From Overview

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From Overview
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• Massachusetts Department of Environmental
  Protection
• Bureau of Waste Prevention
• Mission
• Protect public health and the environment.
• Ensure clean air, clean water and safe waste
  management.
• Methods
• Monitor air quality.
• Quantify chemical use, pollution and wastes.
• Regulate facilities and other sources.
• Promote reuse, recycling and source reduction.
• Regulated Universe

• 30,000 small, 10,000 medium and 600 large
  sources
• 300 waste management facilities

• Use and disposal of consumer products by 6.3
  million people and thousands of businesses

• 4 million vehicles and associated
  transportation infrastructure

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ISSUES FOR REGULATORS

• How do you effectively and efficiently regulate
  large groups of 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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1996Level Agency Resources

• With major sources generally under adequate
  controls and oversight, major environmental goals
  such as Ozone Attainment were still not achieved
• Recognition that numerous small sources
  cumulatively create significant environmental
  impacts
• Build on successful multi-media, pollution
  prevention based approaches
• Less prescriptive, performance-based approaches
• Finding better ways to measure regulated
  community and agency performance
• THE ERP APPROACH AND RESULTS

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ERP Interlocking Tools, Integrated System
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Current Uses of Full ERP ERP Tools in
Massachusetts
Statistical Measurement
Self-Certification
Compliance Assistance Workbooks
Sector or Activity ( )
X
X
X
Dry Cleaners (600)
X
X
X
Photo Processors (450)
X
X
X
Printers (1200)
X
X
Stage II Vapor Recovery at Refueling Facilities
(3000)
X
X
New Small Boilers 10-40BTU (small / year)
X
New Industrial Wastewater Holding Tanks (small
/ yr)
Mercury Dentists (3600)
X
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BASELINE UNIVERSE IDENTIFICATION
Percentage of facilities in the system
Dry Cleaners Currently Captured in the
System For 1998, 1999, 2000, etc.
BEFORE
AFTER 1997
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ERP MEASUREMENT METHODOLOGY

• EBPIs
• Baseline and Year 1 Random Inspections
• Score
• Industry-wide
• Indicator-specific
• Facility-specific
• Statistics

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EBPIs for ERP Printers

• Regulatory Indicators
• Are the fountain solutions used on offset
  web-fed lithographic presses alcohol-free? (air)
• Printer meeting 2ppm or hauling? (water)
• Is the facility in compliance with quantity and
  time limits for HW storage? (waste)
• Beyond Compliance Indicators
• Does printer have a sign prohibiting discharge
  of process chemicals over sinks in work areas?
  (P2)
• Does printer recycle aluminum printing plates?
  (P2)

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PRINTERS PARTNERSHIPAggregate EBPI Analysis
Percentage of Printers
Aggregate EBPI Score
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Dry CleanersAir Quality
(1) Perc Purchases Recorded Monthly
Percent Deviation from Baseline Frequency
(12) Onsite Records of Weekly Leak Checks
Question
(20b) Cycle not ended until temp is lt 45 F
1997 vs. 1998
statistically significant improvement/decline
in performance
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EBPI PERFORMANCE RESULTS

• EBPI Facility Has Emergency Procedures in Place
  
• Performance for dry cleaners increased from 25
  at baseline in 1997 to 80 in 1998. Apply this
  change to the entire universe 358 more
  facilities with emergency procedures in place.
• EBPI Containers in Good Cond. Kept Closed
• Performance decreased by 3 from baseline (or
  roughly 20 more dry cleaners have inadequate
  container management).
• EBPI Meeting 2ppm Silver Discharge
• Performance increased from 60 at baseline to
  98 in 1998. MA DEP can account for 98 of all
  silver generated from photoprocessors in
  Massachusetts.

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SELECT ENVIRONMENTAL OUTCOMES

• Question Are you in compliance with the press
  cleanup solution requirement?
• Results Performance increased from 77 at
  baseline in 1998 to 85 in 1999. Apply this to
  entire universe, this is equivalent to 4.0 tons
  VOC reduction
• Question Is leak detection performed weekly,
  following workbook protocol and using proper leak
  detection equipment?
• Result Performance increased from 33 at
  baseline in 1997 to 66 in 2000. Based on avg.
  perc use per facility, applied to entire
  universe, this is equivalent to 22.5 ton
  reduction of perc emissions.

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Dry Cleaner Accuracy AnalysisSelf-Certifications
vs. Inspections
76
4
1
19
1997
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Stage II Goals and Measures 1997 - 2005

• Compliance strategy based on ERP approach
• Program goal 9000 tons of VOCs controlled by
  3000 fuel dispensing facilities (95 vapor
  capture efficiency).
• Baseline In 1997, only 54 had submitted
  required passing vapor system test results. Over
  90 field non-compliance.
• Program revisions annual certification to system
  integrity (tests), weekly operator inspections,
  systematic reporting enforcement and field
  inspection presence by DEP
• Under revised program, of the 2.7 billion gallons
  of motor fuel dispensed annually, facilities
  accounting for 2.65 billion gallons (98) had
  certified to passing tests.
• In 2005, 8820 tons of VOC demonstrated under
  control vs. 4860 tons in 1997

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Voluntary ERP for Dental Mercury Facilities
2004-2006

• Environmental Footprint Dental practices
  generate waste mercury containing amalgam, 3600
  dentists, 305-320 pounds of mercury total
• Program requirements Install an amalgam
  separator maintain and operate according to
  manufacturer specs. use only pH neutral cleaners
  and clean vacuum system lines recycle all
  wastes keep records self-certification to DEP
• Program incentives and goals If dental practices
  certified in 1st year, would not need to upgrade
  system until 2010. If 50 certified in 1st year,
  DEP would not promulgate mandatory regulations
  for at least 1 year
• Results 1,667 dental practices covering 2661
  dentists (74 of 3600 total dentists)
  self-certified to requirements

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Minnesota
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ERP States Produce Results

• Six states have completed one or more full ERP
  cycles (8 ERPs)
• Across-the-board improvement in first cycle of
  each ERP
• Measured with Environmental Business Practice
  Indicators (EBPIs)
• Reflect highest priority compliance and best
  management practices. e.g.
• DE auto body shops' hazardous waste disposal
  compliance increased from 66 to 91 in one year
• ME auto body shops' use of "green" solvents
  increased from 46 to 97 in one year

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Across-the-Board EBPI Improvements
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EBPIs Show Significant Net Improvement

• 4 EBPIs advancing for every declining EBPI
• Size of advances greatly exceeds size of declines

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ERP Sector-Level Measures Show Sustained
Compliance

• FL inspectors found "straight-A" auto repair
  facilities rose 17 percentage points after two
  rounds of self-certification
• "Straight-A" No violations of any kind
• MA uses a "group compliance score" as its
  primary measure
• Shows the extent to which facilities are
  achieving EBPIs
• Can show improvement, even when facilities are
  not perfect

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Improvements in MA Group Compliance Scores
Explanatory notes for figure available in ERP
2007 Report and Executive Summary.
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Why Do These Improvements Happen?

• Mix of Compliance Assistance, Self-Certification
  and Agency Verification
• Plain-language materials help facilities
  understand requirements
• Facilities more capable and driven to improve
  performance
• Facilities hold themselves more accountable
• More collaborative, trusting relationship with
  the agency
• Key measure Return-to-compliance plan submission
  rate
• Surprising numbers of facility self-declared
  violations
• e.g., 20 of all RI auto body shops submitted at
  least one RTC plan

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ERP's Future New Results, New Sectors

• Results expected for new sectors
• e.g., USTs, salvage yards, small animal feedlots
• New sectors being adopted
• e.g., stormwater
• Larger sectors being pursued
• e.g., thousands of Louisiana oil and gas
  extraction facilities

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ERP's Future Applying Subsets of Tools

• ERP Measurement Multi-State Common Measures
  Project
• Common indicators for a regulated group (SQGs)
  and auto body shops
• Statistical performance measurement by
  participants
• Allow benchmarking of different policy
  approaches, across participants
• Credible Certification-Only Approaches
• Show promise when full ERP not feasible
• MA increased control of dental mercury discharges
  by hundreds of pounds
• MA increased control of gas-station VOC emissions
  by thousands of tons
• Self-certification and third-party certification

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ERP's Future Leadership from New Consortium

• States ERP Consortium
• Founded 2006
• An official "forum" of ECOS
• 18 members (May 2007)
• Goals
• Communicating successes to build stakeholder
  support
• Sharing information among practitioners
• Expanding support within EPA promoting ERP as a
  proven compliance strategy
• Improving disseminating tools for easier
  automation measurement

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Growing ERP Community Represented by Consortium
May 2007
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Want to Learn More about ERP?

• Check out "ERP States Produce Results 2007
  Report on States' Experience Implementing the
  Environmental Results Program."
• Executive Summary (May 2007)
• 2007 Report (Expected Later 2007)
• Purpose of Report
• Update the story of ERP
• Identify ERP states and sectors
• Describe results and other benefits of ERP
• Discuss new directions within ERP community

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Questions/Discussion

• Steve DeGabriele
• [phone]
• steven.degabriele_at_state.ma.us
• Al Innes
• [phone]
• alister.innes_at_state.mn.us