Good recordkeeping systems can take on many forms. However, they all have one trait in common; good organization! Disorganized files and records send conflicting signals and can raise doubts about robust compliance. In contrast, organized files offer inspectors the right information at the right time, and demonstrate a strong commitment to compliance. Many facilities have taken the wise extra step to maintain procedures and documentation in online databases using either an intranet or a third party secure system. Such online systems can ensure the same procedure is being used by all personnel throughout the facility they also allow for scanned or electronic versions of required records to be available at the click of a mouse.
If you choose to keep an electronic database (and why wouldn't you?), please be sure to keep the original hardcopy on file to produce at the request of an inspector. While an electronic system may not mean you can do away with all paperwork and hardcopy recordkeeping, being able to quickly show inspectors an electronic copy of your current training records or most recent inspection logs may be sufficient to demonstrate to them you are taking the necessary steps to ensure compliance.
Which industries in the environmental sector should be concerned with record keeping?
Record keeping requirements can be applicable to any facility that falls under a federal or state environmental program. Some of the most common environmental programs that outline record keeping requirements within the body of their laws include the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), and the Emergency Planning and Community Right to Know Act (EPCRA), just to name a few. Each of these environmental programs is broad in scope and has specific recordkeeping and retention requirements.
How long do I need to keep records?
Some typical records and retention times include (but are not limited to) the following:
Clean Air Act:
- Annual and quarterly compliance reports
- Two to five (2-5) years depending on source and state requirements
- Operations and maintenance activities on control equipment, including date & time
- Two to five (2-5) years depending on source and state requirements
- Performance tests, including results of all analyses, methods for testing, as well as the company that performed them
- Two to five (2-5) years depending on source and state requirements
- Monitoring data for control equipment
- Two to five (2-5) years depending on source and state requirements
- Various management standard requirements under the National Emission Standards for Hazardous Air Pollutants (NESHAP)
- Two to five (2-5) years depending on source and state requirements
- Mandatory greenhouse gas reports
- Three (3) years
Clean Water Act:
- Results of sample analyses, methods for testing, and companies that performed them
- Three (3) years
- Monthly and annual monitoring reports
- Three (3) years
- Sludge use and disposal
- Five (5) years
- Pretreatment records
- Three (3) years
- Spill Prevention Control and Countermeasure Plans, if applicable
- Until closure of the facility
- Storm Water Pollution Prevention Plans, if applicable
- Until closure of the facility
Resource Conservation and Recovery Act:
- Hazardous waste manifests
- Three (3) years from the date the waste was accepted by the initial transporter
- Waste determination records (analyses, test results)
- Three (3) years from the date the waste was sent to an on-site or off-site treatment storage or disposal facility
- Biennial reports (state may have different requirements such as annual reports)
- Three (3) years from the due date of the report
- Exception reports
- Three (3) years from the due date of the report
- Training records
- Until closure of the facility for current employees
- Three (3) years from the date an employee last worked at the facility
- Operating records including inspections, analytical data, and closure plans (treatment storage and disposal facilities)
- Three to five (3-5) years for some, until closure of facility for others
- Land disposal restrictions
- Three (3) years after the date of the determination
- Records of exports
- Three (3) years from the date the hazardous waste was accepted by the initial transporter or from the due date of the annual report
Emergency Planning and Community Right to Know Act:
- Toxic Release Inventory Reports
- Three to five (3-5) years is recommended, as statute of limitations for actions brought under EPCRA is five (5) years
- Material Safety Data Sheets (For determination purposes, requirements are different under OSHA)
- Three (3) years
While documenting and retaining records may seem like a lot of work, these are essential tasks that can keep your business in compliance. Depending on your industry and the state where your facility is located, there may be different recordkeeping and retention requirements.
It is important to remember that environmental compliance is an ongoing process, and documentation and retention is an important part of this process. Having necessary documentation in place can go a long way towards reducing the stress of an unexpected inspection because let's face it, documents are POWER. More importantly, it helps to engrain environmental compliance into the culture of the facility operations by making tasks related to compliance "business-as-usual".
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