Standard Guide for Environmental Compliance Performance Assessment

Importancia y uso:

4.1 This guide may be used for environmental compliance performance assessment in the United States in a wide variety of applications and is not particularly limited to one type of user. The following groups of users may find the guide particularly helpful:

4.1.1 Small businesses or enterprises;

4.1.2 Service industries;

4.1.3 Federal, state or local facilities and regulators, including departments of health and fire departments;

4.1.4 Financial and insurance institutions;

4.1.5 Waste managers, including liquid and solid waste haulers, treatment, recycling, disposal and transfer;

4.1.6 Consultants, auditors, inspectors and compliance assistance personnel;

4.1.7 Educational facilities;

4.1.8 Property, buildings and grounds management, including landscaping;

4.1.9 Non-regulatory government agencies, such as the military; and

4.1.10 Specific industrial sectors such as dry cleaners, printers, photo processors, laboratories, health care, and vehicle fueling, maintenance and delivery.

4.2 This guide is intended as a first step in crafting simplified management goals for assessing compliance with a wide variety of multimedia environmental performance standards. The framework describes a process by which the user may categorize current waste management, air quality, water, and release prevention practices in order to manage the risks associated with noncompliance. The technique classifies common environmental performance standards into tiers based on relative risks to human health, the environment and business operations. The tier classifications found in this guide reflect the general requirements of State, Federal and local compliance and enforcement programs. These authorities generally classify groups of similar environmental performance standards according to the significance of any noncompliance within each group of standards.

Note 1: Users in the United States are encouraged to review the EPA’s Audit Policy Program: Frequently Asked Questions (2021)5 for additional guidance on the Agency’s expectations of compliance performance assessments.

4.3 The guide helps the user to realize the benefits of environmental compliance. These benefits may include but not be limited to:

4.3.1 Ability to set priorities for environmental management activities;

4.3.2 Marketing environmental awareness and sensitivity;

4.3.3 Assessing compliance with permits and other requirements;

4.3.4 Risk management, underwriting; loss control and history; premiums and claims;

4.3.5 Liability assessment and qualifications for loans;

4.3.6 Standardization, consistency and certification of facility specific evaluations;

4.3.7 Educating employees, clients and customers;

4.3.8 Generating multi media and cross medium information;

4.3.9 Evaluating vendors; and

4.3.10 Reducing costs and preventing pollution.

4.4 Users may consider various benefits of environmental compliance performance assessment.

4.4.1 This guide is a basic primer on environmental compliance and may serve to introduce the subject for organizations unfamiliar with requirements.

4.4.2 Many government enforcement agencies, fiduciaries and business organizations publish environmental compliance records over the internet. The public will soon have the systematic ability to access environmental compliance information on individual businesses. Therefore, businesses need guidance on how to assess the nature and potential risks of environmental non-compliance, and a programmatic approach for reducing or eliminating those risks through pollution prevention and other proactive management systems.

4.4.3 Reduced operation and maintenance costs and paperwork may be realized through a tiered evaluation of environmental compliance and pollution prevention opportunities.

4.4.4 Compliance may be streamlined and simplified so that all levels in an organization may participate in environmental management.

4.4.5 Some enterprises may be more competitive in the marketplace with improved environmental compliance programs.

4.4.5.1 The State of Minnesota allows small firms with an environmental management system to operate under a flexible air permit.

4.4.5.2 Firms in Indiana with an Environmental Management System are eligible to participate in the state’s Environmental Stewardship Program which provides regulatory flexibility.

4.4.5.3 Firms operating in Wisconsin that develop and implement an environmental management system may be eligible to apply to the Department of Natural Resources Green Tier program. Green Tier can offer eligible companies flexibility in state issued permits and compliance methods.

4.4.5.4 International firms and organizations may have significant competitive advantages through implementation of an environmental management system that conforms to ISO 14001:2015.

4.4.6 Setting priorities can allow planning and evaluation of new environmental requirements.

4.5 This guide establishes a framework of common, environmental risk management requirements in the United States and will allow the user to evaluate the potential level of risk from non-compliance. Compliance requirements would then be evaluated for pollution prevention opportunities in order to continually reduce the risks from non-compliance.

4.6 Noncompliance with Tier 1 Environmental Performance Standards represents the highest risk because Tier 1 Standards prevent, mitigate or respond to imminent hazards for human health or the environment. Tier 2 Standards address areas of significant risk, where noncompliance could result in penalties, primarily for failure to obtain required approval for releases or modifications to the environment. Tier 3 Standards require operation and maintenance of approved controls on releases or modifications to the environment, where repeat noncompliance could represent a risk. Tier 4 Standards represent the lowest direct risk from noncompliance; however, they are still important for documenting environmental management, the details of the compliance record, environmental compliance costs and pollution prevention measurements.

Subcomité:

E50.05

Referida por:

E2107-20, E2107-20, D6008-24

Volúmen:

11.06

Número ICS:

13.020.10 (Environmental management)