1. Surviving the EPA/MDEQ Inspection Process
-Keith Turner; Watkins & Eager PLLC
-Rick Crawford, P.E.; Amec Foster Wheeler
Intro Topic – Give Outline of Technical/Legal
Intro Speakers – Get Bio

2. Benefits of Environmental Compliance
Maintain Environmental Protection
Improve Worker Safety
Air emissions can impact IAQ or Worker Exposure
Poor housekeeping can lead to slip/trip/fall issues
Foster Community Engagement
Work with your Local Emergency Planning Committee and First Responders before an incident
Improve Public Relations (local and beyond)
Avoid Financial Penalties
Synthetic Minor Air Permit Violation - $60K; Title V Permit Violation - $76K; WW Discharge limit violation - $45K; Construction SW Permit Violation - $20K; SWPPP Violation - $10K

3. Preparation prior to the Inspection
Start at the beginning
Review your permit applications
Review your permit conditions
Review your Plans (SWPPP, SPCC, FRP, ICP, HWCP)
Organize your Files
Inspection Documentation
Testing Documentation
Reporting Documentation and Return Receipts
Training Documentation
Records Retention
In this slide, you can discuss the organized files at the GP Grenada facility. The files were organized well enough so that I could walk the plant manager through the files over the phone. This was after a horrendous filing system previously.

4. Preparation prior to the Inspection
3rd Party Compliance Audit
Sister Plant/Facility
Private Audit
Attorney/Client Privilege?
EPA Voluntary Self-Disclosure Policy
Systematic Discovery, Voluntary Discovery, Prompt Disclosure, Discovery Independent of Government, Violation Corrected and Prevented for Future Occurrence
Disclosure mitigates penalties and a general determination not to recommend criminal prosecution.
Review the Facility’s Past MDEQ Inspection Reports and NOVs
Identify what has been done to address these historic issues
On this slide, you can discuss the use of the 3rd Party Audit to alert EPA of Form R violations dating several years. No EPA enforcement was seen in that instance.

5. Preparation prior to the Inspection
Review your Training Program
Effective training mitigates nearly all other potential violations
Ensure you are training on a routine and appropriate schedule
Provide training that is appropriate for the position
Train on situations that the employees are faced with
Conduct inspections after training to see if effective or retained
Encourage input from coworkers through suggestion boxes for areas of additional training or improvements.
Discuss the MDEQ inspection of Odom where the employee made the comment that they “put the hazardous waste by the road for pick up”.

6. Preparation prior to the Inspection
Routine Inspections
Vary who conducts your internal inspections
Get others to assist in inspections, such as area leaders
Vary when the inspections are conducted
Get outside assistance on inspections
MDEQ always shows up at the worst possible time. Vary inspections to see what they might see.

7. Unannounced Inspection Day
Make Sure All Records are Organized and Easy to Obtain
Be Prepared to Discuss Previous Findings and Improvements
Highlight Initiatives Voluntarily Promoted by Facility
During the Site Walk
Attend the Site Walk with the MDEQ/EPA
Take photos if needed
Identify Confidential or Secure Areas
Review Safety Protocols with MDEQ/EPA
Split Samples, as needed

8. Unannounced Inspection Day
Inspection Closing
Request a Closing Meeting with the regulator.
Make Notes on Potential Violations and Items of Concern.
Provide a date that follow-up information will be provided to the regulator, and respond prior to that date.
Promptly Respond if information is needed.
Discuss client in Alabama who did not get a closing meeting, and the consequences of that event.

10. Questions? -Keith Turner Watkins & Eager PLLC;
-Rick Crawford, P.E.
Amec Foster Wheeler ;