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EPA SELF AUDIT PROGRAM

Communication PlanSeptember 2001

BACKGROUND

• I. REGULATORY EXPECTATIONS

• II. EPA SELF AUDIT POLICY

• III. ENV. MANAGEMENT SYSTEMS

EPAvs

Higher Education

(who let the dogs out?)

COMPLIANCE HISTORY

• Boston U: $2.3 million• U. of Hawaii: $2.1 million• MIT: $350,000• U. of New Hampshire: $380,000• Yale: $350,000• Region 3: $50,000-$400,000

EPA(philosophy for higher education)

• Commitment of resources to comply• High expectations• Obligation to train future citizens• Senior management support - “must be

more than good intentions”• Environmental Management Systems

EPAREGULATORY PROGRAMS

• RCRA - Hazardous waste/universal waste• Underground Storage Tanks• SPCC Plans (Oil spills)• Clean Air Act - NSPS (Boilers)• Clean Air Act - Ozone depleting substances

EPAREGULATORY PROGRAMS

• NESHAPS (Asbestos)• TSCA (PCB’s)• Risk Management Plans• FIFRA (Pesticides)• Lead Based Paint Disclosure Rule

EPA

SELF AUDITSELF DISCLOSURE

(Incentives for Self Policing)

EPA VIOLATIONS

• GRAVITY BASED PENALTIES

• ECONOMIC BENEFIT PENALTIES

Self Audit - Goals

• Environmental protection• Regulatory compliance• Avoid monetary penalties• Minimize adverse publicity• Control of the process??? - implement

compliance programs without an ACO

Root Causes of Noncompliance

• Lack of culture to attain/maintaincompliance

• Lack of systems to achieve compliance

• Lack of adequate audit / oversight functions

EPA SELF AUDIT POLICY(Conditions)

• Systematic Discovery• Voluntary Discovery• Prompt Disclosure• Independent of Government/Third Party• Correction and Remediation

EPA SELF AUDIT POLICY(Conditions)

• Prevent Recurrence• No Repeat Violations• Other Violations Excluded (serious harm to

“human health or the environment”)• Cooperation

AUDIT POLICY

• “Other violations excluded” - significantharm to human health or the environment

• Corrective actions - must certify

• Prevent recurrence

• Cooperation

SELF DISCLOSUREissues / concerns

• Expectations of the EPA

• Complexity of the regulatory requirements

• Size, scope of Rutgers

SELF DISCLOSUREissues / concerns

• Need to ensure comprehensive correctiveactions

• Cooperation of the University community

• Economic benefit penalties

EPASCHEDULE

• 1. Complete audit agreement (Oct. 2001)

• 2. Establish audit criteria / Identify staffand consultants (Oct. 2001)

• 3. Perform audits (Oct. - June 2001)

EPASCHEDULE

• 4. Submit disclosures March, June ‘02

• 5. Continue audits / corrective actionsJune - Dec.‘02

• 6. Establish EMS Oct. 01 - Dec.‘02

SELF AUDITCONCERNS

• Time, effort, expense to do the audits• Cost of corrective actions• Resources to maintain compliance• Potential for adverse publicity• Ability to negotiate agreement with EPA• Unknown course of action (no precedent

with academic institutions)

What do we expect?

“Prediction is very difficult,especially about the future.”

Niels Bohr

Environmental Performance

A need for a systems approach

Environmental ManagementSystem

• Provides a framework to achieve:– Compliance– Environmental Protection– Pollution Prevention– Continuous improvement


• I. POLICY STATEMENT• II. PLANNING• III. IMPLEMENTATION/OPERATIONS• IV.ASSESSMENT AND CORRECTION• V. MANAGEMENT REVIEW

Why an EMS?

• Lack of organizational infrastructure forcompliance with environmental reqmts.

• Poor delineation of roles, responsibilities,and accountability for compliance

• Lack of adequate systems for Env. Mgt.

EMS-what should it do?

• Manage environmental performance

• Ensure Compliance / Prevent releases

• Create accountability (in a decentralizedacademic research culture)


• EMS Self Assessment Checklist - CampusConsortium for Environmental Excellence

• EMS Primer for Federal Facilities - Officeof Environmental Policy and Assistance,USDOE and EPA

• ISO 14000• EMS Guide for Small Laboratories

Keep things in perspective!

• Protect People

• Protect the Environment

• Comply with Regulations

“It’s hard to run forward whileyou’re looking behind you.”

Jeff van Gundy(Coach, NY Knicks)

For more information:

• http://rehs.rutgers.edu (EPA Activities)

• www.epa.gov (Main EPA web site)

• www.epa.gov/region1/steward/univ/index.html (Region 1 web site for colleges)

•• Academic and biomedical research at the UniversityAcademic and biomedical research at the Universityresults in the generation of large quantities of wasteresults in the generation of large quantities of wastematerials. A large portion of the University’s researchmaterials. A large portion of the University’s researchwastes meet EPA’s definition of “hazardous waste”.wastes meet EPA’s definition of “hazardous waste”.

–– Protect faculty/staff/students/neighbors from potential hazardsProtect faculty/staff/students/neighbors from potential hazardsposed by these materials.posed by these materials.

–– Protect the environment from potential hazards posed by theseProtect the environment from potential hazards posed by thesematerials.materials.

–– Comply with regulatory requirements.Comply with regulatory requirements.

Why is Hazardous WasteWhy is Hazardous WasteManagement Important to Rutgers?Management Important to Rutgers?

•• EPA has recently undertaken a largeEPA has recently undertaken a largeenforcement campaign against educationalenforcement campaign against educationalinstitutions for violating environmental statues,institutions for violating environmental statues,including RCRA.including RCRA.

–– Enforcement action has resulted in issuance of large fines andEnforcement action has resulted in issuance of large fines anddamaging publicity for New England and Mid-Atlanticdamaging publicity for New England and Mid-AtlanticSchools.Schools.

Why is Hazardous WasteWhy is Hazardous WasteManagement Important to RutgersManagement Important to Rutgers

“Right Now”?“Right Now”?

Recent EPA QuotesRecent EPA Quotes

“. . . It has come to our attention that some colleges“. . . It has come to our attention that some collegesand universities do not fully comply withand universities do not fully comply withenvironmental regulations. If inspectionsenvironmental regulations. If inspectionsdetermine non-compliance, formal enforcementdetermine non-compliance, formal enforcementaction with monetary penalties against significantaction with monetary penalties against significantviolators is possible.”violators is possible.”

Letter From: George Pavlou, Director Division of Enforcement and ComplianceLetter From: George Pavlou, Director Division of Enforcement and ComplianceAssistance To: Dr. Francis Lawrence, President Rutgers, The State UniversityAssistance To: Dr. Francis Lawrence, President Rutgers, The State Universityof New Jerseyof New Jersey

“. . . EPA is committed to holding educational“. . . EPA is committed to holding educationalinstitutions to the same high standards that weinstitutions to the same high standards that weall expect of private industry. . . EPA is devotingall expect of private industry. . . EPA is devotingsignificant resources to ensure that colleges andsignificant resources to ensure that colleges anduniversities meet their responsibilities. Ouruniversities meet their responsibilities. Ourefforts include strong enforcement . . .”efforts include strong enforcement . . .”

Letter from Director of Enforcement, EPA Region 1, to Presidents ofLetter from Director of Enforcement, EPA Region 1, to Presidents ofover 200 Colleges/Universities in the New England Region.over 200 Colleges/Universities in the New England Region.

Recent EPA QuotesRecent EPA Quotes

What Effects Will These Changes Have onWhat Effects Will These Changes Have onManagement of Hazardous Waste in myManagement of Hazardous Waste in my

Laboratory?Laboratory?•• Laboratories will now be managed as “SatelliteLaboratories will now be managed as “Satellite

Accumulation Areas” as opposed to “90-dayAccumulation Areas” as opposed to “90-dayAccumulation Areas”.Accumulation Areas”.

•• Hazardous waste labels will change.Hazardous waste labels will change.

•• Requirements to date hazardous waste containers,Requirements to date hazardous waste containers,upon filling them, will be eliminated.upon filling them, will be eliminated.

•• 90-day limit on hazardous waste storage in laboratories90-day limit on hazardous waste storage in laboratorieswill be eliminated.will be eliminated.

•• Regulatory requirements for laboratory workers toRegulatory requirements for laboratory workers toreceive yearly RCRA training will be eliminated.receive yearly RCRA training will be eliminated.

•• Limits on how much (volume) hazardous waste may beLimits on how much (volume) hazardous waste may beaccumulated in each laboratory will be instituted.accumulated in each laboratory will be instituted.

•• Limitations on where hazardous wastes can be storedLimitations on where hazardous wastes can be storedwill be instituted.will be instituted.

•• Each individual laboratory’s control of their hazardousEach individual laboratory’s control of their hazardouswaste must be ensured.waste must be ensured.


Laboratory?Laboratory?

•• Each laboratory will receive an initial, in-lab,Each laboratory will receive an initial, in-lab,consultation from REHS and supplies to supportconsultation from REHS and supplies to supportimplementation of SAAs. Supplies will includeimplementation of SAAs. Supplies will includetechnical guidance documents, postings, secondarytechnical guidance documents, postings, secondarycontainment, and a means to delineate SAAs.containment, and a means to delineate SAAs.

•• Each laboratory will receive subsequent guidance, andEach laboratory will receive subsequent guidance, andfeedback, in the form of follow-up visits from REHSfeedback, in the form of follow-up visits from REHSstaff.staff.


Laboratory?Laboratory?

Satellite Accumulation RuleSatellite Accumulation Rule

“A generator may accumulate as much as “A generator may accumulate as much as 55-55-gallons of hazardous waste or 1-quart ofgallons of hazardous waste or 1-quart ofacutely hazardous wasteacutely hazardous waste . . . in containers . . . in containers atator near any point of generationor near any point of generation where wherewastes initially accumulate, which is wastes initially accumulate, which is underunderthe control of the operator of the processthe control of the operator of the processgenerating the wastegenerating the waste, without a permit or, without a permit orinterim status. . .”interim status. . .”

40 CFR 262.34(c)(1)40 CFR 262.34(c)(1)

Accumulation LimitsAccumulation Limits

•• Generator allowed to accumulate up to:Generator allowed to accumulate up to:–– 55-gallons of hazardous waste and/or55-gallons of hazardous waste and/or–– 1-quart of acutely hazardous waste1-quart of acutely hazardous waste

per SAA.per SAA.•• Acutely Hazardous Waste:Acutely Hazardous Waste:

Certain wastes containing chemicals on the P-list areCertain wastes containing chemicals on the P-list areconsidered acutely hazardous waste. If you generateconsidered acutely hazardous waste. If you generatewastes containing these materials please contactwastes containing these materials please contactREHS so that a waste determination can beREHS so that a waste determination can beperformed.performed.

Accumulation LimitsAccumulation Limits•• REHS currently provides waste removal services toREHS currently provides waste removal services to

all campuses on an as needed basis.all campuses on an as needed basis.

•• Waste should be offered for disposal as it isWaste should be offered for disposal as it isgenerated (do not stockpile wastes).generated (do not stockpile wastes).

•• Although allowed under SAA rules, approachingAlthough allowed under SAA rules, approachingaccumulation limits may not be safe in allaccumulation limits may not be safe in allinstances. The National Fire Protection Agencyinstances. The National Fire Protection Agencylimits the quantity of flammable liquids that may belimits the quantity of flammable liquids that may bestored in each laboratory.stored in each laboratory.

“At or Near” Requirement“At or Near” Requirement

•• Hazardous wastes may be accumulated “. . .Hazardous wastes may be accumulated “. . . inincontainers at or near any point of generation wherecontainers at or near any point of generation wherewastes initially accumulate . . .”wastes initially accumulate . . .”

•• “At or near”“At or near” will be interpreted as on the same floor as will be interpreted as on the same floor asthe process generating the waste. Please note that therethe process generating the waste. Please note that thereare also requirements for control of SAAs. The fartherare also requirements for control of SAAs. The fartheraway from the point of generation, the more difficult itaway from the point of generation, the more difficult itis to demonstrate and maintain control of an area. Theis to demonstrate and maintain control of an area. Themost desirable scenario is one where an SAA is locatedmost desirable scenario is one where an SAA is locatedin the same room as the process generating the waste.in the same room as the process generating the waste.

Waste Stream RestrictionsWaste Stream Restrictions

•• Wastes stored in a single SAA are limited toWastes stored in a single SAA are limited toone waste stream or a combination ofone waste stream or a combination ofcompatible waste streams.compatible waste streams.

–– Waste StreamWaste Stream: material generated as a result of amaterial generated as a result of adistinct and limited process, procedure, ordistinct and limited process, procedure, oractivity.activity.

Chemical CompatibilityChemical Compatibility

•• Incompatible chemicals are chemicals thatIncompatible chemicals are chemicals thatreact with each other;react with each other;–– ViolentlyViolently–– With evolution of substantial heatWith evolution of substantial heat–– To produce flammable productsTo produce flammable products–– To produce toxic air productsTo produce toxic air products

•• Incompatible waste streams must be stored inIncompatible waste streams must be stored inseparate SAAs.separate SAAs.

Note: Use EPA Document Numbered, “EPA-600/2-80-076” to aid in determiningNote: Use EPA Document Numbered, “EPA-600/2-80-076” to aid in determiningchemical compatibility.chemical compatibility.

These materials are incompatible andThese materials are incompatible andmust be stored in separate SAAsmust be stored in separate SAAs

Control of SAAsControl of SAAs•• A generator may accumulate waste in anA generator may accumulate waste in an

area area “. . . “. . . which is under the control of thewhich is under the control of theoperator of the process generating the waste .operator of the process generating the waste .. .”. .”

• A person responsible for generating waste stored in aSAA MUSTMUST also maintain control of the area.Control can be achieved by surveillance or byrestricting access to areas that cannot be kept undersurveillance by the generator of the waste.

Container Management inContainer Management inSAAsSAAs

•• Wastes stored in containers that are leakingWastes stored in containers that are leakingor in poor condition must be transferred to anor in poor condition must be transferred to anappropriate container.appropriate container.

•• Wastes must be compatible with containers.Wastes must be compatible with containers.•• Containers holding wastes must be closedContainers holding wastes must be closed

unless waste is being added or removed.unless waste is being added or removed.•• Containers must be labeled with a black andContainers must be labeled with a black and

white Rutgers University hazardous wastewhite Rutgers University hazardous wastelabel.label.

Waste containers must be capped unlessWaste containers must be capped unlesswaste is being added or removed.waste is being added or removed.

Good Examples of SecondaryGood Examples of SecondaryContainmentContainment

Bad Examples of SecondaryBad Examples of SecondaryContainmentContainment

r

Hazardous Waste(For Satellite Accumulation Areas)

Rutgers, The State University of New Jersey

Chemical Contents: (% vol. or %weight) circle one

_______________________________% ____________________________________%

_______________________________% ____________________________________%

_______________________________% ____________________________________%

_______________________________% ____________________________________%

Are heavy metals present? Yes No (If yes, add to chemical contents section)

SAA Manager: _____________________________ Telephone #: ___________________

Campus: ___________________ Bldg.: ____________________ Rm#: ________________

Have Accumulation Limits Been Exceeded: YES NO (Circle One)

(55-gallons Hazardous Waste and/or 1-Qt Acutely Hazardous Waste)

If yes, please indicate date excess accumulation began: ____/____/____

IN CASE OF EXCESS ACCUMULATION, CONTACT REHS IMMEDIATELY: 732-445-2550

SAA RecapSAA Recap•• Accumulation Limits Per SAAAccumulation Limits Per SAA

–– 55-gallons Hazardous Waste55-gallons Hazardous Waste–– 1-Qt. Acutely Hazardous Waste1-Qt. Acutely Hazardous Waste–– If exceeded, date containers holding excess waste and call REHSIf exceeded, date containers holding excess waste and call REHS

immediately.immediately.

•• Control of the SAAControl of the SAA– A person responsible for generating waste stored in a SAA MUSTMUST

also maintain control of the area.– Control can be achieved by surveillance or by restricting access to

areas that cannot be kept under surveillance by the generator of thewaste.

•• “At or Near” Requirement“At or Near” Requirement–– “At or near”“At or near” will be interpreted as on the same floor as the process will be interpreted as on the same floor as the process

generating the waste.generating the waste.–– The farther away from the point of generation, the more difficult itThe farther away from the point of generation, the more difficult it

is to demonstrate and maintain control of an area.is to demonstrate and maintain control of an area.

•• Waste Stream RestrictionWaste Stream Restriction–– SAA limited to combination of compatible waste streams.SAA limited to combination of compatible waste streams.–– Use EPA compatibility chart to determine compatibility.Use EPA compatibility chart to determine compatibility.

•• Container ManagementContainer Management–– Container integrityContainer integrity–– Container/Waste compatibilityContainer/Waste compatibility–– Covered/CappedCovered/Capped–– LabeledLabeled

SAA RecapSAA Recap

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