Foundries are among a group of industries that are heavily regulated by federal, state, and local rules and regulations. And tight regulation inevitably leads to more frequent inspections by regulatory agencies.

There are many reasons inspectors may show up at your foundry. A facility might be inspected as part of a routine inspection, for an emphasis program (ex.- a focus on foundries), or because of an employee or neighbor complaint. Inspections are also initiated because of past violations found at your facility or other foundries. Inspections can also result from a new permit application, a permit renewal, or a permit amendment request. An increase in pollution downwind or downstream, or data collected by citizen scientists may also result in a follow-up EPA inspection.

Prior to visiting your site, inspectors conduct a file review and prepare an inspection plan. They typically review their files for the selected facility, including submitted reports, laboratory data, permits, and other regulatory submissions. They may also be aware of complaints (if there are any) and the foundry’s history of violations (if any). Despite all of this, when an inspector knocks on your door, it’s important to stay calm and not be overwhelmed. The best way to prepare for inspection day is by knowing the regulatory requirements, having a strong auditing program, keeping organized records, and implementing good housekeeping practices every day! Whenever the EPA shows up, you’ll be ready.

When an inspector does show up at a facility, their general purpose is to determine whether the facility is in compliance with the rules, the regulations, and their permits. There may be one inspector looking at one set of regulations, such as hazardous waste, or you may have a team of inspectors prepared to perform a multi-media inspection. The inspection may include documentation requests, questions about your programs, a site inspection, employee interviews, or all these methods.

Environmental Regulatory Inspections
When inspectors arrive at your facility, ask them for identification and a business card. This information should be shared immediately with the top management and your environmental, health and safety management. Ask them to wait in a specific foyer or office while you assemble the appropriate on-site staff. Some companies always include their attorney from the beginning of the inspection process. Be courteous and professional but don’t chat or joke about safety or environmental issues with the inspectors.

Most inspections start with an opening conference. The plant manager or highest ranking official and environmental personnel should be at the meeting. The inspector should explain the purpose of their visit, the scope of their interests, and give a general estimate of the amount of time they plan to spend at the facility. The highest-ranking company official should take time to explain the emphasis the company places on environmental protection and to set the tone and leave a positive overall impression. It is a chance for management to impress upon the inspector that environmental performance, careful use of natural resources, and continual improvement, are priorities for the company, above and beyond compliance.  

EPA inspectors often begin with a request for a map of the facility, and then a request for other paper work. When they have an overall sense of the activities on site, they will likely ask for a facility tour. The foundry should have two facility personnel accompany each of the agency representatives throughout the inspection.

Take the most direct route to the area of concern identified by the agency. It’s important to take detailed notes of agency activities and concerns. If a problem is identified during the tour, and it can be fixed immediately, do so. (ex. Close a container or post a sign.) If they take photos, take the same photo. If they take samples, ask for a split of the sample for your lab. Ask which parameters the sample will be analyzed for and the lab method being used.  Following sampling events, the facility should request a copy of the chain of custody form used by the agency. Foundries should note the exact location, type of sample, quantity, and note the method used to collect each sample. It is important to ensure they are collecting a representative sample. Foundry representatives should answer questions directly, but not offer any additional information. If the answer to a question is “yes”, or “no”, that should suffice. Don’t feel the need to elaborate or share information they didn’t ask for.

During record reviews, the company only should provide the information requested and not volunteer anything extra. The company should make a copy of all records provided to the agency and number them in the sequence provided.

Eventually the inspection will draw to a close and you should ask for a closing conference. Ask the inspector(s) to review their preliminary findings. This is where you will first learn which areas they feel are a problem and whether from their perspective the problems are minor or major. This information should be shared with the plant management and legal counsel. Respond to agency requests for information promptly and professionally. And remember to breathe! Usually it will be weeks before you receive the agency’s formal findings, and whether violations were identified.

Prepare With Good Records
A review of environmental records is part of every environmental inspection. The Golden Regulatory Rules are:

• If it is not written, it didn’t happen, or it doesn’t exist.
• Some things are written that probably should not exist.
• If a permit, order, or agreement requires you to do something– make a form to record it!

To be effective, good environmental recordkeeping must address all environmental media programs plus the miscellaneous minor regulations that apply to foundries. Recordkeeping is required for air, water, stormwater, oil storage and spill containment, waste, and other miscellaneous environmental concerns. When it comes to recordkeeping, read the standards and your construction and operating permits, understand them, and know the details of the recordkeeping requirements. Carefully evaluate where actions are required and create forms to record the details. Know which agency administers each set of regulations. Know your facilities history and keep historical records in an organized manner so you can retrieve them when inspected.

Water records may be split into stormwater discharges and industrial process discharges. Stormwater run-off from rooftops, parking lots, drainage areas, storm drains, retention areas and construction projects may require permits and documentation including: A Stormwater Pollution Prevention Plan; annual or quarterly discharge monitoring reports; Annual stormwater team training; an annual comprehensive site evaluation report; and a recommended Best Management Practice checklist.

Water used in industrial processes and is often discharged via sewer to a Publicly Owned Treatment Work (POTW). Discharge to the local sewer may require pre-treatment of waste waters and a National Pollutant Discharge Elimination System (NPDES) permit. You must be familiar with your local POTW ordinance and state agency regulations governing wastewater discharges.

Examples of important waste management records include the requirements for solid waste, hazardous waste, industrial waste, universal waste and byproducts for re-use. Keep analytical data, waste characterizations and determinations for each waste stream. Hazardous waste records are some of the most important records because companies are responsible for the hazardous waste they generate, from cradle (creation) to grave (treatment or disposal). Keep track of all wastes generated, how much of each type, who hauled them off-site and their final destination. Employee training records, uniform hazardous waste manifest forms (both the generator’s initial and fully signed copies, and biennial (or annual) hazardous waste reports should be kept on file. Other waste records to keep include weekly hazardous waste container inspection, a Preparedness, Prevention and Contingency Plan, or Environmental Action Plan, or a hybrid emergency plan, waste minimization information, land disposal restriction notices, and manifest form exception reports. Document your Generator Status. Many states and EPA provide recordkeeping relief to companies that generate only small amounts of hazardous waste. Document weekly container inspections and a preparedness, prevention and contingency plan.

Other miscellaneous records required may include the Emergency Planning and Community Right to Know Act (EPCRA-1986). For EPCRA, there should be a chemical inventory and consumption records to determine applicability of various requirements including reporting.

Best Practices
Plants should consolidate all regulatory files into one location within the plant or foundry. Either a file drawer or shelves of notebooks will serve the purpose. There should be limited access provided to regulatory records, and the plant manager, EHS staff, and alternate recordkeeping personnel should be familiar with the files, their content, and location. The owner, operator, or an officer of the company should ensure there is a clear understanding of who is liable under each environmental statute.

Each foundry should have a comprehensive plan in place to identify all applicable regulatory requirements. Personnel or consultants should attend regular educational events to stay abreast of regulatory change. AFS membership can help with this responsibility. Operate within the legal limits while keeping accurate documentation of activities, notifications and reports. Anticipate process changes so there is time to apply for environmental permits. Frequent in-house audits can help to identify problem areas before inspectors are at your doorstep.   

Click here to see this story as it appears in the March 2019 issue of Modern Casting