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.
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
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 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
(including extensive experience in air pollution control law and multi-media environmental compliance).
EHS field (plus security and crisis management).
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
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.
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
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.
Session N
March 21, 2017
Haak Law LLC
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
HAAK LAW LLC
Environmental, Health & Safety Legal and Consulting Services William H. Haak Tel: 216.772.3532 whh@haaklawllc.com
Presented by:
Sheri Bussard Environmental Engineer - Utilities University of Cincinnati
water for cooling to 100+ UC buildings and several hospitals
(major sources)
process
document
applicable air pollution control requirements for entire site
applicable air pollution control requirements for entire site
reporting requirements
PERMIT REQUIREMENTS
Applicable Requirement Compliance Strategy Monitoring/Recordkeeping Reporting Testing GAS: SO2 emissions ≤ 0.6 lb/MMcf
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
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
and frequency
frequency
for completion and completeness
action
term
note exceptions
MACT/NESHAP)
Cincinnati, OH ♦ March 21, 2017 Mike Zimmer S heri Bussard Bill Haak
Permit Compliance: Engaging Operations Personnel to Make Your EHS Job Easier
˃ 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
Agency emphasis)
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.pdf3.14 tons released to air
˃ Who in this room has the same quantity
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
https://echo.epa.gov/facilities/facility‐search/results
1.
Reducing Air Pollution from the Largest S
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
https://www.epa.gov/enforcement/national‐enforcement‐initiative‐reducing‐air‐pollution‐largest‐sources
https://www.epa.gov/enforcement/national‐enforcement‐initiative‐reducing‐air‐pollution‐largest‐sources
https://www.epa.gov/enforcement/national‐enforcement‐initiative‐cutting‐hazardous‐air‐pollutants
http://www.theworldsbestever.com/2012/10/page/3/
˃
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
˃
Do not leave inspectors unattended
˃
Answer questions using appropriate terminology
˃
Hold daily status update calls with legal counsel
˃
Be a good host!
Arrival and Entry Arrival and Entry Site Walk‐Through Site Walk‐Through Review of Records Review of Records End of Inspection End of Inspection
˃ 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
˃
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
˃ 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
˃ 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
˃ 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
˃ 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
˃ 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
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
˃ 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
˃ 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
Mike Zimmer - mzimmer@ trinityconsultants.com Trinity Covington Office 859-341-8100