Tag: self-audit

2019 Environmental Resolutions

Happy New Year!

What will be your company’s resolutions for 2019?

Here are some resolutions for 2019 that can help you avoid environmental surprises:

  • Resolve to commission a Phase I Environmental Site Assessment when buying or leasing real property – Yes, even for leases.  Yes, even for raw land.  For a few thousand dollars, you can get peace of mind and ensure that there are no hidden environmental surprises, such as indoor air issues from an old dry cleaner that got regulatory closure before indoor air was an issue.  In addition to supporting a defense if contamination is later discovered, it makes good business sense.  Also be aware of my Top 10 Due Diligence Mistakes.
  • Resolve to do more than a Phase I Environmental Site Assessment when buying a company –  Make sure the acquired company has the necessary environmental permits and that the company is in compliance with those permits.
  • Resolve to be aware of trending environmental issues – You don’t have to be an expert.  Just be aware of trending environmental issues, such as PFAS and greenhouse gas reporting.  Read only the headlines if you are busy and just want to know the lingo.  Then, ask your favorite environmental attorney for more information.
  • Resolve to use consultants for data gathering and interpretation and use lawyers for legal questions – Especially for the second resolution above, a consultant can gather data but should not make legal conclusions about whether a facility is in compliance or needs a permit.  That opinion should come from an environmental attorney.  Consultants and lawyers should work as a team.
  • Resolve to look at internal practices – Like stepping on the scale, it is hard to realize that your company should improve its practices.  But it is better to catch issues yourself than have a regulatory agency catch it in an inspection.  Take advantage of programs such as the Texas Audit Privilege Act or EPA’s e-disclosure program to self-disclose and correct problems with potential immunity.

Need assistance? Contact me at cbishop@cbishoplaw.com

Wishing you a prosperous New Year

What’s Hot at EPA and the Texas Railroad Commission

Typically, the dogs days of summer are a slow news time for environmental issues, but this summer has been an exception.

Dog Days of Summer

EPA Update

Hot on the heels (pun intended) of my last post on emerging claims to watch, EPA announced renewed interest in regulating per- and polyfluoroalkyl substances (PFAS).  EPA held a National Leadership Summit in May to discuss how to regulate and remove PFAS in the soil and groundwater from historical releases.

At that summit, EPA announced a 4-step action plan:

  1. Evaluate the need for a maximum contaminant level for various PFAS in drinking water;
  2. Propose designating PFAS as “hazardous substances” under CERCLA (also known as Superfund);
  3. Develop groundwater cleanup recommendations; and
  4. Work with state and federal agencies to develop toxicity values for specific PFAS.

These steps most likely will increase the list of contaminants identified at cleanup sites.  This means that investigation and cleanup costs could increase because additional chemicals will need to be addressed.  In addition, Superfund sites will have additional contaminants identified, leading to additional responsible parties identified as the sources of PFAS.

Texas Railroad Commission Initiative

In June, the Texas Railroad Commission (RRC) released its 2019 Oil & Gas Monitoring and Enforcement Plan.  As part of this plan, the RRC set a goal to maintain its 158 oil and gas field inspectors, and these inspectors have been tasked to meet new, increased inspection targets.  Specifically, all inland wells will be inspected at least once every five years, and wells in bays and offshore will be inspected at least once every two years.  To put this in perspective, in 2017, 155,880 wells were inspected, and the RRC projects 176,000 to be inspected in 2019 – a roughly 13 percent increase.

With this increased emphasis on inspections, I encourage well operators to take advantage of the Audit Privilege program (Tex. Health & Safety Code Ch. 1101) and conduct a self-audit to identify and correct violations before the RRC does.  Under the Audit Privilege program, operators who conduct self-audits can claim immunity from administrative penalties that are voluntarily discovered during the audit, reported to the RRC, and then promptly corrected.

 

Do you have questions or need assistance?  I am here to help.  I have a great deal of experience with self-audits in Texas and elsewhere and also can provide oversight of environmental consultants during site investigations and cleanups.  I also can guide you through the self-audit process, which includes specific notification requirements.  Contact me at cbishop@cbishoplaw.com

Stay cool and watch for those school zones as classes begin in August.