Vanguard Environmental, Inc. services

The field of regulatory compliance law is dynamic.  It is continually evolving and expanding exponentially.  The first major obstacle compliance officers must overcome is that of demystifying the sheer mass of confusion with EHS compliance legislation at the federal, state, county and local jurisdictions of government.  Yet, it’s the responsibility of every company to satisfy all laws that require compliance.  So there’s no choice but to understand and implement every mandate.  Once a firm foundation of legislative expertise is established, the compliance officer must then crystallize his thinking just as to what compliance activity must be generated. 

Superfund Amendments & Reauthorization Act (SARA) Title III, administered by the EPA.  Also called the Emergency Planning & Community Right-to-Know Act (EPCRA), this law requires facilities with chemically-oriented products to report its site-specific chemicals and vital emergency response data to various federal, state, county, and local EPA-related agencies by March 1 annually.  Reports and performance criteria are mandated under Sections 302, 304, 311, 312 and 313.  SARA Title III was enacted for two categorical reasons: 1) Ever-increasing needs for emergency response to industrial accidents with heightened regularity; 2) The government’s concern with an overwhelming problem, the release of toxic chemicals by Industry to the environment through standard operating procedures. 

The U.S. EPA has developed regulations that require development and implementation of Risk Management Programs (RMPs) at facilities that manufacture, process, use, store, or otherwise handle 140 specific regulated toxics and flammables.  In addition to thresholds for specific “highly hazardous substances,” facilities must also comply with RMP for any toxic or flammable chemicals at or above 10,000 lbs. at any point in time when connected to a process.  A facility`s site-specific Risk Management Plan developed as a part of its RMP must be registered with the EPA and/or agency designated by the EPA to receive it.  EPA, in turn, makes the plan available to the public.  The rule assists facilities and communities in mutual efforts to lessen the number and severity of serious chemical accidents.

President Gerald Ford signed into law the Resource Conservation and Recovery Act (RCRA), to be overseen by the U.S. EPA. This was a means for controlling pollution to the environment – air, soil and water – often caused by the generation, mismanagement and improper disposal of hazardous waste material by Industry in the U.S.  RCRA is a "cradle to grave" system for managing hazardous waste.  Driven by 750 hazardous waste codes, RCRA provides specific requirements for the generation, accumulation, storage, packaging, transportation and disposal of hazardous waste.  RCRA also imposes strict training regulations for employees concerning exposure to, handling of, and accidents involving hazardous wastes.

This law amended the Clean Water Act (CWA) to augment Federal response authority, increase penalties for unauthorized oil spills, expand the organizational structure of the Federal response framework and provide a greater emphasis on preparedness and response activities.  The CWA requires the preparation of plans to respond to a worst case discharge of oil and other chemical products to U.S. waterways, setting forth specific requirements for the development of such plans.  

There are four states in the U.S. that have taken the lead in the U.S. Government’s philosophy and concept of Source Reduction & Waste Minimization.  The foundation for such a philosophy lies in the effort to prevent pollution prior to its occurrence, in other words, reducing pollution at the source. This mandate is not to be confused with the Source Reduction Documentation required under EPA’s Pollution Prevention Act of 1990 pursuant to the Toxic Release Inventory (TRI) Reporting program.