Cleaning House How to know absolutely everything about environmental, health, and safety compliance (or at least, whom to ask if you don’t). Consulting firms such as Zephyr Environmental Corp. are in the business of making sure you don’t slip up. By K.F. Moffett Among the millions of people who visited an amusement facility in 2003, the chances are good that few of them stopped between the water coaster and the nacho cart to consider roadway air quality or proper wastewater dispersal. This is as it should be, of course, but amusement facilities and manufacturers alike should know that there are abundant environmental, health, and safety issues, some of which they may not be aware of. This is where companies like Zephyr Environmental come in. A park’s or manufacturer’s strategic environmental, health, and safety (EHS) management system encompasses everything from obtaining necessary permits, properly managing chemicals, and creating and implementing programs to address regulatory compliance requirements, to training employees on specific aspects of these programs, such as emergency response. Consequences of not having such a system can include regulatory compliance problems and fines, poor employee and/or customer relations, and sloppy operations. “A well-designed and implemented strategic EHS management system is a powerful way to ensure a park or manufacturing facility maintains operations that meet performance expectations set by customers, employees, investors, neighbors, and regulators,” says Joe Zupan, president of Zephyr Environmental Corporation. Zephyr offers a range of environmental services, from consulting to employee training. It has built its practice on helping companies either create or strengthen their existing EHS programs for air, water, waste, incident management, and workplace and community safety and is staffed with a variety of engineers, chemical, civil, environmental, and industrial, as well as health and safety professionals, hydrogeologists, and environmental scientists. Zephyr begins its work by assigning a project manager to a park or manufacturer’s facility to see what local, state, and federal permits are required, including those required by the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). Some permits will differ from state to state and are based on the facility’s operations and types and amounts of materials, hazardous and non-hazardous, dealt with on a given site. “Our impression is that a lot of parks and manufacturers don’t realize that their operations pose environmental impacts and, as a result, trigger regulatory requirements,” says Jeanne Yturri, a principal with the company and its senior EHS management specialist. “Any time chemicals are used, waste is generated, wastewater is discharged, rainwater falls on industrial operations, or emissions are produced, the environment is impacted. “Many of our clients have found that a sound strategic EHS management system saves money and leads to a more efficient operation,” says Yturri. “This is accomplished by developing and implementing effective programs and providing behavior-based training that focuses the awareness of employees on properly implementing EHS programs and solutions.” Dave Sorrells, a senior project engineer specializing in water and wastewater, gives as an example rainwater impact, which, he says, is a major regulatory concern that many companies are not even aware of. Federal, state, and local regulators enforce complicated storm water protection programs, including requirements to develop a Storm Water Pollution Prevention Plan (SWP3). Facilities must also perform specific “best management practices” and maintain a permit to discharge storm water during or after rain. Since as little as one quart of motor oil can pollute 250,000 gallons of drinking water, Sorrells says, facilities that use any type of oil, including cooking oil or oil stored in transformer boxes, must be aware of precautions for managing it properly. In addition to oil, chemicals and other hazardous materials also require containment structures to maintain and special handling equipment and spill response materials to think about. Employees must also be trained; inspections must be performed. It is not always obvious what makes for worrisome spills and what does not. In the food manufacturing facility of one of Zephyr’s clients, a hose line leaked orange juice concentrate, spilling about 200 gallons onto the roof. After the spill was cleaned up, the client flushed the juice down the sanitary drain. But the local water quality authority found out that they had put orange juice down the drain and threatened to fine the company because it was thought the orange juice might negatively affect the municipal wastewater treatment plant. Orange juice, at least in municipal wastewater parlance, is catalogued as a pollutant, because it can cause excessive biological oxygen demand (or BOD). According to Sorrells, Zephyr successfully proved, through combined wastewater discharge formula calculations, that the amount of orange juice discharged could not have resulted in a BOD concentration in excess of the permitted discharge level. Another example of something that Yturri says amusement parks and manufacturing sites need to be aware of is the air pollution emitted from certain maintenance operations, including painting, fiberglassing, and welding, and from combustion sources such as diesel or gas-fired engines, ovens, boilers, and furnaces. “Many of these sources of emissions must be authorized by regulatory authorities, and the amount of chemicals or fuels used in them or emitted from them must also be tracked and reported,” Yturri says. “In addition, EPA is working on legislation that is expected to reduce emissions from non-road diesel engines by 2007.” An EHS management system has more importance than just protecting the environment. A facility without the proper regulatory permits could be found in violation by the environmental authorities and may be fined, or worse. “Environmental penalties can extend to owner and management personnel,” says Yturri. Dealing with EHS Incidents EHS incidents happen in all degrees of severity, says Kiley Taylor, incident management specialist and manager of training services at Zephyr. They may affect the business itself, the employees, or the surrounding community. Properly responding to an EHS emergency depends on a solid plan and educated employees. “Being unaware of applicable EHS regulations does not insulate an operation from enforcement, either in the form of fines or complete operational shutdown by a regulatory authority,” Taylor says. A minor EHS incident, and one of the more common, is a written notice of violation for noncompliance with a regulation. A federal, state, or municipal inspector might show up unannounced to inspect a facility, request copies of production records and permits, and issue the violation based on the existence of and compliance (or noncompliance) with these documents. More serious is the possibility of employee injury or death in the workplace, whether through a slip or fall, contact with machinery, or an overexposure to chemicals. Employee exposure to chemicals and/or materials used in fiberglass or painting operations (because of poor housekeeping or inadequate ventilation) is common within the attractions industry. One of OSHA’s top 10 monetary fines in 2002 was issued to a fireworks manufacturer who, through improper storage and handling of explosives and failure to train and protect workers, injured three employees in an explosion. According to Taylor, “Proper storage of chemicals and safety precautions such as training, use of machinery guards, and personal protective equipment can help prevent injury and are a part of a strategic EHS management system. “ Whenever materials (fireworks, chemicals, oils, cleaning compounds, foodstuffs, etc.) are used, there is a potential for them to be spilled. Regardless of the size or severity of the spill, trained personnel will have to assess and remedy the situation. Education is the key here because the incorrect action could worsen the incident, particularly in the event of a chemical spill or fire. Even a trained emergency response team must know the limitations of its capabilities and resources. Therefore, the site’s incident management plan must anticipate when public or contracted first responders may need to be called. Most critical are catastrophic events, such as fire, major spills, terrorism, domestic violence, sabotage, and natural disasters, which can all lead to a major EHS emergency situation that could impact employees, customers, guests, or neighbors. These types of things can be widely publicized, and depending on how they are handled, can quickly become a public relations nightmare. Prevention, preparedness, and a rapid, effective response are the only antidote for these situations. This is why it is vital for all facilities to have a sound EHS plan in place. Implementing an EHS Plan According to Yturri, “Creating an EHS management system for an amusement facility involves addressing the same elements as with other operations since so many different types of activities are conducted within an amusement park or attraction—painting, cleaning, machining, operating motorized equipment, food processing, water treatment, material storage and handling, etc.” Elements of an EHS management system include identifying regulatory requirements, providing employee training, implementing operational controls, correcting or preventing EHS problems, preparing for and responding to emergencies, and more. An effective EHS management system must address these elements in keeping with the organization’s culture and business philosophy, site-specific conditions, and resources. If one of Zephyr’s clients was looking to purchase property for an operation, for example, Zephyr would assist the client by performing Phase I or Phase II Environmental Site Assessments (ESA). Zephyr would evaluate the property’s history and possibly conduct soil or groundwater sampling to ensure that the site was not polluted. Yturri says that a municipality in Texas recently began excavations for a new building. Everything on the surface appeared to be fine. When construction began on the site, four workers were sent to the hospital following an explosion. Initially, it was thought that they had accidentally hit a gas line while digging, but it turned out that the property’s previous owner had illegally buried highly explosive chemicals. An effective ESA that involved sampling could have spared them not only the accident, but also the purchase of the contaminated property. Once the property is purchased, Zephyr works with the construction design team to determine the environmental impact of the proposed operation, obtaining the necessary permits from all applicable agencies. “All aspects of the operation should be considered, and permits may be required for air, water, and waste operations,” says Yturri. “In addition, a record-keeping and recording system is typically required for tracking chemical inventories and emissions, and we would help a client develop customized tools and databases to manage, track, and report this information.” The location of the property sometimes dictates additional regulatory permitting and public approval. For example, some areas (around Los Angeles, Houston, and New York City, for example) are classified as “non-attainment” areas. Companies who might want to locate or even expand their operation in non-attainment areas must demonstrate that they will not add to the air quality problems that already exist in the area. “Park and manufacturing operations require that EHS issues be addressed on an ongoing basis,” Yturri says. “Water, soil, and groundwater must be protected. Chemicals must be used and stored properly. Waste must be managed effectively, both on and off site. Emissions to the air must be minimized and/or controlled. And employees must be continually trained regarding EHS practices and procedures to demonstrate regulatory compliance and achieve performance expectations.” An operational park or facility could also require amendments to authorizations or permits, due to changes in regulations or if changes are made to the operations. Changes include expanding operations as well as shutting down or modifying existing operations. A complete facility closure triggers a myriad of regulatory notifications in order to adequately address long-term environmental contamination or exposure issues. In addition, work conducted by contractors at a site can also require permit regulatory notifications and/or authorizations, or be a source of hazardous releases or EHS risk. The facility operator has responsibility under EHS laws to ensure that contractor personnel follow any applicable regulatory requirements. Any problem that occurs at a facility, whether an employee or a contractor causes it, will generate negative publicity for the owner/operator of the facility. Yturri says that there is currently a strong push in the United States toward ranking facilities and corporations by their EHS compliance and making this information publicly accessible via the Internet. Any violation or fine would impact a facility’s ranking and would be viewable by the public. The last thing any company wants is to see its name tarnished by an environmental, health, or safety allegation. EHS Checklist • Do you have an EHS management plan in place to address how your operations impact the environment? • Have you recently performed an environmental audit of your facility? • Do you have a contingency plan that addresses all of your possible incidents? • Do you have different plans for different types of emergencies, or are they all consolidated into a single, easy-to-use plan? • Have you considered a Business Protection Plan? • When was the last time you tested your plan with a drill or exercise? • Do you have an on-site Emergency Response Team? If you use chemicals: • Have you provided a Storm Water Prevention Plan to EPA and conducted training and inspections required by your SWP3? • Do you fall under SIC codes 20-39 (which include most manufacturing)? If so, have you provided Toxic Release Inventory reports to EPA and your state agency? • Should you submit your Tier II reports to your state agency? If you have 10 or more employees: • Are you in compliance with the new OSHA record-keeping rule? • Do you have written health and safety programs and formal employee safety training? If your facility emits particles or vapors: • Have you submitted your Air Emissions Inventories to EPA and your state agency? • Have you obtained your authorization/permits from EPA and your state agency? • Do you have a record-keeping system in place for tracking your air emissions? If you have waste: • Do you transport, prepare for transport, or receive anything involving hazardous materials and have you recently trained your employees on DOT HazMat? • And have significant quantities of chlorine, anhydrous ammonia, or sulfur dioxide, have you submitted a Risk Management Plan to EPA?