Slides presented at the September 26, 2017 Tighe & Bond EHS Regulatory Update Breakfast

1. Breakfast Seminar Series
Environmental, Health & Safety
Regulatory Updates
Introductions
September 26, 2017 Middletown CT
Wayne E. Bates, PhD, PE, Principal Engineer

2. Firm Overview
■ Multi-disciplinary Consulting Firm Founded in 1911
■ Full Service Capabilities: 330 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. Let’s Get Started
■ 8:00-8:30am Introductions Wayne Bates
■ 8:30-9:00am Soil Management – What to do with all that soil Amy Vaillancourt
■ 9:00-9:30am HBMA – Planning Saves Time and Money Kevin McCarthy
■ 9:30-10:00am Environmental Compliance Updates Tim Kucab
■ 10:00-10:30am Break
■ 10:30-11:00am Safety and Health Updates Dave Horowitz
■ 11:00-11:30am Property Transactions – Reducing Risk Jim Olsen
■ 11:30-Noon Panel Discussion/Q&A All

7. Breakfast Seminar Series
Soil Management
September 26, 2017 Middletown, CT
Amy Vaillancourt, Project Manager, LEP
What to do with all that soil?

8. Agenda
■ What is considered
“clean”
■ Requirements for
sampling
■ Current regulations
– Management, Storage,
Disposal
■ Beneficial reuse and off-
site disposal
■ Questions

9. Generation of Excess Soils
■ Projects
- Infrastructure improvements
- Developments and facility expansions or upgrades
- Underground storage tank installation or removal
■ Pre-planning
- Important to know history of area – is contamination likely?
- Is sampling required or just prudent?
o In-situ characterization
o Waste characterization
• Disposal or reuse
• Offsite vs onsite

10. What is “Clean”
■ Definitions:
– Clean = natural soil with no detected pollutants
– Polluted = pollutants detected at concentrations below CTDEEP
Remediation Standard Regulations (RSRs)
– Contaminated = pollutants detected above RSRs
– Hazardous = ignitable, flammable, corrosive toxic (RCRA Regs);
potential hazard to human health or environment (CT State Regs)
– Is there a requirement to test ?
» If contamination observed = YES
» reuse on site = NO
» off-site disposal or off-site reuse = In most cases
Clean Fill
– RSRs vs CTDOT

11. Current Regulations
■ Stockpiling of Contaminated Soils
– Requires permittee to sample
■ Remediation Standard Regulations
– Any property in a formal CTDEEP Program
– But…… CTDEEP recommends everyone
■ Solid Waste
– For anyone generating, storing, treating, or disposing of solid waste
(includes soils, asphalt, brick, concrete)
■ Hazardous Waste
– For anyone generating, storing, treating, or disposing of hazardous
waste (defined by RCRA)

12. General Permit for Stockpiling
Contaminated Soils
■ “Contaminated soil and/or sediment” means treated or untreated soil
and/or sediment affected by a known or suspected release and
determined, or reasonably expected to contain substances
exceeding Residential Direct Exposure Criteria or GA Pollutant
Mobility Criteria, as these terms are defined in section 22a-133k-1 of
the Regulations of Connecticut State Agencies.
- Stage and/or temporarily store ≥1,000 cy and ≤ 10,000 cy at
any one time of contaminated soil and/or sediment at the site
of excavation for a period exceeding 45 days in duration.
- Transfer, stage, and/or temporarily store >10 cy and ≤ 10,000
cy at any one time of contaminated soil and/or sediment at a
site other than the site of excavation from which the soil
and/or sediment originated.

13. General Permit for Stockpiling
Contaminated Soils
■ If >10 cy but <1,000 cy on-site – no registration
needed, but need to comply with General Permit
protocols (including CTDEEP E&S controls)
■ All other qualifying activities require registration
■ Approval of registration needed if:
– Storing greater than 10,000 cy at excavation site or off-site
– Must provide Operations and Maintenance Plan
■ If in an Aquifer Protection Area the local municipal
Aquifer Protection Agency must be notified in writing
■ Permit expires after two years

14. General Permit for Stockpiling
Contaminated Soils
■ The maximum amount of incidental excavation waste
(asphalt, brick, concrete, etc) stored at the Staging,
Transfer, and/or Temporary Storage Area shall be as
follows:
- (i) <10,000 cubic yards of contaminated soil and/or
sediment
No more than 100 cubic yards of incidental
excavation waste shall be stored at any one time.
- (ii) >10,000 cubic yards of contaminated soil
and/or sediment
No more than 1,000 cubic yards of incidental
excavation waste shall be stored at any one time.

15. Issues Encountered
■ Pesticides
– Can’t tell they are there
■ Asphalt
– Source of petroleum compounds
■ Concrete / Brick
– Can contain contaminants from paints, petroleum,
manufacturing, ect.
■ Off-site disposal or reuse requires sampling
– Soil is found to be polluted, contaminated, or hazardous (lead in
soils from roadway projects or contaminants in concrete)
■ Unrestricted use – later determined to be
contaminated
– Could be worse case scenario for cost and liability

16. Soil Reuse / Disposal
■ Current Regulations
– If soil is “clean” no restrictions on reuse
– RSRs have regulation for reuse of polluted soils
– Contaminated soils need proper disposal at a licensed facility or
possibly landfill (depending upon contaminant concentrations)
■ Proposed Regulations (DRAFT 2008 and 2013)
– Revising Solid Waste Management Regulations to clarify “clean fill”
definition and establish “regulated / recyclable fill”
– Establish permits for reuse facilities (soil, brick, asphalt, concrete)
– Create General Permit for Beneficial Use (to allow reuse as road
sub-base, reuse in asphalt, as land cover, etc)

17. Avoid Complications
 Know your project area
 Decide if pre-characterization is necessary
 If contamination is observed – call a professional
 Stockpile responsibly – do not mix concrete, asphalt, or
contaminated soils
 Have proper stockpile bins and E&S controls
 If you encounter contaminated soils and need to
stockpile more than 45 days you will need the permit
 Identify disposal / reuse options
 Determine what waste characterization sampling may be
necessary
 Consider indemnification agreement for off-site reuse

18. Questions

19. Breakfast Seminar Series
EH&S Regulatory Updates
September 26, 2017 Middletown, Connecticut
Kevin McCarthy, Project Manager
Hazardous Building Materials

20. Agenda – Regulatory Updates
■ Soil Management
■ Hazardous Building Materials
■ Environment Compliance Updates
■ Safety and Health Updates
■ Property Transactions

21. Hazardous Building Materials
Asbestos
Containing
Materials
Mercury
Containing
Devices
Lead
Based
Paint PCB/DEPH
Containing
Light
Ballast
PCB
Containing
Building
Materials

22. Hazardous Building Materials
– Regulatory Compliance Required for Public and
Private Sectors
– Two Areas of Compliance
» Operations and Management (O&M) of Existing In-
Place Materials
» Management (Abatement) during
Renovation/Demolition
– Regulators
» EPA (Enforced by CTDEEP) – For Now
» CTDPH
» OSHA

23. Asbestos Containing Materials
– Renovation and Demolition
» EPA NESHAP Regulations
» EPA ASHARA Regulations
» CTDPH Standards for Asbestos Abatement
» CTDPH Licensing and Training Requirements for
Persons Engaged in Asbestos Abatement and
Consultation Services
» OSHA Asbestos in Construction
– Operations and Maintenance
» OSHA Asbestos in General Industry

24. Asbestos Containing Materials
■ Is your Building Subject to an Inspection Prior to
Renovation or Demolition?
– Yes - Any structure (regardless of building age) requires a
survey
– Used to confirm or deny the presence of asbestos containing
materials
– All building materials are suspected asbestos containing
materials (Exemption – wood, glass, fiberglass, metal, and
plastic)
■ Is your Building Subject to an Operations and
Management Plan?
– Maybe – Any structure constructed prior to 1980

25. Lead Based Paint
– Mainly regulated in child-occupied building or target
housing by EPA RRP Rule, HUD Lead-Safe Housing
Rule, and CTDPH Lead Poisoning Prevention and
Control regulations
– EPA RCRA regulations
» Disposal limit for hazardous lead waste vs.
general construction and demolition waste
– OSHA Lead in Construction
» Worker Protection
» Hazard Communication

26. PCB/DEPH Containing Light Ballasts and
Mercury Containing Devices
– PCB/DEPH Containing Light Ballasts
» PCB ballasts banned in 1979
» DEPH ballasts banned in 1991
» Requires appropriate disposal
– Mercury Containing Devices
» Universal Waste
» Requires appropriate disposal and/or recycling

27. PCB Containing Building Materials
■ Regulated by EPA and CTDEEP
– EPA regulates source materials at ≥50 ppm and adjacent materials
contaminated by source materials at >1 ppm
– CTDEEP regulates ALL materials at > 1 ppm
■ Never authorized by EPA or CTDEEP for use
– Highly unlikely to be authorized
– Only continued use of PCBs is within closed containers
(transformers)
■ Testing
– Test if there is a planned renovation or demolition project which will
disturb suspect PCBs containing building materials and result in
disposal of suspect materials
– Air testing to determine if a potential problem exists

28. Top Three Things Regulators Look For
■ #1 O&M Plan
– OSHA Facility Audits
– Written Plan
– Employee Training Documentation
■ #2 Waste Disposal
– Properly Characterized
– Properly Containerized and Stored On-Site
– Disposed of In-Time
– Signed Disposal Records
■ #3 Inappropriate Removal
– Disturbance of Asbestos-Containing Materials
– CTDPH Site Visit
– Clean-Up Requirements

29. Questions

30. Breakfast Seminar Series
EH&S Regulatory Updates
September 26, 2017 Middletown, CT
Timothy Kucab, CHMM, Project Compliance Specialist
Environmental Compliance Updates

31. ■ Wastewater Discharges
■ Hazardous Waste
■ Air Emissions
■ Siting Considerations
■ Noise
■ Tips

32. Wastewater General Permits
Categorical Industrial User Wastewater to a POTW
• Domestic Sewage
• Food Service Establishment Wastewater
• Food Processing Wastewater
• Groundwater Remediation Wastewater Directly to Surface Water
• Groundwater Remediation Wastewater to Sanitary Sewer
• Hydrostatic Pressure Testing Wastewater
• Low Flow Water Treatment Wastewater
Miscellaneous Discharges of Sewer Compatible Wastewaters
• Nitrogen Discharges
• Non-Contact Cooling and Heat Pump Water
• Photographic Processing Wastewater
• Printing and Publishing Wastewater

33. MISC General Permit
■ Wide Variety or Processes
■ Easy Approvals
■ Allows low volume discharges
without sampling
■ Expired – Continued
Authorization

34. On the Radar
■ Non-Contact Cooling & Heat
Pump General Permit
– Expires 3/29/18
■ Hydrostatic Pressure Testing
Wastewater General Permit
– Expires 3/29/18
■ Water Treatment Wastewaters
General Permit
– Expires 3/29/18
■ Stormwater Permit
– Expires 9/30/2018
■ MISC General Permit
– Expires 10/30/2018

35. Hazardous Waste
■ Manifests
– No longer required to send to CT DEEP
■ Rags and Wipes
– Management Practices (180 Days, Labeling, Records)
– “No Free Liquids”
– 5 Specific Destination Facility Types

36. Upcoming Projects?
■ Siting Considerations

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

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

39. Air Emissions
■ Maximum Allowable Stack Concentrations
– Property line distance
– Chemical Constituents
■ Take advantage of Permits-By-Rule
– Boilers
– Generators
– Spray Booths
– Coating Operations

40. Clean Water Act – Section 505
■ …authorizes citizens to bring suit in the federal
district courts against "any person who is alleged
to be in violation of (A) an effluent standard or
limitation … or (B) an order issued by the [EPA]
Administrator or a State with respect to such a
standard or limitation…."
■ This provision allows citizens to sue for violations
of the terms and conditions set forth in wastewater
discharge permits issued under the national
pollutant discharge elimination system (NPDES)
program.

41. ■ Protect Yourself
– Google Maps Must Be Your Friend!
– Street Appeal
What is this discharge??
Clean Water Act – Section 505

42. Top Five Things Regulators Look For
■ #1 Accurate Inventory
– Inaccurate amounts can lead to issues with other programs
■ #2 All Air Emission Sources
– Facility Wide Inventories and MASC Compliance
■ #3 Up-to-date SDS
– Purchased and manufactured substances
■ #4 Testing Data
– For chemical concentrations
■ #5 NET DMR
– Activist Groups Copied

43. Questions

44. Breakfast Seminar Series
EH&S Regulatory Updates
September 26, 2017 Middletown, CT
David Horowitz, P.E., CSP - Project Manager
Safety & Health

45. Regulatory Updates – Safety & Health
■ Respirable Crystalline Silica
■ Walking & Working Surfaces
■ OSHA Top Ten Most Cited

46. Regulatory Updates – Safety & Health
■ Respirable Crystalline Silica
– Issue Date: March 25, 2016 / Effective Date: June 23, 2016
– Compliance Dates:
» Construction: Sept. 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

47. Regulatory Updates – Safety & Health
■ Respirable Crystalline Silica – Case Studies
– Abrasive Products Manufacturer
» Exposure concerns
– Visual observations appeared to warrant concern
» Personal and area sampling
» Average 0.15 µg/m3
– Paper Processing Facility
» Exposure concerns
– Again, visual observations appeared to warrant concern
» Personal and area sampling
» Average 0.02 µg/m3

48. Regulatory Updates – Safety & Health
■ Walking & Working Surfaces & Fall Protection
– Effective January 17, 2017
» Exposed workers trained on fall hazards (May 17, 2017)
» Inspection/certification permanent anchorages for rope descent systems
(November 20, 2017)
» Installing personal fall arrest or ladder safety systems on new fixed
ladders over 24 feet and on replacement ladders/ladder sections
(November 19, 2018)
» Existing fixed ladders over 24 feet are equipped with a cage, well,
personal fall arrest system, or ladder safety system (November 19,
2018)
» Replacing cages and wells with ladder safety or personal fall arrest
systems on all fixed ladders over 24 feet (November 18, 2036)

49. Planning for 2018 – 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…

50. OSHA’s Top Ten Most Cited

51. OSHA Top Ten
■ Electrical design
■ Arc Flash (NFPA 70E)
System specific
evaluations
■ Proposed equipment
■ Existing equipment
■ PPE

52. OSHA Top Ten

53. OSHA Top Ten

54. OSHA Top Ten

55. OSHA Top Ten

56. OSHA Top Ten

58. OSHA Top Ten

59. OSHA Top Ten

60. OSHA Top Ten
■ Globally Harmonized System
■ Risk Management Planning
– Chlorine Gas = >2,500 Lbs (RMP)
– Chlorine Gas = >1,500 Lbs (PSM)

61. OSHA Top Ten

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

63. Questions

64. Breakfast Seminar Series
Property Transactions
September 26, 2017 Middletown, CT
James T. Olsen, LEP Vice President
Reducing Risk from Past Activities

65. Agenda
■ Regulatory Programs
■ Environmental Due Diligence
■ Common types of contaminants
■ Common sources of contaminants
■ LEP Program
■ Examples

66. Regulatory Programs
■ CT Property Transfer Program
– Dry Cleaner (after 1967)
– Autobody Shop (after 1967)
– Furniture Stripper (after 1967)
– Hazardous Waste Generator (>100 kg/Kg per month) since 1980
■ Voluntary Remediation Program
– “Voluntary Basis”
– -133x
– -133y
■ Underground Storage Tank Program
■ Significant Environmental Hazard Notification
■ CT Property Transfer Program
– Dry Cleaner (after 1967)
– Autobody Shop (after 1967)
– Furniture Stripper (after 1967)
– Hazardous Waste Generator (>100 kg/Kg per month) since 1980
■ Voluntary Remediation Program
– “Voluntary Basis”
– -133x
– -133y
■ Underground Storage Tank Program
■ Significant Environmental Hazard Notification

67. Regulatory Programs
■ RCRA Correction Action Program
– Large Quantity Generators
– TSDFs
■ Brownfields Programs
– BRRP
– ABC
– Municipal Liability Relief
■ Environmental Construction Project

68. Other
■ Banks/Financing Institutions
■ Buyers/Sellers
■ Environmental Attorneys

69. Environmental Due Diligence
■ Phase I ESA
■ All Appropriate Inquiry
■ Phase II ESA
■ Phase III ESA
■ Remedial Action Plan
■ Ecological Risk Assessment
■ Remediation
■ Remedial Action Report
■ LEP Verification

70. Environmental Due Diligence
■ Environmental Due Diligence protects buyer and
seller
■ Environmental cleanups are costly and time
consuming
■ CTDEEP generally holds current owner
responsible for site contamination unless defined
otherwise under the PTP
■ Conducting investigations early in process allows
for better planning resulting in reduced costs and
schedule impacts

71. Common Types of Contaminants
■ Volatile Organic Contaminants (VOCs)
■ Extractable Total Petroleum Hydrocarbons (ETPH)
■ Polycyclic Aromatic Hydrocarbons (PAHs)
■ Metals
■ Polychlorinated Biphenyls (PCBs)
■ Pesticides
■ Emerging Contaminants (1,4-dioxane, PFASs,
perchlorate, nanomaterials, PPCPs)

72. Common Sources of Contaminants
■ USTs/ASTs
■ Gas/Service Stations
■ Autobody Shops
■ Dry Cleaners
■ Manufacturing Facilities
■ Plating Shops
■ Transformers
■ Dry Wells and Leaching Fields
■ Historic Fill
■ Degreasing
■ Pesticide application
■ Hazardous Building Materials

73. Examples
■ Site acquisitions
■ Site divesture
■ Redevelopment
■ Expansion/Addition
■ Renovation

74. LEP Program
■ LEPs have ability to “Verify” sites have been
investigated and remediated according to CTDEEP
requirements
■ Site Characterization Guidance Document
■ Remediation Standard Regulations
■ CTDEEP can audit LEP Verifications

75. Questions