MSWG 2006 Fall Regional Conference

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MSWG 2006 Fall Regional Conference
Environmental Results Program Mainstreaming
Innovative Pilots Jay Benforado,
Director National Center for Environmental
Innovation U.S. Environmental Protection Agency
Ontario, Canada, October 16, 2006
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National Center for Environmental Innovation

Mission

• Promote new ways of achieving better
  environmental results
• Create a performance based regulatory system
• Encourage environmental stewardship by
  businesses, communities, and other organizations
• Foster a culture of collaborative problem-solving

Our work is designed to
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Innovation at EPA
Innovation Drivers
EPAs Strategy

• Focus innovation on priority environmental
  problems
• Develop innovation tools and approaches
• Strengthen our innovation partnership with states
• Foster innovation in EPAs culture and
  organizational systems

• Increasingly complex problems
• Better information technology
• Narrowly focused laws
• Growing interest in environmental stewardship
• Budget constraints

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How an Innovation Goes from Pilot to Mainstream
Environmental Results Program (ERP)
Compliance Assistance Workbook
Self-Certification
Performance Measurement
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Recognition of Innovative Concepts That Address
Pressing Environmental Issues
Driving Issues for Regulators in MA 1996

• How do you effectively and efficiently regulate
  large groups of small facilities or activities
  with limited resources?
• How do you know that your compliance assurance
  efforts (permits, inspections, compliance
  assistance, enforcement, etc.) are yielding
  environmental performance improvements?

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Innovation Developed by MA ERP
ERP Approach

• Integrated system of compliance assistance,
  self-certification, and statistically-based
  measurement that encourages P2

ERP is based on

• Performance standards/certification that can
  replace case-by-case permits (where applicable)
• Whole industry sector based multimedia and P2
• Compliance assistance (clear standards,
  workbooks, workshops)
• Self-Certification
• Inspections and enforcement (targeted and random)
• Measurement and evaluation

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MAs Innovative Approach ERP
Tool 2 Self-certification
Traditional
tools
- Regulations
2a. Sector standards
- Inspections
2b. Applicability statements
2c. Self-certification forms
2d. Return to compliance plans
Tool 1 Compliance Assistance
Tool 3 Perf. Measurement
Enforcement
3a. Environmental Business Practice
Indicators
1a. Compliance assistance workbooks
3b. Statistical analysis
3c. Use of outcomes to target actions
1b. Compliance assistance workshops
3d. Reporting Results
Environmental Results
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ERP Produced Early Intriguing Data
Percentage of MA dry cleaners in the
system

• Percent change in number of regulated facilities
• Change in compliance rates
• Outcome measures

BEFORE 1996
AFTER 1997
2000
MA Return to Compliance submissions
post-implementation (decrease submissionincrease
in compliance)

• MA Dry Cleaners Workbook weekly leak detection
  protocol
• Result Performance increased from 33 at
  baseline in 1997 to 66 in 2000. Based on avg.
  perc use per facility, applied to entire
  universe, equivalent to 22.5 ton reduction of
  perc emissions.
• MA Printers Press cleanup solution compliance
• Results Performance increased from 77 at
  baseline in 1998 to 85 in 1999. Apply this to
  entire universe, equivalent to 4.0 tons VOC
  reduction.

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Feedback on ERP Benefits
States
For Small Businesses

• Enhances and measures performance of
  facilities/whole business sectors
• Addresses cumulative impact of a large number of
  small sources
• Use limited resources more efficiently
• More sustainable regulatory system

• Fee consolidation and cost reduction
• More easily understood regulations
• Clear accountability
• Improved environmental awareness
• Opportunity for industry collaboration/program
  design

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Recognition of Innovation by Key Stakeholder

• 1998 EPA recognizes and endorses MAs ERP in
  Project XL (eXcellence and Leadership) agreement
• 2000 National Academy of Public Administrators
  (NAPA) endorses ERP
• 2000 EPAs Innovation Action Council (IAC)
  selects ERP as 1 of 2 innovations to scale up
• 2000 EPA (NCEI, OECA, and Region I) convene
  formal Steering Committee with MA in joint effort
  to diffuse ERP
• 2001 ERP promoted in ECOStates Journal
• 2000-06 EPA supports adoption of ERP with a
  growing number of states
• 2005 Formal IAC endorsement

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EPAs Support to States
Assistance
Tools

• State Innovation Grant Program www.epa.gov/innovat
  ions/stategrants
• OSWER Innovation Pilots Program
  www.epa.gov/oswer/iwg
• Project planning through contractor assistance
• Invitational travel support state-to-state
  exchange
• Technical document preparation-Guidance/workbooks,
  fact sheets, contractor support
• Coordination among EPA Headquarters and Regional
  Offices, outside stakeholders
• ERP Website epa.gov/permits

• ERP Users Guide for Government Agencies
• ERP Roadmap interactive, how to develop an
  ERP
• A Generic Guide to Statistical Aspects of
  Developing an ERP
• Guide to Data Management for ERP
• EPA National Model UST ERP Workbook (in paper and
  electronic versions)

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ERP Spreading to New States, Sectors

• 16 states are doing ERP in some form
• Sectors now include

• Auto body
• Auto repair shops
• Auto salvage yards
• Dental facilities/Mercury
• Dry Cleaning
• Oil/Gas Extraction Wells

• Photoprocessing
• Printing
• Underground Storage Tanks
• /Retail gasoline sales
• Stage II Vapor Recovery

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What Mainstreaming Means

• General acceptance of approach by multiple
  stakeholders
• Large of states adopt approach
• States ERP Consortium developed by states to take
  on leadership role
• EPA provides credit in enforcement program for
  ERP
• ERP included as implementation option in EPA rules

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Challenges to Mainstreaming

• Institutional resistance to change
• Timeframe to bring innovation to mainstream
  sometimes lengthy, often key proponents/advocates
  change
• ERP is a somewhat complex (multi-media and data
  rich) tool often no single, cookie-cutter
  application
• Competes with traditional programs for scarce
  resources

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Pilot to Mainstream Summary

• Identify promising innovative approach
• Addresses important environmental problems
• Possesses the ability to generate data/other
  useful information
• Demonstrates improved environmental
  results/performance
• Benefits multiple audiences/stakeholders
• Innovative approach recognized/endorsed by key
  stakeholder
• Develop capacity to scale up/replicate innovation
• Bring key stakeholders together to develop
  strategic plan for scaling up/mainstreaming
• Host and support state-to-state network and
  technical assistance meetings
• Lower the implementation threshold (e.g.,
  providing tools, guidance, etc. )
• Provide additional State Innovation Grant funding
  for innovation applications in new states/sectors

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ERP Information

• U.S. EPA Website epa.gov/permits
• MA DEP Website mass.gov/dep/erp
• FL DEP Website dep.st.fl.us/waste/categories/haza
  rdous/
• pages/autocert.htm
• RI DEM Website state.ri.us/dem/programs

NCEI Contacts Scott Bowles bowles.scott_at_epa.gov
Beth Termini termini.beth_at_epa.gov