5 Environmental Compliance Essentials for Cannabis Businesses
In the business of legal cannabis, environmental compliance is one of the easiest to overlook in the permitting process and one of the easiest reasons to get your permit or renewal denied. The long and involved list of environmental concerns can be boiled down to 5 main topics: Air, Water, Waste, Pests and Agency.
Air encompasses the Clean Air Act and various local ordinances for odor control. Water is regulated by the Clean Water Act and the Safe Drinking Water Act. Waste management has multiple and varied ordinances depending on where your business is located and includes hazardous waste.
The Federal Pesticide, Insecticide, Fungicide and Rodenticide Act covers the regulation of chemicals used for pests. The enforcement of environmental legislation crosses multiple federal and local agencies.
Air
There are currently no federal limits specific to the cannabis industry under the Clean Air Act, which means the general limits for all businesses and the limits for VOC (Volatile Organic Compounds) apply. The major items that cannabis businesses must be aware of and get permits for in their specific area are the discharge from processing, odor control and any supplemental or back-up generators. Odor control in the cannabis industry has been a particularly difficult hurdle to overcome in populated areas and permitting isn’t always straightforward at the local levels.
Water
The Clean Water Act requires at least one permit. Depending on the source of water for your cannabis facility, the chemicals used at your facility and the disposal of water at your facility, you may need more than one permit. The legislation covers all “discharge of pollutants” into all water sources, no matter what that pollutant may be.
If your facility disposes of all waste water into the city sewer, you may need an additional pretreatment permit. If any part of your facility is outside, then you may need a stormwater plan or permit.
Even if you only have a store front dispensary with no processing on site, you will still need a permit due to the chemicals used to clean your facility and the employee waste. If you use an injection well for water waste disposal or you have well water for drinking you will need to review the permitting needed under the Safe Drinking Water Act.
Waste
Every business creates waste in some form or another. This waste is generally classified as universal, hazardous, green/bio or recyclable. California is well known for having the most stringent environmental laws regarding waste in the US. What may be considered universal or general waste in other parts of the country could be classified differently in California.
Determine what is required in your area of the country for the type of waste streams your business generates. Particularly important for the cannabis industry is the green/bio waste that is generated from cannabis plants and processing. Composting of plant trimmings may be required with specific processing (location, percentage of THC material to other material, enzymatic additives, etc.). Otherwise trimmings may be considered hazardous waste which requires cradle-to-grave documentation and a certified waste transport and disposal company.
Pests
The Federal Insecticide, Fungicide and Rodenticide Act crosses over regulatory agencies such as the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA) and Occupational Safety and Health Administration (OSHA) depending on the type of compliance required. The use and disposal of any kind of chemical is covered by the EPA.
Any chemicals directly on or mixed with the cannabis, whether inhaled, in an edible or in a topical, would be covered under the FDA. Anything that effects the personnel employed by your cannabis business, including yourself, is covered by OSHA. Whether that person is handling the chemicals, using the chemicals, near the chemicals or in the same building as the chemicals, it still applies.
Some very important pieces of information to note: currently there are no approved pesticides for cannabis as it is still illegal at the federal level. However there are 59 pesticides approved for use on hemp. Also, a pesticide is not classified by the chemical compound, but by its intent. For example, some growers use a diluted spray of hydrogen peroxide for certain pests at certain times of the grow cycle, and even though it is labeled as a first aid item it would still be a pesticide in this situation due to its intent.
Agencies
Regulations regarding the environment exist at the federal, state and sometimes municipal level and will be enforced across multiple agencies, such as the EPA (environment/chemicals), FDA (packaging/edibles) and OSHA (personnel). In general, the state level agency for the particular infringement will manage noncompliance, however the federal agencies can and will step in for particularly bad circumstances.
The first step prior to opening your cannabis business is to get all of your permits in order for air, water, waste, pesticide and people management. The second step is clearly and consistently documenting your safety checks. The last step is to report your compliance. If there is non-compliance, report it immediately along with the steps taken to remediate the problem.
Air, water, waste, pests and agency can be your topic touch points to start looking into what permits you need to run your cannabis business. These rules apply across the board, whether you’re a grower, extractor, distributor, dispensary or lounge. Environmental impact touches the natural world we live in as well as all of the people living in it.
As a growing industry that continues to increase its need for resources like water and electricity, it is our duty to be stewards to the environment, and do our part to grow as cleanly as possible. Not just for consumers, but for the health of our local ecosystems and environment as a whole.
Contact Greener Consulting Group if you need assistance navigating environmental compliance hurdles so you can avoid the hassle and paperwork of dealing with these agencies.