In late August, we sent an environmental regulatory alert to our clients. Based on feedback from our clients and trade groups in Michigan, it was becoming evident that the State was stepping up environmental enforcement efforts, including more frequent, unannounced inspections.
Be Prepared for an Environmental Inspection
With the potential for more environmental regulatory inspections, this might be the time to consider the question, “Am I ready for the knock on the door?”
There are several technical and legal considerations with respect to an environmental compliance inspection. Considering these now, as opposed to when an inspector arrives, will make the process go much smoother.
Proactive Environmental Compliance Steps
While your workplace is private property, the authority written into some regulations allow regulators to inspect your property (within the context of that regulation). That does not necessarily mean that you must allow the regulator into your facility unannounced, and it definitely does not mean that they have unfettered access. Note that some regulatory permits allow, and sometimes require, unannounced inspections of your property… but only the areas that are associated with your permit are subject to the inspection requirement. We recommend clarifying the scope of the inspection in the opening meeting.
Just like everyone else, the inspectors from either the EPA or State are going to have a variety of personalities and temperaments. Being cordial to them does not mean allowing them to go beyond their stated scope. Likewise, being firm about your parameters for the inspection does not mean you have to be rude to them…it’s a balancing act.
See our list of seven tips to help prepare for an environmental compliance inspection (Image Purchased on Shutterstock).
Seven Tips to Prepare for a Compliance Inspection
Below are seven tips or considerations as you prepare for a potential environmental inspection (soon or sometime in the future).
- Identify a specific person (and a backup) to be responsible to handle any environmental regulatory inspection. The identified people should be very familiar with your environmental compliance plans and recording keeping. In addition, it is important that administration and security know who they are so the right people are contacted when an inspector arrives.
- A regulator is a visitor to your facility. As a visitor, unless there are extenuating circumstances, they must abide by the rules you have in place for any other visitor. For example, do you have requirements that all visitors must sign in, show identification, be escorted into your facility, watch a safety video, wear safety equipment (safety glasses, hearing protection, steel-toe shoes, etc.), or other rules? Do you have limitations on photography? These requirements apply to the regulator also. Note that depending on your business, certain Homeland Security and biosecurity restrictions may apply. All employees, starting with the front desk staff and leading to management, should understand the visitation policy.
- As you would with an ISO 14001-type audit, have a pre-inspection meeting. This is also a good time to get their business card. Prior to bringing them into the manufacturing areas, sit with them in your conference room, and ask them, specifically, what they are requesting during the inspection. Be as specific as possible, and limit the inspection to the agreed-upon areas. Also, limit them to their area of interest. For example, if they identify themselves as inspectors in the hazardous-waste division, focus the inspection on related areas of your facility (note that they may be there for a multimedia inspection, but this should be stated up front).
- Be organized. Have all of your regulatory paperwork (e.g., permits, spill-response plans, inspection or monitoring reports, training records, etc.) in order and secured, but accessible. Being able to access a permit or a plan quickly when a regulator asks for it goes a long way in first impressions. You will demonstrate you are organized and take compliance seriously.
- Additionally, good housekeeping goes a long way in second impressions. When an inspector sees a neat and tidy work area, they are less likely to want to dig deeper.
- As previously mentioned, take the inspector only to areas they need to observe based on your pre-inspection meeting. Document all of their comments and photography (if allowed). When the inspection is completed, ask for
- A summary of their inspection and preliminary conclusions.
- A copy of any forms they completed at your property.
- Whether there will be any anticipated follow-up.
- Finally, you might want to practice your plan. Following chain of command, insuring that your regulatory files are organized and current, make sure your spill and emergency-response plans are current and available, and walk your facility with the regulator’s hat on. Ask yourself if you would be “comfortable” with the housekeeping and organization.
Environmental Compliance Help
If all of this seems daunting to you, or you do not feel comfortable that you would pass an unannounced inspection from a regulator, you may want to consider an environmental compliance assessment (ECA). Ideally, the compliance assessment includes your legal and environmental advisors. You may find compliance issues, but it is likely better to uncover potential deficiencies if your environmental compliance is “among friends.”
If you have any questions about environmental compliance, please contact Matthew Schroeder or Jeffrey Bolin at 248-932-0228.