/state-tier-ii-reporting-requirements-and-procedures.
How can I prepare for this next year?
Don’t let the March 1 annual Tier II reporting deadline sneak up. Since the spring deadline covers materials for the previous calendar year, it’s important to track all chemicals/products that enter and leave your facility on an ongoing basis. Maintaining on-site inventory throughout the year will allow for a smooth Tier II reporting season.For the past seven years Rachel Powell has served as a Chemical Data Management Specialist at Cornerstone. She assists clients in setting up and maintaining their Safety Data Sheet Foundation System. On a monthly basis she serves as a facilitator who trains new users. She serves as a Tier II Emergency and Chemical Report filer for our clients on an annual basis.
Recent Posts
Permit Ownership Change is an Important Part of M&A Process
By Cassie Lee It may have been the economic uncertainty of 2020, the emotional rollercoaster of quarantine or too much time to think and reflect on business but I had many clients reach out in the first quarter of 2021 asking for support in changing the ownership on their environmental permits. Just like when you transfer the deed to a house or a title to a car, if a commercial property changes ownership or name, all applicable permits held on the property or facility must be transferred to the new entity. Federal and state environmental regulations and statutes may also apply to the property transfer or merger process. While many permits may be held for a property, the most common Cornerstone assists with transferring include:
Air Permits
Stormwater (NPDES) Permits
Process water Discharge Permits
Wastewater Discharge Permits
Hazardous Waste Identification Numbers
Timeline and Applicability
Many times, the owner entity or individual contact person can be changed during the next reporting period for certain compliance obligations. Unfortunately, since state and local forms and applications vary, there are no hard and fast universal instructions. While a Phase I Environmental Site Assessment and any necessary environmental due diligence assessments occur prior to an ownership transfer, permit transfers are completed after closing. Experienced real estate and environmental attorneys recommend completing these transfers promptly after closing, usually within 60 days.
More Information
Feel free to contact me at clee@corner-enviro.com or (317) 501-7060 to discuss your merger and acquisition environmental, health and safety documentation needs. Cassie Lee is has spent more than 10 years serving Environmental Health and Safety Managers, Human Resource professionals, company owners and presidents navigate environmental compliance and worker safety. Prior to account management, she was in the field executing and reporting for property transactions and building health in the realm of environmental due diligence and industrial hygiene.