Environmental Stewardship & Compliance Program Environmental Manager A&M System Environmental Stewardship & Compliance Program November 8, 2018 Gordon Evans Environmental Manager

The Regulated Environment Practically every aspect of the environment is regulated Breadth of compliance is as broad as are our activities of teaching, research and extension/outreach Environmental rules have “teeth” (although seldom exercised aggressively)

The Higher Education “Wakeup Call”

Most Common University Violations Cited by EPA Hazardous Waste (RCRA) Failure to make hazardous waste determinations. Failure to properly label containers holding hazardous waste. Failure to identify the accumulation start date. Failure to provide and/or document hazardous waste training. Failure to accumulate hazardous waste in a closed container. Storing hazardous waste for longer than 90 days without a permit. Failure to inspect hazardous waste containers in storage on a weekly basis. Failure to have an adequate contingency plan. Failure to separate containers holding incompatible wastes.

Most Common University Violations Cited by EPA Oil SPCC Failure to prepare and carry out an oil SPCC Plan. Failure to address all required elements, including: Not certified by a professional engineer. Not reviewed/updated every three years. Failure to include all bulk oil stored at the facility (i.e., transformers, hydraulic systems, emergency generators, drum storage, etc.). Failure to identify specific spill pathways from each individual oil storage location.

Most Common University Violations Cited by EPA Clean Air Act Failure to submit appropriate permit application. Failure to include all emission sources on permit application. Failure to submit appropriate reports. Failure to keep fuel and solvent-usage records. Failure to comply with permit conditions. Failure to install or maintain opacity monitors. Failure to monitor fuel for nitrogen and sulfur content. Oil Storage Failure to provide adequate secondary containment. USTs without (or with malfunctioning) leak-detection systems. Incomplete UST removal — contaminated soil left on site. Failure to register ASTs.

On Any Given Day … A common thread Any given day … College / University enforcement actions are for “workaday” infractions, not egregious violations At UMR, one waste container in the wrong place at the wrong time yielded a $176,000 fine Any given day …

EPA Hooked Some Big Fish University of New Hampshire - $308,000 Yale University - $348,570 Boston University - $753,000 MIT - $555,000 University of Rhode Island - $800,000 Brown University - $365,000 University of Hawaii - $1,800,000

Created System-level environmental compliance positions UT and A&M Systems - 2001 Created System-level environmental compliance positions I started here November 1, 2001 What I found – No environmental specialists anywhere in the A&M System “On any day” – an inspector could find numerous violations of the type and magnitude that led to the large EPA fines The “Big 3” – Waste management, oil spill prevention, and air compliance

A&M System Environmental Programs Lacking Consistent Attention Ranked in order of risk / importance: Wastes: Consistent hazardous waste management; Disposal of nonhazardous wastes & debris Oil pollution: Spill prevention Air: Emissions authorizations Water: Controls of chemical discharges to sewers Departments: Tailored programs (e.g., labs, shops) Conservation: Energy, water, and recyclables

Environmental Compliance Trends 30-yr Trend in Environmental Management Command and Control >> Enforcement >> Management Outlook – EMS becoming the de facto standard Affecting Grants Regulatory Flexibility

Performance Improvement The EPA and ISO 14001 “Environmental Management System” (EMS) Lifecycle Planning Implementation Policy Performance Improvement Plan > Do > Check > Act Measurement

EMS - 2006 December 2006, BOR passes environmental policy calling for Environmental Management Systems at all members Agenda item called for staffing levels to support EMS implementation (none approved) 2008 – first focused EMS implementation involving ALL system members In following years, diminished returns due to lack of dedicated staff at most members (SEE Current Draft Regulation)

Where Are We Today? Outside of Texas A&M, environment is largely an extra-duty assignment in chronically understaffed EHS offices Advancement and awareness is therefore at a “glacial pace” Dakota Software gradually being implemented to track and manage environmental compliance Annual EMS planning and year-end reporting required of all members Beyond compliance – “Environmental Stewardship”

Our Top Performers Texas A&M University Texas A&M University-Corpus Christi Tarleton State University Texas A&M University-Commerce Texas A&M University-Central Texas

What Is the Risk? Currently low level from a regulatory programmatic perspective. EPA enforcement has gone largely dormant, and TCEQ has not focused punitive enforcement on colleges and universities BUT, we are one bad incident away from the spotlight (e.g., a major oil or chemical spill EPA drive-by enforcement in 2015-16 led to 4 A&M System member facilities collectively paying $140,000 EPA in 2016 passed a major revision to its hazardous waste generator rules, which could put universities in the spotlight TCEQ will adopt these revised rules in 2019

The Need Awareness and support Upper administration endorsement and support Understanding and involvement from compliance officers to assist EHS offices Incremental increases in member EHS staffing levels (e,g., EHS benchmarking) Active participation in mandated environmental advisory councils

What are some of the tools in our toolbox?