The document summarizes a breakfast seminar on environmental, health, and safety regulatory updates. It provides an agenda for presentations on regulatory changes related to tanks, EPCRA tier II reporting, toxic release inventory, stormwater permitting, safety and health standards including silica and fall protection, and OSHA's top 10 most cited standards. The document includes overviews of the various regulatory programs and requirements. It also presents comparative data on stormwater permits and no exposure certifications from 2000 to 2016 and discusses what regulators may be looking for in inspections.
2. Firm Overview
■ Multi-disciplinary Consulting Firm Founded in 1911
■ Full Service Capabilities: 330 Person Staff
■ Employee Owned
■ 8 Offices in MA, CT, NH and NY
4. Tighe & Bond Full Service Capabilities
Civil Engineering
•Dams & Levees
•Geotechnical
Engineering
•Infrastructure
•Land Use Planning
•Low Impact Design
•Parking & Circulation
•Site Planning &
Design
•Transportation
Environmental
Consulting
•Brownfields
•Demolition &
Asbestos/ Hazardous
Materials
•Environmental
Permitting & Planning
•Fuel Storage
•Health & Safety
•Regulatory
Compliance
•Site Assessment &
Remediation
•Wetlands and
Ecological Services
Building Services
•Geotechnical
Engineering
•Electrical &
Mechanical
Engineering
•LEED Green Design
•Owner’s Project
Manager
•Structural Engineering
Technology
•3D Modeling
•GIS
Sustainability
•Energy & Resource
Conservation
•LEED Green Design
•Low Impact Design
•Renewable Energy
Environmental
Engineering
•Drinking Water
•Solid Waste
•Stormwater
•Wastewater
5. About our Speakers?
■ Regulatory Experts
■ Actively engaged in professional societies
■ Track regulations
■ Good reputation among regulators
■ History of helping clients with regulatory
challenges
■ Ability to assist in determining applicability
8. Breakfast Seminar Series
EH&S Regulatory Updates
October 3 Taunton Mass
October 24 Framingham Mass
David P. Horowitz, P.E., CSP, Project Manager
Environmental Regulations
10. Regulatory Updates – Tanks (Above ground)
■ 502 CMR 5.0
– Tanks >10,000 capacity
storing any fluid other than
water
– Regulation Changes
» April 2015
» Consistency with national
standards
– EPA
– West Virginia
– New York
» 5 year versus 1 year
permits
» Inspectors propose test
protocol
11. Regulatory Updates – Tanks (Underground)
■ MassDEP’s new system for managing UST data
– Requires the person responsible for updating the information to
submit a Proof of Identification (POI) form to MassDEP.
– We recommend creating an account first, then submitting the
form – otherwise it will go into a pile of “orphan” forms and will
likely take longer to be processed.
12. Planning for 2018 – Tanks (underground)
■ Included in the January 2015
UST regulation update
– Sumps & Spill Buckets - hydrostatic or
pressure testing no later than 1/2/2017
» Spill buckets need to be retested
every 5 years
» Sumps are one-time tests
– Compliance Certifications due 18
months after a Third Party Inspection.
13. Top Five Things Regulators Look For
1. 18 month mid-cycle for
certification (USTs)
– 30 Day Return to Compliance
2. Managing sumps & spill
buckets (USTs)
3. A/B/C Operator coverage
(USTs)
4. Financial Assurance (USTs)
5. Proposed inspection
protocols (ASTs)
23. Regulatory Background
■ Industrial Stormwater Dischargers
– 1995 Multi-Sector General Permit
– 2000 Multi-Sector General Permit
» Renewed
– 2008 Multi-Sector General Permit
» Renewed three years after expiration
– 2015 Multi-Sector General Permit
» Renewed two years after expiration
25. Delegated States
■ Most states are delegated to oversee
program
– 46 are delegated
– States issue permits
■ Four states are not delegated
– Massachusetts
– New Hampshire
– Idaho
– New Mexico
– EPA issues permits
26. New England States
State
General Permit - Effective
Date
General Permit - Expiration
Date
Comment
Massachusetts June 4, 2015 June 4, 2020 Federal Permit
New Hampshire June 4, 2015 June 4, 2020 Federal Permit
Maine April 26, 2011
April 25, 2016
(September 2016 Draft)
State Permit
Connecticut October 1, 2011
September 30, 2018
(Extended from 2016)
State Permit
Rhode Island August 15, 2013 August 14, 2018 State Permit
Vermont August 4, 2011
August 4, 2016
(Administratively continued)
State Permit
27. NPDES - Industrial
■ Permitting Options?
– Multi-Sector General Permit (MSGP)
– Federal or state
– Meant to be easy
– No Exposure Certification (NOE)
– Still need to file!
– Individual Wastewater Discharge Permit
– Don’t want these for stormwater
28. Multi-Sector General Permit (MSGP)
Applicability
■ Sectors organized by SIC Codes
– Sector A: Timber Products
– Sector E: Glass, Clay, Cement, Concrete
and Gypsum Products
– Sector M: Automobile Salvage Yards
– Sector L: Landfills (Active & Closed)
– Sector N: Scrap and Waste Recycling
– Sector P: Land Transportation and
Warehousing
– Sector S: Airports
– Sector T: Wastewater Treatment Plants
(>1 MGD)
29. Stormwater Changes
■ 2015 MSGP
– Added NAICS code cross-reference
– North American Industrial Classification System
– Added specificity for effluent limits
– Electronic filing required
– Improved public accessibility
» Post plan
» Provide plan elements in NOI
30. General
■ No Exposure Certification (NOE)
– Activities are designed to prevent exposure to rain, snow, snowmelt
and/or runoff
– Material handling equipment or activities
– Material handling activities
» Storage, loading and unloading, transportation, or conveyance
– raw material, intermediate product, final product or waste
product
» Final products intended for outdoor use are not required to be
stored indoors or in a storm-resistant shelter.
31. 2000, 2008 & 2015 MSGP Comparison
Let’s look at the data!
34. Data Review
2016 MSGP 2008 MSGP 2000 MSGP
715 475 984
2016 NOE 2008 NOE 2000 NOE
225 485 229
940 960 1213
35. Data Review
■ Shift to/away from No Exposure
■ Less Sites Covered
■ Site closures?
■ Re-evaluation of regulated discharges?
■ “Delegated” impact – “Out of sight, out of mind”?
2016 MSGP 2008 MSGP 2000 MSGP
715 475 984
2016 NOE 2008 NOE 2000 NOE
225 485 229
940 960 1213
42. Breakfast Seminar Series
EH&S Regulatory Updates
October 3, 2017 Taunton, MA
Daniel C. Williams – Sr. Environmental Compliance Specialist
Safety & Health
43. Regulatory Updates – Safety & Health
■ Respirable Crystalline Silica
■ Walking & Working Surfaces
■ OSHA Top Ten Most Cited
44. Regulatory Updates – Safety & Health
■ Respirable Crystalline Silica
– Issue Date: March 25, 2016 / Effective Date: June 23, 2016
– Compliance Dates:
» Construction: Sept. 23, 2017 / General Industry: June 23, 2018
45. Regulatory Updates – Safety & Health
■ Why a new standard?
– Silica is a known problem for over 80 years
– OSHA PELs are >40 years old
– Current PELs reflect 1960s research, not current
scientific evidence
– Evidence shows current limits do not adequately
protect workers.
– The technology exists to adequately protect workers
and many employers have already adopted these
methods
46. Regulatory Updates – Safety & Health
– Highlights:
» New P.E.L. of 50 µg/m3 / 8 hour shift
(1/2 Prior Limit in General Industry / 5 times lower
in Construction)
» New Action Level of 25 µg/m3 / 8 hour shift
» Requires initial, in some cases follow-up, exposure
monitoring
» Requires engineering controls and work practices
» Requires development of an Exposure Control
Plan
» Must consider designated list of controls
47. Employer Requirements
■ Employers MUST:
» Measure amount of exposure
» Protect against exposures over the PEL
» Implement controls
» Establish a written exposure control program
» Offer medical exams for exposed employees at
over above action level for 30 days or more per
year.
» Train workers
» Keep records of exposure monitoring and exams
48. Exposure Control
■ In most cases, wet methods and ventilation are
sufficient to control exposures
– For example, a granite saw that applies water to the
blade or grinding that takes place in a ventilated
booth.
■ Engineering controls, Work Practices, and PPE must
all be evaluated to keep exposures at or below PEL
49. ■ Silica Rule for Construction - Table 1
– Allows for compliance based on common and frequent tasks and
equipment
» Handheld power saws
» Walk-behind saws
» Rig-mounted core saws and drills
» Jackhammers and chipping tools
» Grinders for mortar removal
» Milling machines
» Crushing machines
» Demolition of silica-containing materials
– Makes compliance much easier. Employers who fully implement
controls of Table 1 are not required to measure exposures for
verification.
Regulatory Updates – Safety & Health
50. Regulatory Updates – Safety & Health
■ Respirable Crystalline Silica – Case Studies
– Abrasive Products Manufacturer
» Exposure concerns
– Visual observations appeared to warrant concern
» Personal and area sampling
» Average 0.15 µg/m3
– Paper Processing Facility
» Exposure concerns
– Again, visual observations appeared to warrant concern
» Personal and area sampling
» Average 0.02 µg/m3
51. Regulatory Updates – Safety & Health
■ Walking & Working Surfaces & Fall Protection
– Effective January 17, 2017
■ The new rule incorporates:
– Advances in technology
– Industry best practices
– National consensus standards
■ Specifically:
– Updates to standards addressing slip, trip, and fall
– Updates to fall hazard (subpart D)
– Adds requirements for personal fall protection systems
52. Regulatory Update – Safety & Health
■ OSHA estimates new rule will prevent 29 fatalities
■ New rule provides greater flexibility to employers
– Eliminates existing mandate to use guardrails as a
primary fall protection method, and allows use of
other acceptable systems
■ OSHA’s goal was to align general industry standards
with construction standards as much as possible to
make compliance easier.
53. Regulatory Update – Safety & Health
■ Exposed workers trained on fall hazards (May 17, 2017)
■ Inspection/certification permanent anchorages for rope descent systems
(November 20, 2017)
■ Installing personal fall arrest or ladder safety systems on new fixed
ladders over 24 feet and on replacement ladders/ladder sections
(November 19, 2018)
■ Existing fixed ladders over 24 feet are equipped with a cage, well,
personal fall arrest system, or ladder safety system (November 19, 2018)
■ Replacing cages and wells with ladder safety or personal fall arrest
systems on all fixed ladders over 24 feet (November 18, 2036)
54. Planning for 2018 – Safety & Health
■ Annual Safety & Health Requirements
– Post OSHA 300A Log: Post from Feb 1 → through April 30
– Initial Training:
» LoTo, Emergency Action Plan, HazCom, PPE, Hearing Protection…
– Refresher Training:
» Annual: Hearing Protection, Respirators, Access to Medical Records…
» 3-Year: Powered Industrial Trucks
– Mandatory Program Reviews:
» Exposure Control Plan (BB Pathogens), Confined Space, LoTo….
– Annual Evaluations:
» Audiograms, Respirator Fit Tests
– Process Changes:
» Training, Program Updates, Hazard Reviews, PPE Assessments…
70. Regulatory Requirements
The Watch Dogs
■ MassDEP
» Most Visible
» Growing Enforcement Group
» Control Contractors Work Methods
» Levy Violations / Fines
» Regional Variations / Interpretations
■ MassDLS
» Govern Licensure for Contractors and Consultants
» Conduct Field Inspections / Mostly in Schools
71. Regulatory Requirements
■ Environmental Protection Agency (EPA)
» Create Federal Regulations and Standards
» PCBs!
■ OSHA
» Worker Protection
» Hazard Communication
» Building Inspections / Labeling
72. Regulatory Requirements
■ AHERA (Asbestos Hazardous Emergency
Response Act)
» Governed by EPA / MassDOS
» Regulates Asbestos in Schools
» Inspections / Abatement Projects
■ Regulations have seen minor changes in last
several years
73. General Approach
Should Be
Very
Simple
Find ALL
Regulated
Building
Materials
Investigate
for:
• Asbestos
• Oil/Hazardous
Materials
Containers
• Lead, PCBs
• Uncommon,
exotics
Hazardous
74. The Problem – Managing Risk and Reward
Commodity-
Driven Audit
(Low Cost)
Hand Audit
Report to
Contractor
Unknowns
Found
During
Demolition
Change
Orders &
Schedule
Delays
75. Lots of Mixed C&D – What’s Being Missed?
HOW
COMPREHENSIVE IS
YOUR PRE-DEMO
AUDIT?
76. Oil/Hazardous Materials (OHM)
Inventory
• Straight forward
• Containers, Bulbs,
Ballasts, Mercury, CFCs
Keep an eye
out for the
less common
• Understand the building history
• Machinery can be complex
(residuals)
Process and
Storage
Tanks
Sample
unknowns
• Involve experts and
field chemists
• BE SAFE!
• Volume
• Contents
77. PCBs
Misc.
Machine Oils
• Can be
everywhere
Stained
Concrete
• Site history
• When to sample
• Something more
than incidental
• What is
incidental?
PCBs in
Building
Materials
• THINK before
you sample
• Define Worker
Protection and
Waste
Management
PCB
Surprises
During
Construction
are BAD
78. Asbestos
By Far the Biggest Issue in renovation
and demolition (PCBs catching up)
Recent MassDEP Reg. Changes
• <1% Asbestos (ACWM vs ACM)
• NT Work Plans (Bulk Loading)
Goal to Improve C&D Quality (H&S)
Missed Asbestos
• Still too common
79. Research Before You Sample
Dates of
construction
Asbestos still
used today
Existing
Drawings
Building
Department
Often
somewhere
in the building
Size and
Complexity
of Building
Tailor your
effort
89. Breakfast Seminar Series
October 3 Taunton Mass
October 24 Framingham Mass
Michael A. Toto, Senior Project Manager
Arc Flash – 70E Discussion
90. NFPA 70E DISCUSSION
■ WHY FOLLOW NFPA 70E? It’s the Standard
for Electrical Safety in the Workplace
– Voluntary in the sense that it hasn’t been adopted
directly as an official law.
– In effect, it’s every bit as mandatory as any of the
electrical-related rules enforced by the Occupational
Safety and Health Administration (OSHA) or the state-run
safety agencies that are required to be “at least as
effective” as the federal agency.
91. NFPA 70E DISCUSSION
■ WHY FOLLOW NFPA 70E, the Standard for
Electrical Safety in the Workplace?
– In 1976, OSHA requested that the National Fire
Protection Association develop a standard that would
assist employers and employees in complying with the
government’s rules on the operation and maintenance of
electrical systems.
– The result, NFPA 70E, is the “industry consensus
standard” referenced in OSHA standards.
– Therefore, failure to abide by 70E can be cited under
specific OSHA standards as well as the “general duty
clause” of the OSH Act.
92. NFPA 70E DISCUSSION
■ WHY FOLLOW NFPA 70E, the Standard for Electrical
Safety in the Workplace?
– The employer shall provide the safety-related work practices and
shall train the employee, who shall then implement them.
– The employer shall implement and document an overall electrical
safety program…..including:
» Program principals
» Program controls
» Program procedures
» Risk assessment procedure
» Job briefing
» Safety auditing
93. NO LIVE WORK
■ Energized electrical conductors and circuit parts to
which an employee might be exposed shall be put into
an electrically safe work condition before an employee
works within the Limited Approach Boundary of those
conductors or parts.
■ Unless – the employer can demonstrate that de-
energizing introduces additional hazards or increases
risks
■ Infeasible due to equipment design
NFPA 70E DISCUSSION
94. NO LIVE WORK
■ Circuits and conductors that operate at less than 50
volts
■ Other work that may be performed exposed energized
electrical conductors or circuits:
– Testing
– Troubleshooting
– Voltage measuring
NFPA 70E DISCUSSION
95. WHAT DO I DO NEXT
■ What items should be included in an Arc Flash Study?
- Equipment such as meter sockets, switchboards, panelboard, MCC,
etc., that will require inspection and testing.
■ How accurate does the study need to be?
– Accuracy is key to generate a good study and report
– Rule of thumb is 10% for cable lengths
– Equipment specific information
■ How often do you need to update the study?
– Every 5 years
– Utility company system changes
– Changes to distribution system
NFPA 70E DISCUSSION
100. Chemical Safety
■ Chemical Safety:
– Process Safety: Inside the fence line
– Risk Management: Outside the fence line
■ Process Safety:
– Regulated by OSHA
– Program called Process Safety Management, or PSM
– Designed to protect employees
■ Risk Management:
– Regulated by EPA
– Program called Risk Management Program (RMP) or Chemical
Accident Prevention (CAP) program
– Designed to protect the environment and public
101. Applicability
■ Process Safety Management:
– A process which involves a chemical at or above the specified threshold
quantity in Appendix A or a flammable gas/liquid in excess of 10,000 lbs
■ Risk Management Program:
– A stationary source that has more than a threshold quantity of a regulated
substance in a process
■ The Devil is in the Details:
– What defines a “Process”?
– Is this applicable to only pure chemicals?
– Are there exemptions?
– What changes are being considered/made?
102. Applicability
■ Commonly Applicable Chemicals:
– Ammonia (Anhydrous and some ammonium solutions)
– Chlorine
– Formaldehyde
– Hydrochloric Acid
– Hydrogen peroxide
– Methanol
– Nitric acid
– Propane
PSM has 137 chemicals plus flammables
RMP has 140 Listed chemicals
The two lists are not the same
103. Applicability
■ I use one of those – Am I in?
– Maybe:
» Concentrations are important:
– Hydrochloric Acid (only anhydrous counts)
– Nitric acid (80% & 94.5% or greater)
– Ammonia (20% & 44% or greater)
– If a concentration is not specified (>100 chemicals):
» “Commercial Grade” rules had applied for PSM
» As of July 2016, OSHA has gone to the 1% rule
» EPA applies the 1% rule to RMP chemicals
104. Applicability
■ I’m in for use of a chemical – Am I in yet?
– Maybe:
» The process is important:
– Process = Any activity involving a highly hazardous chemical
including any use, storage, manufacturing, handling, or the on-
site movement of such chemicals, or combination of these
activities. For purposes of this definition, any group of vessels
which are interconnected and separate vessels which are
located such that a highly hazardous chemical could be involved
in a potential release shall be considered a single process.
Interconnected Separated, but close Separate and Separated
105. Applicability
■ I use a PSM/RMP chemical, in a process – Am I in yet?
– Maybe:
» Thresholds are important:
– Look at both RMP & PSM thresholds
– Consider the 1% Rule
– Thresholds apply – Per Process – Not Total Site
106. Applicability
■ I’m out!! - Am I out?
– No:
» You are subject to EPA’s General Duty Clause:
– Applies to any stationary source producing, processing, handling, or
storing regulated substances or other extremely hazardous
substances.
» What does that mean?
– You must:
» Know the hazards posed by the chemicals and assess the
impacts of possible releases,
» Design and maintain a safe facility to prevent accidental releases,
» Minimize the consequences of accidental releases that do occur
Requires Hazard Reviews, management systems, emergency
planning, and meeting industry standards
107. PSM/RMP Facilities
■ I’m in – Now what?
– Design and operate
your process safely
– Implement a process
management system
– Meet OSHA’s 14
PSM elements
– Submit your Risk
Management Plan
to EPA
– Involve your employees
– Evaluate potential
releases and impacts
– Have an emergency
Plan in place
108. What’s New/Coming?
■ OSHA – PSM:
– 1% Rule is new interpretation – will be enforced in 2017/2018
– National Emphasis Program launched in January 2017
– RAGAGEP clarified in 2015/2016
– OSHA working to address President's Executive Order 13650, “Improving
Chemical Facility Safety and Security”
» Enhanced employee involvement
» Additional management system elements
» Formalizing OSHA interpretations
» Increased coordination with responders
» More formal documentation
» Modification of applicable chemicals
» Others
109. What’s New/Coming?
■ EPA – RMP:
– Rule Amendments
» In January 2017, RMP Rule amendments were finalized
» On June 9, 2017, the EPA delayed the effective date of the RMP
rule amendments for 20 months until February 19, 2019.
– Third part audits
– Improved accident investigations
– Enhance emergency response
– Expand public access
Different than the Kyoto protocol in that the allowances aren’t free.
Approximately generators 230 in 10-state region; 30 in MA, 15 in CT
RGGI is started in the absence of an acceptable national climate policy
Well – these are states that are NOT delegated in the SW program
EPA issues the SW general permits for construction activities > 1 acre and for many industrial sites under the MSGP.
The MS4 program was issued jointly by EPA and DEP – thus creating separate state and federal permits – providing equal regulatory and enforcement authority for both.
Well – these are states that are NOT delegated in the SW program
EPA issues the SW general permits for construction activities > 1 acre and for many industrial sites under the MSGP.
The MS4 program was issued jointly by EPA and DEP – thus creating separate state and federal permits – providing equal regulatory and enforcement authority for both.
Permitting options….
MSGP
No esposure
NPDES permit
First – for MSGP……
The second “Option” I mentioned was the No Exposure Certification – where you certify that activities at your site are no exposed to stormwater….There are specific conditions you must meet to be eligible.
See FORM - 11 items you must fufill.
The purpose of annual training is to re-familiarize APG personnel with situations and practices which have the potential to cause storm water contamination.
The purpose is also to review operation practices or best management practices to ensure that harmful materials or contaminants are not being disposed of in a manner that would allow exposure to storm water.
The purpose of annual training is to re-familiarize APG personnel with situations and practices which have the potential to cause storm water contamination.
The purpose is also to review operation practices or best management practices to ensure that harmful materials or contaminants are not being disposed of in a manner that would allow exposure to storm water.
The purpose of annual training is to re-familiarize APG personnel with situations and practices which have the potential to cause storm water contamination.
The purpose is also to review operation practices or best management practices to ensure that harmful materials or contaminants are not being disposed of in a manner that would allow exposure to storm water.
