Certificate in Environmental, Health & Safety Law Seminar

Contents

• Block I: Occupational Safety and Health Law and Special Issues
  (Monday and Tuesday)

• Block II: Environmental Laws and Regulations
  (Wednesday, Thursday and Friday)

Occupational Safety and Health Administration Department of Labor

• Authority to Promulgate Standards
• Authority to Adopt Regulations

• Inspections
• Citations

• Independent Adjudicatory Agency
• Organization of the Commission

• U.S. District Courts
• U.S. Courts of Appeal

• Definition of Standard
• Types of Standards
• Duty to Comply with Standards
• Elements of a Violation of Section 5(a)(2)

• Coverage
• Text
• Preemption of Section 5(a)(1) by Standards
• Elements of a General Duty Clause Violation

• Basic Recordkeeping Provisions
• Coverage
• Mechanics of OSHA Recordkeeping
• Reports of Fatalities or Multiple Hospitalizations
• Access to Records Requirements

• Text
• Coverage
• Procedure
• Elements of the Violation
• Other Federal Statutory Protection
• Types of Conduct Found to be Protected
• An Employee's Right to Refuse Dangerous Work

• Recognizing Inspections as the Beginning of Litigation
• Planning for the Walkaround
• Establishing a Document Control System
• Preparing Employees for OSHA Interviews
• Structuring Accident Investigations in Relation to an Inspection
• How to Handle a Fat/Cat Inspection

• Basic Constitutional and Statutory Provisions
• Types of Inspections
• Advance Notice
• OSHA May Not Inspect Workplaces Without Consent or Warning
• OSHA May Not Inspect Papers, Including Records, Required by Regulations, Without Consent, Subpoena or Warrant
• Must OSHA Always Use a Subpoena to Obtain Papers?
• Consent and Plain View
• Requirements for a Warrant
• How Can a Warrant Be Challenged?

• Features
• Consequences
• Procedural Requirements
• Contesting
• Effect of Failure to Timely Contest

• Willful
• Repeated
• Serious
• Non-Serious
• De Minimis
• Failure to Abate
• Imminent Danger

• Amounts of Penalties
• Calculation of Proposed Penalties
• Assessment of Penalties
• Enhanced Penalties Under the Egregious and Repeated Policies

• Specific OSH Act Offenses
• General Federal Offenses
• Closely Related Environmental and State Offenses
• Federal Sentencing Guidelines and Corporate Compliance Programs

• Recent Prosecutions and Enforcement Trends

• Document Discovery
• Depositions
• Utilization of Motions

• Role of the Administrative Law Judge
• Rules of Evidence

• Rights of Employees
• Limitations on Employee Rights
• Representation of Employees

• Invalidity of the Standard
• Preemption of the Cited Standard
• Preemption of the General Duty Clause
• Preemption of the Act
• Multi-Employer Worksite Defenses
• Infeasibility
• Greater Hazard
• Unforeseeable Employee Misconduct
• Reasonable Promptness
• Lack of Particularity
• Statute of Limitations

• Standard for Personal Protection Equipment-requirements for eye, face, head, foot and hand protection
• Permit-Required Confined Spaces
• Powered Industrial Trucks
• Respiratory Protection
• The Control of Hazardous Energy (lockout/tagout)-purpose, elements of a required program, generic work permit procedures
• Hazard Communication Standard-scope and application, requirements, training and recordkeeping
• Construction Standards
• OSHA's Rules on Occupational Exposure to Asbestos
• Ergonomics-cumulative trauma disorder, redesigning the workplace, enforcement actions

• Purpose
• Procedures for Conducting Audits
• How to Structure a Safety and Health Compliance Audit to Minimize the Risk of Compulsory Disclosure

• Sources of Environmental Law
• Statute vs. Regulations
• The Statutory and Regulatory Process
• Involvement in the Process
• Common Law and Its Impact on Environmental Management
• Research and Sources of Information
• Introduction to Civil, Criminal and Administrative Enforcement

• Homeland Security Reporting and Confidentiality Requirements for Environmental Data
• Integrating Contingency Plans (SWP3, RCRA, CWA, SPCC) to Respond to Disasters
• Emergency Risk Management in the Context of Environmental Requirements

• NAAQS
• PSD Program
• Non Attainment Program
• Structure of the Act
• Federal and State Interaction
• Categories of Sources Covered

• Ambient Standards and Emission Standards
• Establishing NAAQS
• NSPS
• NESHAP
• MACT

• Implementing NAAQS via SIPS
• State Implementation of NSPS and NESHAP

• Introduction
• SIP Requirements for Non Attainment Areas

• Introduction
• An Overview of the PSD Program
• Visibility Protection for Class I Areas

• Major, Significant and Other Modifications
• Repair and Maintenance
• Plantwide Applicability Limits (PAL)
• Offsets
• Lowest Achievable Emissions Rate (LAER)
• Clean Unit Determinations/Pollution Control Project Exemptions
• NSR Reform

• Statutory Scheme of Section 114
• Section 114 Record Requirements

• Permit Applicability
• Major and Affected Sources
• Federal and State Title V Program Implementation
• Initial Permit Applications and Title V Permit Content
• Application and Permit Shields
• Permit Revisions/Modifications
• Permit/Operational Flexibility
• Permit Renewals
• Public Notice Process and Impact
• Compliance Assurance Monitoring
• Compliance and Monitoring Certifications
• Civil and Criminal Enforcement Under Title V

• NAAQS
• Control of Mobile Sources
• Air Toxins
• Acid Deposition Control
• Permits
• Stratospheric Ozone Protection
• Clean Air Research
• Disadvantaged Business Concerns
• Job Displacement
• Visibility

• Overview
• Technology-Based Standards
• Special Federal Effluent Limitations

• Types of Water Quality Standards
• Effluent Limitations
• Standards Setting Process
• State and Local Standards
• State and Local Water Quality Planning and Management

• NPDES Program
• Permit Issuing Authority
• Effect of Permit
• Permit Application
• New Sources and New Dischargers
• Permit Conditions
• Excusable Violations
• Permit Modification, Revocation, Termination or Transfer
• Permitting Procedure

• Municipal Storm Water Discharge Permitting
• Industrial Storm Water Discharge Permitting
• Construction Storm Water Permits
• Exempt and Allowable Discharges
• Storm Water Pollution Prevention Plans (SWPPP)
• Storm Water Monitoring

• Prohibitions
• Individual and General Permit Programs
• EPA Oversight
• Exemptions
• State Programs
• Permitting Process
• Modification, Suspension or Revocation

• Applicability and Goals
• Spill Prevention, Control and Countermeasure (SPCC) Rule
• Revised/New SPCC Requirements
• SPCC Plan Development and Operational Compliance
• USEPA Inspection Guidance
• Facility Response Plans

• Nonpoint Source Management Programs
• Stormwater and Combined Sewer Overflows
• Sewage Sludge Disposal

• Key Definitions
• Liability Provisions
• Government Clean-Ups
• Compelled Private Response
• Liability Under Common Law
• Private Causes of Action
• Government Settlements
• Citizen Involvement
• Insurance Issues
• Reporting Requirements

• Overview and General Observations
• Preliminary "Pre-Offer" Investigations
• Environmental Due Diligence Reviews During Deal Negotiations
• After Due Diligence: Negotiation of Contract Provisions

• The Securities and Exchange Commission Rules
• The Securities and Exchange Commission's Disclosure Policy
• Company Response

• Role of State and Local Government
• Emergency Planning Notification
• Emergency Release Reporting
• MSDS Reporting
• Tier I and II Inventories
• Form R TRI Reporting
• Enforcement

• RCRA "Closed the Loop" of Environmental Regulations
• The Scope of RCRA

• Delegation of Program Authority to States
• Requirements for State Authorized Programs
• Retention of Federal Oversight and Enforcement

• Waste Determination and Classification
• Recycling, Reuse and Other Exemptions/Exclusions
• Generator Classifications (CESQG, SQG and LQG) and Differences
• Container Management
• Tank Management
• Satellite Workplace Accumulation
• Accumulation and Storage Area Management
• Inspections
• Training
• Emergency Preparedness and Contingency Plans
• Recordkeeping and Reporting
• Shipping Hazardous Wastes

• Permit Requirements
• Exemptions From Permitting

• Chemical Substances and Mixtures
• Manufacturers and Importers
• Processing

• Overview of Requirements
• Determining Whether a Chemical is a "New" Chemical Substance
• PMN Exclusions and Exemptions
• Completing and Filing a PMN
• EPA Authority
• Significant New Use Rules (SNURs)

• Section 4(a)
• Identification of Chemicals for Testing
• EPA Implementation of Section 4
• Test Rule Procedures

• Section 13 Import Certification Requirements
• Section 12 Export Provisions

• EPA Considerations
• EPA Authorities
• Specific Chemicals Regulated

• EPA Inspection and Subpoena Powers-Section 11 and Section 15 Laws
• Civil Penalties-Section 16(a)
• Criminal Penalties
• Injunction Actions and Seizures-Section 17
• Citizen Enforcement Powers-Sections 20 and 21

• Negligent Violations
• Knowing Violations
• Knowing Endangerment Violations

• Individuals-All Employees
• Responsible Corporate Officials
• Corporate Liability

• Reasons for Inspections
• Inspections vs. Audits
• Statutory and Administrative Authority for Inspections
• Constitutional Considerations: Fourth and Fifth Amendment
• The Actual Inspection: Personnel and Procedures, Sampling and Records, Preserving Confidential Information
• Warrants: Inspections and Search Warrants
• Managing the Post-Inspection Process

• EPA Audit Policy: Incentives for Auditing, Conditions for Penalty Waiver, State Audit Privilege Laws
• Elements of An Audit Program: Independence of Auditor, Audit Procedure, Documentation and Report, Corrective Action
• Environmental Management Systems: ISO 14000 Series-Pros and Cons, EPA Code of Environmental Management Principles
• Developing and Managing Auditing Programs

• Release Reporting Obligations Under Major Environmental Statues
• Determination of Captured Events and Incidents
• Statute-Specific Definitions and Requirements
• List of Lists and Other Regulated Chemical Lists
• Continuous Release Notifications
• Federally Permitted Release Exemption
• The Notification Process and Required Documentation
• State and Local Reporting Issues and Coordination
• Spill and Release Reporting Tips