Agency Internal Procedure
As with any agency practice, personnel/agency preparation is important. Prior to an inspection, an the agency will: (a) determine the scope and objectives of the inspection; (b) coordinate, as necessary, the inspection activities with other regulatory or enforcement personnel such as the Department of Justice, state agencies, the Coast Guard, the FBI, or the Corps of Engineers; (c) develop an understanding of the technical, regulatory and enforcement aspects unique to the facility; (d) develop a plan, or strategy, for the actual inspection to make sure the inspection is consistent with the scope and objectives previously established; and (e) determine health, safety and equipment needs and requirements for the inspection.
The purpose and objective of an investigation are intertwined and one cannot be determined without the other. The purpose and scope will help the inspector determine who to coordinate the inspection with, what information is needed on the facility, what documents will be required, whether sampling will take place and whether to give advance warning of the inspection to the facility. Once the purpose and scope is determined, the inspector will contact other agencies to coordinate the inspection process. The inspector may contact other federal programs (RCRA, CWA, CAA, CERCLA, TSCA or OSHA), other federal agencies (Department of Justice, the FBI, the Corps of Engineers) and state and local agencies. The purpose of the coordination is to avoid interference and to facilities the sharing of information. If activities are to be coordinated with any other agency (either federal, state or local), the inspector will coordinate the schedules for the inspection, supply necessary information to the coordinating agency and generally operate as a clearing house of information.
Prior to the inspection, the investigators will pull all relevant agency files to further prepare for the inspection. Request your facility’s file pursuant to the Freedom of Information Act; you will probably be amazed at what is in the file. Based upon the review of the facility files, the inspector will have developed a better technical understanding of the facility particularly it’s past compliance history.
Once the file review is completed, the inspector will then determine what equipment will be needed for the inspection. There is a list of equipment and supplies normally required for RCRA inspection. The completed inspection plan should address such areas as notification of the inspection to the facility (prior notice or surprise), entry of the facility, opening conference priorities, records review and the field inspection. See United States Environmental Protection Agency, Resource Conservation & Recovery Act Inspection Manual, § 2.2 (January 1989); See also United States Environmental Protection Agency, NPDES Compliance Inspection Manual, § 2.2 (July 1986).
More later.
As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.
WDJiii