Workshop F. Obtaining Timely Permits Best Practice at Making the Air & Water Permitting Process Work Best for Your Company

Transcription

1 Workshop F Obtaining Timely Permits Best Practice at Making the Air & Water Permitting Process Work Best for Your Company Tuesday, July 19, :45 p.m. to 4:15 p.m.

2 Biographical Information J.D. Gibbs Senior Manager ENVIRON International Corp Perimeter Drive, Suite 220 Dublin, OH Mr. Gibbs is a Senior Manager at ENVIRON and is located in their Dublin, Ohio office. He has nearly 19 years of experience in the environmental field. During this time, he has directed and participated in the preparation of various environmental permit applications, including construction, synthetic minor, FESOP, Title V and PSD for both industrial and commercial facilities. He has also conducted facility audits to review and evaluate their compliance with environmental laws and regulations, and assisted several companies in their day-to-day environmental operations. Andrew Cole Environmental, Health and Safety Engineer MAHLE Engine Components USA, Inc North State Route 60 McConnelsville, OH Mr. Cole is the EH&S Manager for MAHLE Engine Components USA, Inc., a manufacturer performance parts for the automotive industry based in McConnelsville, Ohio. In this capacity, Mr. Cole is responsible for MAHLE s compliance with the broad range of environmental regulations, including air quality and pollution control, storm water, waste water and hazardous waste. William D. Hayes Partner Vorys, Sater, Seymour and Pease LLP 221 East Fourth Street Suite 2000, Atrium Two Cincinnati, Ohio wdhayes@vorys.com Mr. Hayes is a partner in the Vorys Cincinnati office and a member of the energy, environment and utilities practice group. His work focuses on air quality issues. Mr. Hayes provides strategic advice to manufacturing clients regarding plant expansions and processing changes. He also provides enforcement defense in matters brought by local, state and federal environmental agencies.

3 Obtaining Timely Permits Best Practice at 1 Making the Air & Water Permitting Process Work Best for Your Company WORKSHOP F Andrew Cole EH&S Supervisor MAHLE Engine Components USA, Inc. Bill Hayes Partner VORYS J.D. Gibbs Senior Manager ENVIRON International Corp.

4 Workshop Topics 2 Best Practices for Communication Potential Roadblocks and Hurdles Predicting the Future Follow-up Strategies

5 Communication is KEY 3

6 What Do I Communicate? 4 Scope of the Project Needs Outside assistance Training Technologyh l Tools Your Limitations Roadblocks and Hurdles

7 Communication Examples 5

8 Communication Examples 6

9 Communication Examples 7 = =

10 NEVER react negatively when your staff brings you bad news! 8

11 Potential Roadblocks and Hurdles Where do I Begin??? 9

12 The esouto Solutions 10 Break k Down and Organize your Permit Requirements Make them Manageable Become Familiar with them Create Tools to Ensure Compliance Do your Homework Perform research to provide supporting documentation to support requests Obtain copies of competitor s permits Use Applicability Determination Index (ADI) to see how others have solved permit-related issues (

13 The Solutions (Continued) 11 Insure requirements are being met Task management QA/QC - Supervision Audits??? Plan Ahead

14 What Can I Do to Plan Ahead? 12 Plan for longer timeframe for more complicated projects Submit draft permit with permit application to obtain a user-friendly permit Prepare compliance manuals for operators and supervisors Design routine compliance assessments around your anticipated terms and conditions Discuss anticipated terms and conditions with your team

15 Common Permitting Tripwires 13 Air Incorrect Emissions Inventory MACT always lurks in shadows Unrealistic Timing Project defined Facility defined

16 Common Permitting Tripwires Storm Water USEPA General Permit for Construction Activities- Draft issued for Comment April 25, SWPPP Needs to be Prepared Before Submitting NOI (Do Not have to submit it with the NOI Keep on site) SWPPPs Should be Updated if Project Changes Appropriate Fee Amount Submitted Appropriate Timing for BMP Inspections (e.g., weekly and after a big rain)

17 Common Permitting Tripwires 15 Pretreatment/Industrial Discharge Permits: Early Consultation with POTW Know the POTW s NPDES Permit & Treatment Plant Issues Disclose All Waste Streams No Matter How Small Carefully Review Agency Assumptions In Proposed Permit

18 Common Permitting Tripwires NPDES permits: Accurate/Representative Discharge Characterization Data Is Critical 16 Application Submitted Well in Advance of Target Construction Start Antidegradation g d Addendumd Properly Completed & Included d with NPDES Permit Application Check for Proposed WQS Revisions Being Considered by Agency Before Submitting Application

19 Proactively Managing the Risk 17 Crystal ball Predicting the Future

20 Compliance with Future Regulations TSCA Reauthorization Relative treatment of new vs. existing chemicals. 18 Applicable Safety Standard. Regulating risk vs. regulating hazard. Right-to-know principles under TSCA. How to prioritize chemical actions.

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22 Follow-up Strategies 20 Not much is static anymore Participate in state and federal rulemakings Proactive rather than Reactive permitting Develop a strategy Communicate

23 Final Thoughts 21