environmental compliance

February 12, 2020

The environmental reporting season is just around the corner.  Every year Ann O’Brien publishes a table to help you determine your reporting obligations. The table summarizes the most common types of environmental reports due to environmental regulatory agencies in Illinois, Indiana, and Wisconsin, along with respective due dates.

Table: environmental regulatory agencies in Illinois, Indiana, and Wisconsin

The professional engineers and consultants at SCS Engineers can help you navigate the local, state, and federal reporting obligations and permitting for your business, in your region, and in your industry.  Contact us at or find a professional like Ann, nearest you.

Ann O'BrienAnn O’Brien is a Project Manager with SCS Engineers with more than 30 years of experience in the printing industry. Ann’s experience includes air and water quality permitting, environmental recordkeeping, reporting and monitoring programs, hazardous waste management, employee EHS training, environmental compliance audits, and environmental site assessments and due diligence associated with real estate transactions and corporate acquisitions.

Thanks, Ann!

 

 

 

 

Posted by Diane Samuels at 6:01 am

February 3, 2020

The staff at SCS Engineers (SCS) has talked at length about how changing the parameters of a coal ash remediation project impacts the eventual outcome of that project. That involves not only the factors present at a particular site but also the regulatory environment in which that site operates, certainly as rules evolve regarding the disposal of coal combustion residuals (CCRs).

Two primary means of coal ash remediation are closure-in-place, or cap-in-place, of an existing coal ash storage site, and closure-by-removal. Closure-in-place involves dewatering the storage site, or impoundment, in effect converting from wet storage to dry storage of ash. A cover system is then used to prevent more water from entering the site.

Closure-by-removal involves dewatering of the coal ash, and then excavating it, and transporting it to a lined landfill or a recycling center.

“There are lots of technical reasons and site-specific factors that can influence a project’s outcome,” said Eric Nelson, vice president of SCS and an experienced engineer and hydrogeologist. “These might include the type and volume of CCR, the geologic setting [e.g., groundwater separation], presence and proximity of receptors [e.g., drinking water supply], and physical setting [e.g., constraints such as access, available space onsite for re-disposal, proximity/availability of offsite re-disposal airspace, etc.].”

Sherren Clark, an SCS team member with experience in civil engineering and environmental science, said “risk evaluation is a key component of remedy selection. A CCR unit undergoing an assessment of corrective measures [ACM] could be a 100-acre ash impoundment containing 30 feet of fly ash, but it also could be a 2-acre bottom ash pond. It could have numerous groundwater constituents exceeding drinking water standards by a significant margin, or it could have a single parameter slightly above the limit at a single well. And there could be water supply wells nearby in the same aquifer, or none for miles around. All of these factors play into the selection of a remedy that addresses the existing risks, without creating other negative impacts such as site disturbance, dust, or truck traffic.”

Tom Karwoski, a hydrogeologist and project manager for SCS who has designed and managed investigations and remediations at landfills as well as industrial, Superfund, and other waste storage sites, noted the challenges inherent to individual sites and stressed careful planning is needed to achieve the desired result. At some sites, “given the size and the nature of the impoundments, transport of CCR off-site may not be the best option.” When moving from the ACM to the remedy [selection], it’s extremely important to have multiple meetings with the client to set the schedule. Based on the way the [CCR] rule is written, things have to progress logically. There’s time available for careful planning. The last thing we want to do is start making assumptions without input from the client and other interested parties. Regulatory compliance and concern for the surrounding community and the environment are important to us and our clients.

“If the nature of the site in its current condition allows it, capping of the site will reduce surface water moving through the waste and significantly cut down on the risk of groundwater contamination,” Karwoski said. “At sites where you have CCRs that may be distributed across a site, to consolidate that onsite and then the cap will address CCRs impacting groundwater.”

Jennifer Robb, vice president and project director with SCS’s Solid Waste Services Division, and the company’s Groundwater Technical Advisor for the Mid-Atlantic region said her group has “done corrective measures for cobalt, arsenic, and thallium,” all contaminants found in coal ash. “There are some in situ bio-remediation that can be done, where basically you’re trying to alter the chemistry to immobilize the metal.” Jennifer noted that there are also more physical remedies where contaminated groundwater is extracted from the subsurface by pumping or the groundwater plume is contained or treated in-situ with the construction of “cut off trenches.”

Karwoski said, “we have no preconceived notions about what is best for all sites, but if you consolidate [waste] onsite and then cap, it will certainly take care of a lot of situations where you have CCRs impacting downgradient groundwater.” This approach may not be appropriate in every situation, but, if arrived at after thoughtfully navigating the remedy selection process defined in the current Federal CCR rules (40 CFR 257 Subpart D—Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments), should result in an approach that is effective based on the site-specific factors present.

Learn more here.

Read last month’s blog “Many Factors Influence Remedies for CCR Control and Disposal.”

 

 

 

 

Posted by Diane Samuels at 6:01 am

January 27, 2020

California leads the way in the United States with a GHG MRP and C&T program that continues to grow and link with other jurisdictions. The California Air Resources Board (CARB) Market Readiness Proposal initially started with basic facility reporting and has grown and adopted to include multiple non-facility specific sectors of the economy, as dictated by the growing initiatives and programs that CARB joins or creates. However, as the program applicability may change, the basics tenants of MRP stay the same with reporting and verification at the center of the program.

By having CARB’s C&T Program as a separate program, entities have to navigate if they have a compliance obligation and how they will meet that obligation in addition to complying with reporting requirements. Entities can reduce their emissions by switching to biomass-derived fuels or meeting their compliance obligation by using CARB-provided allowances or purchasing allowances and/or compliance offset credits.

As CARB’s programs grow, it will likely trigger similar growth in the western North American GHG programs and regional agreements. As discussed, Québec’s C&T system, which is linked with CARB’s program, has been growing and is being used to meet the Canadian federal GHG rules that are being put in place. Ontario’s program was annulled but shows that the discussion on how best to reduce GHG emission is a topic that continues to thrive, and we may see new programs developing even though some may hit some setbacks. The PCC shows that even if a Market Readiness Proposal and C&T Program is not the particular method chosen by a region to reduce emissions, many regions still see reducing GHG emissions as the future to create jobs, develop the economy, develop new infrastructure and maintain growth while protecting the environment.

Read the full abstract at SCS Engineers.

About the Authors:

Cassandra Drotman FarrantCassandra Drotman Farrant is experienced in environmental consulting, specializing in environmental assessment and greenhouse gas (GHG) verification. She has participated in GHG verification projects throughout the U.S.

 

Ray Huff

Raymond H. Huff is SCS Engineers’ National Expert on Greenhouse Gas. He specializes in landfill regulatory compliance; air quality/compliance issues, including GHG emissions quantification; and site assessment, remediation, and post-closure care.

 

Haley DeLongHaley DeLong is experienced in greenhouse gas (GHG) emissions, sustainable energy, and climate dynamics. She specializes in air quality consulting and has been involved in numerous projects related to air permitting and compliance with solid waste regulations, including preparing Title V and Non-Title V permit-to-construct/operate permit applications.

 

Learn more about GHG – carbon reduction here.

 

 

 

 

 

 

 

 

Posted by Diane Samuels at 6:00 am

January 20, 2020

Do Tracer Environmental professionals ever slow down? The SCS Tracer professionals at SCS Engineers were busy publishing new articles last month in addition to Operator Training. We’ve compiled several of them along with the most popular in our SCS library for your convenience. Select a title and start reading. Enjoy!

How to Properly Complete an IIAR 6 System Safety Inspection Checklist Form?  When filling out the ANSI/IIAR 6-2019 Ammonia Refrigeration Safety Inspection Checklists, located in appendix B, some of the information required may not always be readily accessible. This comprehensive article takes readers step-by-step through the process.

Epic Fails, Part Deux    Failures that come together, form a picture. The author discusses how we can begin to learn from these Epic Fails and start to take steps to prevent them in our plants.

Ammonia Pipe and Equipment Labeling – Part I   Recognized and Generally Accepted Good Engineering Practices (RAGEGEP), an overview of many of the standards and guidelines that are relevant to the ammonia refrigeration system labeling, and guidance on how to apply them.

Ammonia Pipe and Equipment Labeling – Part II    Options facilities have when choosing their RAGAGEP for pipe and equipment labeling.

It’s All in Your Past, RETA Breeze    Investing in the knowledge and development of your personnel is the first step towards making your management system world-class in the safe operation and maintenance of your ammonia refrigeration system.

Employee Training Under PSM/RMP   FAQs about designing a training program that is part of your facility’s PSM and RMP programs and provides a defensible position during inspections while ensuring that your facility operators and maintainers perform their jobs safely.

Mechanical Integrity, Documentation Discrepancies    Checks, and verification prevent big problems.

Managing Organizational Change: How it Impacts Your Ammonia Refrigeration System During periods of organizational change, we must keep in mind the potential impacts on our facility’s PSM/RMP or ARM programs, and on the operation of the ammonia refrigeration system itself.

PSM/RMP Compliance Audits: Who Should Perform Them?   What to look for in an auditor for hire? For starters, more than a consultant familiar with PSM/RMP regulations.

Management of Change: Have We Captured All of the Impacts of a Change?   It is vital to ask as many questions as possible regarding equipment changes under consideration. With more information, you may find that the proposed changes could impact safety.

 

 

 

 

 

 

 

 

 

Posted by Diane Samuels at 6:01 am

January 14, 2020

The U.S. Environmental Protection Agency (EPA) has identified 1, 2, 3 – Trichloropropane (TCP), which does not occur naturally in the environment, as an emerging chemical of concern that can threaten drinking water supplies. It states that TCP is a persistent pollutant in groundwater and has classified it as “likely to be carcinogenic to humans.” California State Water Board member Steven Moore called TCP an “insidious chemical” because it persists in the environment, sinks in water and is harmful in even tiny doses. Currently, there is no federal maximum contamination level (MCL) for TCP; however, there is a federal non-enforceable health-based screening level of 0.00075 ug/L.

Since 2012, TCP has been on the emerging Contaminant Candidate List (CCL), which is a watch list of unregulated contaminants that are known to, or anticipated to, occur in public water systems and may require regulation under the Safe Drinking Water Act (SDWA). The EPA has required, under the Unregulated Contaminant Monitoring Rule (UCMR), that large water systems test for TCP every five years with a minimum reporting level of 0.03 μg/L. This rule allows for the EPA to monitor contaminants suspected to be in drinking water that are unregulated under the SDWA. As a result of the testing, TCP has been identified across the US in drinking water sources. Currently, there is no federal maximum contamination level (MCL) for TCP; there is a federal non-enforceable health-based screening level of 0.00075 ug/L.

The author continues the paper with an examination of what TCP is and how it impacts our environment and our health. She then discusses regulatory policies and how California’s mandatory TCP standard could be a blueprint for other state water agencies currently investigating how to enhance their own drinking water protections from emerging contaminants.

Lyn covers some of the legal aspects, risks to businesses, detection, and treatment options to conclude her white paper. She also provides plenty of resources to start the journey toward sustainable treatment solutions that communities can afford.

 

Continue reading, share, or download the informative paper “1, 2, 3 – TCP: California’s Response to a Persistent Pollutant,”  by Lynleigh Love, SCS Engineers. 

 

Lynleigh LoveAbout the Author: Lynleigh Love is a Senior Project Geologist with SCS Engineers. She has been a professional geologist for more than 22 years with extensive technical expertise in environmental assessment, remediation, and regulatory compliance. Her experience includes groundwater/soil vapor monitoring, excavation work plans, and remedial action plans.

 

 

 

 

 

 

Posted by Diane Samuels at 6:03 am

January 9, 2020

PFAS are also key components in aqueous film-forming foam (AFFF), which is used to fight petroleum-based fires at aviation and manufacturing facilities. For decades, AFFF containing PFAS has been used extensively at airports throughout the world to protect the safety of passengers, crew, and others. The FAA requires that commercial airports train with, calibrate equipment with, and use the best performing AFFF fire suppression systems. AFFF is required to be used at airports and must be certified to meet strict performance specifications, including those mandated by the  U.S. Department of Defense Military Specifications.

How can airports, the aviation industry, and manufacturers begin to mitigate PFAS health risks?

 

Lynleigh Love and Chris Crosby of SCS Engineers discuss the risks and issues with PFAS-based firefighting foam used at airports. The authors cover the regulatory climate,  contamination investigations,  operational and environmental management and litigation, along with alternatives to using traditional AFFF. There are some possible alternatives that can mitigate health risks in your community.

Read this article to help inform your mitigation plan and strategies to minimize risk.

 

 

 

 

 

Posted by Diane Samuels at 2:35 pm

January 7, 2020

Article published in the January 2020 edition of Waste Advantage Magazine.

At the Federal level, GHG emission reporting has become part of the standard regulatory requirements; however, on the west coast, GHG programs continue to develop and evolve from reporting to reduction programs beyond federal requirements. Solid waste facilities can be impacted by all of these reporting mechanisms directly as a landfill located in the state in question, opting in for C&T as part of the LCFS in California, or in limbo, as the courts work out the legality of Washington’s Clean Air Act. More stringent federal GHG requirements are unlikely with the current administration, however, that could change with the 2020 election. In general, GHG rules and legislation keep developing and updating to account for and reduce GHG emissions.

Read, share, or download the full article here.

Cassandra Drotman FarrantCassandra Drotman Farrant is Project Manager with SCS Engineers. She has nine years of experience in environmental consulting, specializing in environmental assessment and greenhouse gas (GHG) verification. Cassandra has participated in many GHG verification projects throughout the U.S. and has completed approximately 70 Phase I Environmental Assessments (ESAs) in California, Oregon, and Washington. Phase I projects included research and review of geologic and hydrogeologic conditions at project sites and in the surrounding areas and evaluating the potential for soil and groundwater contamination from on and offsite sources. Cassandra has completed emissions estimates and inventories and has prepared numerous permit-to-construct/operate permit applications. She prepares compliance reports, which includes reviewing and maintaining records and regulatory deadlines.

SCS Engineers provides engineering, consulting, operations and monitoring services to report and reduce greenhouse gas emissions. Select a service category to learn more.

 

 

 

 

 

Posted by Diane Samuels at 6:00 am

December 19, 2019

Reprint of USEPA Press Release dated today.

WASHINGTON (Dec. 19, 2019) — Today, the U.S. Environmental Protection Agency (EPA) took another key step in implementing the agency’s PFAS Action Plan by announcing a new validated method for testing per- and polyfluoroalkyl substances (PFAS) in drinking water. This new validated test method complements other actions the agency is taking under the Action Plan to help communities address PFAS nationwide.

“EPA’s important scientific advancement makes it possible for both government and private laboratories to effectively measure more PFAS chemicals in drinking water than ever before,” said EPA Administrator Andrew Wheeler. “We can now measure 29 chemicals, marking a critical step in implementing the agency’s PFAS Action Plan—the most comprehensive cross-agency plan ever to address an emerging chemical of concern.”

EPA’s new validated Method 533 focuses on “short chain” PFAS, those PFAS with carbon chain lengths of four to 12. Method 533 complements EPA Method 537.1 and can be used to test for 11 additional PFAS.

Method 533 accomplishes a key milestone in the EPA PFAS Action Plan by meeting the agency’s commitment to develop new validated methods to accurately test for additional PFAS in drinking water. Method 533 also incorporates an analytical technique called isotope dilution, which can minimize sample matrix interference and improve data quality.

 

 

 

 

Posted by Diane Samuels at 4:59 pm

December 19, 2019

Voting for the Old Dominion Chapter’s 2020-2021 Board of Directors ended December 13, 2019. After tallying the votes, the following professionals were elected as new Directors, including:

  • Ryan Duckett of SCS Engineers
  • Clarke Gibson of Region 2000 Service Authority
  • Henry Strickland of Southeastern Public Service Authority (SPSA)
  • Tim Torrez of Republic Services

Congratulations!

Ryan Duckett is a Project Professional working out of SCS’s Midlothian, Virginia office. He is responsible for Sustainable Materials Management, or SMM, solid waste facilities and municipal planning solutions. Ryan also supports environmental engineering projects related to permitting, compliance, regulatory reporting, landfill gas modeling, construction quality assurance (CQA), and pollutant emission inventories at solid waste management facilities. Ryan is an active member of the SCS Engineers Young Professional Program that connects our young professionals with others providing community support, altruistic efforts, mentoring, networking, and social activities.

Virginia’s Solid Waste Association of North America (SWANA) organization works to advance environmentally and economically sound municipal solid waste management in Virginia. The “Old Dominion” Chapter as it is known consists of over 300 professionals actively working in the solid waste field throughout the Commonwealth. The membership represents the largest cross-section of solid waste managers, operators, and consultants in Virginia.

The Chapter seeks to foster networking and cooperation among solid waste professionals, including regulators and provides educational opportunities to enhance members’ expertise in the solid waste management field. Members carry out a variety of activities and programs to establish innovative research programs in the publics’ interest, scholarships and technical assistance. Learn more about membership on their website – http://www.swanava.org/.

 

 

 

 

 

Posted by Diane Samuels at 6:03 am

December 18, 2019

REPRINT OF USEPA PRESS RELEASE

WASHINGTON (Dec. 3, 2019) — Today, the U.S. Environmental Protection Agency (EPA) is announcing several actions to clarify and improve New Source Review (NSR) permitting requirements. These Clean Air Act actions are part of a suite of measures EPA is taking to modernize and streamline the NSR process, without impeding the Agency’s ongoing efforts to maintain and enhance the nation’s air quality. These actions will improve regulatory certainty and remove unnecessary obstacles to projects aiming to improve the reliability, efficiency, and safety of facilities while maintaining air quality standards.

“NSR reforms are a key component of President Trump’s agenda to revitalize American manufacturing and grow our economy while continuing to protect and improve the environment,” said EPA Administrator Andrew Wheeler. “NSR regularly discouraged companies from investing in and deploying the cleanest and most efficient technologies. Through the Trump Administration’s efforts, EPA is providing clarity to permitting requirements, improving the overall process, and incentivizing investments in the latest energy technologies.”

“For too long, New Source Review permitting requirements stifled job creation, hampered innovation and slowed the ability to modernize critical energy infrastructure. Worse, in previous administrations, the permits were weaponized, so liberal activists could delay key projects,” said U.S. Senator Jim Inhofe (OK). “New Source Review hasn’t been updated in over four decades—making it hard to integrate new technologies into our energy infrastructure. I’ve worked for years to modernize the review process, and applaud today’s action by President Trump and Administrator Wheeler to streamline the NSR permitting process.”

“One of my consistent frustrations with New Source Review is what seems to be a perverse incentive away from innovation. Thank you to Administrator Wheeler and the Trump Administration for recognizing this and finalizing these positive reforms,” said U.S. Senator Kevin Cramer (ND). “The EPA’s actions provide certainty while restoring the proper scope of the Clean Air Act.”

“I applaud the EPA for taking further steps to reform the New Source Review permitting program. NSR’s burdensome process can impede upgrades that would actually increase efficiency and improve air quality. The EPA is moving toward a better NSR program that streamlines the process without sacrificing environmental protections,” said U.S. Representative Morgan Griffith (VA-09). 

“I applaud Administrator Wheeler for implementing a strong regulatory reform agenda at the EPA. Today’s actions are a solid first step in the right direction to reform the NSR permitting program. I look forward to continue working with the Trump Administration to further reform NSR and allow America’s industry to make their units more reliable and efficient, while maintaining strong environmental standards,” said U.S. Representative Andy Biggs (AZ-05).

“President Donald Trump continues to deliver on his promise to cut burdensome regulations that strangle American manufacturing and energy development. These improvements to the New Source Review (NSR) permitting requirements will protect our air quality, while incentivizing businesses to grow and expand. I look forward to continuing to work with President Trump and Administrator Wheeler to cut needless regulations and create American jobs,” said U.S. Representative Alex X. Mooney (WV-02).

“This Administration is clearing the path for manufacturers to invest in more energy efficient technologies that conserve energy, reduce emissions, and keep U.S. manufacturers competitive,” said Portland Cement Association President and CEO Mike Ireland. “For energy-intensive industries like cement, strategic investment in energy efficiency and emissions reduction are key components of any long-term climate and sustainability strategy, and EPA’s New Source Review reforms announced today help unlock new opportunities for sustainable operation.”

Final Guidance: Revised Policy on Exclusions from “Ambient Air”

After considering public comments, EPA is issuing final guidance, identifying the sort of measures which EPA may take account of in determining whether a source owner or operator has precluded the general public from having access to its property. Where access is precluded, the portion of the atmosphere above that property is not considered “ambient air” for the purpose of conducting air quality analyses under the Clean Air Act. The guidance updates EPA’s policy to recognize that a variety of measures may be considered effective in keeping the public off a source owner/operator’s property. These measures, which account for advances in surveillance and monitoring, depend on site-specific circumstances and continue to include, but are now not solely limited to, fences or other physical barriers. State, local and tribal permitting authorities have the discretion to apply this guidance on a case-by-case basis. The regulatory definition of “ambient air,” as stated in 40 CFR § 50.1(e) to mean “that portion of the atmosphere, external to buildings, to which the general public has access,” remains unchanged.

Final Guidance: Interpreting “Adjacent” for New Source Review and Title V Source Determinations in All Industries other than Oil and Gas

EPA has also recently issued a final guidance that revises the agency’s interpretation of when multiple air pollution-emitting activities are located on sufficiently “adjacent” properties to one another that they should be considered a single source for the purposes of permitting. To determine what activities comprise a single source under the NSR and Title V air permitting programs, three factors must be satisfied: the activities must be under common control; they must be located on contiguous or adjacent properties; and they must fall under the same major group standard industrial classification (SIC) code. In this guidance, for all industries other than oil and natural gas production and processing for which there is a separate set of rules and to which this guidance does not apply, EPA adopts an interpretation of “adjacent” that is based on physical proximity only. The concept of “functional interrelatedness” would not be considered by EPA when determining whether activities are located on adjacent properties. This interpretation should help clarify and streamline the permitting process.

Additional NSR Proposals

EPA also recently issued a proposal to address minor errors that have accumulated over time in four NSR regulations. While these minor errors, such as outdated cross references and typographical errors, have not materially impeded the effective operation of the NSR program, EPA believes that it is important to remove such errors from the regulations in order to provide regulatory certainty and clarity. The proposed corrections are all considered to be non-substantive and are intended to provide clarity and precision to the NSR regulations without altering any NSR policy or changing the NSR program as a whole.

EPA is also proposing to remove from the NSR regulations various provisions, such as certain “grandfathering” provisions, that, with the passage of time, no longer serve any practical function or purpose. EPA will be taking comment on this proposal, which will be published in the Federal Register.

More information on these actions and other NSR improvements are available at: https://www.epa.gov/nsr

Coming Soon: Revisions to Petition Provisions of Title V Permitting Program

EPA is currently working to take final action on a 2016 proposal for revisions to the title V regulations. This proposal would streamline and clarify processes related to the submittal and review of title V petitions.

The proposed rule would bring more certainty for all stakeholders, including the sources required to obtain and maintain title V permits; more focused petitions; better title V permit records which are expected to result in fewer petitions; and reduced administrative burden in the EPA’s review of petitions in a tight timeframe.

Background

Congress established New Source Review as a preconstruction permitting program in the 1977 Clean Air Act Amendments. The program intended to ensure the maintenance of air quality standards around the country and that state of the art technology is installed at new plants or existing plants undergoing major modifications.

Under the NSR program, before constructing a new stationary emission source or major modification of an existing source, the source operator must determine whether the new source will emit or the project will increase air emissions above certain thresholds. If so, the operator may need to get a permit from a state government or EPA that may require installation of pollution control technology or other measures.

 

Contract your SCS project manager, or   if you have questions about the impact of these recent actions.

 

 

 

 

Posted by Diane Samuels at 6:03 am