Industrial facilities are required to maintain a variety of multi-media environmental permits throughout product manufacturing. When notified of the event of a facility closure or ownership transfer the Environmental, Health, and Safety (EHS) professionals will be tasked with a new set of challenges regarding environmental compliance, regulatory deadlines, and permit obligations. The goals of facility permits are environmental protection and legal obligations to prevent enforcement action with federal, state, local, tribal, and parish agencies.
Proper planning begins with a focus on timeline objectives throughout various progressive stages that lead to facility closure or transfer. The pre-planning stage will identify steps to remain in compliance and includes a comprehensive review of each permit to develop an environmental compliance plan, establish regulatory contact information, and development of a facility compliance and legal team. Mid-planning stage will identify steps to remain in compliance, such as notifying regulatory agencies to terminate or transfer environmental regulation obligations and permits from a former owner to the acquiring company, typically a new legal entity.
The final planning stage involves communication with regulatory agencies to confirm the permit status, conduct final inspections, archive documentation, and provide key deliverable reports for leadership and legal teams. This requires a thorough knowledge of best management practices as it applies to environmental permits and regulatory compliance. Environmental professionals should understand the processes as defined by regulatory agencies to support business operations and legal teams through the transaction process.
As a permit holder ceases operation it is their duty to ensure the facility is free of pollution. It is incumbent on the owner to notify the successor permit holder of environmental issues that may result in enforcement actions and possible reputational damage. Environmental permit compliance during facility closure or transfer displays accountability and strengthens the business’ reputation as a proper environmental steward.