Consent Decree Attachments | Region 10 | US EPA

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Consent Decree Attachments


FMC Pocatello Plant
Environmental Management System

FMC will develop an Environmental Management System (EMS) for its Pocatello Plant that is consistent with state-of-the-art principles of environmental management. The Pocatello Plant EMS will be a single, defined management system that integrates environmental, health and safety requirements into work planning and operational processes to effectively protect workers, the public and the environment, and to comply with regulatory requirements.

The key elements of the Pocatello Plant EMS will be derived from the following sources:

•FMC-specific principles and requirements;

•The International Organization for Standardization (ISO) specifications and guidance for Environmental Management Systems (ISO 14001 Standard); and

•There will be enhanced emphasis on compliance assurance, pollution prevention and community outreach.

The final Pocatello Plant EMS will provide Company management with ongoing assurance that:

• Knowable environmental and operational risks have been identified;

• Risks are being appropriately managed;

• Environmental laws, regulations, and permit requirements are being adhered to;

• Appropriate policies, programs, and procedures are in place;

• Organizational responsibilities are clearly defined, understood, and carried out;

• Appropriate environmental control, quality assurance, and verification systems are in place;

• Company operations do not present unreasonable actual or perceived risks to the environment.

The Pocatello Plant EMS will be consistent with the following ISO 14001 principles:

Line Management and Responsibility: FMC’s line management will be directly responsible for protecting workers, the public and the environment.

Clear Roles and Responsibilities: Clear and unambiguous lines of authority and responsibility for ensuring environmental, safety and health protection will be established and maintained at all organizational levels, including contractors.

Competence Commensurate with Responsibilities: FMC personnel will possess the experience, knowledge, skills, and abilities that are necessary to discharge their responsibilities.

Balanced Priorities: FMC will effectively allocate resources for environmental, safety, and health programs, and operations. Protecting workers, the public and the environment will be a priority at the FMC Pocatello Plant whenever activities are planned and carried out.

Identification of Environmental, Safety and Health Standards and Requirements: Before work is started, FMC will evaluate the associated environmental, safety and health hazards. Requirements and standards for environmental, safety and health will be established which, if properly implemented, will adequately assure that workers, the public and the environment are protected from adverse consequences.

Hazard Control: FMC will tailor administrative and engineering controls to prevent and mitigate environmental, safety and health hazards from work being performed.

Operational Authorization: FMC will establish and agree upon the environmental, safety, and health conditions and requirements to be satisfied for operations to be initiated and conducted at the Pocatello Plan.

Environmental Management System Manual – Key Elements

The Pocatello Plant EMS will cover, at a minimum, the following 12 key elements, and will be described in an Environmental Management System Manual.

Management Policies and Procedures

•FMC’s Environmental Policy - The policy will clearly communicate FMC’s commitment to environmental performance, including compliance with applicable federal, state, and local environmental statutes, regulations, enforceable agreements, and permits (hereafter, “environmental requirements”).

•Plant-Specific Environmental Policies and Standards

1) Compilation of general principles, policies, rules, and procedures for plant-specific environmental practices.

2) Includes process for developing, approving, and communicating standard operating practices for activities having potentially adverse environmental or regulatory compliance impacts.

3) Clearly identifies organizational responsibilities for maintaining regulatory compliance, including required reporting to regulatory agencies.

4) Includes ongoing means of communicating environmental issues and information to all organization personnel, on-site service providers, and contractors, and for receiving and addressing their concerns.

5) Establishes and describes processes to ensure sustained interaction with regulatory agencies, and within the organization (e.g., between the various divisions, contractors, and the environmental department) regarding environmental requirements and regulatory compliance.

Organization, Personnel, and Oversight of EMS

•Describes, organizationally, how the EMS is implemented and maintained.

•Includes organization charts that identify units, line management, and other individuals having environmental performance and regulatory compliance responsibilities.

•Identifies and defines duties, roles, responsibilities, and authorities of key environmental program personnel in implementing and sustaining the EMS.

Accountability and Responsibility

•Specifies accountability and responsibilities of Pocatello Plant management, on-site service providers, and contractors for environmental protection practices, compliance, required reporting to regulatory agencies, and corrective actions implemented in their area(s) of responsibility.

•Describes potential consequences for departure from specified operating procedures, including liability for civil/administrative penalties imposed as a result of noncompliance.

Environmental Requirements

•Describes process for identifying, interpreting, and effectively communicating environmental requirements to affected FMC personnel, on-site service providers, and contractors, and ensuring that Pocatello Plant activities conform to those requirements. Specifies procedures for prospectively identifying and obtaining information about changes and proposed changes in environmental requirements, and incorporating those changes into the EMS.

Assessment, Prevention, and Control

•Identifies an ongoing process for assessing operations, for the purposes of preventing and controlling releases, ensuring environmental protection, and maintaining compliance with statutory and regulatory requirements. This section will describe monitoring and measurements, as appropriate, to ensure sustained compliance. It shall also include identifying operations and waste streams where equipment malfunctions and deterioration, operator errors, and discharges or emissions may be causing, or may lead to: (1) releases of hazardous waste or other pollutants to the environment, or (2) a threat to human health or the environment. Finally, the process shall include performing root-cause analysis of identified problems in order to develop remedies and prevent recurring issues.

•Describes process for identifying operations and activities, which could result in adverse environmental impacts and/or regulatory noncompliance, where documented standard operating practices need to be developed.

•Describes a system for conducting and documenting routine, objective, self-inspections by department supervisors and trained staff, especially at locations identified by the process described above.

•Describes process for ensuring input of environmental requirements (or concerns) in planning, design, and operation of ongoing, new, and/or changing buildings, processes, maintenance activities, and products.

Environmental Incident and Noncompliance Investigations

•Describes standard procedures and requirements for incident and noncompliance reporting.

•Establishes procedures for investigation of potential violations or noncompliance.

•Describes a system for development, tracking, and effectiveness verification of corrective and preventative actions.

•Each of these procedures shall specify self-testing of such procedures, where practicable.

Environmental Training, Awareness, and Competence

•Identifies specific education and training required for organization personnel, as well as process for documenting training provided.

•Describes program to ensure that organization employees are aware of its environmental policies and procedures, environmental requirements, and their roles and responsibilities within the environmental management system.

•Describes program for ensuring that personnel responsible for meeting and maintaining compliance with environmental requirements are competent on the basis of appropriate education, training, and/or experience.

Planning for Environmental Matters

•Describes how environmental planning will be integrated into other plans developed by the organization, as appropriate (e.g., capital improvements, training, maintenance).

•Requires establishing written goals, objectives, and action plans by operating organizational units with environmental responsibilities, as appropriate, including those for contractor operations conducted at the facility, and how specified actions will be tracked and progress reported.

Maintenance of Records and Documentation

•Identifies the types of records developed in support of the EMS (including audits and reviews), who maintains them and where, and protocols for responding to inquiries and requests for release of information.

•Specifies the data management systems for any internal waste tracking, environmental data, and hazardous waste determinations.

Pollution Prevention Program

•Describes an internal program for preventing, reducing, recycling, reusing, and minimizing waste and emissions, including procedures to encourage material substitutions. Also includes mechanisms for identifying candidate materials to be addressed by program and tracking progress.

Continuing Program Evaluation and Improvement

•Describes program for periodic (at least annually) evaluation of the EMS, including incorporating the results of the assessment into program improvements, revisions to the manual, and communicating findings and action plans to affected employees, on-site service providers, and contractors.
Public Involvement/Community Outreach

•Describes a program for ongoing community education and involvement in the environmental aspects of the organization's operations and general environmental awareness.

Task Force

FMC senior management will appoint a Pocatello Plant Environmental Management System Task Force to evaluate the Company's current environmental compliance program as it is applied to the Pocatello Plant, and to develop an overall environmental management system for the Pocatello Plant that will ensure compliance with environmental and operational requirements. The Task Force will have approximately 10 members, including Pocatello Plant environmental, engineering and operating personnel, FMC corporate legal and environmental staff, and independent, third-party consultants with expertise in designing environmental management systems.

Task Force Activities

Existing Environmental Management System Evaluation

At this time, the Company tracks environmental and operational requirements applicable to its facilities and monitors compliance by conducting periodic environmental audits. The Task Force will evaluate the current status of the environmental management systems within the Pocatello Plant in order to:

•Compare the current Pocatello Plant environmental management systems to the EMS Objectives and 12 Key Elements and determine what is needed to meet these Objectives and Key Elements;

•Identify strengths and weaknesses of the current Pocatello Plant environmental management systems;

•Evaluate the effectiveness of the current management systems to effectively address the environmental issues and risks that the Pocatello Plant will face, now and in the future; and

Preparation of New Pocatello Environmental Management System

The Task Force will prepare and finalize an Environmental Management System for the Pocatello Plant that includes the state-of-the-art methods for tracking, documenting and implementing environmental requirements, and clear departmental accountability for environmental and operational compliance. The Task Force will prepare a Pocatello Plant EMS Manual that is organized to clearly address each of the Key Elements set forth at pages 2 to 6, above.

All elements of the Pocatello Plant Environmental Management System will be implemented within 24 months of the date the Plant EMS Manual is formally approved. Within 18 months of the date that the Pocatello Plant EMS is fully implemented, the FMC Task Force will arrange for, fund and complete an independent, third party management system audit the purpose and scope of which shall be to evaluate the Pocatello Plant EMS in order to ensure its continuing suitability, adequacy and effectiveness, and to recommend any changes appropriate to achieve the objectives of the program. The third-party EMS system auditors will be ISO 14012 certified or will have comparable credentials and experience in performing EMS audits.


The Task Force will complete its work as expeditiously as reasonably possible, but in any case, by no later than the dates set forth below.

Appoint members of Environmental Management System Task Force
30 days following entry of the Consent Decree
Complete evaluation of existing environmental management systems
45 days following appointment of the Task Force
Complete first draft Environmental Management System Manual 6 months following completion of evaluation
Review/revise first draft and complete final draft 30 days following first draft
Formal approval of Pocatello Plant Environmental Management System Manual Within 30 days of final draft

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