These slides were presented at the November 1, 2016 EHS Breakfast seminar held in Portsmouth NH

1. Breakfast Seminar Series
Environmental, Health & Safety
Regulatory Updates
Introductions
November 1, 2016 Portsmouth, NH
Wayne E. Bates, PhD, PE, Principal Engineer

2. Firm Overview
■ Multi-disciplinary Consulting Firm Founded in 1911
■ Full Service Capabilities: 290 Person Staff
■ Employee Owned
■ 8 Offices in MA, CT, NH and NY

3. Geographic Coverage

4. Tighe & Bond Full Service Capabilities
Civil Engineering
•Dams & Levees
•Geotechnical
Engineering
•Infrastructure
•Land Use Planning
•Low Impact Design
•Parking & Circulation
•Site Planning &
Design
•Transportation
Environmental
Consulting
•Brownfields
•Demolition &
Asbestos/ Hazardous
Materials
•Environmental
Permitting & Planning
•Fuel Storage
•Health & Safety
•Regulatory
Compliance
•Site Assessment &
Remediation
•Wetlands and
Ecological Services
Building Services
•Geotechnical
Engineering
•Electrical &
Mechanical
Engineering
•LEED Green Design
•Owner’s Project
Manager
•Structural Engineering
Technology
•3D Modeling
•GIS
Sustainability
•Energy & Resource
Conservation
•LEED Green Design
•Low Impact Design
•Renewable Energy
Environmental
Engineering
•Drinking Water
•Solid Waste
•Stormwater
•Wastewater

5. About our Speakers?
■ Regulatory Experts
■ Actively engaged in professional societies
■ Track regulations
■ Good reputation among regulators
■ History of helping clients with regulatory
challenges
■ Ability to assist in determining applicability

6. Challenges
■ Take a minute to write down 5 challenges you
are facing or expect to face regarding
compliance in the coming year

7. Breakfast Seminar Series
EH&S Regulatory Updates
November 1st Portsmouth, NH
David P. Horowitz, PE, CSP, Project Manager
Tanks

8. Agenda – Regulatory Updates
■ Tanks
– Federal Perspective
– NHDES Nuts & Bolts
■ Hazardous Materials
■ Toxic Release Inventory (TRI)
■ Air Quality
■ Hazardous Building Materials (HBM)
■ Safety and Health

9. Regulatory Updates – Tanks (Above ground)
■ Bad Tank News
– Port Arthur, TX
» Explosion, fatality,
injuries
– Elk River - West Virginia
» Chemical leak, 300,000
w/o water
– Smith County, TX

10. Regulatory Updates – Tanks (Above ground)

11. Regulatory Updates – Tanks (Above ground)

12. Regulatory Updates – Tanks (underground)

13. Regulatory Updates – Tanks (underground)

14. Regulatory Updates – Tanks (underground)

15. FAQs – Tanks
■ What is Underground Storage Tank Operator
Training?
– UST Operator Training is a federal requirement that was part of
the Energy Act of 2005
■ What facilities does the Operator Training Act
apply to?
– Any underground storage facility
– Any tank having an individual capacity of greater than 110
gallons that stores a regulated substance

16. FAQs – Tanks
■ What are kind of Operator’s are there and what are
their primary responsibilities?
– Class A
– Class B
– Class C
■ Who needs to be Operator Trained at each facility?
– Every applicable UST facility owner is required to have a Class A,
B and C operator designated for each facility
■ By what date must facilities be in compliance with
the Operator Training Act?
– By August 8, 2012 no facility can operate without designated
Class A, B and C operators who have been properly trained and
certified.

17. FAQs – Tanks
■ By what date must facilities be in compliance with
the Operator Training Act?
– By August 8, 2012 no facility can operate without designated
Class A, B and C operators who have been properly trained and
certified.
■ Where can Operators get certified?
– DES UST Operator Training Class for Class A and B operators.
– International Code Council (ICC)

18. Typical Deficiencies – USTs Inspected (No
Retail)
Deficiency % Identified
Maintenance 91%
Financial Assurance 84%
Sump Monitoring 66%
Registration 61%
Overfill Prevention 38%
Cathodic Protection 18%
Double Wall Piping Issues 12%
Shear Valve 11%
‘Extra’ Vents 6%

19. Top Things Regulators Look For
1. Managing sumps
& spill buckets
(USTs)
2. A/B/C Operator
coverage (USTs)
3. Financial
Assurance (USTs)
4. Inspection
Frequency (ASTs)
– 5001 Gallon ASTs

20. Questions

21. Breakfast Seminar Series
EH&S Regulatory Updates
November 1 Portsmouth, NH
Timothy K. Kucab, CHMM, Project Compliance Specialist
Douglas Stellato, Project Compliance Specialist
Air Quality

22. Breakfast Seminar Series
■ Agenda
– RTAP Review
– Planning for 2017
– Emergency Generators
– Siting and Noise
– Top 5

23. RTAP
■ Regulated Toxic Air Pollutants
– Env-A 1400
– Above and beyond EPA Standards
– Modeling new processes
– Review Annually – Memo
to File
– Very Specific Permit
Conditions and Compliance
Provisions

24. Planning for 2017
■ Reporting Season
– Semi-Annual / Annual Compliance Reports (January)
– NESHAP/MACT Annual Updates (January, March)
– Annual Emissions Statements and Fee (April)
– Source Registration Reports (March, site specific)
– Greenhouse Gas Reporting (March/April)
» Changes to MassDEP Reporting

25. So You Operate a Generator…
New
Old
Emergency
Non-
Emergency
Area Source
Major Source
of HAP
Installation
Date
Generator Use
Facility HAP
Emissions

26. Types of Requirements
■ Emergency
– Monitoring
– Recordkeeping
– Operating Limitations
– Fuel Requirements
– Emissions Limitations
■ Non-Emergency
– Controls
– Performance Tests
– Reporting
– Notifications

27. Emergency Engines Nuts and Bolts
■ Emergency engines may operate for 100 hr/yr for any combination of the
following:
■ maintenance/testing;
■ emergency demand response
■ 50 hr/yr of the 100 hr/yr allocation can be used for:
– non-emergency situations if no financial arrangement

28. State Requirements
■ Individual Permits
■ General Permits
■ Permit-by-Rule
■ Certifications

29. NHDES General Permit
■ Internal combustion engines used to produce
electricity through a generator or to produce
mechanical power for fire pumps located at non-Title V
facilities that:
– Meet the permitting threshold applicability of Env-A 607
– Are certified to meet USEPA emission levels for newer
compression ignition engines or newer spark ignition engines if
applicable
– Operate strictly within the USEPA and NHDES definition of
an emergency engine

30. NHDES General Permit
■ An emergency engine is a stationary internal
combustion engine used for emergency purposes that
is limited to 500 hours of total operation during any
consecutive 12-month period.
■ Application – 15 day processing
■ Fee - $1,279.20

31. Emission Dispersion
■ “Good Engineering Practices”
– No Shanty Caps or Egg Beaters
– Vertical exhaust
■ Stack Height – Requirements May Vary
– 10 Feet Above Nearest Roofline
– If the stack is lower than 1.5 times the building height or lower
than the height of a structure that is within 5L of the stack (5L
being five times the lesser of the height or maximum projected
width of the structure) – MODELING REQUIRED
■ Other states have additional requirements

32. Siting Considerations

33. Siting Considerations
■ Impacts from Project
– Sound Levels
– Visual Impacts
Generator
Housing
Generator
Exhaust
Residence
less than
25 feet
away

34. Noise Considerations
■ Noise Policies
– Sound Levels
– Pure Tones
■ Zoning Specific Noise Provisions
■ Sound Level Monitoring
– Pre-Construction
– Post-Construction
– Ambient

35. Top Five Things Regulators Look For
■ #1 Recordkeeping
– Every Permit Condition
■ #2 Reporting
– Don’t Miss Deadlines
■ #3 Inspections
– Document Required Inspections
■ #4 Non-Delegated Regulations
– Local / State / Federal
■ #5 General Duty
– Facility Condition

36. Questions

37. Breakfast Seminar Series
EH&S Regulatory Updates
November 1 Portsmouth, NH
Doug Stellato, Project Compliance Specialist
Hazardous Materials

38. Regulatory Updates – Hazardous Materials
■ Tier II Reporting
– 10,000 pounds
– Extremely Hazardous Substances
– Tier II Manager (MA and Manchester)
■ Chemical Control Laws
– Alphabet Soup of Regulations
– Updated Frequently
■ TSCA
– June 2016 Update
– Evaluate existing chemicals
– Risk-based safety standard
– Improved public transparency

39. Planning for 2017– Hazardous Materials
■ Tier II – March 1, 2017
– Tier II Manager upload of facility
– Consultant Access
– Tier2 Submit
■ CA Prop 65
– Updated frequently
■ SVHCs
– Updated in June and December
■ Supply chain driven
– Products imported into Europe
– Conflict Minerals
■ Preparing or reviewing Safety Data Sheets
– Section 15 information

40. Planning for 2017– Hazardous Materials
■ TSCA
– New Inventory rule
» Proposed by December 2016
» New rule by mid-2017
» 10 years of reporting
– New chemicals approved prior to going to marketplace
– Mercury compounds export ban September 2016
– New review process will rely on chemical use

41. Top Five Things Regulators Look For
■ #1 Accurate Inventory
– Inaccurate amounts can lead to issues with other programs
■ #2 Site Diagram
– Shows location of each reportable chemical
■ #3 Up-to-date SDS
– Purchased and manufactured substances
■ #4 Testing Data
– For chemical concentrations
■ #5 Import & Export Records
– Is a broker being used?

42. Questions

43. Breakfast Seminar Series
EH&S Regulatory Updates
November 1, 2016 Portsmouth, NH
Jeffrey P. Bibeau, REM
Associate—Principal Compliance Specialist
Toxic Release Inventory

44. Reporting Applicability
■ Private-sector facilities
– Specified NAICS code
– 10 or more full time employees (20,000 hours per year or greater)
– Manufactures, or processes, or otherwise uses chemicals
exceeding thresholds
■ Federal facilities
– Owned or operated by Executive Branch agencies
– No restrictions based on SIC

45. Reporting Applicability (cont.)
■ Applicable NAICS Codes:
– 212 Mining
– 221 Utilities
– 31 - 33 Manufacturing
– All Other Miscellaneous Manufacturing (includes 1119, 1131,
2111, 4883, 5417, 8114)
– 424 Merchant Wholesalers, Non-durable Goods
– 425 Wholesale Electronic Markets and Agents Brokers
– 511, 512, 519 Publishing
– 562 Hazardous Waste
– Federal Facilities

46. Reporting Applicability (cont.)
■ For a toxic chemical, a facility meeting all other
criteria must file a Form R report for that chemical if
it is:
– Manufactured (including import) more than 25,000 pounds per
year, or
– Processed more than 25,000 pounds per year, or
– Otherwise used more than 10,000 pounds per year
– >10 full-time employees
■ De Minimis threshold:
– 1%
– 0.1% for OSHA Carcinogens

47. TRI Chemicals
■ Section 313 of EPCRA
– Cancer or other chronic human health effects
– Significant adverse acute human health effects
– Significant adverse environmental effects
■ Chemicals
– CAS #
– 595 individually listed chemicals
■ Categories
– Group #
– 31 chemical categories
■ PBT Chemicals
– Lower thresholds

48. PBT Thresholds
Category Name TRI Category #
Reporting Threshold
(in pounds unless noted
otherwise)
Dioxin and dioxin-like compounds
(manufacturing; and the processing or
otherwise use of dioxin and dioxin-like
compounds if the dioxin and dioxin-like
compounds are present as
contaminants in a chemical and if they
were created during the manufacturing
of that chemical)
N150 0.1 grams
Lead Compounds
Lead and Lead Compounds have
special reporting thresholds. Refer to
the Guidance Documents page for more
information.
N420 100
Mercury compounds N458 10
Polycyclic aromatic compounds (PACs) N590 100

49. PBT Thresholds (cont.)
Category Name CAS Number
Reporting Threshold
(in pounds)
Aldrin 309-00-2 100
Benzo(g,h,i)perylene 191-24-2 10
Chlordane 57-74-9 10
Heptachlor 76-44-8 10
Hexachlorobenzene 118-74-1 10
Isodrin 465-73-6 10
Lead 7439-92-1 100
Mercury 7439-97-6 10
Methoxychlor 72-43-5 100
Octachlorostyrene 29082-74-4 10
Pendimethalin 40487-42-1 100
Pentachlorobenzene 608-93-5 10
Polychlorinated
biphenyl (PCBs)
1336-36-3 10
Tetrabromobisphenol A 79-94-7 100
Toxaphene 8001-35-2 10
Trifluralin 1582-09-8 100

50. TRI Chemicals
■ Qualifiers - listed chemicals with parenthetic
qualifiers subject to TRI reporting only if
manufactured, processed, or otherwise used
in specified form
CHEMICAL
Aluminum
Aluminum oxide
Asbestos
Isopropyl alcohol
Phosphorus
Saccharin
Hydrochloric Acid
CAS #
7429-90-5
1344-28-1
1331-21-4
67-63-0
7723-14-0
81-07-2
7647-01-0
QUALIFIER
Fume or dust
Fibrous forms
Friable forms
Mfg. by strong acid
process
Yellow or white
Manufacture only
Acid aerosols

51. Identify toxic
chemicals
manufactured,
processed, or
otherwise used
at the site
Determine the
quantity of toxic
chemicals and
how they are
manufactured,
processed, or
otherwised
used
Identify total
releases and
off-site
transfers
Identify waste
management
practices
Identify pollution
prevention
activities
Complete
Form R
TRI Reporting Process

52. TRI Reporting
■ Form R
– One for each chemical or category
– Usage Code Range
■ Releases
– Report specific amounts released on-site, transferred or shipped
off-site to each media
» Air
» TSDF
» Recycled
» Wastewater
■ Treatment
– Report amounts treated or recycled on-site
» Air
» Wastewater

53. TRI Tools
■ (M)SDS (Supplier Notification)
■ Vendors
■ TRI Common Synonyms Document
■ CAS #

54. TRI Management Practices
■ Begin early
– Implement a program to gather “real-time” data on usage
– Searches for historical information can be difficult
■ Use a team approach
– Include all relevant personnel (e.g., engineering, environmental,
operations)
■ Keep organized records

55. TRI Report Submittals
■ TRI Facility ID#
■ Complete a Form R report for each reportable
chemical
■ Deadline = July 1st each year
■ No Fee
■ Submitted using EPA’s CDX program
– Preparer
– Certifier

56. Questions

57. Breakfast Seminar Series
EH&S Regulatory Updates
November 1, 2016 Portsmouth, NH
Jeff Bibeau, REM – Principal Compliance Specialist
Hazardous Waste

58. Agenda – Regulatory Updates
■ Hazardous Waste Determinations
■ Hazardous Waste Management
■ 2017 Hazardous Waste Action Items
■ Top 5 Hazardous Waste Compliance Items

59. Hazardous Waste
■ EPA Listed Wastes (F, P, K and U)
■ Characteristic Hazardous Waste exhibits one or
more of the following characteristics:
– Ignitability (flashpoint <140 degrees F)
– Corrosivity (pH <2 and >12.5)
– Reactivity (normally unstable/emits toxic fumes)
– Toxicity
■ All businesses are required to perform a Hazardous
Waste Determination on the waste they generate
– CTDEEP requires to test annually or if process change or not changed
over time then ”knowledge of process”
– Maintain a copy of these determinations

60. Hazardous Waste:
The Nuts and Bolts
■ Labeling
– All drums of HW must be properly labeled:
» CENTRAL ACCUMULATION AREA
– Label must have accumulation start date
» SATELLITE ACCUMULATION AREA
– Label should NOT be dated until drum is full
– Only 1 drum per waste stream can be located in an area
■ Management
– Keep drums closed at all times. Avoid the following:
» An open funnel is an open drum = penalty
» An unlocked ring around a solids drum is an open drum = penalty
■ Disposal
– Cradle to Grave
» Responsibility of proper disposal and recordkeeping is always on the GENERATOR, not the
hauler
■ Universal Waste
– Bulbs, Batteries, Ballasts, Thermostats, etc.
» Must be in a closed, labeled and dated container
» Can accumulate for up to 1-Year

61. Hazardous Waste:
The Nuts and Bolts
■ Generator Status
-Conditionally Exempt Small Generator (CESQG):
» generate <220 pounds/month
» accumulate <2,200 pounds
-Small Quantity Generator (SQG):
» generate 220-2,200 pounds/month
» accumulate <2,200 pounds/month
» <180 day on-site accumulation
» weekly Inspections
-Large Quantity Generator (LQG):
» generate >2,200 pounds/month
» accumulate >2,200 pounds/month
» <90 day on-site accumulation
» Biannual Report/Contingency Plan/Annual Training/Weekly
Inspections

62. Hazardous Waste:
The Nuts and Bolts
■ Good Condition
■ Compatible with waste
■ Closed unless filling or dispensing
■ Clear markings
– Content
– Hazard Associated with the waste
– Start Date Accumulation

63. Hazardous Waste
■ LQG’s that store Hazardous Waste in Tanks:
1. <50 feet of the property line
2. Must be designed in accordance with special
design requirements (PE stamp)
3. Tightness tested
4. Secondary containment/leak detection
5. When permanently cease using a tank perform
special cleanup activities
6. Tanks inspected by a PE and certify as to their
integrity
7. Daily inspections
 Must comply with EPA air emission standards
for Tanks (40 CFR Subparts AA, BB and CC)

64. Planning for 2017
• Hazardous Waste Management = 100% compliance 100% of the time
• Weekly Inspections
• On-site accumulation limits (LQG=90 days; CESQG=180 days)

65. Top Five Things Regulators Look For
■ #1 Container Management
– Label information, closed containers
■ #2 Generator Status
– Monthly Generation limits and on-site accumulation time limits
■ #3 Reports/Contingency Plan
– Biannual HW reports/Contingency Plan updats
■ #4 Inspections
– Documented inspections (time/date/full name)
■ #5 Central Accumulation Area
– Line of demarcation, signage, emergency call list, fire
extinguisher

66. Questions

67. Breakfast Seminar Series
EH&S Regulatory Updates
November 1st Portsmouth, NH
Slideshare: dphorowitz
Twitter: @dphorowitz
Youtube: dphorowitz
David P. Horowitz, P.E., CSP, Project Manager
Stormwater

68. Agenda – Regulatory Updates
■ Tanks
■ Hazardous Materials
■ Toxic Release Inventory (TRI/EPCRA)
■ Air Quality
■ Stormwater
■ Safety and Health
■ Auditing

69. Objectives/Takeways
■ Industrial Stormwater
Introduction
■ Stormwater requirements
■ Potential pollutant sources
■ New England framework
– MSGP Data Review
■ What are regulators looking for?

70. Regulatory Background
■ Industrial Stormwater Dischargers
– 1995 Multi-Sector General Permit
– 2000 Multi-Sector General Permit
» Renewed
– 2008 Multi-Sector General Permit
» Renewed three years after expiration
– 2015 Multi-Sector General Permit
» Renewed two years after expiration

71. Storm Water Discharges – What do
these states have in common?

72. Delegated States
■ Most states are delegated to oversee
program
– 46 are delegated
– States issue permits
■ Four states are not delegated
– Massachusetts
– New Hampshire
– Idaho
– New Mexico
– EPA issues permits

73. New England States
State
General Permit - Effective
Date
General Permit - Expiration
Date
Comment
Massachusetts June 4, 2015 June 4, 2020 Federal Permit
New Hampshire June 4, 2015 June 4, 2020 Federal Permit
Maine April 26, 2011
April 25, 2016
(September 2016 Draft)
State Permit
Connecticut October 1, 2011
September 30, 2018
(Extended from 2016)
State Permit
Rhode Island August 15, 2013 August 14, 2018 State Permit
Vermont August 4, 2011
August 4, 2016
(Administratively continued)
State Permit

74. NPDES - Industrial
■ Permitting Options?
– Multi-Sector General Permit (MSGP)
– Federal or state
– Meant to be easy
– No Exposure Certification (NOE)
– Still need to file!
– Individual Wastewater Discharge Permit
– Don’t want these for stormwater

75. Sectors & SIC
■ What is an SIC code?
– “A Standard Industrial Classification code or SIC code is a four-
digit code describing the activities taking place at a facility.
Facilities conducting multiple operations may have multiple SIC
codes, one describing each activity.”
■ What is a Primary SIC code?
– A primary SIC code describes the activity that generates the
highest net revenue at a facility.

76. Multi-Sector General Permit (MSGP)
Applicability
■ Sectors organized by SIC Codes
– Sector A: Timber Products
– Sector E: Glass, Clay, Cement, Concrete
and Gypsum Products
– Sector M: Automobile Salvage Yards
– Sector L: Landfills (Active & Closed)
– Sector N: Scrap and Waste Recycling
– Sector P: Land Transportation and
Warehousing
– Sector S: Airports
– Sector T: Wastewater Treatment Plants
(>1 MGD)

77. Stormwater Changes
■ 2015 MSGP
– Added NAICS code cross-reference
– North American Industrial Classification System
– Added specificity for effluent limits
– Electronic filing required
– Improved public accessibility
» Post plan
» Provide plan elements in NOI

78. General
■ No Exposure Certification (NOE)
– Activities are designed to prevent exposure to rain, snow, snowmelt
and/or runoff
– Material handling equipment or activities
– Material handling activities
» Storage, loading and unloading, transportation, or conveyance
– raw material, intermediate product, final product or waste
product
» Final products intended for outdoor use are not required to be
stored indoors or in a storm-resistant shelter.

79. Multi-Sector General Permit (MSGP)
Implementation
■ SWPPP Contents
■ Discharges to Water Quality Impaired Waters
■ Endangered Species & Historic Places Evaluation
■ Quarterly Visual Inspections
■ Annual Reporting
■ Benchmark/Numeric Effluent Monitoring
■ Electronic Reporting To EPA
– Sample Results (<30 days)
– Inspection Reports (<45 days)
■ Employee Annual Training

80. 2000, 2008 & 2015 MSGP Comparison
Let’s look at the data!

81. 2015 MSGP - NH

82. 2015 NOE - NH

83. 2000, 2008 & 2015 MSGP Comparison
County 2016 MSGP 2008 MSGP 2000 MSGP
Barnstable 6 22 29
Berkshire 27 20 50
Bristol 86 55 105
Dukes 7 4 4
Essex 101 56 104
Franklin 16 10 18
Hampden 71 46 97
Hampshire 31 28 38
Middlesex 82 64 193
Nantucket 2 1 1
Norfolk 64 44 94
Plymouth 59 35 55
Suffolk 44 23 38
Worcester 119 67 158
TOTALS 715 475 984

84. 2000, 2008 & 2016 NOE Comparison
County 2016 NOE 2008 NOE 2000 NOE
Barnstable 0 12 6
Berkshire 5 17 7
Bristol 22 49 25
Dukes 1 0 0
Essex 25 56 21
Franklin 7 8 8
Hampden 6 29 16
Hampshire 7 13 10
Middlesex 60 143 56
Nantucket 1 2 1
Norfolk 21 46 20
Plymouth 7 24 17
Suffolk 27 9 6
Worcester 36 77 36
TOTALS 225 485 229

85. Data Review
2016 MSGP 2008 MSGP 2000 MSGP
715 475 984
2016 NOE 2008 NOE 2000 NOE
225 485 229
940 960 1213

86. Data Review
■ Shift to/away from No Exposure
■ Less Sites Covered
■ Site closures?
■ Re-evaluation of regulated discharges?
■ “Delegated” impact – “Out of sight, out of mind”?
2016 MSGP 2008 MSGP 2000 MSGP
715 475 984
2016 NOE 2008 NOE 2000 NOE
225 485 229
940 960 1213

87. Questions

88. Breakfast Seminar Series
EH&S Regulatory Updates
November 1st Portsmouth, NH
David P. Horowitz, P.E., CSP - Project Manager
Safety & Health

89. Regulatory Updates – Safety & Health
■ Respirable Crystalline Silica
■ Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015
■ Recording and Reporting of Occupational
Injuries and Illnesses regulations

90. Regulatory Updates – Safety & Health
■ Respirable Crystalline Silica
– Issue Date: March 25, 2016 / Effective Date: June 23, 2016
– Compliance Dates:
» Construction: June 23, 2017 / General Industry: June 23, 2018
– Highlights:
» New P.E.L. of 50 µg/m3 / 8 hour shift
(1/2 Prior Limit in General Industry / 5 times lower in Construction)
» New Action Level of 25 µg/m3 / 8 hour shift
» Requires initial, in some cases follow-up, exposure monitoring
» Requires engineering controls and work practices
» Requires development of an Exposure Control Plan
» Must consider designated list of controls

91. Regulatory Updates – Safety & Health
■ Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015
■ Translation: Higher OSHA Fines
– Highlights:
» Serious $7,000 → $12,741 per violation
Other Than Serious $7,000 → $12,741 per violation
» Failure to Abate $7,000 → $12,741 per day
» Willful or repeat $70,000 → $124,709 per violation
» Effective August 1, 2016
» First increase in over 25 years
» Allows future increases by January 15 every year

92. Regulatory Updates – Safety & Health
■ Recording and Reporting of Occupational Injuries
and Illnesses regulations
– Highlights:
» Large Businesses (≥ 250 employees)
– Electronically file OSHA 300 / 300A / 301 forms with OSHA
– Begins July 1, 2017 (300A form), All forms in 2018
» Small (High Risk) Industries (20 – 249 employees)
– By SIC Code (e.g., utilities, construction, manufacturing)
– Electronically file OSHA 300A forms with OSHA
– Begins July 1, 2017
» Injury / Illness data will be available to the public
» Employers can not retaliate for injury reporting
– Automatic drug testing can be a form of retaliation
» Electronic reporting is being challenged and may be modified

93. Planning for 2017– Safety & Health
■ Annual Safety & Health Requirements
– Post OSHA 300A Log: Post from Feb 1 → through April 30
– Initial Training:
» LoTo, Emergency Action Plan, HazCom, PPE, Hearing Protection…
– Refresher Training:
» Annual: Hearing Protection, Respirators, Access to Medical Records…
» 3-Year: Powered Industrial Trucks
– Mandatory Program Reviews:
» Exposure Control Plan (BB Pathogens), Confined Space, LoTo….
– Annual Evaluations:
» Audiograms, Respirator Fit Tests
– Process Changes:
» Training, Program Updates, Hazard Reviews, PPE Assessments…

94. Top Five Things Regulators Look For
1. The common / obvious violations
» OSHA Top 10 List
» Visible - Low hanging fruit (Extension cords, No Written Programs, No Training...)

95. Top Five Things Regulators Look For
2. Federal OSHA Exempt Facilities?
State and Municipal Employees?
» Subject to: Connecticut Department of Labor's
Division of Occupational Safety and Health (CONN-OSHA)
3. Federal / Local Emphasis Programs
» Fall Protection
» Fork Trucks
» Amputations
» Process Safety...
4. Employee Complaints & Injuries
5. High Risk & High Injury Rate Facilities / Operations

96. Questions

97. Breakfast Seminar Series
EH&S Regulatory Updates
November 1, 2016 Portsmouth, NH
Wayne E. Bates, PhD, PE, Principal Engineer
Douglas Stellato, Project Compliance Specialist
Compliance Tools – Chemical
Inventories & Compliance Calendars

98. Compliance Tools
■ Chemical Inventories
■ Recordkeeping Databases
■ Compliance Calendars

99. Chemical Inventories
■ Track materials stored &
quantity used
■ Used for multiple programs
– Tier II
– Greenhouse Gas Reports
– Source Registration
– TURA reporting
– TRI reporting
– Chemical Control Laws

100. Chemical Inventories
■ Challenges
– Multiple spreadsheets or lists
– Multiple people responsible
– Missing data
– How to verify data
■ Accuracy is essential
– Over-reporting
– Under-reporting
– Amended reports

101. Chemical Inventories
Materials
ordered
Manufacturing
Products
Manufactured
CAS #
CAS #
CAS #
Product Flow
CAS #
CAS #
CAS #
Information Needs
Receiving
Dock
Shipping
Dock
CAS = Chemical Abstract System

102. Chemical Use
Materials
Emissions
ProductsWaste
Used
inventory

103. Recordkeeping
■ Track materials used and emissions
■ Used for multiple programs
– Air Permit Reporting
– Air Permit Recordkeeping
– TURA/TRI applicability
■ Track all conditions of permit!
– VOC/HAP concentration limits
– VOC/HAP emissions
– Annual reports

104. Chemical Use and Recordkeeping
Chemical
Information
Process
Information
Chemical
Use
Properties
Parameters
Regulatory
Requirements
Thresholds
Product
By-Product
Waste
Emission
Inventory Recordkeeping Reporting

105. Recordkeeping

106. Recordkeeping

107. Recordkeeping

108. Reporting

109. Calendars
■ Track “typical” and non-“typical” reporting
deadlines
■ Track inspections or sampling
– Hazardous waste
– SPCC & SWPPP
– Wastewater sampling
■ Track Employee Training
– Hazardous waste
– DOT
– SPCC & SWPPP
– Wastewater licenses

110. Compliance Tools –Calendars

111. ■ Chemical inventory
– key for material use, storage, and emission calculations
– Establish systems at receiving dock
– Use information for multiple regulatory programs
– Regularly check and test data accuracy (3rd party)
■ Recordkeeping
– Use data to generate compliance reports
– Ability to export data for other uses and metrics tracking
– Stay up to date on regulatory changes
■ Compliance Calendars
– Use alerts and reminders
– List applicable programs and frequency
– List non-applicable programs with thresholds
– Integrate inventory, recordkeeping and calendar
Conclusion

112. Questions

113. Breakfast Seminar Series
EH&S Regulatory Updates
November 1, 2016 Portsmouth, NH
Wayne E. Bates, PhD, PE, Principal Engineer
Auditing

114. Why Conduct an Audit?

115. Common Risks
■ Regulatory
– Audit or inspection
– Maintaining compliance
– Adapting to changing regulatory environment
■ Corporate
– Compliance with regulatory programs
– Conformance with company policies and procedures
– Due diligence
■ Supply Chain
– Requirements for doing business
– Limiting exposure
■ Certifications

116. Common Findings
■ Safety & Health
■ Environmental

117. Safety and Health
■ Industrial Facilities
– 7 of 10 are general industry
– 3 of 10 are construction

118. Environmental
■ Industrial Facilities
– Risk Management Planning
» Process Safety Information (PSI)
» Signage
» Management of Change (MOC) issues
» Employee Training
– SPCC Plans
» Site plan
» Discharge location
– Hazardous waste
» Labelling
» Storage
» containers

119. Planning for Compliance
Applicability
Conformance
Compliance

120. Planning for Compliance
■ Regulatory Applicability Review (annual)
– Create or update the compliance matrix
– Establishes or updates the compliance calendar
■ Regulatory Conformance Review (1-2 years)
– Verify conformance with regulatory requirements
– Verify that calendar events are completed
■ Regulatory Compliance Audit (3-5 years)
– In-depth review of programs
– Review of operations and inventories
– Review calculations and permit conditions
– Challenge compliance

121. Maintaining Compliance

122. Questions