Environmental Performance Assessment System (EPAS)

1. Environmental Performance Assessment System (EPAS) Lesson 8

2. Lesson 8: Objectives • Understand external and internal environmental assessment processes • Understand the process of regulatory inspections • Have the knowledge to track environmental trends and progress toward compliance

3. Goal of EPAS • The goal of the EPAS program is to help the ARNG attain and sustain compliance with all applicable environmental laws and regulations • This is accomplished by external and internal assessments and does not involve state or federal regulators

4. Goal of EPAS • Assure compliance with environmental requirements • Identify compliance deficiencies and the resources necessary to correct them • Develop corrective action plans to address compliance deficiencies • Track and report compliance costs • Determine liabilities • Assess risks from regulated and unregulated materials, wastes, and practices

5. Goal of EPAS • Track accountability of managers • Evaluate effectiveness of environmental management systems • Increase environmental awareness • Track environmental trends and progress toward compliance • Allow NGB-ARE-PMs to define problems that occur and put plans, policies, or procedures in place to address them from a programmatic perspective

6. EPAS Purpose • From the installation or facility perspective, an environmental compliance assessment serves two additional purposes: • Evaluation of the overall effectiveness of the environmental program established by the Environmental Office. • “Needs” analysis. A compliance assessment identifies areas that need more attention; resources, staff, training, etc. It is an evaluation of the things that are needed to help personnel be more effective.

7. ARNG EPAS History • Started in 1991 • Originally called ECAS; changed acronym in 2003 • Proven method for attaining environmental compliance in the Army National Guard • Continual in nature

8. Laws and Regulations • Federal • EPA - Environmental Protection Agency • Violations of RCRA can lead to $27,500 per violation per day! • Resource Conservation Recovery Act (RCRA) - Federal law passed in 1976 • State • KDHE - Kansas Department of Health and Environment • Kansas’ version of RCRA is KAR 28-31 • Regulates generation, accumulation, transportation, and disposal of hazardous waste • Federal Facilities Compliance Act • Army Regulation 200-1 details Army/ARNG requirements for compliance with RCRA and all other Federal environmental laws and regulations

9. EPAS and IEPAS • Both processes are tools used by all ARNG states to manage environmental compliance related issues. • EPAS - Environmental Performance Assessment System is NGB-level, and conducted by an external entity. (KSARNG’s most recent EPAS was conducted December 8-12 2003.) • IEPAS - Internal Environmental Performance Assessment System is conducted by each individual ARNG state.

10. EPAS and IEPAS • EPAS • Two to five year cycle (based on risk) • Comprehensive • ARNG now includes ISO 14001 (EMS) as part of the process • Now looking at compliance and conformance • Conducted by a contractor hired by NGB • IEPAS • Annual at Kansas Generators; other facilities on cycle • Scope determined by Environmental Program Manager

11. Environmental Media Areas • Pest Management • Water Quality • Natural Resources • POL • Pollution Prevention • Solid Waste • USTs/ASTs • Clean Air Act • Cultural Resources • Hazardous Materials • Hazardous Waste • Environmental Impact • Environmental Noise

12. Results of Past EPAS/IEPAS • Historically, the majority of EPAS/IEPAS findings have been related to three areas: • Hazardous Waste Management • Lack of documentation (including appointment orders) • Hazardous Materials (including POL) Management

13. Compliance • Hazardous material and hazardous waste laws are strictly enforced, and violations can be expensive • To help ensure that your unit remains in compliance: • Follow all requirements outlined in KS SOP 200-1 • Establish a training program for soldiers (such as HAZCOM) • Keep comprehensive, accurate documentation

14. Common ARNG Findings • Failure to determine if a solid waste is hazardous • SPCC Plan is not prepared, is inadequate, or is not being implemented • Improper management of universal waste • Improper labeling of used oil containers • Failure to meet wastewater discharge permit regulations

15. Common ARNG Findings • Failure to adequately implement local hazardous waste/hazardous material program • Failure to follow internal SOP

16. EPAS and IEPAS Success • The number of fines levied by regulators against ARNG facilities has dropped 76% since EPAS and IEPAS inception • These fines in dollar amounts have dropped 94%

17. IEPAS Results 2006 • Total findings – • Carryover findings from 2005 to 2006 – • Common findings • List

18. IEPAS 2006 Improvements • List

19. IEPAS • Installations that conduct internal compliance assessments are likely to have fewer regulatory deficiencies • Compliance is an every day occurrence • DOFE-E will interact with all KSARNG facilities

20. Pre-Assessment - IEPAS • Facility Notification • IEPAS conducted at all Kansas Generators of HW and 25% of armories • Schedule distributed. • Pre-visit questionnaire sent to facility. Facility will complete and send back to DOFE-E before the visit. • Units/activities must notify DOFE-E within 30 days of the assessment to reschedule.

21. Pre-Assessment - EPAS • Facility Initial Notification • 90 days prior to assessment • CSI review • Re-notifications • 60 and 14 days prior to assessment • Ensure • Personnel are available • Facility is accessible • Send notification via letter/email

22. Facility Assessment Process • Conduct an in-brief outlining the assessment process • Review the activities at the facility • Review records, plans, and SOPs • Conduct a walk thru of the facility • Interview personnel • Conduct an out-brief discussing the findings that were noted

23. Facility Briefing • Identify individuals to be interviewed • Discuss the scope of the assessment • Determine where environmentally important documentation is located • Facility personnel should answer all questions truthfully, to the best of their knowledge, or find the person who would know the answer • Do not volunteer information, wait to be asked

24. Facility Assessment • Identify and review all permits, plans, and procedures • Assess compliance with the permits, plans, and procedures • Review records • Tour entire facility (all buildings and grounds) looking for compliance sites • Take digital photographs • Assess environmental impacts caused by neighbors, if applicable

25. Facility Out-briefing ECO should: • Take notes • Discuss all possible findings identified and potential remedies • Ask for input on the root cause of identified findings • Ask questions

26. Root Cause • Determine the true reason a finding occurs and identify the solution to correct repeat findings • Properly defining the cause of the problem is 90% of the solution • Not just “WHAT” is wrong, but “WHY”

27. Post-Assessment • Assessment documentation will be mailed or emailed following the assessment • DOFE-E will enter data into the WEBCASS program • WEBCASS is a software package that tracks findings • The Installation Corrective Action Plan (ICAP) will ensure findings are resolved

28. Post-Assessment • The unit/facility will have a suspense date of 45 days from the date of the assessment to notify DOFE-E of WHEN and HOW the corrective actions will be performed • If the unit/facility does not respond by the suspense date, the DOFE-E will send a second notice – with a 30 day suspense • Units/facilities that do not respond will be referred to the ATAG-Army • If the corrective action cannot be completed, DOFE-E will adjust the suspense date

29. Facility ECO EPAS and IEPAS Responsibilities • Complete any PVQ or CSI information, as needed • Participate in site visits or staff assistance visits conducted by DOFE-E for IEPAS • Coordinate attendance of required personnel for a scheduled EPAS • Escort assessors during the assessment

30. KS SOP 200-1 and Supplements KSARNG Hazardous Waste Management Plan Environmental Policy Letters and Compliance Guides Environmental Appointment Orders Training and Certification Documents Hazardous Material Inventory Hazardous Waste Inventory Hazardous Waste Weekly Inspection Log Hazardous Waste Disposal Documents Manifests 1348’s or other turn-in documents profile sheets Non-Hazardous Waste Fact Sheets References - Environmental Binder

31. References - Environmental Binder • Facility Spill Plan and Other Emergency Coordination Information • Spill Incident Reports • Compliance Inspection Results • GTA 5-8-2 • Environmental Permits • Building Survey Results (radon, lead, asbestos, water quality) • Pesticide Application Records (DD Form 1532-1) • Local Training Area (LTA) Agreement Documents

32. Regulatory Agency Inspections

33. Regulatory Inspections • All KSARNG facilities are subject to inspections by EPA and KDHE • Cooperate with regulators and contact the DOFE-E office immediately • Answer questions directly and truthfully • The majority of findings from regulatory inspections are a result of poor record keeping

34. Regulatory Inspections • The ECO should be the POC for regulatory inspections • Assign someone to handle this duty when the ECO is away • Facility ECO should immediately contact the DOFE-E when a regulatory official arrives to conduct an environmental compliance inspection • KSARNG must notify NGB of all inspections and enforcement actions taken by a regulatory agency

35. Before an Inspection • Regulators review past inspection reports and research applicable regulations • Sometimes they ask for information • You should comply with such requests promptly

36. Inspection Routine • Inspection notification • Presentation of credentials • Pre-inspection conference • Document review • Interviews • Visual inspection • Exit conference

37. Right to Inspect • Regulators usually have the right to inspect your facility during normal working hours • If your facility has secured areas, contact your environmental staff to discuss this issue before you get an inspection

38. Credentials • Inspector must show credentials upon request • May not be necessary if you know the inspector • When an unknown inspector arrives at the gate unannounced, you have the right to see credentials • Record this information

39. Pre-inspection Conference • Good idea • Find out what the inspector wants to see • Identify the best persons for the inspector to interview • Explain that you are in charge of your operations, but the subject matter experts are at DOFE-E. You can suggest that the inspector delay the inspection until the DOFE-E personnel can be present • Do not use this as a stalling tactic

40. Document Review • Have a responsible person stay with the inspector during the review • The inspector generally has the right to review and copy records related to environmental issues

41. Interviews • The inspector may ask to interview facility personnel, usually the person(s) responsible for environmental compliance, maybe other personnel • Do not impede the inspector's right to interview personnel • Always have a responsible person present during an interview

42. Always Tell the Truth • Never lie or mislead an inspector • This is one of the surest routes to an enforcement action • Knowingly misleading an inspector can also lead to criminal prosecution • If you do not know the answer, do not guess • If the question can be answered by DOFE-E, provide the contact information to the inspector

43. Visual Inspection • Do not allow multiple inspectors to divide your staff as they walk about the facility • Ask the inspectors to view one area at a time • If the inspector refuses, find a person to accompany each inspector • Take notes during the visit to ensure the inspection can be discussed in detail with DOFE-E, if they are not present

44. Exit Conference • Hear the inspector's preliminary findings • Maybe make immediate corrections • Differentiate between things that are “required” and things that are “best management practices” • Ensure the inspector that the facility will immediately correct any management deficiencies and that you will request assistance on issues beyond your capabilities to correct • All preliminary findings are unofficial • You will receive notice of official findings when you get the inspection report enforcement action

45. Enforcement and Sanctions • Violating regulations can lead to enforcement and sanctions • The Adjutant General is ultimately responsible for compliance • However, enforcement officials may prosecute anyone for willful violation of environmental laws and regulations

46. Forms of Enforcement • Warning Letter • For minor violations • Describes violation(s) and requires action • KDHE can issue an Administrative Order, a Notice of Violation, or a Notice of Non-Compliance • May be civil penalties (e.g., fines) • Serious violations can also lead to civil court • Criminal Prosecution • Rare, but they do happen

47. Facility ECO Regulatory Inspection Responsibilities • Immediately notify DOFE-E when a regulatory official arrives to conduct the inspection • Escort the regulatory inspector during the inspection • Be professional and courteous and provide the requested information • Report the results of the inspection to DOFE-E as soon as possible after the inspection

48. Why Should You Care? • Environmental Protection is the law • Environmental Stewardship is official Army policy • Proper Environmental Stewardship: • Enhances mission success • Protects YOUR health • Reduces environmental damage • Reduces operational costs

49. Facility Walkthrough

50. HazMat Storage Flammable Lockers HWAA Armory FMS Dumpster Flammable Lockers Parking Parts Washer SAP Washrack Used Oil AST Oil/Water Separator