Multimedia Compliance Audits, Management System Audits, EHS Audits

Brief project summaries for consulting work completed by Caltha LLP. Project summaries archived here include compliance audits, multimedia audits, regulatory program audits, including air rule audits, hazardous waste - RCRA audits, wastewater and stormwater discharge audits, TSCA audits, EHS audits, safety audits, product stewardship, product responsibility audits, energy audits, EMS audits, management system audits, audit training and others.


Click here to see a summary of projects completed by Caltha LLP related to compliance audits, multimedia audits, regulatory program audits, air rule audits, hazardous waste, RCRA audits, wastewater and stormwater discharge audits, TSCA audits, EHS audits, safety audits, product stewardship, product responsibility audits, energy audits, EMS audits, management system audits.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

What If I Missed My 2006 TSCA Inventory Update Report?

Between February 1 and June 30, chemical manufacturers and companies that import chemicals will be evaluating their production and/or import quantities and if needed will be submitting their inventory data to US EPA under the new Chemical Data Reporting (CDR)Rule.

Click here for an overview of the new Chemical Data Reporting (CDR)Rule.

Although new for 2012, the CDR is a revising to reporting rules that have existed for a number of years under the name "Inventory Update Reporting" or IUR. IUR reporting was required every 4-5 years, with the last reporting year being 2006.

As companies begin to assemble data for the 2012 CDR report, some discover that they may have been subject to earlier reporting and may have failed to submit the required reports.

Under the new CDR, companies who missed their reporting requirements in 2006 have an opportunity to use the new CDR tools to assemble a report for 2006 and submit it as a paper copy. However, in order to comply with the Agency's self-disclosure policy, once a violation has been discovered, a company has 21 days from the time of that discovery to disclose the violation in writing to EPA.

Caltha LLP provides specialized expertise to clients nationwide in the preparation and submital of TSCA reports, including new CDR reporting, preparing submitals under EPA self-disclosure policy, and preparing cost-effective chemical tracking and management programs.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Texas Audit Program Option For Flexible Permit Holders

U.S. Environmental Protection Agency (EPA) has released its voluntary Audit Program to help companies in Texas with Flexible Permits obtain air quality permits that meet state and federal requirements and the protections of the Clean Air Act (CAA). The TCEQ's Flexible Permits program was never approved by EPA into the state implementation plan (SIP).

The Audit Program will offer a covenant from civil enforcement by the federal government, for instances where companies with Flexible Permits operated outside of federal requirements provided that companies agree to and complete the proposed audit program. In addition, companies who enter the audit will no longer be subject to EPA's use of Title V tools for permits issued that do not contain all CAA requirements.

The Audit Program is available for 90 days after publication in the Federal Register. Participants who sign up in the first 45 days can take advantage of a reduced penalty incentive for potential violations.

Under the program, a third-party auditor will conduct an independent review of operations, modifications, and permitting activities that occurred since the issuance of the flexible permit, so that the federally-applicable requirements can be identified for a new permit. These independent findings would be directly transmitted to the company and EPA and used to establish new limits in state-issued permits. EPA anticipates the audit process to take about one year.

The Audit Program requires participants to obtain federally-approved state permits from the TCEQ. A company would enter into a Consent Agreement and Final Order with EPA based on the findings of the third-party audit. This audit program and CAFO would resolve any New Source Review non-compliance issues that occurred while operating with the Flexible Permit provided that the companies complete the audit program.

The federal audit program is one of two paths available for companies to transition their flexible permits to a permit that meets federal and state requirements. EPA is also inviting companies to contact the EPA Region 6 Compliance Assurance and Enforcement Division if they are interested in more direct negotiations with EPA that would result in federally-enforceable permits and resolution of non-compliance and Title V uncertainty.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and EH&S compliance auditing programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

WI DNR Environmental Compliance Audit Program

The State of Wisconsin has extended its program to encourage regulated entities within the State to conduct environmental compliance audits and to self-report non compliance issues. The program had been scheduled to sunset on July 1, 2009.

The Environmental Compliance Audit Program (section 299.85) provides enforcement relief to public or private sector regulated facilities if they:
1) Notify the Wisconsin Department of Natural Resources (WDNR) at least 30 days in advance of a scheduled environmental compliance audit;
2) Conduct the audit in accordance with WDNR requirements; and
3) Submit the audit report to WDNR within 45 days of completion.

If violations are found during the audit, the audit report would include a plan and schedule for corrective actions.

The WDNR would defer enforcement action for facilities that self report violations and meet their approved plan and schedule to come into compliance.

Caltha LLP provides specialized expertise to clients nationwide in the conducting environmental compliance audits, developing compliance procedures, and preparing cost-effective EH&S compliance management programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Audit Policy - EPA Policy Changes Regarding New Owners

Since 2000, US EPA has offered reduced enforcement for self-disclosure of environmental compliance violations. EPA’s policy document, “Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations” is commonly known as the “Audit Policy”. On August 1, 2008, the EPA published an interim approach to applying the Audit Policy to new owners that allows new owners to make a fresh start with the EPA.

With the interim approach, the EPA recognizes that a new owner should not be penalized for the economic benefit component relating to violations that arose before a facility was under its control, as long as the new owner is willing to correct issues promptly and institute preventive measures.

Some key elements of the interim approach include:

• Defining a “new owner” to ensure that the violations disclosed originated with the prior owner, and that the new owner was not responsible for the non-compliance disclosed;
• Extending the time for reporting for up to nine months after closing the transaction;
• Relief from the economic benefit component of the penalty for new owners; and
• Applying five of the nine qualifying conditions differently to the new owner.
  

One of the important aspects of this policy is that non-compliance at the Seller’s facility can be reported to regulatory agencies before or soon after property transfer. In making the disclosure, the new owner can make the previous owner responsible for penalties, etc., especially associated with economic benefit component, related to the non-compliance.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website