Regulatory Compliance  

WE PERFORM PRIVATE CONSULTING IN A NUMBER OF REGULATORY AND SAFETY AREAS: OSHA AND EPA REGULATIONS, AS WELL AS SELECT USDA, FDA AND ILLINOIS DEPARTMENT OF AGRICULTURE REGS.  

  OSHA PSM & EPA RMP, EPCRA (Tier II)

COMPLIANCE SERVICES FOR AMMONIA REFRIGERATION SYSTEMS: OUR SPECIALTY

It is our mission to help you to keep your workplace safe and your environment clean, to train your employees, to generate and file the appropriate documents, and thereby to stay in compliance with Federal and State regulations.

We are continuing to work on Tier II reports for clients, in compliance with SARA Title III / EPCRA [Emergency Planning and Community Right to Know Act].  Filings with various agencies and municipalities are due by March 1 of each year.  Our focus is currently on the food industry.  Many in this industry make the mistake thinking that only the ammonia refrigerant must be reported annually.  This is a major error.  

In the food industry, as in other industries, all solvents, all cleaning agents, all acids, all refrigerants, all water treatment chemicals, must be evaluated for compliance with the SARA Title III regulations.  For example, “Divosan MH” is a disinfectant for professional use, often in the food industry.  However, it contains a high concentration of nitric acid, CAS 7697-37-2.  If handled properly this is not a problem.  However, no matter how it is handled, nitric acid is considered an “EHS”, an Extremely Hazardous Substance, and, if it is stored on site above a certain quantity, it must be reported.  Nearly all chemicals constituents used in, or for, any of a number of applications must be addressed to determine if they must be reported.  If there is anyone there who needs help, or knows of someone who does, please contact me ASAP.  As of the end of February there are only 4 weeks left before the filing deadline.  

Some of the regulations we can effectively address for you are:

• PSM.  Process Safety Management of Highly Hazardous Chemicals (OSHA 29 CFR Part 1910.119).  Remember that even if you have quantities below threshold values, you are still required to follow the General Duty Clause.   
• RMP.  Risk Management Planning (Section 112(r) of the Clean Air Act; EPA 40 CFR Part 68).  The deadline for submittal to the EPA was June 21, 1999 and should have been re-submitted June 2004.   Be reminded that the fine for non-compliance is $27,500 per day!  Contact us immediately if you have greater than 10,000 lbs of  any of a number of chemicals (e.g., anhydrous ammonia) that could trigger compliance with this regulation or PSM.  Even if you are in the food business, the anhydrous ammonia in your refrigeration system requires you to be in compliance.  This can be for as little as 500 pounds for certain regulations (SARA Title III, see next).  And remember, periodic audits are mandatory!!!
• SARA Title III.  This regulation (Emergency Planning and Community Right to Know Act, or EPCRA) requires a number of different filings with government agencies.  This is the post-9/11 era.  You can't make believe security issues will go away.  The Federal and State governments REQUIRE that you register all chemicals at your facility with only a few exceptions.  Unless you are a chemist (and sometimes if you are!), you will undoubtedly miss some chemicals at your facility and place your firm in financial jeopardy.  Also, the presence of many chemicals in your products must be reported.  Other issues also exist.  For example, even if you don't produce or consume a single pound of chemicals at your facility, "otherwise use" above a certain level will trigger the need for compliance with Section 313 (Toxic Release Inventory, or TRI).   The submittal of a Form R will then be required.  
• SWPPP.  Storm Water Pollution Prevention Plans.  If you move chemicals or food at your facility (even deliveries and shipping), kick up dust (have a gravel road?), or contemplate some earth moving as part of a construction project at your facility, you must have a plan to prevent pollutants of any kind from getting into the storm drains, rivers and lakes.    
• RCRA. Resource Conservation and Recovery Act.  If you don't produce waste of any kind you may not need to be concerned with RCRA.  However, if you produce any waste, period, it is a good idea to know how RCRA affects you and how to stay in compliance.   
• Audits.  We have significant experience in helping customers that are being investigated by OSHA, EPA and FDA auditors.  We specialize in auditing the auditors.   We will help you develop strategies for compliance.  Let us audit your system before the authorities do!  
• PCBs.  Polychlorinated biphenyls... especially if you have a PCB-containing transformer on site.  We can help with project management, emergency plans and decommissioning.   

TRAINING TRAINING TRAINING

The first step taken for compliance is to put together a plan that is specific to your facility.  However, compliance with every known regulation is meaningless unless your employees are sufficiently well trained to comply with the plan that you have developed.  Paper sitting on a shelf, or documents in a computer, are meaningless unless the appropriate employees know the content and are ready and able and willing to carry out the details of the plan.  This includes oral and written exams to assure knowledge and ability and desire to carry through.