The boxes compliance (and why they matter.) The information presented here is accurate as March 2007 but may change in the future should regulations change or programs be revised.
How Do You Deal With Lots requirements Air, water, waste Toxics Use Reduction Budget constraints Limited time and people? Limited expertise on environmental matters
Environmental Management Systems Analyze the environmental footprint a business This includes employee accountability Also includes compliance, legal requirements for you or your vendors New ASTM 4 box tool analyzes compliance (astm.org, Standard E2365-05)
Value the Four Boxes Approach Prevents the worst things from happening Helps evaluate priorities Based on Federal and State enforcement programs, such as the Mass. Administrative Penalties Act
Each step in the process: Requires an an analysis pollution prevention. In each box you try to eliminate or reduce the requirements.
Key Point: In government enforcement there are classes violations, hence boxes requirements
1. Prevent Releases The Four Boxes 2. Get Permits 3. Maintain Controls 4. Document
Box 1 Preventing releases oil, hazardous materials or other pollution. Promptly notifying authorities a release.
Box 1 Requirements Managing & preventing actual or potential releases, emissions, discharges or alterations, especially oil & hazardous material releases. Responding to emergencies Notifying government authorities. Spill notifications Municipal personnel Emergency response contractor Federal, state & municipal agencies Also applies to waste oil in Mass.
If something happens, call us in Mass. 888-304-1133 for all emergency notifications, day or night Oil & hazardous material spills
Box 2: Get any required permits, licenses and approvals
Box 2 Permit Requirements Wetlands permits Approvals for large water withdrawals Sewer & groundwater /surface water discharge permits Air Permits for Fiberglass Fabrication, Paint spray booths, etc.
Box 2 Hazardous Waste Requirements Waste Classification Required approval for treatment, storage, management, transport, receipt or delivery wastes. Generator registration & correct status: VSQG, SQG, or LQG Meeting conditions & limits permits & approvals
Box 3: Operation, maintenance, monitoring, and reporting
Box 3: Operating Conditions & Best Management Practices Monitoring, operating & maintaining pollution control equipment Monitoring work practices Labeling, marking & identifying wastes Maintaining storage areas, tanks & vehicles.
Box 3 Hazardous Waste Requirements Emergency preparedness plan Employee training Waste management: lids, lines & labels Solid Waste: Banned materials
Don t t Forget Vehicle Fueling & Maintenance Storage tanks: above ground & underground Stage II vapor recovery certification Fluids management - NO floor drains Waste & hydraulic oil management Flammable storage requirements
Box 4: Documentation
Box 4: Managing Environmental Records Technical completeness Written pro required notifications Timely reporting Records retention
Records to Keep for at Least Five Years All permit requirements & conditions Manifests Analytical records Inspection logs Production & fuel usage logs Training records Hours operation
Administrative Enforcement How it really works (and why you want to know)
High Risk Violations Box 1: Not notifying government an oil or hazardous material release Not properly maintaining a cleaned up waste site Box 2: Not obtaining a required permit or approval
Other Examples Serious Violations Willful (beyond an error ) Continued Repeat Pattern Significant environmental impact
Factors Considered in Calculating Penalties Environmental impact and damage Steps taken to prevent violations, mitigate harm and return to compliance Previous violations
Mitigating Factors Most regulatory agencies will adjust penalties up or down Good faith & due diligence count for a lot This means you get credit if you try really hard
Some Policies That Guide Enforcement Environmental management systems (EMS) Municipalities, self audits & supplemental environmental projects
MassDEP on the Web Current Enforcement Actions www.mass.gov/dep/public/press/curren03.htm Enforcement & Appeals www.mass.gov/dep/service/enforcem.htm Regulations & Policies www.mass.gov/dep/service/lawsrule.htm
Feeling Pinched for Time? Identify your top compliance priorities right away Maintain & report on required activities Document everything
Remember the pollution prevention analysis for each If you can: box! eliminate something toxic, substitute something less toxic in your process reduce the amount waste generated You may have less regulatory requirements to worry about.
Contact Us: Northeast Region 205B Lowell Street Wilmington 01887 Phone: 978-694-3200 Southeast Region Office 20 Riverside Drive Lakeville 02347 Phone: 508-946-2700, or 973 Ivanough Rd. Hyannis 02601 508 771-6003 http://www.mass.gov/dep