January 26, 2012
Recent EH&S Trends Based on 2011 Data
February 2, 2012
The EH&S Compliance Cycle: Audits, Development, Implementation, and Maintenance
February 9, 2012
Supplemental Environmental Project (SEP) & August Mack’s eCAP Programe
February 16, 2012
Background Contaminants
February 21, 2012
IDEM Rule 6 Storm Water Permits
February 23, 2012
Environmental Due Diligence for Commercial Property Transaction
March 2, 2012
How Do You Manage Your Safety Risk in Environmental Remediation Projects?
March 8, 2012
Changes to Indiana Closure Guidance
March 15, 2012
Environmental Considerations with Land Use Redevelopment
March 22, 2012
Updated Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Standards
In September 2008, August Mack’s eCAP® (Compliance Assurance Program) was formally qualified as a Supplemental Environmental Project (SEP) through the United States Environmental Protection Agency (EPA) Region 7. The eCAP® program is an environmental health and safety management system (EMS) that uses a team of August Mack experts to routinely and methodically assess and maintain compliance at a client’s facility. The eCAP® program leverages technology via a Web-based document management system that schedules compliance activities, stores facility profile data and has the ability to track and manage regulated chemicals using client’s Material Safety Data Sheets.
The United States Environmental Protection Agency’s (EPA) Supplemental Environmental Projects Policy (May 1, 1998) defines a SEP as:
“...environmentally beneficial projects which a defendant agrees to undertake in settlement of an enforcement action, but which the defendant is not otherwise legally required to perform.”
In order to be considered “environmentally beneficial,” the SEP must improve, protect or reduce the risks to public health or the environment at large. The eCAP® program organically provides risk reduction due to the detection of potential threats in the various environmental mediums and increases awareness of the regulations and hazards at the facility.
In a June 2003 guidance document entitled “Environmental Management Systems in Enforcement Settlements as Injunctive Relief and Supplemental Environmental Projects,” the EPA reaffirmed its support incorporating an EMS into settlement terms as long as the root cause of the violation is addressed.
For a project to be considered and qualified as a SEP there are five steps for the EPA to follow.
- Ensure the project meets the basis definition of a SEP.
- Ensure all legal guidelines, including nexus, are satisfied.
- Ensure the project fits within one (or more) of the designated categories of SEPs.
- Determine the appropriate amount of penalty mitigation.
- Ensure the project satisfies all of the implementation and other criteria.
In next month’s issue, we will discuss the five steps in detail and elaborate on how eCAP® was able to fit the requirement for each step.
Mike Ogburn is the eCAP® Program Development Manager with August Mack Environmental, Inc. in the Indianapolis, Indiana office. He has more than 20 years experience and is responsible for designing customer specific web-based regulated chemical tracking systems for industrial manufacturers. Mike is also responsible for managing August Mack's web-based Material Safety Data Sheet module and has detailed knowledge of Emergency Planning & Community Right-to-know Act reporting (EPCRA), MSDS management, chemical inventory audits, environmental auditing and environmental management systems (EMS). He can be reached at 317.916.3111 or via e-mail at mogburn@augustmack.com.