USAJOBS’ Post

Complex Regulatory Requirements Navigating the intricate web of federal, state, and local environmental regulations can be challenging. Each regulatory body may have different requirements, deadlines, and compliance standards, making it difficult for businesses to ensure full compliance without specialized knowledge and expertise. Our team has over 150 years of combined experience, making your path to compliance and successful permitting smooth. Lengthy Approval Processes Environmental permits often require extensive documentation, detailed project descriptions, and comprehensive impact assessments. The review and approval process can be time-consuming, leading to potential delays in project timelines. Waiting for permit approvals can be particularly frustrating when multiple agencies are involved. We have worked with countless business owners and developers to keep projects on track, profitable, and compliant with environmental regulations. Costly Revisions and Resubmissions Inaccurate or incomplete permit applications often lead to costly revisions and resubmissions. Each correction can incur additional fees and extend the timeline for approval, increasing overall project costs and causing delays. Because of our extensive experience assisting developers throughout the environmental permitting process, we avoid inaccuracies, delays, and similar costs related to environmental permitting. Learn more on our website: https://bit.ly/3xiDV9p

Why Environmental Professionals Should Join the Environmental Information Association (EIA) As environmental professionals, staying informed and connected within the industry is crucial for success. One organization that stands out in providing valuable resources and networking opportunities is the Environmental Information Association (EIA). About EIA The Environmental Information Association (EIA) is a non-profit organization dedicated to disseminating information about environmental and occupational health hazards in the built environment. EIA’s multidisciplinary membership includes contractors, consultants, laboratories, training providers, regulators, equipment suppliers, property owners, and managers. Key Benefits of Joining EIA 1. Access to Cutting-Edge Information: Stay Informed: EIA provides up-to-date information on the latest regulations, best practices, and technological advancements. Educational Resources: Members have access to webinars, workshops, and conferences covering topics from asbestos and lead abatement to indoor air quality. 2. Professional Development: Certification and Training: EIA offers certification programs and training courses that help professionals stay current with industry standards and enhance their skills. Networking Opportunities: Connect with other professionals in the industry through EIA’s events and online forums. 3. Advocacy and Support: Industry Representation: EIA advocates for the interests of environmental professionals at the national level. Community Support: Join a community of like-minded professionals dedicated to improving environmental health and safety standards. A Personal Recommendation As a board member of the EIA and President of LabMatch “The Lab Experts”, I have seen firsthand the incredible value that EIA membership brings to environmental professionals. The wealth of knowledge, networking opportunities, and professional development resources have been instrumental in my career and the success of LabMatch “The Lab Experts”. I highly recommend joining EIA to stay ahead in the industry, connect with peers, and access the latest information and best practices. How LabMatch and EIA Work Together Helping the Industry At LabMatch “The Lab Experts”, we understand the importance of reliable lab services and staying connected with industry leaders. By partnering with Environmental Information Association, environmental professionals can enhance their knowledge, skills, and professional network. Join EIA Today: If you’re an environmental professional looking to stay ahead in the industry, we highly recommend joining the Environmental Information Association. Visit EIA-usa.org to learn more about membership benefits and how you can get involved. Together, LabMatch “The Lab Experts” and Environmental Information Association can help you achieve excellence in environmental health and safety.

A great write up by Wes Walkeden - Phase I ESA Expert on the requirements of a Phase I ESA. At BDC we require Phase I's for all of our commercial asset financing so that our clients know exactly what they are buying. This includes all commercial buildings (office, industrial, retail, and commercial condos). Have a read through to see the value you get from completing a Phase I and how it can identify and minimize your environmental liability risk.

ENVIRONMENTAL ENFORCEMENT: COMPLIANCE NOTICES Compliance notices form part of the “formal” administrative enforcement tools which are most suited to regulating persons who have been previously issued with a permit or authorization. In terms of the National Environmental Management Act 107 of 1998 (NEMA) only an Environmental Management Inspector (EMI) within his specific mandate, may issue a compliance notice. Compliance notices must comply with the requirements of NEMA, inclusive of sections 31L and 31M of the Act, as well as the provisions of the Promotion of Administrative Justice Act 3 of 2000(PAJA). These notices are issued in instances where the EMI has reasonable grounds for believing that a person has not complied with a legal provision or a condition of a permit or authorisation. In practice an offender is issued with a pre-compliance notice or an “intention to serve a compliance notice” notice, usually requesting the offender to state why he should not be issued with a compliance notice, and drawing his attention to the offence committed. In terms of s49A (1) (k) of NEMA, a failure to comply with, or a contravention of, a compliance notice is a criminal offence.

What is required to be in my Phase I ESA?⁣ ⁣ ⁣ The Z768-01 (R2022) is a standard published by the Standards Council of Canada that provides guidance on conducting Phase I Environmental Site Assessments (ESAs) in Canada. ⁣ ⁣ According to this standard, the following are the minimum requirements for a Phase I ESA:⁣ ⁣ 1. Site visit and inspection: A qualified environmental professional (QEP) must conduct a site visit and inspection of the property and surrounding area to identify any current or historical environmental concerns.⁣ ⁣ 2. Historical review: The QEP must review the property's historical records and information to identify any past or present activities that may have affected the site's environmental condition. This includes but is not limited to:⁣ ⁣ a. Historical aerial photographs⁣ b. Fire insurance plans⁣ c. Historical city directories⁣ d. Contaminated site registries⁣ e. Land titles⁣ f. Prior Phase I ESA and other available reports⁣ g. Site specific records (spill reports, drawings, surveys, production and maintenance records, building plans, monitoring data, waste management records, inventory of storage tanks etc⁣ ⁣ 3. Regulatory review: The QEP must review federal, provincial, and municipal government records to identify any environmental permits, orders, or violations related to the property. This includes but is not limited to:⁣ ⁣ a. Permits⁣ b. Storage tank registrations⁣ c. Outstanding prosecutions, work orders, environmental protection orders, environmental compliance complaints⁣ d. Violations of environmental statutes, regulations, bylaws, approvals and permits⁣ ⁣ 4. Interviews: The QEP must conduct interviews with current and former owners, occupants, and others familiar with the property to identify any environmental concerns.⁣ ⁣ 5. Report preparation: The QEP must prepare a written report that summarizes the findings of the Phase I ESA, including a description of the property, the results of the site visit and inspections, the results of the historical and regulatory review, and any identified environmental concerns.⁣ ⁣ The Phase I ESA is intended to identify potential environmental liabilities associated with a property and provide recommendations for further investigation or remediation, if necessary. It is important to note that while Z768-01 (R2022) sets out the minimum requirements for a Phase I ESA, the QEP conducting the assessment may also choose to include additional investigations or assessments based on the specific characteristics of the site and any identified environmental concerns.

“Project streamlining …”   Streamlining the environmental permitting or approval process is as much the responsibility of the applicant as it is the regulator(s).   Although it wasn’t always viewed this way.   Depending on the jurisdiction, the breadth and depth of environmental reviews will vary.  The perceived need for any project streamlining, should it exist, therefore, would seemingly also follow similar patterning.    As with any negotiative process, however, the secret is always to find the acceptable quid pro quo.    Sometimes regulatory agencies want their pound of flesh and can be quite specific about their desires; a new fish hatchery, an upgraded levee, an updated HCP or reservoir coldwater pool management capabilities.  Other times they seemingly simply strive to ensure that any new incremental effect(s) caused by the proposed project are adequately mitigated up to and including sizeable reductions in project size.     The bottom line with many environmental permitting procedures is that many projects have a regulatory “price” and that the sooner this is clarified and resolved, the quicker the project can proceed.    What this often means is that even in highly complex intra- and extra-regional water supply project actions, only one or two salient hydrological matters are critical to implementation of the project.  These may exist as specific hydrologic parameters such as reservoir carryover targets, estuarine salinity thresholds, or perhaps slowly elevating instream seasonal water temperatures.      So long as these central issues can be scrutinized and resolved then much of the superfluous information/data often involved in the environmental permitting process can advance relatively quickly; hence, a large proportion of the streamlining benefit.

The public consultation on the draft Environmental Permitting (Procedure for Applications and their Determination) Regulations, 2024 will be closing tomorrow 17th April. The draft regulations introduce a consolidated environmental permitting framework, with the aim of establishing procedure and consolidate current fragmentary permitting regimes, providing more clarity to applicants and serve to prescribe which environmental permit applications shall be decided in public. The draft regulations aim to streamline, and for some sectors, replace existing permitting regimes covering a multitude of operations, interventions or activities. In addition, the regulatory scope will be extended to other areas that are currently unregulated. It is also seeking a common procedural structure both in terms of application processing and fees. In line with article 55 of the Environment Protection Act (Cap. 549), the public is invited to make submissions to ERA with their comments as to why and how these regulations could be amended. 🌐 For more details, refer to the public consultations page on our website: https://rb.gy/oxqr9o 📧 Comments are being invited by email through era.policy@era.org.mt

Environmental managers: Do you know what ECHO is and why it matters? If you're responsible for your facility's environmental compliance, the EPA's Enforcement and Compliance History Online (ECHO) database is something you need to have on your radar. So, what exactly is ECHO? ECHO is a public database managed by the EPA that tracks enforcement actions, violations, and compliance history for facilities across the U.S. Every time a company gets cited for a violation—whether it's a Clean Air Act, Clean Water Act, or hazardous waste management infraction—that information is recorded in ECHO for all to see. 💡 Why does this matter to you? 1/ Anyone can analyze this dataset dating back to the 1970s. It’s a great tool for spotting enforcement trends, which helps set priorities in your compliance program. This is exactly what we’re doing with Mapistry Labs: https://lnkd.in/emVGYxgz 2/ Your compliance record is public: Your facility’s environmental track record is visible to anyone, including regulators, customers, and competitors. If you’ve been fined or cited by the EPA, ECHO will show it. Think of it as your facility’s environmental resume—make sure it reflects well on you. 3/ Red flags for inspections: Facilities with a history of violations are more likely to face increased scrutiny from regulators. ECHO data could lead to more frequent inspections and a higher likelihood of enforcement actions if problems persist. You can check out ECHO at https://echo.epa.gov/. Go and see what kind of dirt they’ve got on your company 😉

How to successfully integrate environmental assessments effectively into project timelines: 1) Start early: we say this often because it's true. Starting early helps identify potential issues that may require more time to address and allows you time to engage with relevant agencies and experts. 2) Conduct thorough site assessments: you'll need to understand habitat conditions, determine the presence of protected species, and identify environmental impacts: a comprehensive assessment allows you to make informed decisions and identify potential future slow-downs. 3) Thorough documentation and reporting: keep detailed records of environmental assessments, findings, and communications. Proper documentation is crucial for demonstrating compliance with environmental regulations and can be helpful in case of audits or inspections. 4) Find qualified personnel: employ or consult with qualified biologists and environmental experts. Having skilled professionals ensures that the assessments are done correctly and efficiently, reducing the risk of project delays.

Environmental permitting is a crucial step in many construction projects. Here are five common mistakes to be aware of: Overlooking Necessary Environmental Permits Many projects require specific environmental permits beyond standard building permits. These may include stormwater, wetlands, or air quality permits. Failing to secure these can result in fines and project delays. Always thoroughly review all required permits at the project's outset. Starting Work Prematurely Beginning construction before obtaining all necessary environmental clearances is a serious misstep. This can lead to stop work orders, fines, and other penalties. Ensure all permits are in hand before breaking ground. Neglecting Environmental Impact Assessments Some projects require environmental impact assessments or mitigation plans to ensure regulatory compliance. Ignoring potential environmental impacts can result in permit denials or significant delays. Address these requirements early in your planning process. Underestimating Review Timelines Environmental permitting often takes longer than anticipated. Build ample time into your project schedules to account for potential delays in environmental approvals. It's better to overestimate than to face unexpected setbacks. Poor Communication with Regulatory Agencies Failing to engage proactively with environmental agencies can lead to misunderstandings and compliance issues. Establish clear communication channels early in the process and maintain open dialogue throughout your project. Remember: environmental laws and standards frequently evolve. Review and update your understanding of current regulations regularly to ensure ongoing compliance. By avoiding these common pitfalls, you can help ensure a smoother permitting process for your construction projects. #EnvironmentalPermitting #ConstructionPlanning #RegulatoryCompliance