Workshop N Operationalizing Air Permit Compliance: Engaging - - PDF document

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Workshop N Operationalizing Air Permit Compliance: Engaging - - PDF document

Workshop N Operationalizing Air Permit Compliance: Engaging Operations Personnel to Make Your EHS Job Easier Tuesday, March 21, 2017 2 p.m. to 3:15 p.m. Biographical Information William H. Haak, Founder, Haak Law LLC Cleveland, Ohio


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Workshop N

Operationalizing Air Permit Compliance: Engaging Operations Personnel to Make Your EHS Job Easier

Tuesday, March 21, 2017 2 p.m. to 3:15 p.m.

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Biographical Information

William H. Haak, Founder, Haak Law LLC Cleveland, Ohio 216.772.3532 whh@haaklawllc.com William H. Haak is the Founder of Haak Law LLC (www.haaklawllc.com) – an environmental, health & safety legal and consulting firm based in Cleveland, Ohio. He has more than 15 years of experience in

  • ccupational safety law and worker safety, and over 20 years of experience in environmental law

(including extensive experience in air pollution control law and multi-media environmental compliance).

  • Mr. Haak practices nationally in the United States and consults globally on all matters related to the

EHS field (plus security and crisis management).

  • Mr. Haak graduated from The University of Akron (Business Finance) and Case Western Reserve

University School of Law (J.D. with an emphasis on litigation and trial practice). Following law school, he worked as an Assistant Attorney General in the State of Ohio Attorney General’s Environmental Enforcement Section. As counsel to Ohio EPA, Mr. Haak’s practice was focused primarily on civil and administrative air pollution control cases. During his time with the Attorney General’s Office, Mr. Haak resolved civil environmental enforcement actions resulting in civil penalties totaling approximately $4 million. Prior to forming Haak Law LLC, Mr. Haak was Senior EH&S Counsel for General Electric. He supported GE’s Appliances and Lighting Businesses, and was engaged in complex air permitting issues for other GE businesses nationwide. Mr. Haak has also been Associate General Counsel – EH&S for Hexion Specialty Chemicals in Columbus, Ohio, and Senior Regulatory Law Counsel for Owens Corning in Toledo, Ohio. He served overseas in the former Soviet Union (Ukraine) as an Environmental Enforcement Specialist with the American Bar Association’s Central & East European Law Initiative ("ABA/CEELI"). Haak is a frequent lecturer to attorneys, engineers, and environmental professionals on topics concerning federal and state air pollution law. In addition, he has taught as an adjunct faculty member at the University of Central Florida in Orlando and Columbus State in Columbus, Ohio. Since 2005, Haak has taught classes focusing on Air Pollution Law and Occupational Safety and Health Law at The University of Toledo College of Law as an Adjunct Professor. Sheri L. Bussard Environmental Engineer, University of Cincinnati Utilities Central Utility Plant, 3000 Glendora Avenue, Cincinnati, OH 45221 Phone: 513-556-2542 Fax: 513-558-1739 E-mail: sheri.bussard@uc.edu

  • Ms. Bussard is the environmental engineer for the University of Cincinnati Utilities department. She is

responsible for the utility’s continuous emission monitoring programs as well as compliance with the site’s Title V permit and other applicable regulations. She coordinates emission testing for the site and manages the completion and submittal of environmental reports. Prior to joining the University of Cincinnati, Ms. Bussard worked as an environmental consultant. She became a senior project manager with a breadth of multimedia compliance knowledge, focused primarily in air and EPCRA. Her experience includes air emission inventories, air permitting, air permit/regulatory compliance, EPCRA compliance, visible emission project management, and multimedia compliance audits. Ms. Bussard received a B.S in Civil Engineering and an M.S. in Environmental Engineering from the University of Cincinnati.

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Biographical Information

Mike Zimmer, P.E., Principal Consultant Trinity Consultants, 1717 Dixie Highway, Ste 900, Covington, KY 41011 859.341.8100 ext. 103 mzimmer@trinityconsultants.com Mike Zimmer serves as the manager of Trinity Consultants' operations in Northern Kentucky and Greater

  • Cincinnati. Mike has more than 24 years of technical experience in the air quality field assisting clients

with air quality management (auditing, regulatory strategy assessments, compliance management tools, emission inventories), dispersion modeling (increment, NAAQS, Class I Area, AQRVs, odor, litigation support, BART), and permitting (Kentucky, Ohio, and Indiana installation/construction permits, Title V operating permits, PSD, BACT, SOCMI, NSPS, NESHAP, MACT, etc.). In his 12-year tenure with Trinity, he has worked with a number of industries, including organic & inorganic chemicals, steel industry, primary and secondary aluminum, ferroalloy industry, gray/ductile iron foundry, metal fabrication, nitric acid manufacturing, printing, surface coating, power generation, automobile manufacturing, rubber products, roofing products, mineral products industry, reinforced plastic composites, gypsum manufacturing, mining, cosmetics, Portland cement, computer manufacturing, fiberglass pool manufacturing, drum reconditioning, coal-to-gas, oil & gas, brick manufacturing, and others. As registered Professional Engineer, Mike has an extensive background in various aspects of environmental engineering, from preliminary stack design to ventilation system modifications to choosing the suitable air pollution control devices. Mike has authored and co-authored various papers and presented to industry at national and regional AWMA conferences, Environmental, Health & Safety Symposiums sponsored by the Manufacturer’s Educational Council (MEC), and the Energy Utility Environmental Conference. Additionally, Mr. Zimmer is an instructor for Trinity’s Air Regulations and Permitting in Kentucky. Mike earned a B.S. in Civil/Environmental Engineering from the University of Cincinnati.

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Beyond EHS Staff:

”Operationalization” of Compliance

Session N

March 21, 2017

William H. Haak

Haak Law LLC

HAAK LAW LLC

Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com

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At the Outset…

  • Your job (EHS) is the hardest job at any facility
  • Whether you’re surrounded by “friends” or

“enemies” is largely up to you

  • “Risk multipliers”, or
  • “Force multipliers”?
  • How can you create true partners out of non-

EHS leadership and operations personnel?

HAAK LAW LLC

Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com

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We All Know the Stories…

  • “I didn’t know that had an environmental impact!”
  • Bypassed control equipment
  • Unpermitted “modifications”
  • A PTI that “we need, like, yesterday”
  • Unreported deviations, malfunctions, exceedances
  • Dude! Where’s my dust collector?

HAAK LAW LLC

Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com

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What’s the Root Cause?

  • “What we have here is a failure to communicate…”
  • Is lack of communication a disease, or a symptom?

HAAK LAW LLC

Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com

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Elements of Poor Communication

  • Lack of understanding (or just not caring)
  • “That’s not my job…”
  • Intentional under-communication
  • Spiteful over-communication
  • Functions operating “in silos”
  • A blame and shame atmosphere

HAAK LAW LLC

Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com

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3 Steps to Better Communication

  • Educate…
  • Yourselves about the business and processes
  • Your “allies” about what compliance means
  • Integrate…
  • Yourselves into non-EHS discussions and rhythms
  • Your “allies” into how you “make the sausage”
  • Motivate…
  • Establish metrics and accountability outside of EHS
  • “Operationalizing” EHS means moving ownership

HAAK LAW LLC

Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com

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Best Practices for Ensuring Air Permit Compliance

Presented by:

Sheri Bussard Environmental Engineer - Utilities University of Cincinnati

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University of Cincinnati Utilities

  • Provide electricity, steam for heat, and chilled

water for cooling to 100+ UC buildings and several hospitals

  • 2 separate utility plants
  • Title V air permit
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Title V Permitting Program

  • WHO - sites with large potential emissions

(major sources)

  • WHY - standardize air permit and permitting

process

  • HOW - consolidate all permits into one

document

  • BENEFIT – Title V Permit includes all

applicable air pollution control requirements for entire site

  • CHALLENGE – Title V Permit includes all

applicable air pollution control requirements for entire site

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Know Your Permit!

  • Read and understand your permit
  • Highlight action items
  • Renewal – compare to previous permit for

changes

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Develop a Compliance Plan

  • Identify each emission limit or operational restriction
  • Summarize compliance strategy
  • Identify associated monitoring, recordkeeping, and

reporting requirements

  • Note any required testing
  • Compliance calendar

PERMIT REQUIREMENTS

Applicable Requirement Compliance Strategy Monitoring/Recordkeeping Reporting Testing GAS: SO2 emissions ≤ 0.6 lb/MMcf

  • NO. 2 FUEL OIL:

SO2 emissions ≤ 0.3 lb/MMBtu ▪ Distillate Oil SO2: Oil shall have a heat and sulfur content which is sufficient to comply with the allowable SO2 emission limitation

  • f 0.3 lb/MMBtu of actual heat input
  • n an "as received" basis and a

maximum sulfur content of 0.39 wt%. ▪ Natural Gas SO2: AP-42 emission factor - 0.6 lb SO2/MMcuft For each shipment of oil received for burning in this emissions unit, the permittee shall collect or require the oil supplier to collect a representative grab sample of oil and maintain records of the total quantity of oil received, the permittee's or oil supplier's analyses for sulfur content and heat content, and the calculated sulfur dioxide emission rate (in lbs/MMBtu). Quarterly - conditions in italics None

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Remember to Include………

  • Requirements from federal regulations

such as NSPS/NESHAP/MACT

  • Requirements from

issued PTIs that have not yet been rolled into your Title V permit

  • Requirements for Insignificant Emission

Units

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Delegate and Designate

  • Delegate tasks to owners
  • Designate record type

and frequency

  • Designate location
  • f record
  • Designate report format and understand

frequency

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Fortify Your Compliance Plan

  • Train task owners
  • Establish goals/incentives, involve management
  • Spot check records

for completion and completeness

  • Internal audits
  • 3rd party audits
  • Gaps – root cause analysis and corrective

action

  • Keep compliance plan up to date
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Title V Annual Compliance Certification (ACC)

  • Review compliance status with every permit

term

  • Many states have short form reporting - only

note exceptions

  • ACC review and reporting should include:
  • General Terms and Conditions (RMP, ODS)
  • Emission Unit Terms and Conditions
  • Unincorporated PTI Terms and Conditions
  • Requirements for Insignificant Emission Units
  • Federal regulations referenced in permit (NSPS,

MACT/NESHAP)

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Compliance Issues/Risks

  • Being unaware of regulatory change and

associated impact

  • Misinterpreting a requirement of a complex

regulation

  • Missing the applicability of a regulation
  • Making an operational change without

environmental impact assessment

  • Exceeding a regulatory limit
  • Recordkeeping issues (missing/incomplete)
  • Not completing a regulatory task on time
  • Missing a notification/reporting deadline
  • Permit expiration
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Tools for Tracking Regulatory Changes

  • Federal Register Go

https://public.govdelivery.com/accounts/USG POOFR/subscriber/new

  • Ohio EPA What’s New Webpage

http://www.epa.ohio.gov/dapc/whatsnew.aspx

  • Ohio EPA E-mail Subscription List

https://ohioepa.custhelp.com/app/utils/login_f

  • rm/redirect/account%252Fprofile
  • Regulatory Subscription Services (BNA,

RegScan)

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Inspections

Cincinnati, OH ♦ March 21, 2017 Mike Zimmer S heri Bussard Bill Haak

  • N. Operationalizing Air

Permit Compliance: Engaging Operations Personnel to Make Your EHS Job Easier

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What to Expect when You’re Inspected

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Reasons for an Inspection

˃ Public/ Employee complaints ˃ Follow-up from previous inspections ˃ Missing compliance reports ˃ Missing information from compliance reports

submitted

˃ Industry driven ˃ Collection of information ˃ National Enforcement Initiatives ˃ Routine (Maj or S

  • urce, Large Minor S
  • urces,

Agency emphasis)

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High Risk Chemicals Reported in TRI and RMP - Jun 15, 2016

Does your facility submit Form Rs or Form As for Toxic Release Inventory (TRI) reporting every year? Is your facility subj ect to the requirements under the Risk Management Program (RMP)?

A recent memorandum revealed that the Office of Inspector General (OIG) for the U.S . EP A plans to begin preliminary research to identify unregulated facilities using data from the TRI. The OIG’s overall obj ective is to determine how EP A uses TRI data to identify potentially unregulated facilities in its maj or media programs.

1.

Have TRI facilities meeting RMP criteria filed these plans with the EP A for all chemicals?

2.

Have TRI facilities identified as surface water dischargers received the required permits from the EP A or the delegated state?

3.

Have RMP filers and surface water dischargers subj ect to TRI reporting filed TRI reports?

https:/ / www.epa.gov/ sites/ production/ files/ 2016-03/ documents/ newstarts_03-11-16_toxicreleaseinventorydata.pdf
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3.14 tons released to air

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Question

˃ Who in this room has the same quantity

  • f air emissions reported to the S

tate (EIS / FER/ KyEIS ) and to the Toxics Release Inventory?

https://www.epa.gov/sites/production/files/2016‐03/documents/newstarts_03‐11‐16_toxicreleaseinventorydata.pdf

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https://echo.epa.gov/facilities/facility‐search/results

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Current NEIs (2017 – 2019)

1.

Reducing Air Pollution from the Largest S

  • urces

2.

Cutting Hazardous Air Pollutants (Expanded to include storage tanks)

3.

Keeping Industrial Pollutants Out of the Nation’s Waters (NEW)

4.

Reducing Risks of Accidental Releases at Industrial and Chemical Facilities (NEW)

5.

Ensuring Energy Extraction Activities Comply with Environmental Laws

6.

Keeping Raw S ewage and Contaminated S tormwater Out of the Nation’s Waters

7.

Preventing Animal Waste from Contaminating S urface and Ground Water

https:/ / www.epa.gov/ enforcement/ national-enforcement-initiatives

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Largest Sources

https://www.epa.gov/enforcement/national‐enforcement‐initiative‐reducing‐air‐pollution‐largest‐sources

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Largest Sources

https://www.epa.gov/enforcement/national‐enforcement‐initiative‐reducing‐air‐pollution‐largest‐sources

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Air Toxics

https://www.epa.gov/enforcement/national‐enforcement‐initiative‐cutting‐hazardous‐air‐pollutants

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http://www.theworldsbestever.com/2012/10/page/3/

Once an EPA Inspection is Announced…

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Once an EPA Inspection is Announced…

˃

Inform legal counsel

˃

Prep call prior to inspection

Attorney, environmental staff, outside consultants

˃

Meet with operations and engineering personnel to prep for the inspection

˃

Conduct inspection kick-off meeting to provide background information to inspectors

˃

Document all inspection activities

˃

Maintain list of all information provided to EP A – make copy

  • f each document for yourself

˃

Do not leave inspectors unattended

˃

Answer questions using appropriate terminology

˃

Hold daily status update calls with legal counsel

˃

Be a good host!

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General Steps of Inspection

Arrival and Entry Arrival and Entry Site Walk‐Through Site Walk‐Through Review of Records Review of Records End of Inspection End of Inspection

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Arrival and Entry

˃ Rights of entry are granted by;

S tatutes

Permit conditions

˃ Credentials

Required before access is granted

Feel free to request/ verify ID if not shown

˃

Address special situations immediately

Responsible personnel not on site

Ongoing emergency situations (process shutdowns, etc.)

˃

Access

Hazards

PPE requirements

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The Walk-Through

˃

Air Quality:

Point out permitted emission sources

Inspector may look for visible emissions

Dust/Particulates

˃

Stormwater / Oil Storage:

Oil sheens

Erosion/sedimentation

Outfalls

Stains and/or distressed vegetation

Secondary containment

˃

Hazardous Waste:

Storage areas

Hazardous waste tanks

Universal wastes

˃

Security and control of access

Lighting

˃

Property line

Noise

Odors

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The Walk-Through

˃ Direct interviews with facility

personnel

 Awareness of environmental

impacts

˃ Proper signs and labels

 S

crap material storage

 HW and Non-HW storage areas  Outfalls

˃ Environmental permits are

available

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Review of Records

˃ Organized

 Readily Available  Readily retrievable  Paper vs. Digital

˃ Location

 Control rooms  Office  Centralized

˃ Maintain a list of all documents provided to

inspectors and make a copy for your records

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Closing Meeting

˃ General comments

 Everything looks good  Minor “ things” detected

˃ Formal closing meeting

 S

ummary of Findings

 Discussion of further steps

♦ Due dates for submittal of information not

available

˃ Reports/ S

ummary of Inspection

˃ Cease and Desist Orders/ Field Citations

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SLIDE 42

After Inspection

˃ Identify areas of potential non-compliance

Audit or gap assessment to determine where things stand

˃ Make strides toward compliance prior to agency

response – take initiative

˃ Undertake “ supplemental” proj ect(s) ˃ Review industry- or regulatory-specific existing CDs

This provides insight toward potential requirements you may face

˃ Consider best practices to improve your compliance

programs

Be aware - implementation prior to consent decree likely leads to inclusion in your CD requirements

˃ Discussions with legal team

Keep them in the loop, their guidance is essential

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Minimize Enforcement Outcome

˃ Respond to NOV or other enforcement action

promptly and thoroughly.

Consider engaging legal counsel (e.g., to retrieve confidential documents, negotiate rule and statute requirements, etc.)

Consider engaging technical support (e.g., expedited review

  • f data, permits, retroactive applicability assessment,

performance of air dispersion modeling or risk analysis, etc.)

Request supporting documentation from Agency

Clarify facts surrounding the allegation(s)

Avoid being penalized twice for the same allegation

Respond quickly and meet with Agency in person

If necessary, amend permit

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Notes on OEPA Inspections

˃ Every 1-2 years for Title V sources

 Less often for minor sources

˃ Typically receive 1-2 weeks notice ˃ Typically a close-out meeting is held and

issues are discussed before seeing them in future correspondence

˃ Generally consist of facility walkthrough and

records review but will depend on how often inspector is at the site

˃ No news is good news

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Local Fallout from Flint

˃ Uptick in inspections ˃ Prompt issuance of Notices of Violation

(NOVs)

˃ NOV final resolutions:

 Resolution of Violation (ROV) – no penalties  Findings and Orders – includes penalties  Enforcement Action Request

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Questions?

Mike Zimmer - mzimmer@ trinityconsultants.com Trinity Covington Office 859-341-8100