ONGOING EFFORTS BY STATE
REGULATORY AGENCIES TO INTEGRATE
POLLUTION PREVENTION
INTO THEIR ACTIVITIES
for:
Pollution Prevention Division
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
Work Assignment Manager: Lena Hann
Kerr & Associates, Inc.
2634 Wild Cherry Place
Reston, VA 22091
In partial fulfillment of
Industrial Economics Corporation's
Work Assignment #132, Contract #68-W1 -0009
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TABLE OF CONTENTS
Introduction 1
Program Elements ,....: 2
Chart: Multimedia and Pollution Prevention Activities by State
Regulatory Agencies 6
Regulatory Integration Activities, Region I 7
Explanatory Notes , 7
CONNECTICUT 7
MAINE 7
MASSACHUSETTS. . 8
NEW HAMPSHIRE 9
RHODE ISLAND . 9
VERMONT 10
CONTACTS 10
Regulatory Integration Activities, Region II 13
Explanatory Notes 13
NEW JERSEY 13
NEW YORK 14
CONTACTS 15
Regulatory Integration Activities, Region III 16
Explanatory Notes 16
DELAWARE .16
MARYLAND 16
PENNSYLVANIA 17
VIRGINIA 17
CONTACTS.... I ....18
Regulatory Integration Activities, Region IV 20
Explanatory Notes 20
FLORIDA 20
GEORGIA 21
KENTUCKY ....21
NORTH CAROLINA 22
MISSISSIPPI 23
CONTACTS 24
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Regulatory Integration Activities, Region V ...„. 26
•Explanatory Notes 26
ILLINOIS ; "26
INDIANA 27
MICHIGAN 28
MINNESOTA 29
OHIO 30
WISCONSIN : 31,
CONTACTS 33
Regulatory Integration Activities, Region VI ......35
Explanatory Notes 35
LOUISIANA 35
OKLAHOMA 35
TEXAS . 35
CONTACTS 37
Regulatory Integration Activities, Region VII ...........39
Explanatory Notes 39
IOWA 39
KANSAS 39
NEBRASKA 40
CONTACTS 41
Regulatory Integration Activities, Region VIII...... 43
Explanatory Notes 43
COLORADO 43
NORTH DAKOTA 43
SOUTH DAKOTA 44
UTAH 44
WYOMING 45
CONTACTS 46
Regulatory Integration Activities, Region IX .48
Explanatory Notes .........48
ARIZONA .48
CALIFORNIA 49
HAWAII 52
CONTACTS 52
Regulatory Integration Activities, Region X 54
Explanatory Notes .54
ALASKA 54
IDAHO : ..: 55
OREGON 55
WASHINGTON 56
CONTACTS 58
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Introduction
As pollution prevention has become an increasingly important part of state
environmental programs, the scope and diversity of these programs has increased. When the
National Roundtable of State Pollution Prevention Programs first formed, the few state
pollution prevention programs were largely non-regulatory technical assistance programs.
While the vast majority of state pollution prevention initiatives remain focused on
providing non-regulatory assistance to industry, the range of methods utilized by the states has
grown enormously. The changes have included both a growth in the scope and sophistication
of the non-regulatory programs, and an increasing effort in many states to modify regulatory
programs to incorporate pollution prevention approaches.
Many states are increasingly looking for opportunities to improve the environmental
protection provided by their regulatory programs beyond that afforded by the traditional media-
specific end-of-pipe programs. Some have decided that integration of pollution prevention1
into their regulatory programs may both augment current regulatory strategies and support
non-regulatory initiatives.
Innovation and experimentation are frequent elements of regulatory integration
initiatives. States have used pilots to test new approaches. Program designs have often been
context-specific for unique state or local conditions. They have included a range of activities
affecting the issuance of environmental permits, compliance inspections and enforcement
actions. In some cases, states have also taken organizational measures, ranging from training
of regulatory personnel to functional reorganization within the state agency, to more fully
promote implementation of pollution prevention approaches.
In order to facilitate sharing of what is being learned from these pilot projects and
experimental approaches, the Board of Directors of the National Roundtable agreed it would
be useful to develop a summary of current state regulatory integration activities. The purpose
of this report is to provide a general perspective on the approaches being used, a very brief
picture of the projects being undertaken in individual states, and a list of appropriate people to
contact for in-depth information or for updates. Much of the information in the report on
individual state programs was provided to the Board by Roundtable members.
The focus of this report is specifically on integration of pollution prevention into
regulatory operations; it is not meant to be a comprehensive picture of any state's pollution
prevention activities. Incentives, programs, peer match, grants, technical assistance, and
other voluntary pollution prevention efforts fall outside the scope of this project
1 Former EPA Deputy Administrator Henry Habicht, in a memorandum to EPA staff (May
28, 1992), defined "pollution prevention" as being "source reduction" as defined under the
Pollution Prevention Act, which includes any practice which reduces release of pollutants prior
to recycling, treatment, or disposal. A few state programs, however, also include at least some
recycling within the scope of their pollution prevention programs.
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Program Elements
What activities contribute to integration of pollution prevention into regulatory
programs? Approaches are evolving, and vary widely from state, to state. The areas
summarized in the matrix and within individual state summaries reflect a wide range of current
projects and directions.
Legislation
Facility Planning
At least twenty states now require or promote pollution prevention planning for some of
the facilities subject to environmental regulation. In most (but not all) cases, planning
requirements are specifically established under state statute.
Other Pollution Prevention Legislation
Beyond facility planning requirements, pollution prevention legislation, in some states,
promotes multimedia coordination, mandates integration of databases to promote multimedia
pollution prevention, requires pollution prevention training for regulatory personnel, or requires
a state regulatory agency to make pollution prevention technical assistance referrals for
facilities found to be out of compliance. This category includes legislation involving integration
of pollution prevention into state regulatory programs. For the purposes of this report, this
category does not include authorizing legislation for non-regulatory technical assistance,
economic incentives or financial support for pollution prevention.
Permitting
Multimedia
A few states are exploring the possibility of writing permits which cover more than one
medium at once. By asking permit writers from more than one program to review a proposed
permit, or by asking the firm to consider its overall process with all of its impacts, the state
may reduce cross-media transfers and assist in ascertaining additional pollution prevention
opportunities.
Pollution Prevention
Whether or not permits are multimedia in scope, prevention approaches may be used
in the permitting process. For example, states may require firms to develop pollution
prevention plans for processes as part of the permit application package. As permit writers
become more sophisticated in their understanding of manufacturing processes, they can foster
a dialogue with applicants about prevention alternatives.
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Inspections
Multimedia
A few states have explored the possibility of multimedia inspections. These may
involve single-media inspectors trained to evaluate a facility with respect to all media concerns,
teams of inspectors with all the media specializations, inspectors with in-depth knowledge of ail
aspects of a particular industry, or some combination of these approaches. Objectives of
multimedia inspections might be potential pollution prevention gains from evaluating all
aspects of a facility simultaneously, or efficient use of agency resources.
Pollution Prevention
This includes at least two types of activity: inspectors providing some form of pollution
prevention technology transfer, and inspectors making referrals to technical assistance
programs, either during the inspection or in follow-up. Such pollution prevention inspection
activities are sometimes done by individual media programs, and sometimes as part of a
multimedia inspection effort In some cases inspectors hand out brochures for the state's
technical assistance program, discuss the content of a site's waste minimization plan, or look
over facility pollution prevention plans. Or, with a notice of noncompliance, officials may make
a stronger referral to technical assistance or consulting services or even suggest developing
specific pollution prevention'options.
Enforcement
Multimedia
In some cases, settlements may involve multimedia requirements: Such requirements
are most likely where the enforcement action is based on multimedia inspections.
Pollution Prevention
Several states are using enforcement actions to encourage companies to use pollution
prevention to come into compliance. The primary goal is always to bring the firm into
compliance. Both officials and regulated entities are finding that pollution prevention can be an
effective long-term strategy, less likely to be inadequate in a few years, and less likely to cause
cross-media transfers, than are traditional abatement approaches. Settlements may include
either particular pollution prevention measures or specify the development of a waste-
reduction plan.
Data Integration
A few states have made data integration a goal; such data may be used to support
either pollution prevention technical assistance efforts and/or regulatory targeting, in addition
to uses of data for targeting technical assistance (which is beyond the scope of this paper),
data on chemical use, emissions or discharges, and compliance can be overlaid to gain a more
accurate picture of a facility's operations and to identify any gaps. Historically, trie use of
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separate databases tracking different information (perhaps even using different names for the
same -facility) has made it harder for people from different programs to coordinate their
activities with respect to a firm or site. Integration may take the form of development of a new
database which incorporates or cross-references older compliance databases. Some states
are now making innovative use of existing data to improve their overall program operations.
Facility-based databases represent a shift in the way that environmental regulators
think about regulated entities. Rather than a plant looking only like a set of stacks to an air
quality inspector, or only a wastewater outfall to a water permit writer, or only a generation and
storage area to a hazardous waste inspector, the plant becomes an entire facility which exists
to make one or more products and happens to produce one or more byproduct or waste
streams incidental to making that primary product. By at least cross-referencing the various
data elements associated with a given facility, regulators make it easier to see the big picture
at a plant, and reduce the likelihood that a pollution prevention opportunity (or a stream that
should be reported) will be overlooked. Facility-based data management also supports efforts
to prevent cross-media transfers resulting from new regulations or enforcement actions.
Organization
Training
Several states have begun offering training to regulatory personnel on pollution
prevention. EPA HQ and Regions have assisted some states in providing training to
inspectors or permit writers. Training may focus on a particular industry and its processes, or
may more generally discuss pollution prevention thinking and how regulatory personnel can
•'begin to use ft.
Multimedia Workgroups
Short of (or instead of) restructuring, some agencies have established multimedia
workgroup processes to identify opportunities and clarify goals and objectives for multimedia
and pollution prevention approaches to meeting agency regulatory objectives.
Integration Strategy
Som« agencies have developed, often as a result of workgroup efforts, strategies for
integrating pollution prevention into their regulatory business. The development of a strategy
may preceda or follow pilot projects (in permitting, inspection, or enforcement) or training
programs.
Reorganization
In order to support these new approaches some agencies have undergone
restructuring, elevating the pollution prevention group or encouraging media programs to work
more closely together. In some cases, an agency might restructure functionally; for example,
all permit-writers might report to a single senior manager for permitting, rather than being
organized by media.
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ORGANIZATION OF THE REPORT
The report is arranged in the following format
o a chart summarizing, in the form of a matrix, the regulatory integration activities of the
states;
o explanatory information about particular state programs (organized by EPA Region);
and
o lists of contacts for state programs (by Region).
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Comments
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Regulatory Integration Activities, Region I
Explanatory Notes
CONNECTICUT
Legislation
General pollution prevention policy and philosophy were established by P.A. 91-376;
manufacturers may be required to use pollution prevention as the primary means of coming
into compliance with state regulations.
Permitting
DEP has been exploring permit conditions which promote pollution prevention.
Organization
A workgroup with representation from various media programs has recently been constituted,
and some internal pollution prevention training has been conducted. DEP has been
developing improved management practices for hazardous waste, and making regulatory
efforts to reduce packaging and toxic constituents in packaging. The Department's annual
strategic plan sets pollution prevention goals.
MAINE
Legislation
The 1992 Amendments to the Reduction of Toxics Use, Waste and Release Act establishes
the Office of Pollution Prevention within the Department of Environmental Protection. The
Office is to review Department programs and make recommendations to the Commissioner on
the integration of pollution prevention into its programs. In addition, the Office ensures that
Department rules, programs, and activities are consistent with and are not barriers to
prevention goals.
Organization
Maine has located an Office of Pollution Prevention (OPP) within the DEP to administer the
state's TUR Law and its Small Business Assistance (CAAA) Program, and to facilitate
Industry/DEP Pollution Prevention Teams in Total Quality Environmental Management (TQEM)
projects. The TUR staff (4) works with companies to help meet state mandated reduction
goals for hazardous waste, toxic release and use. TQEM Teams are underway at about 35
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companies. More companies are, waiting to get in as resources become available. Cross
training' of all DEP compliance -arid technical staff is helping to identify opportunities for
pollution prevention use in many areas of the program.
MASSACHUSETTS
Permitting • . / . ., '
A few multimedia permits have been issued by DEP throughout the state. The state-wide
permit coordinator is Deborah Gallagher (617-292-5572). Bill Lamkin is the director of the
Source Reduction Permit Project (SRPP) based in the Northeast Regional Office in Wobum.
The project will include evaluation of several different models for permitting facilities.
Inspection
It is now standard practice, for all regions statewide, for compliance inspections to be facility-
wide inspections including all relevant media inspections plus screening for unregistered waste
streams in all regulated media. By organizing the inspection report by production unit,
inspectors find it easier to articulate source reduction opportunities they have identified.
Inspectors provide some technology transfer during inspections and in follow-up
correspondence, and they make referrals to the Office of Technical Assistance (OTA) and the
Toxics Use Reduction Institute (TURIJ. In addition, multimedia workgroups composed of DEP
and EPA middle managers and senior field staff have been established to develop a facility-
wide inspection protocol and new EPA reporting criteria.
Enforcement
It is now routine statewide for enforcement actions to cite violations within more than one
program if such violations are found. Ordinarily these take the form of administrative actions.
DEP has also negotiated some multimedia consent orders. All enforcement routinely includes
referrals to OTA and TURI. Where inspectors have noticed pollution prevention opportunities,
they make suggestions in the NONs* cover letters. In some cases, DEP has required toxics
use reduction planning or has mitigated penalties if firms take actions which reduce toxics use.
Data Integration
The Massachusetts Facility Master File (FMF) cross-references all kinds of facility data cross-
media. TUR reporting information is included as a subset of this database. After October 1,
1993, the FMF wiJI be used to track and report compliance and enforcement accomplishment
data. In addition, DEP has integrated permit data on a system which develops timelines and
tracks statutory deadlines.
Organization
DEP's Source Reduction Policy Task Force, with representation from each of the media
programs, was formed in 19S7 to explore and develop source reduction options Since that
time, several ongoing advisory committees have been established to provide input from
stakeholders outside the Department. In February 1993, the Department reorganized the
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Bureau of Waste Prevention in order to support the facility-wide approach and to facilitate
integrating a prevention bias throughout industrial regulatory activities. The new organization
includes an Office of Program Integration and adopts functional (i.e., compliance/enforcement,
permitting) supervisory roles in addition to the media-based expertise and supervision. The
Office will write three-year workplans on how to implement toxics use reduction and integrate
cross-media approaches for compliance and enforcement, permitting, regulations and policy,
training, outreach, program planning, EPA accomplishment reporting and facility reporting.
Also, within the Bureau of Waste Prevention, the Department maintains a TUR program to
oversee implementation of TUR reporting and planning requirements.
NEW HAMPSHIRE
Organization
A multi-media task force with representation from each division has been meeting regularly
since June 1992. The group also includes invited participants from state-level OSHA, public
health, and the NH Business and Industry Association. The Assistant Commissioner attends
the monthly meetings. The group has drafted and adopted a statement of purpose and
objectives, and has also drafted a pollution prevention definition, which was adopted as DES
policy. Currently, the Task Force is drafting a pollution prevention strategy for the Department,
and is working on a project to incorporate pollution prevention into DES compliance activities.
The Task Force has also developed a list of potential regulatory barriers and is working with
EPA Region I on media grant flexibility. DES is also closely associated with the Northeast
States Pollution Prevention Roundtable.
In order to select candidate firms for pollution prevention outreach or possible multimedia
projects, the group is in the process of gathering targeting information from each of the
program offices and is currently considering ways to consolidate these approaches (some use
GIS-based data; others use information on generation and releases). DES has two very
limited multimedia databases in place; one for enforcement purposes, and the other a pilot
program for tracking waste generation, releases, and reductions.
RHODE ISLAND
Organization
DEM has expanded its nonregulatory technical assistance program with a PPIS grant intended
to demonstrate and evaluate the relative effect of regulatory, policy, and in-plant technical
assistance initiatives on source reduction practices in Rhode Island's textile industry. The
grant is supporting state efforts to expand and incorporate statewide pollution prevention
approaches into regulatory policy making and enforcement actions by state and local
authorities.
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VERMONT
Inspections
Some RCRA inspectors have been transferring technical information about pollution
prevention during the inspection process. A multimedia training for inspectors will be
scheduled soon. DEC has developed a multimedia inspection checklist, and is developing a
multimedia inspection pilot program.
Enforcement
DEC has allowed SEPs and used planning requirements in enforcement actions.
Organization
The Vermont DEC'S multimedia pollution prevention workgroup has drafted a charter and
defined terms for internal use. The workgroup is surveying each division which has regulatory
responsibility to discover what types of flexibility its regulations currently have, in order to
understand what would be required to undertake a whole-facility permitting or inspection
program. The survey, beyond gathering information, is intended to stimulate dialogue about
what the Department can do to promote pollution prevention through its regulatory actions.
CONTACTS
Connecticut
Dick Barlow or Mary Sherwin
Connecticut Department of Environmental Protection
Waste Management Bureau
165 Capitol Avenue
Hartford, Connecticut 06106
203-566-8476 (Dick); 203-566-5217 (Mary)
203-566-4924 FAX
Rita Lomasney*
Connecticut Technical Assistance Program
900 Asylum Avenue, Suite 360
Hartford, Connecticut 06105
203-241-0777
203-241-2017 FAX
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Maine
Ron Dyer, Michael Kuhns, or Ann Pistell
Office of Pollution Prevention
Department of Environmental Protection
State House Station #17
Augusta, ME 04333
207-287-2651
207-287-7826 FAX
Massachusetts
Suzi Peck or Lee Dillard
Toxic Use Reduction Act Implementation Team
Bureau of Waste Prevention
Massachusetts Department of Environmental Protection
1 Winter St., 7th Floor
Boston, MA 02018
617-556-1075; 617-292-5953
617-556-1049 FAX
New Hampshire ^
Stephanie D'Agostino, Vince Perelli, or Paul Lockwood
NH Department of Environmental Services
6 Hazen Drive
Concord, NH 03302-0095
603-271-3503
603-271-2867 or 271-2456 FAX
Rhode Island
Rich Enander
Rhode Island Department of Environmental Management
Office of Environmental Coordination
Hazardous Waste Reduction Section
83 Park St
Providence, Rl 02903-1037
401-277-3434
401-277-2591 FAX
Vermont
Doug Kievet-Kylar or Gary Gulka
Pollution Prevention Division
Vermont Department of Environmental Conservation
103 South Main St.
Waterbury, VT 05671-0401
802-241-3888
802-244-5141 FAX
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EPA Region I .
Abby Swaine or Mark Mahoney • .
EPA
JFK Federal Building
One Congress Street
Boston, MA 02203
617-565-4523 (Abby); 617-565-1155 (Mark)
617-565-3346 FAX
*RoundtabIe Board Member
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Regulatory Integration Activities, Region II
Explanatory Notes
NEW JERSEY
Legislation
The 1991 Pollution Prevention Act requires facilitiy-wide pollution prevention planning for
roughly 800 companies. The planning requirement includes three components: (1) pollution
prevention plans, (2) plan summaries, and (3) annual reports. The Act also requires that the
DEPE issue 10-15 facility-wide permits.
Permitting
As a pre-pilot of the whole-facility permitting and other requirements of the Act, Steve
Anderson has been working with three companies to develop whole-facility pollution prevention
plans and draft whole-facility permits to go with them. Permit teams will work on the additional
whole-facility permits as firms volunteer to participate.
Inspections
Under the County Environmental Health Act, DEPE has delegated minor air source inspections
to certified local health agencies. These inspectors have been cross-trained to notice violations
of hazardous waste and water regulations.
Enforcement
DEPE has begun coordinating enforcement actions across media, within the Facility Wide
Enforcement Division, and is developing a policy paper on pollution prevention and
enforcement.
Data Integration
DEPE's Office of Pollution Prevention is in the process of coordinating with the Right-to-Know
division (which tracks throughput data as part of NJ EPCRA submissions) to identify their joint
computer needs, which will include tracking the annual report data generated under the facility
planning law. Contact Shelley Heame at (609) 777-0518 for more information.
Organization
DEPE has reorganized functionally, so that (for example) all permitting programs report to one
senior manager, as do all enforcement programs. Multimedia workgroups include the permit
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teams which will work with the ten to fifteen facilities identified for the whole-facility permit
project. Permit-writers and inspectors have participated in pollution prevention training.
NEW YORK
Legislation
In addition to New York's facility planning law, which addresses hazardous waste generation,
DEC plans to use its statutory authority under the Environmental Conservation Law to require
facility planning for air and water releases. Their draft regulations were reviewed at public
hearings held in September 1993.
Permitting
As of April 1, 1993, DEC'S nine regions designated five to nine facilities (for a total of forty-
nine) to be targeted for whole-facility permits, inspections, and enforcement actions. The
targeted facilities represent more than 10% of the 400 facilities which generate over 95% of
the total hazardous waste generation and toxic air and water releases within New York. The
targeting criteria will include TRI and hazardous waste generation data, as well as location of
sensitive receptors, public concern, ongoing enforcement, and other factors.
Inspections
For the forty-nine facilities designated above, multimedia teams are designing and coordinating
comprehensive, in-depth inspections. In addition, DEC is developing training for inspectors so
that they are broadly, schooled in the other media for which they have not previously been
responsible. The first training agenda should be out into the field within a few months; more
in-depth material will be delivered next year. Inspectors will be acquainted with pollution
prevention planning requirements so that they can review the facility plans stored on-site as
part of their inspections.
Enforcement
Enforcement orders are comprehensive multi-media documents which promote pollution
prevention. Cross-media coordination already occurs.
Data Integration
DEC is designing (internally) a Corporate Data Model which will allow inspectors and permit
writers to pull up comprehensive information on facilities. They intend to include GIS
information in the system if they find it feasible to do so.
Organization
As of January 1993, DEC abolished the pollution prevention unit within the hazardous waste
division and established a pollution prevention unit which reports to the Deputy Commissioner
responsible for all media divisions. The Commissioner issued a memorandum providing
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guidance for multimedia coordination in each regional office and establishing the headquarters'
pollution prevention unit ("Organization and Delegation Memorandum ,#92-13 - Policy:
Pollution Reduction and Integrated Facility Management")- A second memo ("Organization
and Delegation memorandum #92-24 - Organization: Pollution Prevention Initiative") attached
a mission and goals statement for the group, workplan, and information on their culture change
project.
CONTACTS
New Jersey
Jeanne Herb, Director
New Jersey Office of Pollution Prevention
New Jersey Department of Environmental Protection and Energy
CN-402
401 E. State St.
Trenton, NJ 08625
609-777-0518
609-777-1330 FAX
New York
Bill Eberie or John lannotti
Pollution Prevention Unit
New York State Department of Environmental Conservation
50 Wolf Road
Albany, NY 12233
518-457-7267 (John); 518-457-2480 (Bill)
518-457-2570 FAX
EPA Region II
Janet Sapadin
USEPA
Jacob K. Javitz Federal Building
26 Federal Plaza
New York, NY 10278
212-264-1925
212-264-9695 FAX
Roundtable Board Member
Kevin Gashlin
Technical Assistance Program
NJ Institute of Technology
323 Martin Luther King Blvd., ATC Bldg.
Newark, NJ 07102
201-596-5864
201-596-6367 FAX
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Regulatory Integration Activities, Region III
Explanatory Notes
DELAWARE
Permitting
Delaware DNREC is exploring multimedia permitting: it will produce a multimedia permit which
has a pollution prevention focus by the close of 1994, for a facility that is a "major" source for
at least two media programs.
Inspections
DNREC has been conducting some multimedia inspections since 1988. These have been
conducted when concerns arise at a facility with respect to more than one media. They are
also triggered by timing - when permits in more than one medium are up for renewal, or when
new facilities require several individual permits.
Organization
DNREC has formed a task force under a PPIS grant designed to support integration and
institutionalization of pollution prevention into media specific regulatory programs. The entire
department has received pollution prevention training. (Rather than a headquarters/regional
structure, DNREC has a main office in Dover and two satellite field offices.)
MARYLAND
Enforcement
MDE has supported some multi-media compliance settlements; MDE's efforts have involved
teams from all media offices. There have also been settlements with pollution prevention
elements, under which fines have been mitigated for installation of pollution prevention
technologies or adoption of pollution prevention measures.
Organization
Genera] pollution prevention training for MDE staff began in the summer of 1993. MDE has a
Pollution Prevention Coordinator.
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PENNSYLVANIA
Permitting
Currently, DER is developing a plan for a pilot multi-media project. The Department is looking
at New Jersey's program as possible model. Generators seeking permits for waste disposal
facilities, or disposing of solid or hazardous, waste in off-site TSDFs, are required, by
regulation, to have pollution prevention facility plans.
Inspections
DER has conducted 6 multimedia inspections. There is also a pilot program in each regulatory
office to evaluate the possibility of more multimedia inspections and the potential for
incorporating pollution prevention options into the programs.
Organization
A Source Reduction Section was created in the fall of 1992; one of its roles is to discuss with
the media offices potential pollution prevention options for regulations currently under
development. An agency task force made up of all the programs is currently working on this.
Pollution prevention training was completed in October 1993. About 200 people at the various
regional offices were trained. In addition, DER has institutionalized a pollution prevention
component within the training academy for new field staff.
VIRGINIA
Legislation
The 1993 General Assembly passed a bill which establishes pollution prevention as the
environmental strategy of choice for the Commonwealth. The law also codifies the existing
pollution prevention technical assistance program, the Waste Reduction Assistance Program.
The legislation resulted from a legislative study committee convened in 1992 representing the
legislative and executive branches of government as well as industry and public interest
groups. The 1993 General Assembly authorized the study committee to continue its work
through 1993, and additional legislative initiatives could be developed.
Organization
As of April 1, 1993, Virginia has reorganized its environmental regulatory and planning
agencies into a single multimedia agency, the Department of Environmental Quality. One of
the primary goals of the new agency is pollution prevention. Work completed over the past
three years to promote pollution prevention (including staff training for approximately 300
employees) among the then-separate media agencies will continue within DEQ. The pollution
prevention program, formerly part of the Department of Waste Management, will be located
within the Division of Policy, Budget and Administration, but will have dose ties to staff within
the Division of Operations. WRAP will be working to institute a pollution prevention network of
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DEQ staff at both the headquarters and the seven regional offices within the next few months
that will have regular communication to facilitate/promote pollution prevention integration within
the agency and its clients. The network will eventually extend to other state agencies
responsible for pollution prevention initiatives, such as the Chesapeake Bay Local Assistant
Department and the Department of Conservation and Recreation, as well as regional and local
government agencies. Other activities planned for DEQ include training for inspectors permit
writers and enforcement/compliance staff (although there are already enforcement settlements
that include pollution prevention).
CONTACTS
Delaware
Philip Cherry* or Andrea Farrell
Delaware Department of Natural Resource's and Environmental Control (DE DNREC)
P.O. Box 1401
89 Kings Highway
Dover, DE 19903
302-739-6400
302-739-5060 FAX
District of Columbia
Nick Kauffman
Hazardous Waste Management Branch
DC Gov't Env. Reg. Admin.
2100 Martin Luther King Ave, SE
Suite 203
Washington, DC 20020
202-404-1167
202-404-1141 FAX
Maryland
Mitch McCalmon
Pollution Prevention Coordinator
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
410-631-4122
410-631-3936 FAX
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Pennsylvania
Meredith Hill
Asst. to Deputy Secretary
Office of Air & Waste Mgmt.
Pennsylvania Department of Environmental Resources
P.O. Box 2063
Harrisburg, Pa 17105-2063
717-787-7382
717-783-8965 FAX
Virginia
Sharon K. Baxter, Pollution Prevention Manager
David Timberline, Pollution Prevention Outreach Liaison
Department of Environmental Quality
11th Floor, Monroe Bldg.
101 North 14th St.
Richmond, VA 23219
804-371-8712 (Sharon); 804-371-8713 (David)
804-371-0193 FAX
West Virginia
Randy Huffman
Pollution Prevention and Open Dump Program
Waste Management Section
WV Dept. of Commerce, Labor, & Env'l Resources
1356 Hansford Street
Charleston, WV 25301
304-558-7763
304-558-0256 FAX
EPA Region III
Lorraine Urbiet
USEPA
841 Chestnut Building
Philadelphia, PA 19107
215-597-8327
215-597-7906 FAX
'Roundtable Board Member
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Regulatory Integration Activities, Region IV
Explanatory Notes
FLORIDA
Permitting
While not systematic, some successful efforts have been initiated to build pollution prevention
requirements into individual air, water, and hazardous waste permits. Air permits for the
combustion of solid waste will require a control standard that can meet with source segregation
(or separation at the facility) for heavy metals for waste to energy facilities. Some individual
hazardous waste permits have included closed-loop metals recycling and water reuse
requirements to reduce the volume of wastewater (and contaminants) discharged.
Inspections
In some districts, inspectors give regular referrals to the technical assistance staff. Joint
multimedia inspections have been proposed for the Tampa district, but have not yet occurred.
Some inspectors, hand out pollution prevention brochures. In addition, under a joint agreement
with the Florida Department of Environmental Regulation (DER), the Dade County Department
of Environmental Resources Management (DERM) is providing pollution prevention training for
all DERM inspectors - including all media programs.
Enforcement
Pollution prevention options or credits have been incorporated into some enforcement actions
on solid waste and hazardous waste; none for air yet; in water, there has been interest in
several of the districts. A Pollution Prevention Credit program (similar to the federal SEP) may
be applicable during enforcement actions for facilities participating in the 33/50 program.
Under the Dade County DERM program (above), pollution prevention audit requirements can
be incorporated into consent agreements.
Organization
Pollution prevention training has been provided for media specific program and enforcement
personnel. Training was provided under the RITTA program for inspectors, but the turnover
rate for inspectors is extremely high, so additional training is needed.
Under a cooperative agreement (above) between Florida DER and the Dade County DERM, all
inspectors are being provided pollution prevention training.
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GEORGIA
Legislation
Georgia has a facility planning law focused on hazardous waste reduction. Pending legislation
would establish an Office of Pollution Prevention Assistance to provide more formal support to
pollution prevention efforts within media programs, as well as technical assistance outreach to
businesses/facilities.
Permitting
Pollution prevention has been incorporated into permits, although not on a multimedia basis.
Inspections
During hazardous waste inspections, inspectors check to see whether the hazardous waste
reduction facility plans, required under Georgia legislation, are in place. Inspectors also ask to
see if the company has a pollution prevention policy statement. A pollution prevention
checklist is available for inspections, but again mostly for RCRA inspectors.
Enforcement
Each program office has done SEPs for pollution prevention, although not necessarily
multimedia.
Data Integration
There is a data management system which has been designed to integrate data formats,
although it is not as yet widely used for pollution prevention.
Organization
The Pollution Prevention Strategy Task Force, working with an outside advisory committee,
has written a final strategy for integration of pollution prevention into the state's media
regulatory programs. It builds on current organizational structure whereby, for each media
office, a single compliance officer (per facility) is responsible for permit writing, inspections,
and enforcement - a structure which facilitates building pollution prevention into the regulatory
framework. The strategy calls for pollution prevention training of the compliance officers, and
has recommendations for looking at things in a multimedia context The first steps, however,
might be within the individual program offices.
KENTUCKY
Inspections
Regulatory officials within the Kentucky Department of Environmental Protection designed and
conducted a pilot multimedia inspection project, with at least one multimedia inspection
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conducted by each of ten state regional offices. Inspectors participating in regional multimedia
pilot inspection projects promoted pollution prevention as the preferred compliance strategy
during their on-site work and in resulting notifications.
Enforcement
Kentucky DEP officials have included requirements for pollution prevention planning in
enforcement settlements with a few large facilities, and are considering including such
provisions more routinely.
Organization
All of the single media programs participated in the pilot coordination efforts. Each region
participated in the design of the project they conducted; the possibility for future pollution
prevention enforcement settlements and additional training is considered in strategic plans.
Kentucky DEP conducted pollution prevention training for regulatory personnel, followed by in-
house discussions as needed to complete the projects. The training focused primarily on
pollution prevention contextual issues rather than specific technologies.
NORTH CAROLINA
Legislation
North Carolina's legislation requires submission of any waste reduction plans as part of the
permit application. However, the reduction plan is not considered part of the permit application
and does not serve as the basis for the denial of a permit or permit modification.
Permitting
All water quality and air quality permit holders, or applicants for a new permit or permit
modification, must submit to the department a written description of current and projected
plans to reduce the discharge of waste and pollutants or to reduce the emission of air
contaminants under such a permit by source reduction or recycling. The written description
shall accompany the payment of the annual permit fee or the application for new or modified
permit Hazardous waste generation and operators of hazardous waste treatment facilities
which treat waste onsite are required to submit to the department a written description of any
program to minimize or reduce the volume and quantity or toxicity of such waste at the time of
the payment of the annual fee.
Inspections
The Department has provided training to all environmental field staff on pollution prevention
and they have additionally provided training to pretreatment coordinators on pollution
prevention to be used in their local compliance efforts.
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Data Integration
North Carolina's Department of Environment, Health, and Natural Resources has developed a
database which contains emissions and waste reduction data from a variety of sources to
facilitate waste reduction assessment by the North Carolina Pollution Prevention Program.
The objective of this project is to integrate multi-media environmental release data into other
state-wide waste reduction efforts including technical assistance, training, grants research
and demonstrated efforts of hazardous waste reduction.
The database contains information from the following five individual databases:
1. SARA 313 Toxics Release Inventory;
2. North Carolina State Annual Report on Hazardous Waste Generation;
3. Airs Facility Subsystem Air Quality data;
4. National PoHutant Discharge Elimination System data;
5. North Carolina Pretreatment data.
Currently, this database is used by North Carolina's Office of Waste Reduction to determine
various multi-media waste releases by industries in preparation for site visits and technical
assistance. Ongoing projects utilizing this data include using the data to assist industries in
waste reduction plans, and evaluating the toxicologies! factors versus the risk factors of
various chemicals in me database and directing technical assistance efforts towards the
reduction of those chemicals. This database will also be used as a basis for targeting problem
sectors (e.g., SICs, geographic regions, company sizes), and allocating funding, resources,
and technical assistance.
MISSISSIPPI
Data Integration
A TRI database currently being developed for the state by the technical assistance program
will be provided to the regulatory program to assist in developing andVor targeting regulatory
activities.
Organization
This upcoming year, the Waste Reduction technical assistance program will be doing 4
enforcement training programs for the regulatory staff to make them aware of what pollution
prevention is and how to get out-of-compliance facilities in touch with technical assistance.
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CONTACTS :
Alabama
Dan Cooper or Gary Ellis
Alabama Dept of Environmental Management
1751 Congressman William L. Dickinson Drive
Montgomery, AL 36130
205-260-2782 (Gary); 205-260-2783 (Dan)
205-260-2795 FAX
Florida
Janeth Campbell*
Director
Pollution Prevention-Waste Reduction Assistance Program (P2-WRAP)
Florida Department of Environmental Protection
2600 Blair Stone Road
Tallahassee, FL 32399-2400
904-488-0300
904-922-4939 FAX
Georgia
Bob Donaghue
Assistant Division Director for Pollution Prevention
David Word
Hazardous Waste Authority
. Georgia DNR/EPD
4244 International Parkway, Suite 104
Atlanta, GA 30354
404-651-5120 (Bob); 404-656-4713 (David)
404-651-5778 FAX
Kentucky
Russ Bamett or Hannah Helm
Kentucky Department for Environmental Protection
18 Reilly Road
Frankfort, KY 40601
502-564-2150
502-564-4245 FAX
Mississippi
Tom Whitten or Chris Bowen
Mississippi Comprehensive Waste Reduction/Waste Minimization Program
Mississippi Department of Environmental Quality
P.O. Box 10385
Jackson, MS 39289-0385
601-961-5241
601-354-6612 FAX
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North Carolina
Gary Hunt
North Carolina Office of Waste Reduction
Mail- P.O. Box 27687
Raleigh, NC 27611
Street- 3825 Barrett Drive
Raleigh, NC 27609
919-571-4100
919-571-4135 FAX
South Carolina
Bob Burgess, Jeff deBossonet, or Ray Guerrin
South Carolina Department of Health and Environmental Control
Center for Waste Minimization
2600 Bull St.
Columbia, SC 29201
803-734-4715
803-734-5199 FAX
Tennessee
Angle Pitcock
Pollution Prevention/Environmental Awareness Division
Department of Environment and Conservation
14th floor, L&C Tower
Nashville, TN 37243-0454
615-532-0736
615-532-0231 FAX
EPA Region IV
Carol Monell
Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, GA 30365
404-347-7109
404-347-1043 FAX
•Roundtable Board Member
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Regulatory Integration Activities, Region V
Explanatory Notes
ILLINOIS
Legislation
Pollution prevention is well established in Illinois statutes as the preferred means of
environmental protection; facility planning is considered a key aspect of implementing pollution
prevention solutions to these environmental problems. Facilities pollution prevention planning
is generally voluntary in Illinois. Pollution prevention will be suggested in enforcement
settlements, in circumstances for which it is appropriate.
* -
The Pollution Prevention initiative is well founded in two key statutes of the State of Illinois, the
Toxic Pollution Prevention Act of 1989 (TPPA) and the Illinois Pollution Prevention Act of 1992
(IPPA). Copies are available from the Illinois EPA.
Permitting
Multimedia coordination has" been in effect for several years; expedited multimedia review of
pollution prevention proposals and settlements involving pollution prevention is in the
implementation phase. Some pollution prevention projects have been implemented. All
permits issued for hazardous waste generators include as a condition: "All permittees shall
certify at least annually that the permittee has a program in place to reduce the volume and
toxicity of hazardous waste that he/she generates to the degree determined by the permittee
to be economically practicable and the proposed method of treatment, storage, or disposal is
that practicable method currently available tot he permittee which minimized the present and
future threat to human health and the environment..."
Inspections
Coordinated inspections have been carried out by Illinois EPA inspectors for several years;
planning for multimedia inspections for pollution prevention possibilities is in the
implementation phase. Planning for multimedia, on-site assistance inspections has
progressed and pilot projects are scheduled.
Enforcement
Multimedia enforcement actions and settlement agreements have been operational for several
years; planning for multimedia inspections for pollution prevention possibilities is in the
implementation phase.
Planning for expedited multimedia review of settlements involving pollution prevention is in the
implementation phase; some projects involving pollution prevention have been incorporated
into enforcement settlement agreements.
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Data Integration
Some SARA and RCRA data are utilized to prioritize and initiate contacts with companies;
much additional coordination and use of data is planned for the near future.
Organization
All Agency technical staff have had an initial training session; planning for a 5-element training
program for staff is well underway.
t
Multimedia inspection and permitting coordination has been operational for several years;
planning for expedited multimedia review of pollution prevention proposals and settlements
involving pollution prevention is in the implementation phase of development. A Pollution
Prevention Manual for Field and Permit staff is being developed which describes the
integration of pollution prevention into media programs.
No reorganization is being considered nor is reorganization anticipated to accomplish the full
implementation of pollution prevention into Agency programs.
INDIANA
Legislation
House Enrolled Act No. 1412, enacted by the General Assembly (1993) of the State of Indiana
orders that pollution prevention may not be mandated by document, manual, policy or rules
which would require businesses to practice pollution prevention or by means of permit
conditions, enforcement actions, or other departmental actions. This does not apply to
authority granted under federal law. Notwithstanding, the Department of Environmental
Management shall present pollution prevention as an option to businesses in permit
conditions, enforcement actions, or other departmental actions.
Organization
In May of 1993, the Indiana Department of Environmental Management (IDEM), decided to
embark on a comprehensive pollution prevention training program for staff. A $100,000 grant
to the Environmental Management Institute through Indiana University funded the project
According to the grant agreement, the project should have begun on June 1, 1992 and ended
two years later on May 30, 1994. However, the agreement was not formally approved by the
State until June 18, and notice was not provided to the Institute until June 30, 1992. Despite
the delay, the Environmental Management Institute committed to complying with the original
schedule.
This training was designed by the Environmental Management Institute to assist IDEM staff to
encourage the regulated community to make the shift from pollution control and treatment to
pollution prevention, to incorporate prevention concepts into management decisions, and to
ensure consistent prevention applications in multimedia environmental programs.
IDEM appointed a Pollution Prevention Training Workgroup with representatives from each
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office directly affected to guide the program. This group meets on a bi-monthly basis to
determine training needs, provide guidance to the three phases of this program, and to discuss
cross-media issues. The initial phase of the training program consisted of a survey by the
Environmental Management Institute of similar programs in other states, followed by
development and implementation of actual training sessions.
The project accomplishments to date include: .
• Development of the "Pollution Prevention: Indiana's Choice for Environmental
Protection," coursebook;
• Phase I (awareness) training for a total of 617 staff (470 technical and 147 non-
technical) was completed in April 1993;
• Continued course refinement to meet present and future needs;
• Excellent evaluation response rates and overall ranking by staff;
• Compilation of ideas from staff oh various aspects of pollution prevention;
• Planning for continued Phase II (technical-industrial) and Phase III (function-
specific) pollution prevention training.
1 i *'
MICHIGAN
•Permitting
Michigan is planning on evaluating permits issued in the future to determine whether pollution
prevention activities can be incorporated into facility specific requirements. This evaluation will
be taking place throughout all media programs. - ,
Inspections
In the hazardous waste program, inspectors are currently evaluating a generator's pollution
prevention program during the inspection and are making appropriate referrals to the technical
assistance program. Plans are being made to move this type of activity into other media
programs.
Enforcement
Settlement of enforcement actions routinely includes discussion of a pollution prevention offset
to penalties in the solid and hazardous waste programs. Plans are underway to incorporate
pollution prevention settlements into the other media programs. There is also a concerted
effort to undertake multimedia enforcement cases in the state. While the driving force for this
consolidation of efforts has not been pollution prevention, it is planned that promoting pollution
prevention settlements in the individual media programs will change the focus of the
multimedia enforcement activities to pollution prevention as well.
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Organfzation
Grant money has been requested to undertake focused multimedia training for all DNR
inspectors, permit writers, and enforcement specialists.
Planning is underway to convene a multimedia workgroup to discuss integration of pollution
prevention into all media programs.
It is expected that an integration strategy will be the final output from the multimedia
workgroup.
MINNESOTA
Legislation
Under the 1990 Toxic Pollution Prevention Act, all TRI reporters are required to prepare plans
for eliminating or reducing the generation or release of toxic pollutants. The 1993 legislature
expanded the types of facilities required to plan pollution prevention and report progress. The
Minnesota Pollution Control Agency (MPCA) reviews annual progress reports, and may review
facility plans under certain circumstances.
Inspections
The Minnesota Pollution Control Agency (MPCA) has conducted a pilot multimedia inspection
and enforcement project, known as the Lake Superior Partnership (LSP), with EPA support
Teams of inspectors from the MPCA media programs and from the Western Lake Superior
Sanitary District (which has responsibility for wastewater and solid waste management in
Dulutfi and its suburbs) have jointly conducted a series of multimedia inspections for a range
of facilities which discharge to the District With the end of federal funding for the project, it
has been scaled down to six major-facility (permits in more than two media programs)
inspections each year, utilizing regional inspection staff.
Another multimedia/pollution prevention compliance inspection has been initiated in the
Minnesota River Basin area, utilizing regional inspection staff.
Enforcement
During the Lake Superior Partnership inspections, all enforcement actions, at least initially,
were coordinated among divisions. This coordination resulted in some multi-program NOVs or
Letters of Warning. This wUI be continued, when appropriate, in the Minnesota River Basin
project
Multi-program enforcement actions are routinely pursued by program staff, where they are
appropriate. Enforcement instruments routinely include requirements to submit public versions
of pollution prevention plans. Negotiants are encouraged to propose pollution prevention
projects as part of enforcement instruments.
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Data Integration ,.;.' •
MPCA is developing a new multi-program integrated database called Project Delta. This
database will integrate all compliance data and has been funded by the state legislature.
Organization
In MPCA, a pollution prevention staff team meets twice each month to discuss multimedia
inspection and permitting possibilities. Some training of regulatory personnel, including some
inspectors from each of the media programs, has been initiated within MPCA.
OHIO
Legislation
Legislation passed in 1992 requires underground injection facilities to prepare waste
minimization plans for industrial wastes generated at these facilities.
Permitting
Pollution prevention plans are required for both hazardous waste TSDFs and underground
injection well permits.
Enforcement
Pollution prevention requirements have been incorporated in some environmental enforcement
cases. Pollution prevention related conditions in settlements allow projects that reduce waste
and emissions beyond levels required through pollution regulations, and may include reduced
penalties where a facility will develop a pollution prevention plan or install source reduction
processes. Waste minimization/pollution prevention provisions have been most used in
settlements involving hazardous waste, but have also been used in cases involving water
pollution (particularly under the pretreatment program) and air pollution. Ohio EPA has
developed a tracking system, and is making an effort to evaluate the results of such
settlements.
Organization
Pollution prevention training for Ohio EPA staff has focused on contextual issues, and on what
staff can do about prevention in their jobs now - for example, advocating that they promote
prevention or make referrals to technical assistance.
Ohio EPA is in the process of developing a multimedia pollution prevention strategy, which is
intended to encompass the full range of agency activities. An initial draft has already been
completed, and a final draft is expected later in the year.
The Governor announced the formation of a Pollution Prevention Development Workgroup in
1991; the Workgroup has the responsibility of formulating and coordinating pollution
30
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prevention activities involving both state government agencies and business. Within Ohio
EPA, all divisions have been directed to work with the Office of Pollution Prevention in
developing agency pollution prevention strategy, and to designate responsible staff.
WISCONSIN
Legislation
Wisconsin's pollution prevention law does not mandate pollution prevention facility planning. A
separate law requires waste reduction planning for medical waste.
Wisconsin's Pollution Prevention Law (1989 Wisconsin Act 325) establishes the framework for
its Pollution Prevention Program. The law establishes a basis for promoting pollution
prevention, drawing on the strengths of three agencies. The Wisconsin Department of Natural
Resources through its Office of Pollution Prevention coordinates DNR's activities with other
agencies and the public creating a focus for multimedia policy development, training staff, and
identifying pollution prevention reporting and environmental needs. The University of
Wisconsin Extension provides education, training, and technical assistance for pollution
prevention. The Wisconsin Department of Development provides waste reduction audit
grants.
Permitting
A pilot effort involving the development of a standard facility description that can be used by
individual permitting programs is being started.
Industrial wastewater discharge permits that have permit limits for toxics have waste
minimization studies incorporated into their compliance schedules. Municipalities with
pretreatment programs submit annual reports which include a summary of pollution prevention
plans. Many Wisconsin TSD licenses incorporate standard RCRA waste minimization
certification language. Pollution prevention strategies are evaluated where feasible, during the
air permit review process.
Inspections
The Agency encourages multimedia inspections when appropriate. Several of DNR's district
offices have begun coordinating inspections for selected facilities. A pilot effort in DNR's
Southeast District is working to merge hazardous waste and pretreatment inspection forms for
multimedia inspections. Approximately 15 to 20% of the inspections conducted in SE
Wisconsin are multimedia.
Hazardous waste, wastewater and other media program staff promote pollution prevention
during inspections by handing out publications and encouraging companies to make use of
Wisconsin's pollution prevention technical assistance programs. Hazardous waste inspection
forms include several questions on waste minimization.
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Enforcement .
The DNR's Office of Environmental Enforcement services all media programs. While most
enforcement cases are' single media, multimedia enforcement cases have been undertaken at
selected facilities.
The hazardous waste management program developed guidance for inspection followup for
hazardous waste minimization certification and inclusion of pollution prevention and recycling
provision in enforcement settlements. DNR's Southeast District's pilot effort for incorporating
pollution prevention into enforcement conferences has been adopted in several other areas of
the state. The attorney general included pollution prevention stipulations in 8 of 44
enforcement cases in FY1993.
Data Integration
Over 10 years ago, the Department established a common facility identification code. The
code is included in all media databases and the Agency's data system can easily identify
environmental quality permits that apply to a facility. A pilot project builds on this capability
and has developed an integrated toxics data report that includes information from TRI,
hazardous waste, air, and waste water programs. The pilot project is evaluating options for
making these type of retrievals more readily available to agency staff.
Organization
Most DNR environmental qualify staff received basic awareness pollution prevention training in
1991 or 1992. A full day pollution prevention training session was held for all air management
staff in 1993. Most hazardous waste inspection staff have attended two or more days of
' pollution prevention training or workshops in the past several years.
DNR has an inter-program Pollution Prevention Advisory Committee (PPAC) that helps
coordinate Agency pollution prevention activities. In addition, cross-media work groups and
technology teams are routinely set up to address cross media issues in the Agency. Current
groups include a Pulp and Paper Technology Team that is participating in a Pollution
Prevention Partnership project between the pulp and paper industry and the Wisconsin DNR; a
small business committee; and a group working on a pilot project to test the feasibility and
value of coordinating individual regulatory programs' technical assistance, and permitting and
compliance activities in Southeast Wisconsin. DNR Environmental Administrators have regular
retreats to encourage discussion of cross-program issues such as pollution prevention.
In 1992, the Department developed a Pollution Prevention Implementation Plan that identifies
activities that each program and regional office is undertaking to promote pollution prevention
and integrate it into its ongoing regulatory program. Pollution prevention and toxics waste
reduction has been one of the DNR Secretary's strategic objectives in the past several years.
The concept of waste reduction and pollution prevention have also been incorporated into the
Division for Environmental Quality's Strategic Plan and in the strategic plans of each of the
individual media programs.
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No reorganization is anticipated at this time. The Office of Pollution Prevention serves a
coordinating function for pollution prevention activities undertaken by individual media
program.
CONTACTS
Illinois
Keri Luly, Mike Hayes, or Thomas Wallin
Office of Pollution Prevention
Director's Office
Illinois Environmental Protection Agency
2200 Churchhill Road
P.O. Box 19276
Springfield, IL 62794-9276
217-524-1846 (Keri); 217-785-0833 (Mike); 217-782-8700 (Thomas)
217-524-4959 FAX
Indiana
Tom Neltner or Charles Sullivan
Office of Pollution Prevention and Technical Assistance
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box6015
Indianapolis, IN 46206-6015
317-232-8172
317-232-8564 FAX
Michigan
Kimberiy Paksi
Michigan Office of Waste Reduction Services
P.O. Box 30004
Lansing, Ml 48909
517-373-1871
517-335-4729 FAX
Minnesota
EricKilberg
Minnesota Pollution Control Agency
520 Lafayette Road
StPaul, MN 55155
612-296-8643
612-297-8676 FAX
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Ohio
Tony Sasson or Mike Kelley
Office of Pollution Prevention
Ohio Environmental Protection Agency
P.O. Box 1049,1800 WaterMark Drive
Columbus, Ohio 43266-0149
614-644-3469
614-644-2329 FAX
Wisconsin
Ken Wiesner, Director of the Office Pollution Prevention
Lynn Persson*. Hazardous Waste Minimization Coordinator
Wisconsin Department of Natural Resources
Box7921,101 South Webster Street
Madison Wl 53707-7921
608-267-9700 (Ken) or 608-267-3763 (Lynn)
608-267-5231 (Ken) or 608-267-2768 (Lynn) FAX
EPA Region V
Cathy Allen
EPA
77 West Jackson Blvd.
Chicago, IL 60604-3507
312-886-2910
312-353-5374 FAX
*Roundtabie Board Member
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Regulatory Integration Activities, Region VI
Explanatory Notes
LOUISIANA
Enforcement
The Department of Environmental Quality is developing a policy (and model settlement
agreement) for supplemental environmental projects (SEPs) designed to promote incorporation
of waste reduction and pollution prevention into enforcement settlements. Many of the
guidelines on use of SEPs are based on EPA's SEP policy.
Organization
Pollution prevention training is being provided for RCRA inspectors.
OKLAHOMA
Organization
The process of implementing an intra-agency pollution prevention training program for media-
specific inspectors and permitting staff has been initiated. Further work to develop this
program is on-going.
The Pollution Prevention Workgroup is a multimedia workgroup, composed of members
working in the air, water, and solid and hazardous waste programs. This workgroup planned
and presented the first statewide pollution prevention conference, and has plans for two
additional 1993 conferences. The workgroup also has been very active in initiating pollution
prevention projects, such as the generation of state-specific pollution prevention literature and
the initiation of a statewide voluntary toxics reduction program - Target '98.
On July 1,1993 many of the state's environmental programs, including the pollution prevention
program, were consolidated under the Department of Environmental Quality. The pollution
prevention program was placed into a non-regulatory setting as part of a highly visible, service-
oriented division called the Customer Assistance Program.
TEXAS
Legislation
The Waste Reduction Policy Act of 1991 requires facility planning for both RCRA and TRI
reporters.
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Permitting
The Texas Water Commission (TWO) Has written permits, mostly in the RCRA program, which
incorporate pollution prevention requirements. While considering New Jersey-type multimedia
permitting, current pollution prevention permitting is single medium.
Inspections
Field operations use a checklist for RCRA inspections which includes some waste minimization
types of questions. Beginning in January 1994, inspectors will verify that pollution prevention
plans are in place. Inspectors will not be judging the adequacy of the plans, but will be looking
at whether actions are being started.
Enforcement
TWO incorporates pollution prevention into settlements on a case-by-case basis. Several
have been written; most are multimedia focused. Currently, TWC is developing Supplemental
Environmental Projects (SEPs) in which out-of-compliance facilities perform a pollution
prevention project in leiu of an administrative penalty for violation.
Data Integration
TWC has developed a data management system that would allow integrated use of TRI and
RCRA hazardous waste data elements; also trying to build in other media data links (air,
water).
Organization
TWC has done both internal and external training; internal targeted to inspectors and
permitting staff; external targeted to certain industries.
The Waste Reduction Advisory Committee (including industry and academics) helped develop
an implementation strategy for the facility planning law. One subcommittee of the WRAC is
the Annual Reporting Workgroup which focuses on annual pollution prevention reporting.
The 72nd legislature created an Office of Pollution Prevention in the Texas Water Commission
(TWC) in order to give pollution prevention high visibility. This office reports to the Executive
Directors across all media programs. TWC and the Air Control Board have now merged into a
single agency called Texas Natural Resource Conservation Commission; hope is that
reorganization will promote multimedia approach to pollution prevention.
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CONTACTS
Arkansas
Robert Finn or Alfred Drinkwater
Hazardous Waste Division
Arkansas Department of Pollution Prevention and Ecology
P.O. Box8913
Little Rock, Arkansas 72219-8913
501-570-2861 (Robert); 501-682-7325 (Alfred)
501-682-7341 FAX
Louisiana
Gary Johnson or Jim FrUoux
Louisiana DEQ
P.O. Box 82263
Baton Rouge, LA 70884
504-765-0720
504-765-0742 FAX
New Mexico
Alex Puglist or Dick Vackers
Municipal Water Pollution Prevention Program
Facility Operations Section, Surface Water Quality Bureau
New Mexico Environment Department
1190 St Francis Dr.
P.O. Box26110
Santa Fe, NM 87502
505-827-2799
505-827-2836 FAX
Marilyn Brown
Solid Waste Bureau
New Mexico Environment Department
1190 St Francis Drive
Santa Fe, NM 87502
505-827-0197
505-827-2836 FAX
Oklahoma
Dianne Wiikins or Chad CUbum
Hazardous Waste Management Service-0205
Oklahoma State Department of Health
1000 NE 10th St
Oklahoma City, OK 73117-1299
405-271-5338
405-271-8425 FAX
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Texas
Ken Zarker or Patti Everitt*
Office of Pollution Prevention
Texas Water Commission (TWC)
P.O. Box 13087
Austin, TX 78711-3087
512-475-4580
512-475-4599 FAX
EPA Region VI
DtckWatkins
EPA
First Interstate Bank Tower at Fountain Place
1445 Ross Avenue 12th Floor Suite 1200
Dallas, TX 75202-2733
214-655-6580
214-655-2146 FAX
*Roundtable Board Member
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Regulatory Integration Activities, Region VII
Explanatory Notes
IOWA
Legislation
The Iowa legislature has passed voluntary facility planning legislation but has not funded the
program to implement it.
Permitting
Permit writers have required waste reduction planning as part of the application review
process. Some permit writers and inspectors have been trained on pollution prevention
principles.
Inspections
Inspectors provide referrals to Iowa's technical assistance programs for large and small
businesses; they also encourage pollution prevention approaches, and where they are familiar
with the technologies, may suggest alternatives. They do not recommend particular solutions.
Organization
The state of Iowa has received a grant which will fund pollution prevention training of
personnel working for the Environmental Protection Division.
KANSAS
Permitting
To date, KDHE has not issued any multimedia permits, but the department is exploring both
multimedia permitting and the incorporation of pollution prevention provisions into permits.
Language in the current Kansas hazardous waste, solid waste and air quality statutes
encourages pollution prevention.
Inspections
Inspectors make referrals to technical assistance programs. They also promote pollution
prevention workshops.
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Data Integration .
KDHE is in the process of designing an integrated data management system that will allow it to
evaluate a facility with regard to all permits issued, compliance status and any pending or
existing enforcement action.
Organization
KDHE recently designated one FTE to direct the Office of Pollution Prevention - outside the
media-specific regulatory programs. The primary goal of this office is to plan and coordinate
the statewide pollution prevention program with emphasis directed toward incorporating
pollution prevention concepts into existing regulatory activities such as rule-making,
enforcement and the permitting process. A departmental pollution prevention task force and
an advisory task force will be formed to address issues and concerns that arise with the
integration of pollution prevention activities into the regulatory process. KDHE employees
have been trained on pollution prevention under RITTA and PPIS.
NEBRASKA
Inspections
RCRA inspectors have assisted in providing waste minimization technical assistance. The air
and water programs are exploring way* inspectors can promote pollution prevention. The
various inspection programs are currently doing coordinated multimedia inspections.
'Data Integration
DEQ is assessing and coordinating data needs as it explores the value of an integrated data
management system which incorporates or accesses air, water, hazardous waste, and
TRI/Right-to-Know data.
Organization
DEQ is planning training for Compliance inspections. Within the next 2-3 year timeframe, DEQ
will be developing video and other training materials, available to both staff and industry.
DEQ is also planning on putting together multimedia teams to spread the word about pollution
prevention in their respective programs.
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CONTACTS
Iowa
Tom Blewett or Teresa Hay
Waste Management Authority Division
Iowa Dept. of Natural Resources
Wallace State Office Building
Des Moines, IA 50319
515-281-8941
515-281-8895 FAX
Kansas
Theresa Hodges
KS Dept of Health and Environment
Forbes Field
Building 740
Topeka, KS 66620-0001
913-296-6603
913-296-6247 FAX
Missouri
June Sullens
Waste Management Program (WMP)
Missouri Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102
314-751-3176 *
314-751-7869 FAX
Steve Mahfood or Tom Welch
Environmental Improvement and Energy Resources Authority (El ERA)
Missouri Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102
314-751-4919
314-635-3486 FAX
Nebraska
TeriSwarts
Hazardous Waste Section
Nebraska Department of Environmental Quality
120ON Street
The Atrium Building
Suite #400
Lincoln, NE 68509
402-471-4217
402-471-2909 FAX
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EPA Region VII
Steve Wurtz or Alan Wehmeyer
EPA
726 Minnesota Avenue
Kansas City, KS 66101
913-551-7336
913-551-7063 FAX
Roundtable Board Member
Richard Yoder
Lincoln/Lancaster County Heallth Department
2200 St Mary's Avenue
Lincoln, Nebraska 68502
402-441-8145
402-441-8323 FAX
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Regulatory Integration Activities, Region VIII
Explanatory Notes
COLORADO
Legislation
Under the 1992 state Pollution Prevention Act, pollution prevention is the environmental
management tool of first choice. The Pollution Prevention Advisory Board (created by the Act
and appointed by the Governor) will determine how to implement this mandate. The bill raises
money from EPCRA reporters to support a public outreach and technical assistance grants
program.
Permitting
The Colorado Department of Health has had pollution prevention sections incorporated in
some RCRA permits, and new permits are now required to have pollution prevention sections.
At the local government level, requirements for pollution prevention planning have been
incorporated into individual zoning permits.
Inspections
Some targeted multimedia inspections have been carried out.
Enforcement
A policy has been developed in the hazardous waste division allowing reduction of fines where
expenditures are made to achieve compliance through pollution prevention initiatives.
Organization
The current program plan focuses on integrating pollution prevention into other regulatory
programs and building a multimedia pollution prevention effort involving both all the media
programs within the Department of Health and relevant programs in other agencies. An
advisory board supports planning and implementation of pollution prevention initiatives. Some
pollution prevention training has been provided for regulatory staff, particularly for POTW
operators.
NORTH DAKOTA
Inspections
The Department conducts multimedia inspections on an "as needed" basis; formal pollution
prevention has not been the motivating factor.
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Enforcement
The. Department conducts formal ..multimedia enforcement actions on an "as needed" basis;
again, pollution prevention is not the primary motivator.
Organization
EPA Region VIII assisted in training regulatory personnel on pollution prevention. The
Department recently conducted a multimedia inspection training session. The training was at
the orientation level and pollution prevention principles were not addressed perse.
SOUTH DAKOTA
Permitting
Possible pollution prevention approaches and requirements are being incorporated (or
considered for incorporation) into existing permitting regulations.
Inspections
Pollution prevention approaches being informally included in inspection procedures.
Enforcement
Use of enforcement activities to encourage pollution prevention being explored. Additional
pollution prevention awareness will be encouraged in future legislation. ,
Organization
Training was assisted by Region VIII. integration strategy is in the works. The goal of the
current PPIS-funded project is to establish a statewide, multimedia pollution prevention
program which identifies, integrates and expands existing pollution prevention and related
state programs into a formal, coordinated, sustained statewide pollution prevention program.
UTAH
inspections
Part of the current internal planning effort at DEQ is consideration of promoting multimedia
inspections.
Enforcement
DEQ has had a few projects where pollution prevention, either single medium or multimedia,
has been part of the settlement agreement.
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Organization
DEQ is providing pollution prevention training to regulatory staff, either through coordinators or
consultants.
There is an internal DEQ roundtable, which includes representatives from each of the agency's
divisions, which is responsible for developing departmental pollution prevention goals. DEQ
senior managers had a retreat in June of 1993 in which one of the major topics was the scope
of the pollution prevention effort.
DEQ conducts pre-design conferences for businesses considering location in Utah. The
purpose of the conferences is to inform businesses about Utah environmental regulations.
The meetings are multi-media and include pollution prevention issues.
WYOMING
Permitting
Pollution prevention integration into permitting activities is on an informal basis, with the
support of the new pollution prevention program.
Inspections
Pollution prevention integration into inspections and related compliance activities is on an
informal basis.
Enforcement
Integration of pollution prevention concepts and approaches into enforcement actions is on an
informal basis.
Organization
Personnel received pollution prevention training with Region VIII support. Integration strategy
is currently under development.
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CONTACTS
Colorado
John Wright
Office of the Environment
Colorado Department of Health
4300 Cherry Creek Drive South
Denver, CO 80222-1530
303-692-3009
303-782-4969 FAX
Montana
Dan Fraser
Dept. of Health & Environmental Sciences
RmA-206
Cogswell Bldg.
Helena, MT 59620
406-444-2406
406-444-1374 FAX
North Dakota
Jeffrey L. Burgess
Environmental Health Section
ND Dept of Health & Consolidated Laboratories
1200 Missouri Ave. Rm 201
Bismarck, ND 58502
701-221-5150
701-221-5200 FAX
South Dakota
Wayne Houtcooper
Dept of Environmental & Natural Resources
Joe Foss Bldg
523 E Capitol
Pierre, SD 57501-3181
605-773-4216
605-773-6035 FAX
Utah
Sonja Wallace or Stephanie Bemkopf
Dept of Environmental Quality
168 N1950W
Salt Lake City, UT 84114-4810
801-536-4480
801-538-6016
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Wyoming
Pat Gallagher*
Solid Waste Management Program
Department of Environmental Quality
122 West 25th Street
Cheyenne, WY 82002
307-777-7752
307-777-5973 FAX
EPA Region VIII
Don Patton
999 18th Street Suite 500
Denver, CO 80202-2405
303-293-1456
303-293-1198 FAX
*Roundtable Board Member
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Permitting .
Pollution prevention requirements are being incorporated into a diverse array of state and local
permits. At the state level, the Department of Toxic Substances Control (DISC) has guidance
for permit writers for hazardous waste facilities instructing them to look at pollution prevention
facility planning documents (SB14) during the permitting process; if there are elements in the
plan which have not been implemented, an effort should be made to include them as permit
requirements. Similarly, some of the state's regional water quality boards have incorporated
waste minimization requirements into NPDES permits. Because of high concentrations of
heavy metals, the San Francisco Bay Regional Water Quality Board identified target sources
for waste reduction and feasible waste minimization technologies and measures, and provided
estimates of the program's costs both to the POTWs in the San Francisco area and to targeted
sources. The Board has issued permits to the POTWs requiring that the pilot waste
minimization programs:
• be tailored to address the targeted industrial sector(s),
• establish best management practices and waste minimization alternatives for
the targeted industries, and
• require waste minimization plans in response to industry violations and as a
condition of permitting for new permit applicants.
In response to these requirements, three POTWs (Palo Alto, San Jose/Santa Clara, and
Sunnyvale) identified specific sources of heavy metal problems, and established discharge
requirements for permittees which included specific pollution prevention measures and/or
planning requirements.
In another local program, the Orange County Sanitation Districts established waste
minimization requirements for permittees, including mass emission rate and water flow limits.
Permittees must develop plans to both conserve water and to utilize waste minimization
approaches for reducing releases of pollutants to the sewers.
While specific pollution prevention requirements are not stipulated in air permits, many of the
new air permit requirements are so stringent that they can only be met by substitution or
product change, and many of the recommended emission reduction approaches do involve
pollution prevention measures.
Inspections
A focus on pollution prevention opportunities has been incorporated into many state and local
programs. DTSC inspectors have a checklist which includes pollution prevention elements,
including questions on whether the facility has a pollution prevention facility plan. In addition,
inspectors may recommend consideration of specific pollution prevention options, either
verbally or in writing.
Many local health department and POTW inspectors have checklists which include pollution
prevention elements, and/or are trained either to include pollution prevention elements in the
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provide pollution prevention advice, or to supply the facility with technical brochures or
information. For example, the Los Angeles County Sanitation Districts has pollution prevention
checklists for many of the types of facilities which they inspect. Similar activities are carried
out by hazardous waste inspectors for the Alameda County Department of Environmental
Health and the Los Angeles County Fire Department.
, Enforcement
Pollution prevention elements have been included both in settlements of state hazardous
waste non-compliance enforcement actions and in POTW settlements with indirect
dischargers. The largest single example is the 1988 consent agreement between DISC and
Texaco; $3.95 million of the total $8.95 million penalty was to be used for a waste reduction
audit, and for implementation of some of the measures identified as beneficial in the audit.
Orange County Sanitation District provides an example of incorporation of pollution prevention
requirements into enforcement actions by POTWs. As part of the enforcement requirement, a
company may be required to carry out a pollution prevention assessment, and then to carry out
those actions which are shown to be economically feasible.
Organization -
All of California's state regulatory programs are now included under the umbrella of the
recently-formed California EPA; the formation of this organization has superseded the previous
multimedia state agency roundtable. The Office of Pollution Prevention and Technology
Development in the Department of Toxic Substances Control (DTSC - a regulatory agency
which is part of California EPA) is responsible for enforcing requirements and reviewing plans
under the SB14 facility planning requirements. It has also worked to provide regulatory
incentives for generators of incinerable hazardous wastes to voluntarily adopt waste reduction
plans for those wastes (e.g., guarantees of expedited permit reviews).
Multimedia pollution prevention training has been provided to many state and local agency
regulatory personnel. Some of this training was supported by a federal grant, and coordinated
through the Local Government Commission, a non-profit organization providing support for
numerous intergovernmental efforts throughout the state.
Below the state level, DTSC has supported the development of local pollution prevention
efforts with a PPIS grant which has been used to establish local roundtables to provide a role
in coordinating and promoting pollution prevention efforts involving the various local
government agencies with environmental responsibilities within the regions. These local
efforts include the whole gamut of activities from education and technical assistance to
permitting and enforcement The first of the local roundtables to be formed (in 1988) is now
called the Southern California Pollution Prevention Committee, and includes agencies from
Santa Barbara through San Diego. Two additional committees have also been established -
the Bay Area Hazardous Waste Reduction Committee, including agencies in the area of San
Francisco, and the Central Valley Hazardous Waste Minimization Committee, which includes
agencies in the area surrounding and including Sacramento. A Consortium of California
Pollution Prevention Committees serves both to coordinate the efforts of the regional
committees, and to link them to the California EPA. .v
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