region 2 college & university compliance initiative1 region 2's college & university...

Region 2 College & University Region 2 College & University Compliance InitiativeCompliance Initiative 11

Region 2's College & Region 2's College & University Compliance University Compliance

Initiative: Environmental Initiative: Environmental Results From An Integrated Results From An Integrated

StrategyStrategy

Leveraging Limited Resources Leveraging Limited Resources To Obtain Better ComplianceTo Obtain Better Compliance

Six Year Status Report

Academic Labs Rule

• Proposed Rule published in Federal Register– May 23, 2006

• 90 day public comment period– Originally ended August 21, 2006

• CSHEMA, C2E2, NACUBO and ACE asked for an extension of public comment period

• Public comment period extended– Ended September 20, 2006

111 Public Comments on Proposal

•66 individual colleges & universities•17 states/state groups•13 trade groups

– 8 academic - AAMC, ACS, CSHEMA, C2E2, COGR, HHMI, NACUBO/ACE, VESCO (13 VT schools)

– 5 non-academic

•6 federal government•9 other or no affiliation given

Main Points from C/U Comments• Applicability of Rule

– Expand to include CESQGs, teaching hospitals, photo labs, field labs, stockrooms

– Expand to include all HW on campus – dual regulation is too confusing• Performance-based Standards

– Proposal is too prescriptive to be truly performance-based• Clean-out Incentives

– Supportive of incentives for voluntary clean-outs– Allow CESQGs to do clean-outs without fully opting in

• Laboratory Management Plan– LMP should NOT be enforceable

• Other areas– Supportive of opt-in approach– Add consolidation area/super satellite area– Add working container– Eliminate LQG status based on 1 kg/month of acute HW– Allow one EPA ID# per campus– Allow treatment in the lab– Lab waste is MUCH more than 9% of C/U’s total HW

Main Points from State Comments• Applicability of Rule

– 5 states said to limit to C/Us only– 5 states said to expand to others with labs

• Performance-based Standards– 5 states said they are not enforceable; will lead to

inconsistent enforcement– 3 states said to add more prescriptive labeling

requirements• Clean-out Incentives

– 7 states said HW from clean-outs should be counted• LMP Enforceability

– 2 states said LMP should NOT be enforceable– 4 states said LMP should be enforceable

Main Points from Other Comments• Applicability of Rule

– Expand to include other facilities with labs• R&D labs (Government, commercial, non-profit), hospitals

– 2 said to expand to include all HW – dual regulation in “untenable”• Performance-based Standards

– Proposal is too prescriptive to be truly performance-based• Clean-out Incentives

– 4 supportive of incentives for voluntary clean-outs– 2 said clean-outs should be mandatory– 1 said HW from clean-outs should be counted

• Laboratory Management Plan– 4 said LMP should NOT be enforceable– 3 said LMP should be enforceable

• Other areas– Add consolidation area/super satellite area– Add working container– 2 said to allow treatment in the lab

If EPA Finalized as Proposed

• 2 states said they would adopt the rule

• 1 school said it would opt in

• 12 schools said they would NOT opt in

• 2 C/U trade groups said many schools are unlikely to opt in

EPA’s Next Steps

• Re-convene Agency workgroup for final rule phase

• Work toward Early Guidance with AAs• AA tasks workgroup with issues for

workgroup to focus on in final rule• Workgroup develops options and

recommendations for management• Management makes decisions regarding

final rule

Finalizing & Implementingthe Labs Rule• EPA prepares Final Rule• Final Rule is reviewed by OMB• Final rule is signed &

published in the Federal Register (Summer 2008)

• C/Us in AK, IA can implement the Labs Rule (not authorized)

• Other states get authorized for Labs Rule

• C/Us in authorized states can implement the Labs Rule

Contact Info for OSW Labs TeamKristin [email protected]

Trisha [email protected]

Meg [email protected]

Jessica [email protected]

mailto:[email protected]





Goals For Compliance Goals For Compliance InitiativeInitiative

• Improve environmental compliance and Improve environmental compliance and safety at main and off-site facilities.safety at main and off-site facilities.

• Change the culture to one in which Change the culture to one in which environmental compliance is a priority.environmental compliance is a priority.

• Ensure compliance of entire sector; not Ensure compliance of entire sector; not just those reached through inspections.just those reached through inspections.

• Ensure continued compliance by Ensure continued compliance by implementing permanent changes.implementing permanent changes.


ApproachApproach• Region 2 combined the following strategies Region 2 combined the following strategies

to address compliance issues in this sector:to address compliance issues in this sector:– Compliance assistanceCompliance assistance– Compliance incentives (voluntary Compliance incentives (voluntary

audit/disclosure)audit/disclosure)– Compliance monitoringCompliance monitoring– EnforcementEnforcement– Pollution preventionPollution prevention– Environmental management systems (EMS)Environmental management systems (EMS)


Results: Compliance Monitoring & Results: Compliance Monitoring & Incentives ProgramsIncentives Programs

Colleges & Universities

Universe375

Inspections79

Enforcement Actions62

Formal Enforcement Actions 26 ($3,815,048)

Settlements 24 ($781,305)

Audit Agreements 16

Voluntary Disclosures144 ($22,173,380 for 129

resolved)

Violations Corrected 1717


05

10

1520

25

3035

40

4550

FY2001

FY2002

FY2003

FY2004

FY2005

FY2006

% EPAInspectionsLeading toComplaints

PE

RC

EN

T /

YE

AR


University and College SEPsUniversity and College SEPs

• 11 settlements include SEPs11 settlements include SEPs

• Range from $26,000 to $270,000Range from $26,000 to $270,000

• Total value of SEPs = $1,810,297 Total value of SEPs = $1,810,297


Types of SEPsTypes of SEPs– Chemical Tracking & Control SystemsChemical Tracking & Control Systems– Mini/Micro-Scale ChemistryMini/Micro-Scale Chemistry– Solvent Recovery SystemsSolvent Recovery Systems– Other Equipment/Technology Other Equipment/Technology

ModificationsModifications– Environmental Compliance PromotionsEnvironmental Compliance Promotions– Environmental Management SystemsEnvironmental Management Systems


Results:Results:Environmental BenefitsEnvironmental Benefits

Program Environmental Benefits from Disclosures

RCRA More than 525,736 lbs/year of hazardous waste is now being managed properly because colleges have self-disclosed violations and corrected mismanagement.

SPCC At least 984,650 gallons of oil are now being managed properly.

TSCA At least 206 residential units now in compliance with lead-based paint rules.

CAA At least 6,100 pounds of chlorofluorocarbons now being appropriately managed.


Root Causes Of Root Causes Of NoncomplianceNoncomplianceSystemic violations appear to stem from:Systemic violations appear to stem from:• Inadequate resources for people, Inadequate resources for people,

equipment and training to carry out equipment and training to carry out environmental activities;environmental activities;

• Limited or no environmental compliance Limited or no environmental compliance accountability for individual accountability for individual departments, laboratories, and staff;departments, laboratories, and staff;

• Limited authority vested in Limited authority vested in environmental compliance officials;environmental compliance officials;


Root Causes Of Root Causes Of NoncomplianceNoncompliance• No clear environmental compliance chain-No clear environmental compliance chain-

of-command;of-command;• Scattered, incomplete, and missing Scattered, incomplete, and missing

environmental compliance environmental compliance documentation;documentation;

• Incomplete institutional knowledge Incomplete institutional knowledge regarding environmental regulatory regarding environmental regulatory requirements; andrequirements; and

• Broad use of hazardous materials when Broad use of hazardous materials when effective substitutes existeffective substitutes exist


College & University ViolationsCollege & University Violations20072007

Breakout of Violations from C/U Disclosures

SDWA Violations4%

EPCRA Violations2%

CAA Violations22%

CWA Violations4%

TSCA Violations1%

RCRA Violations67%


College & University RCRA College & University RCRA Violations - 2007Violations - 2007

Breakout of RCRA Violations from C/U Disclosures

Accumulation Time2%

Manifest 6%

ID of HW 26%

Generator Requirements1%

UST 2%

Container Management39%

Universal Waste16%

General Facility Standards7%


College & University CAA College & University CAA Violations 2007Violations 2007

Breakout of CAA Violations from C/U Disclosures

SIP (including MACT, NESHAPS,

& Title V) 56%

CFCs 37%

Asbestos 7%


Survey OverviewSurvey Overview

• 61 colleges61 colleges completed and returned the completed and returned the audit survey audit survey

• 18,345 faculty are reported to be working 18,345 faculty are reported to be working at these facilitiesat these facilities

• 25,922 staff are reported to be working at 25,922 staff are reported to be working at these facilitiesthese facilities

• 399,498 students are reported to attend 399,498 students are reported to attend these facilitiesthese facilities

• 2191 facilities are reported to compose 2191 facilities are reported to compose these 61 collegesthese 61 colleges


What best describes your status with the Audit Initiative?

4%16%

60%

20%

No, did notparticipate in AuditPolicy

Yes, audited withoutcommunicating withEPA

Yes, signed an AuditAgreement with EPARegion 2

Yes, voluntarily self-disclosedcompliance issues


Understanding Of Waste Understanding Of Waste Management Regulations Management Regulations Before And After Before And After Compliance Initiative (42% - 97%)Compliance Initiative (42% - 97%)

Before

High42%

None2%

Some56%

After

Some3%

High97%


Understanding Of Above Understanding Of Above Ground Storage Tank Ground Storage Tank Regulations Before And After Regulations Before And After Compliance Initiative (46 - Compliance Initiative (46 - 91%)91%)

Before

High46%

None4%

Some50%

After

High91%

Some9%


Understanding Of Under Understanding Of Under Ground Storage Tank Ground Storage Tank Regulations Before And After Regulations Before And After Compliance Initiative (51% - Compliance Initiative (51% - 90%)90%)

Before

High51%

Some47%

None2%

After

High90%

Some8%

None2%


Understanding Of Clean Air Act Understanding Of Clean Air Act Regulations Regulations Before And AfterBefore And AfterCompliance Initiative (34% - Compliance Initiative (34% - 83%)83%)

Before

High34%

None5%

Some61%

After

High83%

Some17%


Understanding Of Wastewater Understanding Of Wastewater Discharge Regulations Discharge Regulations Before And After Before And After Compliance Initiative (44% - Compliance Initiative (44% - 74%)74%)

Before

High44%

None14%

Some42%

After

High74%

Some26%


Understanding Of Spill Understanding Of Spill Prevention Control Prevention Control Countermeasure Plans Countermeasure Plans Before And AfterBefore And AfterCompliance Initiative (33% - Compliance Initiative (33% - 87%)87%)

Before

High33%

None18%

Some49%

After

High87%

Some13%


Understanding Of Toxic Understanding Of Toxic Substances Control Act Substances Control Act Before And AfterBefore And AfterCompliance Initiative (43% - Compliance Initiative (43% - 75)75)

Before

High43%

None3%

Some54%

After

High75%

Some25%


Understanding Of Pesticide Understanding Of Pesticide Regulations Before And AfterRegulations Before And AfterCompliance Initiative (49% - Compliance Initiative (49% - 79%)79%)

Before

High49%

None7%

Some44%

After

High79%

None2%

Some19%


What types of changes has your College/University made as a result of the Compliance Initiative?

12%

13%

8%

13%13%

12%

8%

8%5%

8%

Changed record keeping

Im proved hazardous was telabeling, m anifes ting

Subm itted new or revised perm itapplications , letters , form s toEPAAdditional training ofem ployees /s taff

Changed the s torage or handlingof a was te

Changed a process or practice

Changed facility operations orm aintenance

Changed m onitoring, sam pling,tes ting procedures

Cons idered EMS

Im plem ented m aterial or was terecycling sys tem


What types of changes does your College/University intend to make as a result of the Compliance

Initiative?

8%

7%6%10%8%

15%

4%

6%

6%

30%

Changed record keeping

Improved hazardous waste labeling,manifesting

Submitted new or revised permitapplications, letters, forms to EPA

Additional training of employees/staff

Changed the storage or handling of awaste

Changed a process or practice

Changed facility operations ormaintenance

Changed monitoring, sampling,testing procedures

Considered EMS

Implemented material or wasterecycling system


Top $$ Saving ActivitiesTop $$ Saving ActivitiesRMW management/segregationRMW management/segregation $350,000$350,000

Upgrade surface coating spray Upgrade surface coating spray painting operationspainting operations

$35,000$35,000

Retrofit heating plant to allow Retrofit heating plant to allow summer shutdownsummer shutdown

$30,000$30,000

Reduction in disposal, storage, & Reduction in disposal, storage, & management costs by reducing on-management costs by reducing on-hand chemical storagehand chemical storage

$10,000$10,000

Consolidation of photo processing Consolidation of photo processing operationsoperations

$10,000$10,000


Top $$ Saving ActivitiesTop $$ Saving ActivitiesRetrofit library air system with Retrofit library air system with variable speed drivesvariable speed drives

$6,500$6,500

Computerized chemical inventory – Computerized chemical inventory – avoided unnecessary purchasesavoided unnecessary purchases

$5,000$5,000

Used rag service to launder oily Used rag service to launder oily ragsrags

$3,000$3,000

Installed silver recovery systemInstalled silver recovery system $1,750$1,750

Installed high-efficiency motors, up-Installed high-efficiency motors, up-graded light fixtures to t-8’s, and graded light fixtures to t-8’s, and new electronic ballastsnew electronic ballasts

$1,400$1,400


Top Five Pollutant ReductionsTop Five Pollutant ReductionsRMW SegregationRMW Segregation 475 tons475 tons

Upgrade surface coating spray Upgrade surface coating spray painting operations – reduce HWpainting operations – reduce HW

5.2 tons5.2 tons

Used rag service to launder oily Used rag service to launder oily ragsrags

10,000 lbs10,000 lbs

Upgrade printmaking screen Upgrade printmaking screen washing process – also reduced 800 washing process – also reduced 800 lbs VOCs & HAPs/yrlbs VOCs & HAPs/yr

5,000 lbs 5,000 lbs corrosive corrosive oxidesoxides

Implement solvent recyclingImplement solvent recycling 40% 40% reductionreduction


Five Simple Waste Five Simple Waste Reduction ActivitiesReduction Activities• Install automatic light sensorsInstall automatic light sensors• Install water saver plumbing fixtures Install water saver plumbing fixtures • Send kitchen grease to a reclamation Send kitchen grease to a reclamation

facilityfacility• Switch from disposable to reusable plates, Switch from disposable to reusable plates,

eating utensils, and cups for cafeteria eating utensils, and cups for cafeteria servicesservices

• Reduce the use of disposable cleaning Reduce the use of disposable cleaning materialsmaterials


Did you encounter roadblocks with the cost of compliance?

Definite roadblocks

14%

No roadblocks

36%

Some issues, but no major

issues50%


Did you encounter roadblocks encountered with lack of

knowledge of regulations?Definite

roadblocks10%

No roadblocks

37%

Some issues, but no major issues53%


Did you encounter roadblocks with overall time and

commitment?

Definite roadblocks

22%

No roadblcoks

33%

Some issues, but not major

45%


How much time was required to complete the correction of all

areas of non-compliance?

More than 120 days,

36%

More than 60 days but

less than 120 days,

29%

Within 60 days, 35%


Did you encounter roadblocks with cooperation of

faculty/staff/students?

Definite roadblocks

13%

No roadblocks

33%

Some issues, but not major

54%


What influenced you to participate in an Audit Agreement

or self-disclosure?

Penalty reductions

21%

Avoid enforcemen

t action44%

Moral responsibili

ty26% SUNY

agreement9%


Reported College & University Reported College & University Audit CostsAudit Costs

• Average cost of audit is $44,012Average cost of audit is $44,012

• Average cost of audit without 5 most Average cost of audit without 5 most expensive (>$100,000) is $13,331expensive (>$100,000) is $13,331

• Average cost of compliance is $124,788Average cost of compliance is $124,788

• Average cost of compliance without 7 Average cost of compliance without 7 most expensive (>$100,000) is $23,047most expensive (>$100,000) is $23,047


Does your institution have a formal Environmental

Management System (EMS)?

No73%

Yes27%


If an EMS is not in place, are you considering adopting an EMS?

Not planned9%

Planned23%

Under consideration

68%


If an EMS is not in place, what are the roadblocks?

Time7%Other

17%

Insufficient technical resources

32%

Lack of managemen

t support7%

Cost consideratio

n43%


Did the Compliance Initiative/self-audit play a role in the decision to implement an EMS or modify an existing

EMS?No

20%

Yes80%


Goals For Compliance Goals For Compliance InitiativeInitiativeImprove environmental compliance and Improve environmental compliance and

safety at main and off-site facilities.safety at main and off-site facilities.Change the culture to one in which Change the culture to one in which

environmental compliance is a priority.environmental compliance is a priority.Ensure compliance of entire sector; not Ensure compliance of entire sector; not

just those reached through inspections.just those reached through inspections.Ensure continued compliance by Ensure continued compliance by

implementing permanent changes.implementing permanent changes.

region 2 college & university compliance initiative1 region 2's college & university...

Documents

incentives7 states

proposed2 states

enforceable4 states

cus only5 states

hw dual regulation

photo labs

field labs

labsrd labs government