Regulatory Compliance and ISO 14001 - Are They Equivalent?

“A manufacturing facility has worked for nearly two years to develop programs and procedures to become ISO 14001 registered. At the end of a three-day registration audit they gain registration under ISO 14001 through a well respected third-party registrar.

The following month, the facility is subject to a routine compliance audit directed by its corporate EH&S Department. The audit identifies numerous deficiencies and findings in the facility’s compliance with environmental regulations.”

The obvious question asked by plant management is "does ISO 14001 registration have any relationship to compliance with environmental regulations"?

The answer is certainly yes, however it can not be assumed that simply because a facility is ISO 14001 registered it is also in compliance with applicable regulations.

In the example described above, the compliance audit is actually part of the environmental management system (EMS), not an independent measure of the effectiveness of the EMS. An ISO 14001 compliant EMS requires that the organization periodically assess its compliance with applicable regulations. The key measure of the effectiveness of the EMS is how the corrective actions are addressed once a compliance issue was identified, and were corrective actions effective.

If similar compliance issues continue to be identified during subsequent audits, there may be a breakdown of the EMS that needs to be addressed. However, the organization should not be surprised if compliance issues are identified during audits moving forward. Overall, by assessing compliance and responding appropriately, the organization will be on track to continuously improve of its EMS.

Caltha LLP provides expert technical assistance to organizations wanting to become registered under ISO 14001 or to improve their EMS. For more information go to ISO 14001 and Environmental Management Systems Services website.

For further information contact Caltha LLP at
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SPCC Template Plan - Revised SPCC Rule 40 CFR 112

Effective February 3, 2009, US EPA streamlined SPCC Rule (40 CFR 112) becomes effective. The amended rule tailored the SPCC requirements for a subset of qualified facilities. Now the owner or operator of a qualified facility has the option to self-certify their SPCC Plan and comply with other streamlined requirements.

This final rule designates a subset of qualified facilities (“Tier I qualified facilities”) as those that meet the current criteria to self-certify their SPCC Plan and that have no oil storage containers with an individual aboveground storage capacity greater than 5,000 gallons. A Tier I qualified facility has the option to complete a self-certified SPCC Plan template instead of a full SPCC Plan. By completing the SPCC Plan template, an owner or operator of the facility will certify that the facility complies with a set of streamlined SPCC rule requirements. All other qualified facilities will be designated “Tier II qualified facilities.”

For more information on Caltha LLP SWPPP services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

NPDES Permit - Clean Water Act Delegation For Alaska DEC

The U.S. Environmental Protection Agency has recently delegated its authority under the Clean Water Act to the State of Alaska. EPA will hand off wastewater discharge permitting authority and enforcement in Alaska to the Alaska Department of Environmental Conservation (DEC).

Alaska joins 45 other states that oversee their own National Pollutant Discharge Elimination System (NPDES). Delegated States can write their own standards, but they can not be any less strict than federal standards.

In November 2008, DEC took control over wastewater discharge permits for timber harvesting, seafood processing and municipal dischargers. Existing permits from the EPA will turn into state permits. Over the next three years, in phases, the state will take over permitting of federal facilities in Alaska, stormwater, mining, and finally oil and gas permits, cooling water and other minor permitting programs.

Caltha LLP assists clients in meeting State and Federal NPDES permit and compliance requirements. For more information on Stormwater Permits and Compliance, go to Stormwater and SWPPP website.

For further information contact Caltha LLP at
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FIFRA Pesticides - Clean Water Act Permitting Requirements

On January 7, 2009, an Appeals Court vacated a U.S. Environmental Protection Agency (EPA) rule that has allowed pesticides to be applied to U.S. waters without a Clean Water Act permit. In November 2007, EPA had issued the final rule stating that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) are exempt from the Clean Water Act's permitting requirements.

The Clean Water Act regulates the discharge of pollutants into the nation's waters by, among other things, requiring entities that discharge pollutants to obtain a National Pollutant Discharge Elimination System (NPDES) permit. For nearly 30 years before adoption of the 2007 rule, pesticide labels issued under the FIFRA were required to contain a notice stating that the pesticide could not be "discharged into lakes, streams, ponds, or public waters unless in accordance with an NPDES permit".

The court ruled that pesticide residues and biological pesticides constitute pollutants under federal law and therefore must be regulated under the Clean Water Act in order to minimize the impact to human health and the environment.

Caltha LLP assists dischargers in meeting State and Federal requirements for wastewater discharge. Caltha provides specialized expertise in the assessment, standards and regulation of pesticides and herbicides in the environment.

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

Nutrient Management Plans for CAFO - Zero Discharge Requirements

In October 2008, EPA finalized a rule helping to protect the nation’s water quality by requiring concentrated animal feeding operations (CAFOs) to safely manage manure. The rule deadline for newly defined facilities to apply for permits is February 27, 2009.

One of the key requirements under the new rules is for a Nutrient Management Plan (NMP) for manure to be submitted as part of a CAFO’s Clean Water Act permit application. Previous rules required a CAFO operator to use an NMP for controlling manure, but did not required the NMP to be submitted with the permit application. The plan will be reviewed by the permitting authority and conditions based on it will be incorporated as enforceable terms of the permit.

The regulation also requires that an owner or operator of a CAFO that actually discharges to streams, lakes, and other waters must apply for a permit under the Clean Water Act. If a farmer designs, constructs, operates and maintains their facility such that a discharge will occur, a permit is needed. EPA is also providing an opportunity for CAFO operators who do not discharge or propose to discharge to show their commitment to pollution prevention by obtaining certification as zero dischargers.

Finally, the final rule includes technical clarifications regarding water quality-based effluent limitations and use of best management practices to meet zero discharge requirements, as well as affirming the 2003 rule requirement for reducing fecal coliform bacteria through the use of best conventional technology (BCT).

Caltha LLP offers expert technical support to wastewater dischargers needing to meet State and Federal discharge requirements. Caltha provides specialized expertise in State and Federal Water Quality Standards.

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

Motor Vehicle Air Conditioner Leakage Reporting Requirement

Beginning in 2009, auto makers are required to calculate and report refrigerant leakage rates for their vehicles sold in Minnesota. In 2008, Minnesota State Legislation was passed that requires reporting of leakage rates from motor vehicle air conditioners using HFC-134a as a refrigerant. The law applies to new vehicles that are to be sold in Minnesota on or after January 1, 2009. Auto manufacturers must report the leakage rate of refrigerant to the Minnesota Pollution Control Agency (MPCA) at least 90 days before the first date the vehicle is offered for sale. Currently, this requirement is for reporting only; no acceptable leakage rate criteria were established.

The reporting requirement applies to light duty vehicles and medium duty passenger vehicles and includes model year 2009 and later.

Caltha LLP assists manufacturers in meeting their product stewardship reporting requirements. For more information, go to Product Stewardship Services.

For further information contact Caltha LLP at
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Caltha LLP Website

Temporary Environmental Health & Safety Staffing – Contract EHS Services

Caltha LLP provides experienced EH&S personnel to fill corporate and facility positions. Positions can be filled on a full-time or part-time basis. Assignments typically range from a few weeks to several months. Temporary staffing can be used for:

• Short-term resource needs
• Workload leveling
• Staff leave of absence
• Bridge staffing while positions are being filled
• Special projects
• New program roll-out
• Reporting

Click here to request more information on Temporary EHS staffing.

Caltha is always interested in hearing from EHS professionals with corporate or facility EHS compliance experience. Click here to send an inquiry regarding staffing positions.

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