Operating within European Environmental Legislation

1. Tom Cutter (MWH UK) Stephane Muguet (MWH Brussels) Operating within European Environmental Legislation

2. General Environmental Requirements

3. Environmental Policy “Valmont is committed to compliance with all National and local environmental laws, regulations and permits at all times and in all respects. This will include, waste, process water, drinking water, sanitary discharges, air emissions, noise, hazardous materials and protected environments. It is the personal obligation and responsibility of each and every employee of Valmont to conduct business in a manner not only consistent with the letter of the law but also the spirit of the law to protect the environment, our assets, employees, and neighbors at all Valmont locations and in each of its endeavors.”

4. Permits and Licences • Construction / Building Permits – if you want to build or alter your site . • Environmental Impact Assessments – to ensure that any construction / building work does not have an adverse environmental impact. • Operating Permits / Licences – to ensure that your activities have limited environmental impact. • IPPC Permit – for certain ‘high risk’ activities.

5. IPPC Directive • Sites undertaking certain activities required to obtain an authorisation (environmental permit). • Activates covered include; • Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

6. Soil / Groundwater Contamination • Contamination due to spillages or unauthorised releases to controlled water bodies or ground. • Onus on the site to identify any potential soil / groundwater contamination. • Remediation may be required immediately or when the site is closing or being sold.

7. Insert Specific Valmont Industries example

8. Valmont Experience • Valley site working for years potential remediation of an acid impoundment. • Soil and groundwater sampling to characterize the site • Developing Monitoring programs • Remediating soil • Working with Regulators and third parties on potential acquisitions • Whatley Commerce City Property • Barrie, Ontario , Canada Property • South Africa • UK

9. Air Emissions Management

10. Air Emissions Restrictions • Air pollution happens when harmful substances are allowed into the air. • The site has a duty to employ methods / technologies to protect the air against pollution. • The main pollutants affecting the air are carbon monoxide, nitrogen dioxide, sulphur dioxide, lead, ground level ozone, small particles and cancer causing chemicals like benzene.

11. Air Emissions Restrictions (2) • There are recognised air quality standards across Europe. • Measurement and reporting requirements are dependent upon location and activities undertaken. • In addition, restrictions on emissions of Volatile organic compounds (VOCs) and solvents. • Valmont Industries Air Emission Tracking System .

12. Climate Change • All countries now have Climate Change Policies • National targets for reducing CO2 emissions. • Targets enforced by taxes or through emissions trading requirements. • Impacts on energy efficiency of; • Buildings, • Processes, • Transportation.

13. Noise / Light / Odour • Environmental Nuisances – although associated with urban centres, it can affect industrial neighbours. • Conditions set out in Construction / Building Permits and/or Operating Permits / Licences. • Sites can be restricted to set limits during certain times of the day with various monitoring and recording requirements.

14. Insert Specific Valmont Industries example

15. Valmont Experience • Most US sites are permitted and require annual emission inventories. • Local, State and National Regulations differ greatly • Permits good only for 5 year period • International regulations vary also • All Regulations are becoming more stringent

16. Climate Change • Most sites are not major carbon dioxide contributors • However, each site needs to compute their footprint • Reasons are simple • Potential Compliance with local regulations • Customers are requiring it to confirm the status of their vendors. • In the future there may be some benefits with cap and trade

17. Water

18. EU Water Framework Directive It is designed to: • enhance the status and prevent further deterioration of aquatic ecosystems and associated wetlands, which depend on the aquatic ecosystems . • promote the sustainable use of water . • reduce pollution of water, especially by ‘priority’ and ‘priority hazardous’. • ensure progressive reduction of groundwater pollution.

19. Water Abstraction and Use Legislation to protect controlled water and groundwater. • Water abstraction Permits / Licences depending upon volume abstracted. • Water use Permits / Licences. • Some water providers require installation of backflow prevention devices. • Water use monitoring and measuring required.

20. Wastewater Discharge • Permit / license required to discharge any wastewaters to surface waters, groundwaters or sewer. • Wastewater discharge measuring and monitoring will be required. • Pre-treatment may be required if wastewater contains polluting or harmful substances above certain thresholds.

21. Insert Specific Valmont Industries example

22. Valmont Experience • Storm water management is becoming a major concern. • Countries around the word have recognized the potential damage industrial stormwater can have on surface waters • Mitigations include: • Stormwater retention cells • Elimination of outdoor activities • Monitoring • Treatment

23. Valmont Experience Continued • The connection between surface waters and soils is leading to additional investigations and permits. • Stormwater retention ponds may be acceptable until significant contamination is found, or the pond becomes part of a treatment process. • Neighbor issues may become your issue forcing your site to prove it is not the or a source of the problem. Next slide is an example

24. BY NANCY GAARDERWORLD-HERALD STAFF WRITER       Three families northwest of Valley will receive whole-house water filters next month because their wells are contaminated by a common solvent. Randy Schademann, site coordinator for the Environmental Protection Agency, said the filters are needed not only to cleanse drinking and cooking water, but also to protect the families from breathing in trichloroethylene released in water vapor. Commonly known as TCE, trichloroethylene vaporizes easily. The families have been receiving bottled water for drinking and cooking since 2002. The EPA only recently has begun testing indoor air for TCE. The air in the three homes was tested last fall. The health effects of TCE can range from skin rashes to nerve, kidney and liver damage. Schademann said it is unlikely that investigators will determine the source of the contamination. A relatively small amount of solvent, as little as one 55-gallon drum, is probably responsible for the problem. The cause could have been a leak, a spill or intentional dumping. The pollution originated northwest of 294th Street and is moving in a southeasterly direction along Old Highway 275 and the Union Pacific Railroad tracks. Schademann said the EPA does not think other wells "downstream" of this site are at risk because the TCE will become diluted by the aquifer. The EPA has set the limit for TCE in drinking water at 5 parts per billion, because that is the lowest level the agency thinks can reasonably be achieved with current technology.

26. Waste

27. Waste Management Background • The revised Directive 2008/98/EC sets the basic concepts and definitions related to waste management and lays down waste management principles such as the "polluter pays principle" or the "waste hierarchy". • A ‘cradle to grave’ responsibility. • you have a duty to ensure that any waste you produce is handled safely and within the law.

28. Definition of waste “Any substance or object which the holder discards, or intends to discard, or is required to discard” • Even if you reuse, recycle or treat materials or substances, they can still be classified as waste. You must ensure you recycle safely and legally, both on and off your site.

29. Waste Management Basics • You must store all waste materials safely and securely in suitable containers. • Ensure that any containers you use are in good condition and that they are clearly labelled. • You must ensure that waste materials cannot blow away and that pollutants cannot leach from the waste into the ground. • You must prevent liquid wastes from escaping into drains, watercourses or surrounding ground.

30. Classifying Wastes • Waste classified by corresponding European Waste Catalogue (EWC) definition. • Hazardous waste is identified with an asterisk (*) • 'absolute entries' are wastes that are always hazardous - for example, inorganic wood preservatives, waste oils or oil filters and wastes from asbestos processing. • 'mirror entries' are wastes that are classed as hazardous if they have dangerous substances present in amounts above certain thresholds - for example, some wastes containing arsenic or mercury or with hazardous properties such as flammability.

31. Classifying Wastes (2) • Scrap metal accumulated for reclamation is exempt from hazardous waste regulations (but ensure it is not contaminated). • Absorbents, wiping cloths and protective clothing • Oil-containing wastes treated as carcinogenic (H7) if above threshold. Also consider flammability and other hazards (H1-H14). • Fluorescent light bulbs • Listed as hazardous wastes under EWC (absolute entry) • Batteries and accumulators • All listed as hazardous wastes under EWC (absolute entries)

32. Classifying Wastes (2) – Best Practice • Identify and characterise every waste stream generated at your facility. • Review waste profiles annually. • Collect analytical test results at least once every 3 years. • Collect analytical test results when there is a process change. • Ensure that all waste loads are correctly described. • Document decisions.

33. General Waste Generation • Waste Hierarchy

34. Hazardous Waste / Special Waste Examples of hazardous wastes: • asbestos  • chemical wastes, e.g. brake fluid, printer toner • electrical equipment containing hazardous components such as cathode ray tubes or lead solder, e.g. computer monitors, televisions  • fluorescent light tubes, e.g. energy-saving light bulbs • lead-acid batteries  • oily sludges  • pesticides  • solvents • tyres.

35. Hazardous Waste / Special Waste (2) • Do you require a Permit to storage hazardous waste? • How long can you store hazardous for? • Have personnel had appropriate training? • Do you use appropriate hazardous materials shipping papers? • Do you correct label and use proper packaging? • Do you have emergency preparedness?

36. Waste Disposal / Contractors • Traceability is required for all waste from its generation to its disposal. • All transportation of waste must be cover by appropriate Waste ‘consignment’ documentation. • All waste contractors transporting and/or processing waste must be appropriately licensed.

37. WEEE • Reduce waste from electrical and electronic equipment (EEE). • Encourage separate collection of WEEE . • Encourage treatment, reuse, recovery, recycling and sound environmental disposal of EEE.  • Make producers of EEE responsible for the environmental impact of their products. • Improve the environmental performance of all those involved during the lifecycle of EEE.

38. Insert Specific Valmont Industries example

39. Valmont Experience • Waste adds compliance and environmental exposures • Valmont tracks is waste both in content and quantity to monitor: • The efficiency of production practices via indexing • Effectiveness of waste minimization practices • Promote better and affordable alternatives

40. Valmont Experience Continued • Monitoring Waste and Air Emissions have resulted in: • Eliminating wastewater from sulfuric acid galvanizing plants • Eliminated potential air emission violations and improved production practices in tubing. • Greatly reduced air emissions and eliminated in some cases the need for air permits.

41. Hazardous Material

42. Asbestos • Asbestos is a potential health issue and therefore needs to be identified and controlled • Found in siding, floor tile, ceiling tile, roofing material and some piping • Remedial actions have included • Removal • Encapsulation • Monitoring

43. Polychlorinated Biphenyls (PCBs) &Polychlorinated Terphenyls (PCTs) • PCBs are among a group of man-made chemicals that are known as Persistent Organic Pollutants. • Directive 96/59/EC on the disposal of PCBs and PCTs aims at disposing completely of PCBs and equipment containing PCBs as soon as possible, and for big equipment before the end of 2010.

44. RoHS • In the EU, from July 2006, the following were banned: • Lead (PCB solders); • Mercury (Switches, Relays and Batteries); • Cadmium (Switches and Relays); • Hexavalent Chromium (Metal Treatment); • Polybrominated biphenyls (PBBs – no longer made in EU) • Polybrominated diphenyl ethers (PBDEs – soon to be phased out in EU).

45. EU Batteries Directive • Prohibits the sale of batteries with mercury or cadmium contents over certain thresholds. • Requirements on collecting, treating and recycling waste batteries and accumulators. • Producers will have to pay for the collection, treatment and recycling of batteries from 1 January 2010.

46. Insert Specific Valmont Industries example

47. Chemical Management

48. REACH – Timeline

49. REACH - for users • Chemicals that are manufactured or imported into the EU will need to be registered with the new European Chemical Agency (ECHA). • Unless you make or import chemicals yourself, as a user it is highly unlikely that you will need to register chemicals. • You should contact your supplier to find out if the chemical(s) you use will be registered by whoever makes or imports it.

50. REACH – current status • The ECHA published a list of pre-registered substances on its website. • List contained over 143,000 pre-registered substances. • A non pre-registered substance cannot be manufactured or imported above 1 tonne per year per manufacturer after 1st December 2008, until it is registered.