Advanced Certificate in Environmental, Health & Safety Law Seminar


Contents

    Statutory and Regulatory Updates
    The latest critical updates to the most widely applicable federal environmental laws/regulations will be reviewed. Recent guidance documents and agency interpretations will also be covered. These include:

  • Clean Air Act: Title V programs, MACT standards, Compliance Assurance Monitoring, stationary diesel engine and refrigerant rules
  • Resource Conservation and Recovery Act: RCRA regulatory corrections and regulatory burden reduction rules, solid waste definition revisions, lab waste management and others
  • Tier II Chemical Inventories, Toxic Release Inventories, and TSCA Inventory Update Reporting
  • Clean Water Act
  • Federal Underground Storage Tanks and the Energy Policy Act: Impact on state compliance programs
  • Implementation of an Employee Plan Compliance Calendar
  • Spill Prevention, Control and Countermeasures (SPCC) Plans:
    Applicable to a wide range of facilities (who may not be aware of it!), SPCC Plan requirements have been in near continuous revision since the major update in 2002.

  • Review of the 2005-2007 revised requirements
  • Self-certification (vs PE certification) criteria and pitfalls
  • SPCC regulations and plans vs reality and practical implementation
  • Using appropriate engineering standards for required inspections
  • Using the USEPA Guidance for Regional Inspectors
  • Advanced Hazardous Waste Management Issues

  • Hazardous waste classification/determination in detail - the 5-step method
  • Knowledge-based vs analytical-based determination
  • Sampling issues
  • Recycling exemptions
  • Identifying, managing and certifying hazardous waste tank systems
  • Cost Effective (and EMS-Conformant) Implementation of RCRA, CWA and CAA Requirements

  • Inspection programs
  • Training programs
  • Testing
  • Monitoring
  • Regulatory Plan Management and Updating
  • Using tools and systems
  • Environmental and Occupational Health and Safety Management Systems; Making EH&S MS Pay for Itself

  • ISO14001/OHSAS18001 in perspective: Focusing on the advantages of systems - not certification
  • Essential system elements
  • Liability and risk reduction
  • EMS vs compliance: compliance-focused EMS
  • Advantages and Disadvantages
  • Hiring and Managing Consultants (and Avoiding Consultants, too)

  • Reducing the reliance on/need for consultants
  • Cost effective management once hired
  • When is outside assistance really needed?
  • Selection criteria and tips - going beyond the brochure
  • Reducing/controlling the compliance risks and liabilities created by consultant prepared work (and internal prepared work, too)
  • Partnering
  • Outsourcing EH&S - issues and recommendations
  • The New CERCLA AII Appropriate Inquiry (AAI) Standard

  • Applicability of the 'Phase I' assessment: It's not your father's Phase I!
  • Review of CERCLA liabilities and liability mitigation in property transactions and business acquisitions
  • All vs ASTM 1527-00 and -05: A comparison of standards
  • Post-AAI/post-purchase obligations, operating requirements and restrictions
  • Contiguous property contamination issues
  • Effective Use of Environmental/OSHA Counsel

  • Examining use of attorney-client confidentiality to determine compliance strategies
  • When and when not to use counsel when dealing with regulators
  • Methods used by agencies to obtain evidence to support enforcement actions
  • OSHA-What's Hot, What's Not

  • Recent significant decisions from the Occupational Safety and Health Review Commission. What do they mean for you?
  • Recent trends in enforcement. Where has OSHA been and where is it going?
  • Recent criminal prosecutions - federal and state actions
  • The latest new and proposed regulations
  • Review of OSHA liability in business acquisitions