environmental risk management for massachusetts municipal facilities mmfa 2017

Understanding and Managing Environmental Risks for Municipal Facilities

PREPARED BY

Suzanne L. Pisano, P.E., LEED AP

Jennifer A. Pisani, E.I.T.

GEOINSIGHT.COM | 978. 679-1600

http://www.geoinsight.com/services/compliance-ehs/


• WHAT ARE THE CONSEQUENCES OF NON-COMPLIANCE?

• COMPLIANCE 101:

• Discuss select environmental regulations/requirements.

• COMMON PITFALLS BASED ON OBSERVED ENVIRONMENTAL RISKS.

• HOW TO MANAGE THE ENVIRONMENTAL RISKS.

Introduction



What are some of theconsequences of non-compliance for Municipal and State Facilities?

DEFINING CONSEQUENCES FOR MUNICIPAL FACILITIES



PUBLIC RELATIONS



“…A heating oil tank leaked its entire contents on Sunday night at the

secondary school. Firefighters were called to the scene at approximately

6:45 p.m., but were too late to do anything about the spill.”

ENVIRONMENTAL REMEDIATION



FINES/PENALTIES



ENVIRONMENTAL COMPLIANCE 101

So many regulations…so little time



Emergency Planning and Community Right-to-Know Act(EPCRA) Annual Tier II Reporting


GOAL: Identify the hazardous substances located at the facility for emergency responders to develop contingency planning and provided necessary response resources.

THRESHOLD: Identify materials stored with a Safety Data Sheet (SDS) in 10,000 pounds or more or extremely hazardous substance (EHS) at a Threshold Planning Quantity (TPQ) or 500 pounds whichever is less.

REQUIREMENT: Alert authorities to how much and wherematerials are stored to allow them to prepare the emergency responders and focus response efforts through an annual report due March 1st

of each year.



Emergency Planning and Reporting (EPCRA) Tier II


GOAL: Identify the hazardous substances located at the facility for emergency responders to develop contingency planning and provided necessary response resources

THRESHOLD: Identify materials stored with a Safety Data Sheet (SDS) in 10,000 pounds or more or extremely hazardous substance (EHS) at a Threshold Planning Quantity (TPQ) or 500 pounds whichever is less.

REQUIREMENT: Alert authorities to how much and wherematerials are stored to allow them to prepare the emergency responders and focus response efforts through an annual report due March 1st

of each year

Public entities are EXEMPT from EPCRA Tier II reporting unless they store an

Extremely Hazardous Substance (EHS) at a reportable threshold.




GOAL: Control/prevent the release of specific air contaminants that can impact the environment or human health.

THRESHOLD: Quantity and type of emissions emitted defines permit thresholds. Environmental Results Program (ERP) regulates:• 37kW+ emergency generator,

fire pump, or other engines;• 50 kW+ non-emergency

engine; and• Fuel burning boilers rated at

between 10 MMBtu/hr and 40 MMBtu/hr.

Refrigerant management is required for equipment containing 50 lbs of an ozone depleting substance.

REQUIREMENT: Permitting which includes recordkeeping, tracking of emissions, reporting, and maintenance programs. ERP requires certifications of equipment and emissions. Refrigerant management requires specific operational controls, recordkeeping, and reporting.

Air Emission Regulations – Permitting and/or Program development (i.e., Refrigerant Management)




GOAL: Assist MassDEP with filing annual reports with United States Environmental Protection Agency.

THRESHOLD: SR is dependent on equipment design. Typical trigger is 10 MMBtu/hr for an individual fuel burning emission source. GHG is required for facilities that emit more than 5,000 tons carbon dioxide equivalent (CO2e) per year and/or are regulated under Title V of the U.S. Clean Air Act.

REQUIREMENT: SR may be annual or triennial reporting, which is defined by MassDEP. Could be due in April, May, June or July. GHG is annual reporting.

Air Emission Regulations – Reporting (i.e., Source Registration [SR] and Greenhouse Gas [GHG])




GOAL: Prevent the improper disposal of hazardous waste.

THRESHOLD: Depends on your monthly generation rate.

REQUIREMENT: Characterization of waste streams, generator management, and proper disposal. • Container type and

management, including labeling.

• Storage requirements, including quantity and accumulation time limits.

• Inspections.• Training.• Reporting and Contingency

Planning for LQGs.

Resource Conservation and Recovery Act (RCRA) and MassDEP Hazardous Waste Regulations [310 CMR 30.00]

Status Category

Monthly Hazardous Waste Generation Rate

(lbs/month)

VSQG <220 (~27 gal)SQG 220 – 2,200

LQG >2,200 (~270 gal)




GOAL: prevent the improper disposal of hazardous substances

THRESHOLD: depends on your monthly generation rate

REQUIREMENT: characterization of waste streams, generator management, and proper disposal. • Container type and

management including labeling

• Storage requirements including quantity and accumulation time limits

• Inspections• Training• Reporting and Contingency

Planning for LQGs

Resource Conservation and Recovery Act (RCRA) Hazardous Waste Regulations [310 CMR 30.00]

Waste oil is classified as a hazardous waste in Massachusetts. Generators must register

separately forRCRA waste and Waste Oil.



Spill Prevention Control and Countermeasure (SPCC) Rule [40 CFR 112]


GOAL: Establish procedures to prevent the release of oil to waterways.

THRESHOLD: 1,320 gallons of aggregate aboveground storage of oil (includes transformers and cooking oils) or 42,000 gallons of underground storage of oil.

REQUIREMENT: Development of a SPCC Plan which includes:• Inventory of regulated

devices and evaluation of potential release scenarios;

• Implementation of spill containment and prevention measures;

• Identification of reporting requirements;

• Annual training; and• Inspections.



Spill Prevention Control and Countermeasure (SPCC) Rule [40 CFR 112]


GOAL: establish procedures to prevent the release of oil to waterways

THRESHOLD: 1,320 gallons of aggregate aboveground storage of oil (includes transformers and vegetable oil) or 42,000 gallons of underground storage of oil

REQUIREMENT: Development of a SPCC Plan which includes:• Inventory of regulated

devices and evaluation of potential release scenarios

• Implementation of spill containment and prevention measures

• Identifies reporting requirements

• Annual training• Inspections

SPCC Plans may need to be certified by a Professional Engineer.




GOAL: Prevent tank failures and releases to the environment.

THRESHOLD: Facilities with underground storage tank(s) and/or 10,000 gallon or more aboveground storage tank not holding water.

REQUIREMENT: Establishes standards for tank design, inspection, compliance certification, and maintenance.

Aboveground and Underground Tank Regulations[527 CMR 1.00 and 310 CMR 80.00]




GOAL: Regulates the maximum quantities of flammable and/or combustible materials stored.

THRESHOLD: Dependent on type and quantity of flammable/ combustible material stored.

REQUIREMENT: Annual permit for storage and fees with local fire department.

Flammable/Combustible Material Storage Permit [527 CMR 1.00]



National Pollutant Discharge Elimination System (NPDES) for regulating wastewater discharges


GOAL: Prevent the discharge of contaminated wastewater to waters of the United States.

THRESHOLD: Dependent on type of Wastewater Treatment Facility and discharging waterbody.

REQUIREMENT: Discharge limits and conditions for discharges from municipal wastewater treatment facilities to waters of the United States. Regulates sources of nondomestic wastewater discharged to a POTW under the National Pretreatment Program.



National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4s)


GOAL: Prevent harmful pollutants from being washed or dumped into MS4s.

THRESHOLD: Conveyance systems owned by a public entity that discharge to waters of the United States located within an urbanized area as defined by the U.S. census.

REQUIREMENT: Develop Stormwater Management Program (SWMP). The SWMP describes the best management practices that will be implemented consistent with permit requirements. Includes annual reporting on program development and implementation.





GOAL: prevent harmful pollutants from being washed or dumped into MS4s

THRESHOLD: conveyance systems owned by a public entity that discharge to a waters of the United States located within an urbanized area as defined by the U.S. census

REQUIREMENT: develop Stormwater Management Program (SWMP) for regulating stormwater. The SWMP describes the stormwater control practices that will be implemented consistent with permit requirements to minimize the discharge of pollutants from the sewer system. Includes annual reporting on program development and implementation

New small MS4 permit was issued and permit effective date was

postponed to July 1, 2018.



Let’s Take a Walk Around a Municipal or State Facility to Review Areas of Environmental Risk

IDENTIFYING KEY ISSUES THAT CREATE ENVIRONMENTAL RISKS



Industrial Grade BatteriesCOMMON PITFALLS:

o Batteries contain sulfuric acid, which is considered an Extremely Hazardous Substance (EHS) and therefore subject to a Tier II reporting threshold of 500 pounds (i.e., 2,500 lbs of batteries).

o Heavy equipment, such as forklifts, floor washers, Zamboni, etc.

o Emergency engines with startup battery packs.

o IT Departments have Uninterrupted Power Source (UPS) units.



Comfort Cooling Systemso Use CFCs which are ozone

depleting chemicals.

o Do you rely on contractors to maintain required service records?

o Are the records complete?

o Do you have an inventory of all equipment with a charge of 50 pounds or greater?

o Are internal personnel trained and certified as Refrigerant Technicians?



StacksCOMMON PITFALLS:

o Regulated by Clean Air Act and state air permit programs.

o Contributes to a “condition of pollution”.

o Required to minimize emission impacts to sensitive receptors (i.e., people, windows and doors that open, and building fresh air intakes).

o Newer standards for particulate matter (from fuel burning).

o Modeling may be required to confirm appropriate stack design.



Stationary Combustion Systems

WHAT’S WRONG HERE?



Internal Combustion Engines/GeneratorsCOMMON PITFALLS:

o New regulatory emphasis.

o Older units that have not been permitted, must meet current emission standards.

o New standards for operating time limitations, fuel types, and maintenance.



PURCHASING ENGINES/GENERATOR

THAT IS COMPLIANT WITH FEDERAL

STANDARD MAY NOT MEET THE MORE

STRINGENT MASSDEP ERP REQUIREMENTS

Internal Combustion Engines/Generators



Boiler RoomCOMMON PITFALLS:

o New regulatory emphasis.

o New standards for fuel type, maintenance procedures, and energy assessment.

Do you know your current permit limit

requirements?

Modifications/addition of new units often not included in permit.



COMMON PITFALLS:

o We often don’t know what is in storage/use.

o How can we prepare to respond to a release?

o How can we protect students, residents, and/or employees?

o “Legacy” chemicals can be highly hazardous.

Chemical Storage in Labs



Hazardous Waste Storage Areas

COMMON PITFALLS:

o Containment regulations.

o Materials may be released to the environment.

o Regulations mandate labeling and accumulation standards (high incidence of non-compliance).

o Materials may not be compatible.

“Most of our waste is provided with secondary containment”

“Since we have containment

pallets, we just put everything

on them”



Hazardous Waste GARAGE

COMMON PITFALLS:

o Waste oil is regulated as hazardous waste (toxic).

o Filters must be drained following specific procedures.

o Burning of oil in waste oil heaters is regulated to prevent the release of toxic air emissions.



Universal WasteCOMMON PITFALLS:

o No designated storage area.

o Open storage containers.

o Not dated with accumulation start date.

o Universal waste is restricted to one year of accumulation.

TYPES OF UNIVERSAL WASTE• BATTERIES• PESTICIDES• MERCURY-CONTAINING

EQUIPMENT• MERCURY LAMPS



SPCC Plan

“We don’t need containment, it’s

indoors”



SPCC PlanABOVEGROUND STORAGE TANKS (ASTS) COMMON PITFALLS:

• Release scenarios may not have been evaluated.

• Floor drain located adjacent to tank.

• Home heating oil “type” tanks are regulated.

• When is the last time the ASTs were inspected?

• State AST design requirements may not be met.



SPCC Plan SECONDARY CONTAINMENT

ISSUES:

• Required for tanks and containers 55 gallons or greater.

• Emergency spill equipment not stored nearby.

• Storing other smaller containers in a secondary containment area takes up space thereby not meeting the 100% containment rule.

The tank has been there for 50 years

We don’t need containment, it’s indoors!

It’s just a small heating oil tank, similar to what’s

in a house

We don’t need a SPCC plan because there is no way it can

make it to waterways

These tanks are “grandfathered”

When is the last time you inspected these tanks?



SPCC Plan - Virgin/Waste Cooking Oil Storage

Regulated under SPCC program



SPCC Plan - TransformersREGULATED UNDER SPCC PROGRAM

CONSIDERATIONS:• Who owns the transformers?• How much dielectric fluid is stored in each unit?• Who does the maintenance?• How do you respond to a fire, explosion, or

release?• Could a release reach waterways?• “Protected” from vehicular impact.



SPCC Plan and/or MassDEP RuleUNDERGROUND STORAGE TANKS (USTS)

COMMON PITFALLS:

• Do you have accurate/immediate data regarding the inventory or a release?

• Do you know how to operate your leak detection system?

• If there is an alarm, would you hear it?

USTs greater than 42,000 gallons regulated under SPCC program



Flammable Storage

Area

COMMON PITFALLS:

o We don’t know what is in the inventory.

o Incompatibles potentially stored together.

o Hazard information not readily available.

o Increases potential of fire hazard.

o May be unprepared for a response.

o Gas cylinders not marked or secured.



Wastewater Discharge

COMMON PITFALLS:

o May discharge to a dry well, oil-water separator, storm drain, or stream.

Do you know where this discharges?



COMMON PITFALLS:

o Oils/chemicals may end up in storm drains/streams.

o Some detergents are toxic.

Janitorial Wastewater HOW IS WASTEWATER DISPOSED?



Stormwater OutfallsCONSIDERATIONS:

• Do you know where your stormwater outfalls are located?

• If there you had a release, how would you contain it?



Ice Rink

ISSUES:

o Highly toxic gas.

o Faulty alarms or alarms that can not be heard unless in compressor room.

o Lack of preparation in the event of a release.

o Lack of response training.

o Older equipment.

USES ANHYDROUS AMMONIA



• Not maintaining training programs.

• Not transferring information when a new manager starts.

• Thinking you are “exempt” as a State Facility.

• Dealing with communication/accountability issues.

• Having non-centralized management for environmental matters.

• Limiting the authority of the environmental compliance personnel.

• Not having adequate resources (i.e., staff and money).

Common Compliance Pitfalls



MANAGING ENVIRONMENTAL RISKS

So now what?



COMPLETE AN AUDIT

• Self-audits to review the status of existing programs.

• Review of operations for applicability of the rules.

• Third-party audits of operations.

Take away – Audit Programs



USEPA AUDIT POLICY• Safeguards human health and the environment by providing several major incentives for

regulated entities to voluntarily discover and fix violations of federal environmental laws and regulations.

1. Significant penalty reductions.

2. No recommendation for criminal prosecution.

3. No routine requests for audit reports (EPA has not and will not routinely request copies of audit reports to trigger enforcement investigations).

• Requires 21-day notification of non-compliance once found and 60-days to complete corrective actions.

Take away – Regulatory Self-Disclosure



MASSDEP ENVIRONMENTAL AUDIT POLICY (POLICY ENF-07.002)• It is intended to promote a higher standard of self-policing by reducing

penalties and refraining from recommending prosecution for violations that are discovered through voluntary audits, compliance management systems or other activities that demonstrate due diligence, and that are promptly disclosed and expeditiously corrected.

• Similar to USEPA audit policy program.

• Some programs are not included (i.e., TURA, ERP).

Take away – Regulatory Self-Disclosure



DEVELOP A SIMPLE ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)• Take inventory of Facilities and applicable regulations.

• Develop a compliance calendar of your regulatory requirements.

• Centralize your recordkeeping for your programs.

• Establish a routine training schedule.

Take away – Simplify your EMS



Managing EHS Risks

BECOME INFORMED

• Use internal resources.

• Maintain your audits.

• Educate yourself – use external resources.

• Ask for help.



Managing Environmental Risks

BE AWARE OF THE “ENVIRONMENTAL” CONSEQUENCES

• Know were your drains discharge to.

• Manage, use, and dispose of chemicals/materials properly.

• Meet your environmental inspection, reporting, tracking responsibilities – take them seriously.

• Identify opportunities for pollution prevention.



SUZANNE PISANO, P.E., LEED AP

DIRECTOR OF COMPLIANCE

JENNIFER PISANI, E.I.T.COMPLIANCE PROJECT MANAGER

Questions?


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