EPA SELF AUDIT PROGRAM. Communication Plan September 2001

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1 EPA SELF AUDIT PROGRAM Communication Plan September 2001

2 BACKGROUND I. REGULATORY EXPECTATIONS II. EPA SELF AUDIT POLICY III. ENV. MANAGEMENT SYSTEMS

3 EPA vs Higher Education (who let the dogs out?)

4 COMPLIANCE HISTORY Boston U: $2.3 million U. of Hawaii: $2.1 million MIT: $350,000 U. of New Hampshire: $380,000 Yale: $350,000 Region 3: $50,000-$400,000

5 EPA (philosophy for higher education) Commitment of resources to comply High expectations Obligation to train future citizens Senior management support - must be more than good intentions Environmental Management Systems

6 EPA REGULATORY PROGRAMS RCRA - Hazardous waste/universal waste Underground Storage Tanks SPCC Plans (Oil spills) Clean Air Act - NSPS (Boilers) Clean Air Act - Ozone depleting substances

7 EPA REGULATORY PROGRAMS NESHAPS (Asbestos) TSCA (PCB s) Risk Management Plans FIFRA (Pesticides) Lead Based Paint Disclosure Rule

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19 EPA SELF AUDIT SELF DISCLOSURE (Incentives for Self Policing)

20 EPA VIOLATIONS GRAVITY BASED PENALTIES ECONOMIC BENEFIT PENALTIES

21 Self Audit - Goals Environmental protection Regulatory compliance Avoid monetary penalties Minimize adverse publicity Control of the process??? - implement compliance programs without an ACO

22 Root Causes of Noncompliance Lack of culture to attain/maintain compliance Lack of systems to achieve compliance Lack of adequate audit / oversight functions

23 EPA SELF AUDIT POLICY (Conditions) Systematic Discovery Voluntary Discovery Prompt Disclosure Independent of Government/Third Party Correction and Remediation

24 EPA SELF AUDIT POLICY (Conditions) Prevent Recurrence No Repeat Violations Other Violations Excluded (serious harm to human health or the environment ) Cooperation

25 AUDIT POLICY Other violations excluded - significant harm to human health or the environment Corrective actions - must certify Prevent recurrence Cooperation

26 SELF DISCLOSURE issues / concerns Expectations of the EPA Complexity of the regulatory requirements Size, scope of Rutgers

27 SELF DISCLOSURE issues / concerns Need to ensure comprehensive corrective actions Cooperation of the University community Economic benefit penalties

28 EPA SCHEDULE 1. Complete audit agreement (Oct. 2001) 2. Establish audit criteria / Identify staff and consultants (Oct. 2001) 3. Perform audits (Oct. - June 2001)

29 EPA SCHEDULE 4. Submit disclosures March, June Continue audits / corrective actions June - Dec Establish EMS Oct Dec. 02

30 SELF AUDIT CONCERNS Time, effort, expense to do the audits Cost of corrective actions Resources to maintain compliance Potential for adverse publicity Ability to negotiate agreement with EPA Unknown course of action (no precedent with academic institutions)

31 What do we expect? Prediction is very difficult, especially about the future. Niels Bohr

32 Environmental Performance A need for a systems approach

33 Environmental Management System Provides a framework to achieve: Compliance Environmental Protection Pollution Prevention Continuous improvement

34 Environmental Management System I. POLICY STATEMENT II. PLANNING III. IMPLEMENTATION/OPERATIONS IV.ASSESSMENT AND CORRECTION V. MANAGEMENT REVIEW

35 Why an EMS? Lack of organizational infrastructure for compliance with environmental reqmts. Poor delineation of roles, responsibilities, and accountability for compliance Lack of adequate systems for Env. Mgt.

36 EMS-what should it do? Manage environmental performance Ensure Compliance / Prevent releases Create accountability (in a decentralized academic research culture)

37 Environmental Management System EMS Self Assessment Checklist - Campus Consortium for Environmental Excellence EMS Primer for Federal Facilities - Office of Environmental Policy and Assistance, USDOE and EPA ISO EMS Guide for Small Laboratories

38 Keep things in perspective! Protect People Protect the Environment Comply with Regulations

39 It s hard to run forward while you re looking behind you. Jeff van Gundy (Coach, NY Knicks)

40 For more information: (EPA Activities) (Main EPA web site) tml (Region 1 web site for colleges)

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43 Why is Hazardous Waste Management Important to Rutgers? Academic and biomedical research at the University results in the generation of large quantities of waste materials. A large portion of the University s research wastes meet EPA s definition of hazardous waste. Protect faculty/staff/students/neighbors from potential hazards posed by these materials. Protect the environment from potential hazards posed by these materials. Comply with regulatory requirements.

44 Why is Hazardous Waste Management Important to Rutgers Right Now? EPA has recently undertaken a large enforcement campaign against educational institutions for violating environmental statues, including RCRA. Enforcement action has resulted in issuance of large fines and damaging publicity for New England and Mid-Atlantic Schools.

45 Recent EPA Quotes... It has come to our attention that some colleges and universities do not fully comply with environmental regulations. If inspections determine non-compliance, formal enforcement action with monetary penalties against significant violators is possible. Letter From: George Pavlou, Director Division of Enforcement and Compliance Assistance To: Dr. Francis Lawrence, President Rutgers, The State University of New Jersey

46 Recent EPA Quotes... EPA is committed to holding educational institutions to the same high standards that we all expect of private industry... EPA is devoting significant resources to ensure that colleges and universities meet their responsibilities. Our efforts include strong enforcement... Letter from Director of Enforcement, EPA Region 1, to Presidents of over 200 Colleges/Universities in the New England Region.

47 What Effects Will These Changes Have on Management of Hazardous Waste in my Laboratory? Laboratories will now be managed as Satellite Accumulation Areas as opposed to 90-day Accumulation Areas. Hazardous waste labels will change. Requirements to date hazardous waste containers, upon filling them, will be eliminated. 90-day limit on hazardous waste storage in laboratories will be eliminated.

48 What Effects Will These Changes Have on Management of Hazardous Waste in my Laboratory? Regulatory requirements for laboratory workers to receive yearly RCRA training will be eliminated. Limits on how much (volume) hazardous waste may be accumulated in each laboratory will be instituted. Limitations on where hazardous wastes can be stored will be instituted. Each individual laboratory s control of their hazardous waste must be ensured.

49 What Effects Will These Changes Have on Management of Hazardous Waste in my Laboratory? Each laboratory will receive an initial, in-lab, consultation from REHS and supplies to support implementation of SAAs. Supplies will include technical guidance documents, postings, secondary containment, and a means to delineate SAAs. Each laboratory will receive subsequent guidance, and feedback, in the form of follow-up visits from REHS staff.

50 Satellite Accumulation Rule A generator may accumulate as much as 55- gallons of hazardous waste or 1-quart of acutely hazardous waste... in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste,, without a permit or interim status CFR (c)(1)

51 Accumulation Limits Generator allowed to accumulate up to: 55-gallons of hazardous waste and/or 1-quart of acutely hazardous waste per SAA. Acutely Hazardous Waste: Certain wastes containing chemicals on the P-list are considered acutely hazardous waste. If you generate wastes containing these materials please contact REHS so that a waste determination can be performed.

52 Accumulation Limits REHS currently provides waste removal services to all campuses on an as needed basis. Waste should be offered for disposal as it is generated (do not stockpile wastes). Although allowed under SAA rules, approaching accumulation limits may not be safe in all instances. The National Fire Protection Agency limits the quantity of flammable liquids that may be stored in each laboratory.

53 At or Near Requirement Hazardous wastes may be accumulated... in containers at or near any point of generation where wastes initially accumulate... At or near will be interpreted as on the same floor as the process generating the waste. Please note that there are also requirements for control of SAAs. The farther away from the point of generation, the more difficult it is to demonstrate and maintain control of an area. The most desirable scenario is one where an SAA is located in the same room as the process generating the waste.

54 Waste Stream Restrictions Wastes stored in a single SAA are limited to one waste stream or a combination of compatible waste streams. Waste Stream: material generated as a result of a distinct and limited process, procedure, or activity.

55 Chemical Compatibility Incompatible chemicals are chemicals that react with each other; Violently With evolution of substantial heat To produce flammable products To produce toxic air products Incompatible waste streams must be stored in separate SAAs. Note: Use EPA Document Numbered, EPA-600/ to aid in determining chemical compatibility.

56 These materials are incompatible and must be stored in separate SAAs

57 Control of SAAs A generator may accumulate waste in an area... which is under the control of the operator of the process generating the waste... A person responsible for generating waste stored in a SAA MUST also maintain control of the area. Control can be achieved by surveillance or by restricting access to areas that cannot be kept under surveillance by the generator of the waste.

58 Container Management in SAAs Wastes stored in containers that are leaking or in poor condition must be transferred to an appropriate container. Wastes must be compatible with containers. Containers holding wastes must be closed unless waste is being added or removed. Containers must be labeled with a black and white Rutgers University hazardous waste label.

59 Waste containers must be capped unless waste is being added or removed.

60 Good Examples of Secondary Containment

61 Bad Examples of Secondary Containment

62 Hazardous Waste (For Satellite Accumulation Areas) r Rutgers, The State University of New Jersey Chemical Contents: (% vol. or %weight) circle one % % % % % % % % Are heavy metals present? Yes No (If yes, add to chemical contents section) SAA Manager: Telephone #: Campus: Bldg.: Rm#: Have Accumulation Limits Been Exceeded: YES NO (Circle One) (55-gallons Hazardous Waste and/or 1-Qt Acutely Hazardous Waste) If yes, please indicate date excess accumulation began: / / IN CASE OF EXCESS ACCUMULATION, CONTACT REHS IMMEDIATELY:

63 SAA Recap Accumulation Limits Per SAA 55-gallons Hazardous Waste 1-Qt. Acutely Hazardous Waste If exceeded, date containers holding excess waste and call REHS immediately. Control of the SAA A person responsible for generating waste stored in a SAA MUST also maintain control of the area. Control can be achieved by surveillance or by restricting access to areas that cannot be kept under surveillance by the generator of the waste.

64 SAA Recap At or Near Requirement At or near will be interpreted as on the same floor as the process generating the waste. The farther away from the point of generation, the more difficult it is to demonstrate and maintain control of an area. Waste Stream Restriction SAA limited to combination of compatible waste streams. Use EPA compatibility chart to determine compatibility. Container Management Container integrity Container/Waste compatibility Covered/Capped Labeled