Permitting and Inspections/How to Survive the Process: Md Mursalin Rahman Khandaker (ECCI) Arkansas Environmental Federation Air Seminar Presentation

Md Mursalin Rahman Khandaker undertook a presentation at the Arkansas Environmental Federation Air Seminar titled:

Permitting and Inspections: How to Survive the Process (“Presentation”).

Mr. Khandaker is an Environmental Scientist with ECCI.

The Presentation initially addressed inspection procedures defined as a:

… regulatory assessment conducted by the Department of Environmental Quality.

The purpose is to ensure compliance with environmental laws regarding air, water, and land quality.

Additional purposes include:             

• Make sure facilities in compliance.
  • State regulations.
  • Federal regulations.
• Compare actual operations with operating air permit.

The Presentation then addressed:

• Open-Book Test.
• Start of inspection.
  • Unannounced.
  • Typically, only one inspector.
  • If more, don’t panic (likely a training exercise).
• Denial of entry will have adverse effects.
  • More inspectors (not training).
  • Legal advice from attorneys.

Issues associated with confidential business information were discussed, noting:

• Inspectors are used to dealing with this issue.
• Protocol is in place to ensure protection.
• Not every record and piece of equipment covered .
  • Must file request for CBI coverage.
  • File BEFORE inspection.
• Rarely need picture of equipment.
• Issue: some personnel told everything is CBI.
• Preference to review records on-site.
  • Avoid need for legal channels.
  • Records are not recorded.
  • Noted whether within permitted limits.
  • If records sent:
    • Redacted through ePortal.
    • Unredacted to lawyers, then inspector review.
• Keep records in order.
  • If it is not recorded it did not happen.
  • Multiple people should have access.
  • Up-to-date.
  • Matching SAM report submissions.
  • Rolling-12 doesn’t restart at January.
  • Keep Excel spreadsheets, not just PDFs.
• Emission sources.
  • Includes permitted sources and insignificant activities along with stack and fugitive emission sources.
  • Major areas of concern include:
    • Existence of unpermitted source.
    • Source permitted, but incorrectly.
  • Have multiple people know what sources are.
• Replacements (leave existing equipment in permit until removed or disconnected).
• Fugitive Emissions.
  • Still must be permitted.
  • Best to know sources of these.
• Control devices.
  • Ensure that they are operating as intended/permitted/controlling emissions to degree permitted/required maintenance.
• Testing.
  • Test according to dates listed in permit.
  • Ensure you have production data.
• Post-inspection contact.
  • Site environmental manager is first point of contact.
  • DEQ will obtain information it needs.
  • Yearly update of contact list.
  • Writing a facility up is more work.
• Letter (noting that within 30 days a letter will be received identifying non-compliance items and link to SEEK to fill out response).
• SEEK response (due in 30 days, any authorized user can submit).
• Corrective Action.
  • Response form asks about corrective action data/actions taken/evidence, if applicable.
• Completing form on time can mitigate penalties and avoid escalation of formal enforcement action.
• Assistance (noting that consulting services can assist completing the form/determining corrective actions to take/implementing corrective actions/correspondence with DEQ).
• Third-party audits (can be used to perform site audit and potentially take advantage of DEQ self-disclosure policy).
• Reach out to DEQ inspectors to explain condition interpretations but note they cannot give legal advice.
• DEQ is not your enemy.
• Preventive action (always beat corrective measures, take advantage of resources and stay well-informed on permit).

A copy of the Presentation slides can be found here.