Environmental Compliance… Made Easy

OEPAWritten By:  Alex Weinzapfel

As the U.S. Environmental Protection Agency (EPA) and a litany of state compliance agencies ramp up their battle against wayward businesses, environmental compliance has become more important than ever. As state budgets get tighter, state compliance agencies have turned to blistering penalties for breaching environmental compliance regulations and enforcement has reached a feverish high, with very little sign of cooling down.

Crippling financial penalties are not uncommon and those who are especially delinquent may even face criminal charges for non-compliance. What does this mean for businesses who fall under the regulatory umbrella of environmental agencies and their host of eagle-eyed auditors? From a risk management standpoint, environmental compliance just became a priority.

Facets of Success

Environmental compliance is much like a diamond. Each area of potential environmental impact must be studied, shaped, and polished to ensure your business reaches its maximum value and potential. The positive news is you can successfully manage each facet of successful environmental compliance for yourself. Here are four tips for sculpting your compliance diamond:

1. Evaluate Your Company’s Regulatory Responsibility

Regulatory agencies enforce numerous complex and convoluted sets of regulations. Each company must examine these rules and determine which regulations apply to them. Some of the most common examples include:

• Clean Water Act (CWA)
• Clean Air Act (CAA)
• Resources Conservation and Recovery Act (RCRA)
• Toxic Substances Control Act (TSCA)
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
• Safe Drinking Water Act (SDWA)

Keep in mind, evaluating environmental compliance regulations as they apply to your company can be a daunting task. An accurate assessment of your compliance requirements may involve seeking outside help from trained professionals.

2. Implement an Environmental Compliance Policy that Fits Your Specific Needs

The second facet of effective environmental compliance is to implement policy and procedures that apply to your regulatory obligations. No two companies are the same and each business must install compliance systems unique to their needs. Your business may need to execute or prepare for multiple tasks in tandem to ensure compliance. These burdens may include:

• Audits
• License or registration applications
• Fees
• Record collection and storage
• Discharge restrictions
• Spill remediation

Building effective compliance practices is a full-time job and even small mistakes can be extremely costly. Ensuring your business has the proper tools to achieve a clean compliance record is essential for keeping efficiency high and costs low.

3. Maintain Success

The best way to avoid scrutiny from the watchful eye of any regulatory agency is to avoid rocking the boat. Sticking to a system that works sounds easy enough, but doing so requires constant care and a lot of energy. Focus on preserving the effective portions of your compliance policies and procedures. Priorities for your business may include:

• Encouraging environmental compliance in your corporate culture
• Maintaining documentation and licensure
• Internal auditing/monitoring
• Training and education programs
• Communicating efficiently

Focus on keeping your environmental compliance practices simple and practical. Make it easy for everyone involved to follow along, keep them informed, and continue to implement what works.

4. Correct Failure and Monitor Change

Environmental regulations are complex, cumbersome, and rarely remain static. Businesses must be ready to step in and make changes to ineffective policy and implement new policy as regulations and commercial operations change. Some of the many challenges your business might face include:

• Failed audits
• Inexperienced staff and turnover
• Re-interpretation of existing regulations
• Sudden information requests from regulatory agencies
• Public environmental complaints
• Waste shipment delays

Correcting ineffective procedures is equally as important as maintaining effective procedures. Every business must monitor the specific regulations that apply to them and ensure they update policies based on potential changes. Companies must also seek out faults in their environmental compliance practices and correct them promptly to avoid potential penalties.

Risk Management

Self-managing environmental compliance is no simple task. As with most do-it-yourself solutions, there is inherent risk and certainly a tremendous amount of time and effort needed to be invested in order to maintain consistent compliance. The intricacies of environmental regulations coupled with the everyday duties of running a business make self-management an unpleasant experience for many. Fortunately, there are far better alternatives than trying to manage regulatory compliance all by yourself.

Finding a qualified consultant who fits your needs and who can help you effectively manage your company’s environmental compliance is increasingly important. Choosing to work with experienced professionals can make a world of difference for most businesses. With the help of qualified experts at Patriot Engineering and Environmental, Inc., the daunting task of thorough environmental compliance becomes much easier. Patriot’s experienced staff with state and federal agencies are ready to assist you!  Call us today at 317-576-8058 or email us at info@patrioteng.com.

Alex Weinzapfel, Environmental Compliance Project Manager at Patriot, offers hands-on experience in RCRA hazardous waste management, compliance, permitting, enforcement and groundwater monitoring.