EPA/100/B-96/002
United State*
Environmental Protector
Agency
EPA/100-8-96-002
May 1996
Office of the Administrator
Reinvention
Resource
Binder
A Resource Guide of
Up-to-Date Information
on EPA Reinvention
Initiatives
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EPA Regulatory Reinvention Resource Binder
Table of Contents
I. Reinvention Overview
Reinvention Mission Statement
Reinvention Fact Sheet
Reinvention Overview
Reinvention Advisory Group
n. Talking Points about EPA's Reinvention Activities
^ HI. Key Stakeholder Groups. Concerns and Messages
;! Small Business
§
IV. Reinvention Success Stories
N-
V. Reinvention Activity fact sheets
}
\ FLEXIBILITY FOR RESULTS
-J Using innovation and flexibility to achieve better environmental results
Agency-wide Project XL 1 1
i. Common Sense Initiative 1.2
Community-Based Environmental Protection 1.3
Industrial Communities Project 1 4
Great Lakes Printer's Project 1.5
Sustainable Industries Project 1.6
Environmental Technology Initiative 1.7
Statutory Integrati on Proj ect 1.8
Water Effluent Trading in Watersheds 1 10
Air Open Market Air Emissions Trading 1.20
Waste Brownfields 1.30
Toxics/Pesticides Design for the Environment - Green Chemistry Challenge 1.40
PARTNERSHIPS
Increasing community participation and use of partnerships to achieve goals
Communities Compliance Incentives for Small Communities 2.1
Expanded Use of Risk Assessment in Communities 2.2
Sustainable Development Challenge Grants 2 3
Partnerships Flexible Funding for States & Tribes 210
Putting Customers First 2.11
Regulatory Negotiation and Consensus-Based Rulemakmg 2 12
Wastewise 2.13
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33/50 2.14
Information Center for Environmental Information and Statistics 2.20
Environmental Forecasting 2.21
Public Electronic Access 2.22
Environmental Accounting Project 2.23
Consumer Labeling Initiative 2.24
Goals National Environmental Goals Project 2.30
Government Performance and Results Act 2.31
FACILITATING COMPLIANCE
Making it easier for business to comply with environmental laws
Enforcement/ Compliance Incentives for Small Business 3.1
Compliance Small Business Compliance Assistance Centers 3.2
Environmental Leadership Program 3.3
Flexible Compliance Agreements for Certain Industries 3.4
Incentives for Auditing, Disclosure and Correction 3.5
Risk-Based Enforcement 3.6
Toxics/Pesticides Self-Certification of Pesticide Product Registrations 3 10
CUTTING RED TAPE
Reducing paperwork and cutting red tape
Agency-wide One-Stop Emission Reports 4 1
Reduction of Paperwork Burden 4.2
Electronic Data Transfer 4.3
Permits Improvement Team 4.4
Multi-Media Permitting 4.5
Water Refocus Drinking Water Requirements 4.10
Simplify Water Permit Paperwork 4.11
Reinventing Effluent Guidelines 4.12
Reinventing Storm Water Permitting 4.13
Air Consolidated Federal Air Rule 4 20
Flexible, Streamlined Air Permits 4 21
Simplify Review of New Air Pollution Sources 4.22
Toxics Pesticides Exempt Low-Risk Pesticides from Regulation 430
Exempt Low-Risk Toxics from Regulation 4 31
Reinventing PCB Disposal Regulations 432
Waste Refocus RCRA on High-Risk Wastes 4 40
State/Tnbal Flexibility for Municipal Landfill Permits 4 41
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Reinvention Mission Statement
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention
philosophy is to focus on improved environmental results, allowing flexibility in how
results are achieved; to share information and decision-making with all stakeholders; to
create incentives for compliance with environmental- requirements; and to lessen the
burden of complying with environmental requirements. Through reinvention, EPA is
improving me way that it protects public health and the environment so that America
can enjoy continued environmental improvement at reasonable cost
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United States
Environmental Protection
Agency
Office of the Administrator
Publication: 100-F-96-003
May1996
&EPA Reinvention
(Regulatory Reinvention Team)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying with
environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the environment
so that America can enjoy continued environmental improvement at reasonable cost.
Background: The American people are deeply committed to
having clean air to breath, clean water to drink, a safe food
supply and safe places to live, work and play for themselves
and for future generations. EPA is committed to helping
achieve those goals, and doing so in as cost effective a
manner as is possible. The environmental success of EPA's
first 25 years are all around us - better quality air and
water mean a safer environment and healthier ecosystems
in many parts of the country. Serious environmental
problems remain, however.
Description: Reinvention initiatives at EPA incorporate all
four principles of the Agency's reinvention philosophy:
• Focusing on Environmental Results — EPA is
providing regulated entities flexibility to decide how they
best can meet environmental standards, gearing the
creativity of American industry toward finding cleaner,
cheaper, smarter ways of protecting public health and
environment. For example, the Common Sense Initiative
is looking for better solutions to environmental problems
across industry sectors; Project XL is testing innovative
strategies to achieve superior environmental results as an
alternative to current regulatory requirements; and the air
and water offices are expanding opportunities for pollutant
trading to lower costs and create incentives for better
environmental results.
• Sharing Decision-MaMng - EPA, acting as a
convener, a source of assistance and information, and a
facilitator, is encouraging all stakeholders to take part in
environmental decisions that affect them. For example.
EPA's relationship with States is changing to allow states
with strong environmental programs have more flexibility
to meet environmental goals and enjoy reduced federal
oversight. EPA's Brownfields program is enabling states,
cities and municipalities to work together to clean up and
return abandoned industrial wastelands to productive use.
Because information is key to sound environmental
decision-making, EPA is making environmental
information more easily (and electronically) available.
• Providing Compliance Assistance and Incentives —
EPA is aggressrvery seeking opportunities and mechanisms
to provide compliance assistance to regulated entities. This
includes the establishment of four sector specific
compliance assistance centers for small businesses. EPA is
changing its enforcement policies to address the capabilities
of small businesses and small communities to comply and
to provide incentives to companies who can fully meet
regulatory requirements, to go beyond to take an active role
in assuring compliance.
• Eliminating Unnecessary Paperwork Burdens — EPA
is reducing the paperwork burden environmental programs
place on the regulated community where that can be done
while still protecting public health and the environment
The Agency has eliminated 10 million hours of paperwork
burden in the past year, and intends to eliminate another 10
million hours by the end of the year.
Next Steps: The activities mentioned here are only a few
among those that embody the four principles of EPA's
reinvention philosophy. EPA will:
• Continue to make substantive progress on over 25 high-
pnority actions identified in the President's and Vice
President's March 16, 1995, Reinventing Environmental
Regulation, which put forth an agenda for change at
EPA.
• Continuously look for and implement smarter, less
costly ways to ensure a cleaner environment.
EPA is seeking to work in partnership with all Americans
in this effort — we all hold a stake in continued
improvement to public health and the environment
EPA contact- Jay Benforado 202/260-4255
e-mail: benforado.jay@epamatl.epa.gov
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Reinvention Overview Exerpt from:
"REINVENTING ENVIRONMENTAL REGULATION"
CLINTON ADMINISTRATION REGULATORY REFORM INITIATIVES
Reinventing Environmental Regulation
President Bill Clinton
Vice President Al Gore
March 16,1995
OVERVIEW
"Do we need more common sense and fairness in our regulations? You bet we do. But we can have
common sense and still provide safe drinking water. We can have fairness and still clean up toxic waste
dumps. And we ought to do it."
President Clinton
State of the Union Address; January 24, 1995
Introduction
We are in the midst of a critical transitional period for our nation's environmental policy. The
modem era of environmental protection began in 1970 with the first Earth Day, the passage of landmark
legislation, and the creation of the Environmental Protection Agency. We have accomplished much in 25
years to protect the health of our people and preserve natural treasures for future generations. But much
remains to be done.
It is time to draw upon the lessons we have learned over the last 25 years to reinvent environmental
protection for the 21 st century. We have learned that the American people are deeply committed to a healthy
environment for their children and communities. We have learned that pollution is often a sign of economic
inefficiency and business can improve profits by preventing it. We have learned that better decisions result
from a collaborative process with people working together, than from an adversarial one that pits them
against each other. And we have learned that regulations that provide flexibility - but require accountability -
can provide greater protection at a lower cost.
The American people expect and deserve clean air to breathe, clean water to drink, a safe food supply
and safe places to live, work and play for themselves and for future generations. The Clinton/Gore
Administration is committed to providing that protection in a common sense, cost effective manner.
This report contains a comprehensive set of 25 High Priority Actions that will substantially improve
the existing regulatory system, and take significant steps toward a new and better environmental management
svstem for the 21st centurv.
Reinvention Overview - page 1
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25 Years of Progress
Since the first Earth Day almost 25 years ago, the American people have enjoyed dramatic
improvements in public health, worker safety, and the natural environment We have taken lead out of
gasoline and paint. We have virtually eliminated direct discharge of raw sewage into the nation's water. We
have banned DDT and other dangerous and persistent pesticides. Because of these and other actions, lead
levels in the average American's bloodstream have dropped by 25 percent since 1976, millions of Americans
can now fish and swim in formerly polluted waters, and the bald eagle - once close to extinction - has been
removed from the list of endangered species. Improvements in the quality of our air, water, and land
represent investments in the future that will pay dividends for generations to come.
But, for all the progress we have made, serious environmental problems remain. Examples include:
* Forty percent of our rivers and lakes still do not fully meet water quality standards;
* 54 million Americans - one in five - still live in areas where the air does not meet public health
standards; and
* We are witnessing increases of asthma, breast cancer and other illnesses that may be related to
environmental pollution.
It is clear that we have not finished the job. We must build on the successes of the past to construct a
framework for continued success in the future.
Many of the successes achieved thus far have been based on "end-of-the-pipe," "command-and-
control" approaches. Under this system, Federal and state governments have set standards, issued permits for
pollutant discharges, and then inspected, monitored and enforced the standards set for each environmental
statute. By regulating emission sources to the air, water, and land, we have addressed many of the obvious
environmental problems.
But as we achieved these successes, we learned a great deal about the limitations of "command-and-
control." Prescriptive regulations can be inflexible, resulting in costly actions that defy common sense by
requiring greater costs for smaller returns. This approach can discourage technological innovation that can
lower the costs of regulation or achieve environmental benefits beyond compliance. Prescriptive regulation is
often less effective in addressing some of the more diffuse sources of pollution that we will face in the years
ahead.
We have seen both the value and the limitations of "command-and-control" regulation and end-of-
pipe strategies. They will remain possible policy options to be chosen if they are the most efficient, effective
- or only - solutions to future environmental problems. But we also know that we must expand available
policy tools to include new and innovative ways to achieve greater levels of environment protection at a lower
cost.
For example, we have learned that setting "performance standards" and allowing the regulated
community to find the best way to meet them can get results cheaper and quicker - and cleaner - than
mandating design standards or specific technologies. We can promote both lower-cost environmental
protection and innovation in pollution control and prevention technology. Using performance standards along
with economic incentives encourages innovation. The lowest-cost and most effective strategies earn a greater
return in the marketplace. Accountability and responsibility must accompany this increased flexibility so our
citizens have confidence that our environmental goals are. in fact, being met.
Reinvention Overview - page 2
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We have also learned that a healthy environment and a healthy economy go hand-in-hand This
growing awareness is demonstrated by the strong support that the concept of sustainable development has
received from both industry and environmentalists across the country and around the World Our economic
and our environmental goals must be mutually reinforcing to produce jobs and environmental quality.
We have learned that the adversarial approach that has often characterized our environmental system
precludes opportunities for creative solutions that a more collaborative system might encourage. When
decisionmaking is shared, people can bridge differences, find common ground, and identify new solutions.
To reinvent environmental protection, we must first build trust among traditional adversaries.
We have certainly learned that Washington, D.C. is not the source of all the answers. There is
growing support for sharing decisionmaking by shifting more authority - and responsibility - from the Federal
government to states, tribes and local communities.
Drawing upon the lessons of the last 25 years, the Clinton/ Gore Administration is committed to
reinventing our environmental protection system. This is a positive effort to build upon the strengths of the
current system, while overcoming its limitations. We will reform the system, not undermine it We will bring
people together in support of reform, rather than further polarizing a debate that has been polarized for too
long already.
In tackling this challenge, we are guided by a commitment to the progress of the last 25 years, a
version for the next 25 years, a set of 10 principles, and the knowledge that the American people want
common sense protection of public health and the environment
A Vision for the Next 25 Years
We envision a 21st century America hi which healthy and economically secure people breath clean
air, drink clean water, eat safe food, and live, work and play in clean and safe communities.
We envision a 21st century America in which economic incentives, environmental incentives, and
technological innovation are aligned so that economic growth improves - rather man diminishes -
environmental quality.
In the next century, environmental protection must be driven by clear and measurable national goals.
Economic, environmental, and social goals must be integrated so policies are mutually supportive, not
conflicting. Performance will be measured by achieving real results in the real world not simply by adhering
to procedures.
We must set environmental standards with full public participatioa We must encourage innovation
by providing flexibility with an industry-by-industry, place-by-place approach to achieving standards,
building on the work begun in the Common Sense Initiative. But we will require accountability that such
standards be met. Rather than focusing on pollutant-by-pollutant approaches, attention must shift to
integrated strategies for whole facilities, whole economic sectors, and whole communities.
We must employ an inclusive decisionmaking process that will provide states, tribes, communities,
businesses and individual citizens the opportunity to participate, hi particular, low-income and minority
citizens must have a meaningful voice in decisions that affect their lives. But in addition to providing
opportunity, we must encourage individuals, businesses, and governments to accept their responsibility for
environmental stewardship.
Reinvention Overview - page 3
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The power of information will be critical to the success of this new system. Better information will
allow businesses to identify and eliminate inefficiencies that create pollution and reduce profits. Better
information will enable government to avoid "one size fits all" approaches and efficiently tailor solutions to
problems. Better information will allow citizens to participate effectively in decisions that affect their
families and communities.
This new management system will require everyone to accept new roles and responsibilities.
Individuals will have new responsibilities as consumers and as participants in local decisionmaking.
Businesses will make environmental protection a strategic consideration that will be designed into their
products and services, not considered after the fact State, tribal, and local governments will serve as full
partners in the development and implementation of policies to achieve national goals. EPA will become a
partner providing information and research to empower local decision-makers.
Reinvention Yes, Rollback No
How do we attain this vision of the future? The 25 High Priority Actions assembled in this report
provide the road map to reach our vision. The first set of Actions, listed under the heading "Improvements to
the Current System," are examples of immediate steps to fix problems associated with today's regulatory
structure. Additional actions will be identified in a June 1 report to the President following a comprehensive
review of all existing regulations. It will recommend eliminating obsolete or unnecessary requirements.
But we can't be satisfied with simply improving elements of a regulatory system that has evolved
piece-by-piece over 25 years. By implementing the second set of Actions included under the heading
"Building Blocks for a New System," we will provide the flexibility to test alternative strategies to achieve
environmental goals. The most notable of these initiatives is Project XL (page 14). This program will give a
limited number of responsible companies the opportunity to demonstrate excellence and leadership. They
will be given the flexibility to develop alternative strategies that will replace current regulatory requirements,
while producing even greater environmental benefits.
The Clinton/Gore Administration is committed to reinventing environmental protection so it will
protect more and cost less. But we are not starting from scratch. In the last two years, the Administration has
made tremendous progress in adopting common sense reforms to our environmental regulatory system (See
Appendix C). We have spearheaded a new, cleaner, cheaper and smarter direction for environmental
protection, hi the year ahead, we will continue our progress through the ambitious agenda contained in this
report
But let no one misunderstand us. Our effort to reinvent environmental regulation does not imply
compromise on the public health and environmental protection goals to be achieved. While increased
flexibility is a central principle of our reinvention effort, flexibility is not a codeword for loophole. Those
who abuse this new flexibility will find the traditional tools still at hand to enforce the law.
The American people, in poll after poll, cite their determination to achieve high standards of
environmental quality. This Administration shares that commitment We will oppose those who would
undercut protection of public health and the environment under the guise of "regulatory relief." America does
not need dirtier air or dirtier water. The historic protection we have achieved over the last 25 years must be
maintained, sustaining the promise of a clean and healthy environment that has been made and renewed by
almost every President since Teddy Roosevelt We will work with the new Congress whenever possible, but
we will not go backwards. Reinvention yes, rollback no.
Reinvention Overview - page 4
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10 Principles for Reinventing Environmental Protection
1. Protecting public health and the environment are important national goals, and individuals,
businesses and government must take responsibility for the impact of their actions.
2. Regulation must be designed to achieve environmental goals in a manner that minimizes costs to
individuals, businesses, and other levels of government
3. Environmental regulations must be performance-based, providing maximum flexibility in the means
of achieving our environmental goals, but requiring accountability for the results.
4. Preventing pollution, not just controlling or cleaning it up, is preferred.
5. Market incentives should be used to achieve environmental goals, whenever appropriate.
6. Environmental regulation should be based on the science and economics, subject to expert and public
scrutiny, and grounded in values Americans share.
7. Government regulations must be understandable to those who are affected by them.
8. Decisionmaking should be collaborative, not adversarial, and decision makers must inform and
involve those who must live with the decisions.
9. Federal, state, tribal and local governments must work as partners to achieve common environmental
goals, with non-federal partners taking the lead when appropriate.
10. No citizen should be subjected to unjust or disproportionate environmental impacts.
Reinvention Overview - page 5
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3/20/96
PROTECTION
Talking Points
• This is a time of tremendous change at EPA
• In the 25 - almost 26 years since the first Earth Day, EPA has had impressive success in
improving public health and the environment - but serious environmental problems
remain.
• To address these problems the Clinton/Gore Administration is reinventing EPA to create a
framework for the future that:
builds on the successes of the past
but explores new more innovative, common sense approaches for the future
that continue to improve environmental quality
but cost less and create less burden..
• Reinvention began when the Clinton Administration took office. Early achievements
include:
Reorganizing the enforcement office and adding a vigorous compliance assistance
function to an already strong enforcement function.
The establishment of The Common Sense Initiative to look for better solutions to
environmental problems across industry sectors.
Reaching out to include stakeholders in Agency decisions including regulatory and
permitting decisions.
• One year ago, on March 16, 1996, the President and Vice President issued a report,
Reinventing Environmental Regulation which put forth this administration's agenda for
change and 25 priority actions that will test new ideas and will improve the environmental
regulatory system.
• Reinvention at EPA is more than a collection of projects. It is a coherent philosophy that
sets out a new direction for EPA.
• There are four themes to reinvention at EPA: regulating for environmental results, sharing
decision making, encouraging compliance, and reducing paperwork burdens. Let me
explain each in turn.
• Regulating for Environmental Results - Not dictating how results are achieved.
Providing regulated entities flexibility to decide how they best can achieve results.
Stimulating the creativity of American industry to find innovative solutions to
environmental problems that are cleaner, cheaper, and smarter.
Reinvention talking points — page 1
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Examples:
* Project XL, to test innovative strategies to achieve superior environmental result
as an alternative to current regulatory requirements.
* Use of marketable trading systems for air and water pollution sources which will
potentially save billions of dollars and create incentives for better environmental
results.
* Putting an end to the requirement that wastes that have been treated so that they
are no longer hazardous comply with hazardous waste laws - saving industry
hundreds of millions of dollars that are now spent for no environmental benefit.
Building Partnerships - A reinvented EPA is aware that it alone does not have all the
answers. State and local governments, environmental and community groups, and
business all have a role in environmental protection. EPA is encouraging all stakeholders
in environmental decisions to take part in environmental decisions that affect them.
• EPA supports the role of stakeholders in environmental decisions acting as a
convener, source of assistance, facilitator, and
• Furthermore, EPA is making information more readily available so that players in
environmental decisions have the tools for environmental decisions making.
Examples:
* a changed relationship with states so that strong state environmental programs
have more flexibility to meet environmental goals. States that are willing to
measure success in environmental terms, share the results with the public, and
conduct in-depth self-assessments will be play a much stronger role in setting
priorities and shifting resources, and will receive reduced federal oversight.
* Because information is key to sound environmental decision making, EPA is
making information that it has more accessible on the Internet with a redesigned
and remarkably popular Home Page.
* Aggressively implementing the Clinton/Gore Administration policy of talking to
those who have a stake in regulations before writing them, using a broad array of
mechanisms such as public meetings, electronic access, focus groups, and round
table discussions to better understand the needs of the citizens before regulating.
* EPA's Brownfields program is enabling states, cities and municipalities around
the country to clean up and return abandoned industrial wastelands to productive
use.
Providing Compliance Assistance and Incentives - EPA recognizes that most people
want to comply with environmental regulations. EPA's regulations are complex and some
violations occur because people do not understand what is required or do not have the
resources to fully comply. This is particularly true of small business and small local
governments.
Reinvention talking points — page 2
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Example:
* EPA has instituted established assistance centers for four small business-
dominated industries - metal finishing, printing, fanning, and auto repair
industries — support state and local agencies and trade associations in providing
compliance assistance to regulated entities. These centers will provide:
- "plain English" guides to regulations affecting each of these industries;
- Information to help identify low-cost compliance and pollution prevention
strategies;
- and assistance in consolidating reporting and reducing paperwork
All four centers have been funded. The centers serving the printing and
agriculture industries are currently delivering services.
* The Small Communities Compliance Incentives policy encourages states to help
communities identify all of their environmental compliance needs, prioritize
among them, and then place communities on a schedule to correct all of their
environmental violations. The policy promotes increased compliance:
- by allowing communities to focus on their worst environmental problems first,
and
by assuring them that asking for help need not result in the assessment of a
penalty.
* The Small Business Compliance Incentives Interim Policy sets forth conditions
under which EPA will waive or mitigate penalties or refrain from initialing an
enforcement action seeking civil penalties
- when a small business makes a good faith effort to comply with environmental
requirements.
- small businesses that are getting compliance assistance form EPA or a State
program so long as the violation is not criminal and does not create a serious
environmental threat..
• And EPA is providing incentives to companies who can fully meet regulatory
requirements, to go beyond to take an active role in assuring compliance.
Examples:
* Environmental Leadership Program (HIP) designed to demonstrate innovative
approaches to establishing and assuring compliance with environmental
requirements.
The projects test a range of activities including implementation of
environmental management systems, third party audits and self-certification
for compliance, and development of environmental performance information
to share with nearby communities.
- The results of this pilot phase will help shape the framework and criteria for
establishing a full-scale ELP.
* EPA announced in December 1995 a final policy to encourage Self-Policing. The
Policy provides reduced penalties for companies that set up voluntary systems to
Reinvention talking points — page 3
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prevent and discover violations, and to disclose and self-correct any violations
they discover.
• Eliminating Paperwork Burdens — EPA seeks to reduce the paperwork burden that
environmental programs place on the regulated community while guaranteeing the
protections to public health and the environment that EPA envisions and the regulations
require.
Examples:
* EPA has, in the last year, eliminated 10 million hours of paperwork burden. By
the end of the year, EPA intends to eliminate another 10 million hours of
paperwork burden.
* EPA has begun to allow regulated entities the opportunity to file reports to the
Agency electronically.
• Reinvention is an ongoing process. The examples I have mentioned are only that. But
they represent substantial progress in making fundamental changes at EPA.
• Changes does not happen in an instant. Reinvention at EPA is a continuous process and
will take continued effort.
• EPA wants to work in partnership with all Americans because we all have a stake in
continued improvement to public health and the environment.
Reinvention talking points — page 4
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FredHansen
Deputy Administrator, U.S. Environmental Protection Agency
Testimony Before Senate Appropriations Committee
Reinvention at EPA
Prepared for Delivery
February 29, 1996
I want to thank the members of this subcommittee, in particular Chairman Bond and
Senator Mikulski, for inviting me to testify on a question of critical importance to our
environmental and economic future. The question, simply stated, is this: how shall we
improve the system used to protect human health and the environment in this country, so that
it generates more benefits for all Americans while imposing less cost? There can be little
doubt that such improvements are necessary; they are being called for by voices across the
political spectrum. Indeed, the members of this subcommittee have shown national leadership
on this issue by, among other things, requesting the recent study by the National Academy of
Public Administration (NAPA) and by supporting EPA's reinvention efforts. Administrator
Carol Browner and I are grateful for your leadership, interest, and support.
Over the past 25 years the American system of environmental safeguards has been
remarkably successful. Millions of Americans are breathing cleaner air. Hundreds of toxic
dump sites have been cleaned up. We've banned DDT. We've protected millions of children
from lead poisoning. Waste streams of all kinds are shrinking even as our population and our
economy continue to grow. The American people are justifiably proud of this record of
achievement.
Yet, as we all recognize, there is much more to do, and the current system may not be
best suited to do it. Our environmental challenges in the future will be different, and more
complicated, than those in the past. While we work to preserve the progress of the past - by
properly maintaining our wastewater systems, for example ~ we have to prepare for new
problems, like endocrine disrupters, that we see on the horizon.
Administrator Browner and I concur with the widely-held view that, despite a quarter
century of progress, environmental policy in general and EPA activities in particular must
evolve to meet the evolving needs of the 21st century. In fact, President Clinton initiated a
program of comprehensive change at EPA with the National Performance Review and
Rp.invp.nting Environmental Rp.giilatinn (March 16, 1995). The NAPA report provides a useful
framework for reviewing the Administration's reinvention initiatives at EPA.
EPA today is in the midst of fundamental reassessment and change. We are working to
change the way the Agency accomplishes its mission. The mission itself is clear; choosing the
best tools to complete that mission, and adapting those tools over time to meet changing
circumstances, are the challenges we face today.
Reinvention Testimony — page 1
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EPA has and will continue to lead the effort to improve its regulatory, scientific, and
analytical foundations, the effectiveness of its management systems, the responsiveness of its
organizational structure, and its working relationships with states, local governments,
environmentalists, community-based groups, and the business community. But the kind of
sweeping change that the President contemplates, and that the American public expects,
requires the participation of all stakeholders. It also necessitates a reexamination of and
potential changes to the statutory underpinnings of our current system. Continued
Congressional interest in and support for the evolution of our nation's approach to protecting
public health and the environment is critical.
For the past three years EPA has been rethinking its operations across the board in
order to reduce complexity, paperwork, and cost to industry, yet without compromising
national public health and environmental goals or continued progress toward those goals.
Our task is complicated by the fact that, to have a maximally effective system to protect
public health and the environment, change at EPA cannot be unilateral; it has to be
accompanied by simultaneous and corresponding change in state and local governments and
businesses. Moreover, even as we build a new system, we continue to use — and improve —
aspects of the existing system, so that environmental safeguards are not diminished during the
process of change.
We have made noteworthy progress. We have initiated a series of individual projects
that are testing the components of a new environmental system, and those projects are
beginning to generate cleaner, cheaper, and smarter ways of protecting public health and the
environment. We have designed a management system that will help integrate and evaluate
innovative approaches across the Agency. We are changing the way we work with our
partners in state and local governments, and we are developing new, more cooperative
relationships with the private sector. We are beginning to examine a range of options for
legislative refinements that will accelerate the pace of change and institutionalize it.
Our key accomplishments to date can be summarized in the context of the NAPA
recommendations, most of which fall under three broad categories: 1) setting environmental
priorities; 2) developing new, results-oriented partnerships with stakeholders; and 3)
redesigning EPA's management and accountability system.
• SKITING FNVTRnNMFNTAT. PRTOKTTTES
The NAPA report adds to a chorus of voices calling for EPA to recast its role and
redefine its statutory mission by establishing clear, consistent environmental priorities. At the
same time, NAPA asserts that "EPA is hobbled by overly prescriptive statutes," and
recommends that EPA present to Congress our proposal for an integrated environmental statute
Reinvention Testimony — page 2
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that would, among other things, allow the Agency to set priorities and integrate programs
across environmental media.
EPA has established an internal workgroup on statutory integration that is analyzing the
current legislative framework and identifying opportunities where cross-media integration
would improve the Agency's flexibility and effectiveness. That group is coordinating its work
with several external projects underway or proposed, most notably the Enterprise for the
Environment Initiative planned by NAPA and the Center for Strategic and International
Studies (CSIS). EPA's current workplan calls for an initial product this summer, although the
schedule may be adjusted based on the need to coordinate efforts and solicit broad-based
stakeholder input.
It is important to note that the Agency is looking broadly at the issue of legislative
integration. While EPA will examine options for structuring a whole new unified
environmental law, we believe it is also fruitful to look at other mechanisms to better integrate
existing laws. In short, we are working to expand the range of alternatives for integrating
Agency efforts across programs and environmental media to allow for cleaner, cheaper,
smarter solutions to public health and environmental problems.
EPA recently completed a comprehensive review of how we allocate resources to the
highest priority human health and environmental concerns, and the results of that review are
described in rinmmnn Sanse Priorities! Setting the Agenda at FTP A (June 16, 1995). As that
report describes, EPA currently sets priorities using a range of factors, including legal
mandates, court-ordered and legislative deadlines, relative risks, programmatic costs and
benefits, technological availability, public preferences, and the feasibility of success. As
discussed in Managing for Results, a report that EPA recently completed in response to a
request from Senators Bond and Mikulski, we are poised today to greatly improve this system.
While relative risk is only one of the factors we use in setting priorities, we have
several initiatives underway that improve the use of relative risk to prioritize activities in
specific programs. For example, we are targeting enforcement actions where they will deter
violations potentially causing the most serious risks to public health and the environment. We
are proposing major, targeted changes in Resource Conservation and Recovery Act (RCRA)
regulations based on the degree of risk posed by particular wastes. We also are refocusing the
national drinking water program on the contaminants causing the highest risks, thus decreasing
costs and increasing flexibility for states and water suppliers. We continue to assist states,
tribes, and localities to conduct comparative-risk studies. Our partners are using this
information to develop their own priorities, and I believe their experience will help shape the
national agenda.
In summary, EPA remains committed to setting priorities that allow the Agency to
apply limited resources where they will gain the most public health and environmental
benefits. To further assist us in using relative risk to set priorities, and consistent with your
Reinvention Testimony — page 3
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direction, we have asked EPA's Science Advisory Board (SAB) to update its September 1990
report, Reducing Risk, to include the most up-to-date technical and scientific information on
the relative risks of different public health and environment problems. The SAB steering
committee for this new effort is meeting today for the first time.
NEW, PRSTnTS-OPTCNTRT) PAPTNTTraSHTPS WTTR
STAKTTROT T)T
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programs will have the flexibility to use those funds to address their most serious human health
and environmental problems using community-based, geographic, pollution prevention, or
cross-media strategies designed to meet specific local needs.
For example, last year EPA and several states began testing this approach under a
limited demonstration grant authority. New Hampshire facilitated important watershed -
protection activities by combining some of their water program grants. North Dakota
consolidated all their continuing environmental program grants and now is considering how
best to deploy those resources based on relative risk rankings. Massachusetts combined air,
waste, and water grant funds in order to conduct multimedia facility inspections, resulting in
the identification of pollution sources not previously registered or permitted.
EPA would like to make this approach an option for all states that want to use it. More
than a dozen states have expressed interest in applying for Performance Partnership Grants this
year or next. Over the past year, EPA has worked with state, tribal, and local officials and
environmental and public interest groups to develop preliminary guidance for the use of these
grants, although they cannot be awarded until we receive Congressional authority.
EPA also is encouraging and supporting communities as they develop targeted, results-
oriented programs at the local level. Our Community-Based Environmental Program (CBEP)
encourages citizens, local institutions, neighborhood groups, and local governments to come
together to identify, set priorities for, and find solutions to environmental problems affecting
public health and natural resources such as watersheds. EPA regional and national program
offices have prepared plans to support and promote such community-level action. At the same
time, EPA recognizes that federal and state regulatory programs are just one set of tools for
solving environmental problems at the local level, and that communities must take the
initiative as well.
EPA's commitment to new kinds of flexible, performance-based partnerships also can
be seen in a series of new initiatives with the private sector, environmentalists, and
community-based groups. In the Common Sense Initiative (CSI) and Project XL, as well as in
several voluntary pollution prevention initiatives, EPA is working with regulated businesses
and affected communities to find cleaner, cheaper, smarter ways of achieving our public health
and environmental goals. EPA is encouraging participating businesses to test innovative ideas
that achieve better environmental results than the law requires.
Under CSI, for example, EPA has invited a broad spectrum of stakeholders, including
industry, environmentalists, state governments, environmental justice groups, and labor
unions, to look at the full range of environmental regulations affecting six specific industries:
auto manufacturing, computers and electronics, iron and steel, metal finishing, petroleum
refining, and printing. The industry subcommittees are committed to improving and
simplifying the permitting system, identifying more flexible ways of achieving compliance,
and designing integrated systems for reporting environmental data. They are working on ways
Reinvention Testimony — page 5
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to tear down the barriers to innovative pollution control and prevention technologies. The
industry-by-industry approaches they define then will be applied across whole industries, thus
providing better public health and envinmental protection at less cost.
In addition to the CSI, last summer EPA invited the business sector, communities, and
federal agencies to participate in our Project XL. Under this voluntary initiative, participants
can propose facility-specific, industry-wide, or geographically-based projects that lead to better
environmental results than under the current regulatory system, and at less cost. If those
projects make sense to EPA, state goverments, and interested stakeholders, then EPA is
willing to provide flexibility in meeting existing regulatory requirements.
Last November 3, the President and Vice President announced the selection of the first
eight candidate XL pilot projects, and they show how much can be accomplished if people
have the opportunity and flexibility to design innovative strategies for environmental
management. Intel has proposed developing a new kind of facility-wide operating contract that
will substitute for a host of individual permits. Merck has proposed a flexible permit that caps
emissions while allowing emissions to fluctuate under the cap without triggering permit
modifications. AT&T Microelectronics has proposed to supplement government water quality
inspections with independent audits in order to reduce monitoring and reporting costs.
Anheuser-Busch has proposed a facility-wide pollution prevention program that will reduce air
and water pollution and waste. HADCO has proposed to recycle metals left over from its
production process and, at the same time, create a market for recyclables from other
companies. 3M has proposed a single, facility-specific, comprehensive permit for several
different facilities that will allow them to simplify reporting, reduce paperwork, and cut costs.
California's South Coast Air Quality Management District has proposed to work with area
companies to reduce the air pollution caused by commuting. Finally, Minnesota, the first state
authorized by EPA to take the lead in negotiating and approving in-state Project XL pilots, is
now negotiating its first 3-5 projects.
The sponsors of these projects now are working with stakeholders to develop detailed
project agreements. At the same time, we continue to receive and evaluate new Project XL
proposals. The results from all these projects will be applicable to other facilities across the
country.
We have initiated several other programs that build new, stronger, results-oriented
partnerships with stakeholders. Our Environmental Leadership Program, for example, has
worked with federal and private sector partners to initiate 12 pilot projects designed to test
innovative approaches to compliance; EPA will grant limited grace periods to correct any
violations discovered during the pilot projects. We are providing new opportunities for
businesses to use market forces to control pollution and reduce costs; last summer we proposed
a model rule to allow, for the first time, widespread trading in smog-forming air pollutants,
and last month we issued a new policy to encourage the trading of water pollutants within
watersheds in order to meet our environmental goals in a cost-effective manner. We have
Reinvention Testimony — page 6
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improved public access to environmental information by setting up EPA "home pages" on the
World Wide Web. We have taken several steps to assist small businesses, including funding
four Small Business Compliance Assistance Centers to help small businesses in specific
industries — printers, metal finishers, auto repair shops, and small fanners - meet their
environmental requirements.
Two other aspects of EPA's reinvention deserve special mention. President Clinton
directed EPA to establish a center for environmental information and statistics, an idea echoed
in the NAPA recommendation for a bureau of environmental statistics. Clearly, an integrated
system for collecting, aggregating, and disseminating environmental information would
provide a valuable service to the public, and EPA is studying a range of options for
establishing such a system. Possible products range from national statistics on the state of the
environment to specialized studies for communities concerned about the quality of their local
environment.
Finally, Administrator Browner and I believe that EPA's partnership with other nations
to protect public health and the environment globally is one of our top priorities. The United
States is an important part of the global ecosystem; we contribute to global environmental
problems, and we are affected by them. Because of our technological, economic, and political
strength, we must continue to play a leadership role in addressing and preventing
environmental problems of global significance. In addition, the fact that we are in the
forefront of environmental protection, means that we can support environmental improvement
worldwide while at the same time helping domestic companies export environmental
technologies to other countries. The Administration has a strong program aimed at developing
innovative environmental technologies and promoting their international competitiveness.
EPA'S MANAfrEVTFNT AMD ArrOTTNTATtTTTTY
SYSTEM
Administrator Browner and I have long believed that systemic change within EPA must
be reflected in the Agency's management system. The NAPA report supports that belief. In
particular, NAPA recommends that EPA design a better way to formulate its annual budget,
analyze program performance and cost, integrate program activities with the Agency's mission
and goals, and formalize a system of Agency-wide accountability.
EPA's recent report, Managing for Results, summarizes the Agency's efforts to
improve and fully integrate our planning, budgeting, and accountability processes. This report
was compiled by a task force composed of senior EPA managers, and it is responsive to the
recommendations made in the NAPA report. For example, the EPA report includes:
• The necessary elements of a comprehensive new planning, budgeting, and
accountability system;
Reinvention Testimony — page 7
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• Elements or activities in the current system that could be eliminated or
streamlined;
• Elements that would allow for the fuller use of risk, science, and other relevant
information in setting priorities;
• Organizational changes needed to integrate these functions across the Agency;
and
• A plan for implementing the recommended changes.
The new management system detailed in this report will allow EPA to set priorities
based on risk and other relevant factors and change those priorities in response to new
demands. The new system establishes a strong role for scientific information to be used in a
comprehensive strategic planning process. Recent EPA initiatives to restructure our research
program around risk reduction, improve the quality of our science, and establish national
environmental goals will all feed directly into a multi-year strategic planning process.
In the future, EPA's goal-based strategic planning will serve as the basis for annual
budget planning, thus assuring that new initiatives such as the Common Sense Initiative.,
Project XL, and other reforms are fully reflected in budget decisions and, where appropriate,
expanded to full-scale programs. Finally, measurable environmental results, along with fiscal
accountability, will be an explicit consideration in our planning process.
This report recognizes that developing and maintaining an integrated system is not a
short-term task. It nevertheless identifies a series of steps we will take in the short term to put
several key elements in place. Developing consistent, Agency-wide approaches to each
element of the system and sustaining their use over time will require strong central leadership.
We plan to establish a group to provide this leadership within the coming month. I will
personally assure that the new system is put in place and used by senior Agency managers.
I have not discussed a number of the other EPA initiatives currently underway that are
contributing to our reinvention effort and that track with the NAPA recommendations.
However, I have provided to the members of this subcommittee a summary of our
accomplishments in several key areas, together with a table that shows that linkage between
EPA's initiatives and the NAPA recommendations. I am prepared to discuss these initiatives
in more detail today in order to give you a fuller sense of other EPA activities that illustrate
our commitment to reinvention.
I understand that your staff has been meeting with EPA managers who have the lead
responsibility for several of these
Reinvention Testimony — page 1
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initiatives. These infonnation-sharing meetings are invaluable for the successful reinvention of
EPA, and I will be delighted to help facilitate any future meetings that the committee staff or
members should request.
Finally, on several occasions you or your staff have expressed frustration because
reinvention at EPA is taking so much time, and because EPA seems reluctant to produce a.
timetable that lays out milestones and completion dates for reinvention. Administrator
Browner and I share some of your frustration. We too wish that reinvention could move more
quickly.
At the same time, it is important to remember that reinvention is not a project; it is a
process driven by multiple projects. The results of these projects will lead to specific and
sometimes subtle changes in EPA programs, policies, and relationships. We will keep the
subcommittee informed as these changes occur. Indeed, EPA has already changed as the
result of some of our reinvention initiatives, particularly in the area of enforcement. EPA has
instituted a new policy, in effect since April 1995, that provides incentives for businesses to
discover, disclose, and correct environmental violations. For small businesses and
communities, we now waive penalties for first-time
offenders to encourage good faith efforts to come into compliance.
Reinvention is an evolutionary process of cultural change that, by its nature, is time-
intensive. It takes more time to build new partnerships and develop the groundwork for broad
consensus than it does to write regulations. But the investment in time up front, I believe, will
lead to substantial environmental and economic dividends in the years ahead.
EPA has begun the process of cultural change, and we are making progress. With your
continued support, and with the advice and insight being provided by thoughtful, well-
respected organizations such as NAPA, CSIS, SAB, and by our partners at the state, local, and
tribal levels and in the business community, I am confident we will make even more progress
in the future.
Reinvention Testimony — page 9
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February 29, 1996
ENVIRONMENTAL PROTECTION AGENCY AND SMALL BUSINESS:
A new partnership for greater environmental results at less cost
Since EPA was created 25 years ago, the American people have enjoyed dramatic
improvements in public health, worker safety and the natural environment. Yet despite all the
progress we have made, serious environmental problems remain — for example, forty percent of
our lakes and rivers do not fully meet water quality standards and 54 million Americans (one in
five) still live in areas where air does not meet public health standards. Through EPA's
reinvention efforts EPA is working to improve public health and environmental quality at less cost
by focusing on results, sharing decision making with stakeholders and providing incentives for
improved compliance.
An important part of reinvention at EPA involves changing the relationship between EPA
and small businesses. As shown in the recommendations from the White House Conference on
Small Business (June 1995), EPA must work as a partner, not an adversary, with responsible
small businesses so that we can together achieve greater environmental results at less cost. EPA
has made good progress on many of the recommendations. Listed below are highlights of the
major changes that EPA is pursuing.
Reducing Burden on Small Business Without Sacrificing
Protection of Public Health and the Environment
Reduction in reporting and record keeping "burden hours" - In June of last year, each EPA
program completed a line-by-line review of all regulations to identify opportunities to reduce
record keeping and reporting burdens, with an Agency-wide goal of eliminating 20 million burden
hours (25% of the January 1995 total). EPA is making substantial progress toward reaching our
goal. Examples of burden reduction include: a short form for TRI for low threshold reporting,
simplified reporting for Discharge Monitoring Reports and less reporting for superior
environmental performance, and one-time-only notification for some Land Disposal Restriction
requirements. Over the remainder of this year, EPA will continue to propose regulatory changes
needed to reach the Administrator's goal of 20 million burden hours.
Electronic reporting — EPA has begun to allow regulated entities the opportunity to file reports
to the Agency electronically. We piloted the process with the reformulated gasoline requirements
and this spring Discharge Monitoring Reports (the Agency's largest single reporting requirement)
will be accepted electronically.
One-stop reporting - We have begun a longer term project to consolidate multiple reporting
requirements into a single report. State pilots will begin this year. Also, EPA is about to publish
a notice in advance of a "Key Identifier Rule". This rule will allow facilities to submit one
standard set of facility identification data for all EPA reporting requirements instead of having to
submit this information seperatly with each individual report.
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Minimizing burdens in new regulations - EPA goes beyond the requirements of the
Regulatory Flexibility Act to consider any impacts on any small businesses that may be affected by
new regulations. Some recent successes of this increased attention to small business impacts
include: an exemption for small dry cleaners from a requirement to install control equipment for
solvent emissions; and flexibility for small business on the national refrigerant recycling rule.
Helping Small Businesses Comply with Environmental Regulations
Compliance Assistance Centers — EPA has funded four centers to help small businesses in
specific sectors (automotive repair, metal finishing, agriculture and printing). These centers will
provide help to small businesses in understanding how to comply with a full range of
environmental requirements. They will also provide small businesses with pollution prevention
information.
Small Business Compliance Incentives — Last June, EPA announced an interim policy that
provides an incentive for environmental compliance among small business. Under the policy EPA
will waive penalties for non criminal violations that do not cause serious harm to public health or
the environment for small businesses that are first time offenders. In this way attention can be
given immediately to correcting the problems. We expect to issue a final policy, to which we are
making changes now to increase the availability of the policy's benefits to small firm, within the
next few weeks.
Reaching Out to Small Business
Small Business Ombudsman — EPA's Small Business Ombudsman provides a first stop for
small businesses when there are concerns. The Ombudsman also assists EPA solicit the input of
small business in EPA rulemaking, policy development and initiatives.
Small Business Participation in Regulatory Development.— EPA strives to solicit input from
all stakeholders, including small businesses, early in the regulatory development process. Through
public meetings, focus groups, workshops and consensus based processes including negotiated
rulemaking, EPA strives to get early input from small businesses so that concerns can be
addressed.
Public Electronic Access to EPA Regulatory Development ~ All proposed rules are now
available on the Internet which allows "real-time" review by small business owners. EPA is
expanding the availability of documents that are available on the Internet to regulations that are in
effect, guidance, policy and other useful Agency information.
Common Sense Initiative- - Two years ago EPA launched the Common Sense Initiative in
which stakeholders, including industry, state and local government, environmental groups, labor
and environmental justice groups have come together to look across all the ways that EPA affects
an industry to find cleaner, cheaper, smarter solutions. Of the six industry sectors participating in
the Common Sense Initiative, two (metal finishing and printing) are dominated by small
businesses.
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Other
Key Stakeholder Groups
(e.g. States, local governments)
Concerns and Messages
(as developed)
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COMMON-SENSE STRATEGIES TO PROTECT PUBLIC HEALTH:
A Progress Report on Reinventing Environmental Regulation
March 29,1996
U.S. Environmental Protection Agency
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COMMON-SENSE STRATEGIES TO PROTECT PUBLIC HEALTH:
A Progress Report on Reinventing Environmental Regulation
Executive Summary
"Do you believe we can expand the economy without hurting the environment?
I do. Do you believe we can create more jobs over the long run by cleaning the
environment up? I know we can. That should be our commitment. We must
challenge business and communities to take more initiative in protecting the
environment and we have to make it easier for them to do it."
— President Clinton
1996 State of the Union Address
One year ago, on March 16, 1995, President Clinton, Vice President Gore and EPA
Administrator Carol Browner issued a report, Reinventing Environmental Regulation, launching
25 high priority actions to develop and expand the Administration's common-sense strategies that
protect public health and the environment. EPA has made substantial progress in meeting all of
the 25 high priority actions over the past year. These reforms are strengthening the environmental
protection system so it meets the challenges of the future as well ai solve the problems of today.
This progress report highlights many of the important accomplishments in EPA's reinvention of
environmental regulation and related common-sense, cost-effective initiatives that are part of the
Clinton Administration's new direction for EPA. Changes have been made in four categories:
1) Reducing paperwork and cutting red tape: To help businesses to comply with
environmental laws faster and more efficiently, EPA:
• is making changes to more than 70 percent of its regulations, and is working to eliminate
1400 pages of obsolete rules — some 10 percent of EPA's total regulations.
• has eliminated more than 10 million hours of paperwork and red tape for large and
small businesses seeking to comply with environmental laws. This reduction is the
equivalent of returning a quarter-million workweeks back to the private sector to
boost productivity and profits. EPA also expects to eliminate another 10 million hours of
paperwork by the end of 1996.
2) Making it easier for businesses to comply with environmental laws: Because it makes
more sense to prevent pollution than to clean it up after the fact, EPA is making it easier for
businesses to comply with environmental regulations. While recognizing that a strong
enforcement capability ensures strong public health and environmental protection, EPA also is
implementing the following innovative approaches:
• Under the Common Sense Compliance incentives for small business, penalties for first-
time violators can be waived or reduced if the business repairs the problem and comes into
compliance with the law.
• EPA's Environmental Leadership Program challenges facilities to take innovative
approaches — such as environmental auditing and pollution prevention — to enhance their
ability to meet environmental requirements.
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• EPA also has funded Small Business Compliance Assistance Centers for the metal
finishing, printing, automotive repair and farming industries to help these small
businesses identify low-cost compliance and pollution prevention strategies; and make
compliance easier for as many as one million small businesses.
3) Using innovation and flexibility to achieve better environmental results: EPA is.
encouraging innovative and flexible approaches to achieve better environmental results — tapping
the creativity of industry, states and local communities to increase protections for all Americans:
• With Project XL — for excellence and leadership — EPA offers this challenge: If you
can meet even higher environmental performance standards, we will provide flexibility
and cut red tape so you can find the cheapest, most efficient way to do it. Twelve
industry or state XL projects and one city project are now moving forward.
• EPA is piloting other innovative approaches to focus on problems that pose the highest
risks to public health, and help control pollution by allowing facilities to trade pollution
reduction "credits" on the open market with facilities that have not made those reductions.
4) Increasing community participation and partnerships: EPA is increasing community
participation and partnerships to engage states, tribes, communities and citizens in the effort to
protect public health and the environment:
• Community right-to-know has been strengthened and expanded, and further expansions
are being considered to provide citizens with more complete information about local toxic
chemical releases. In keeping with right-to-know, EPA has expanded public access to
Agency information — particularly Internet access.
• EPA has established Performance Partnerships that give states and tribes funding
flexibility to combine federal grants to meet their environmental needs.
• EPA, industry and other groups established the Partnership for Safe Drinking Water, a
voluntary commitment to improve drinking water safety, with a focus on high-risk
contaminants.
Reinventing environmental regulation at EPA is a fundamental change in the way the
Agency implements public health and environmental protection. Under the leadership of President
Clinton, Vice President Gore and Administrator Browner, EPA is applying common sense,
flexibility, and creativity in an effort to move beyond the one-size-fits-all system of the past and
achieve the very best protection of public health and the environment at the least cost. In
addition, EPA is extending these reinvention approaches from the regulatory arena to its efforts to
reauthorize environmental laws, proposing responsible legislative reforms that also embody these
principles. Committed to changes that make both economic and environmental sense, the Clinton
Administration believes that these improvements to our system of environmental regulation will
strengthen public health and environmental protections.
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Reducing Paperwork and Cutting Red Tape
"The laws and regulations that brought our environment back from the
brink worked well for their time. But what worked yesterday may not work today
or tomorrow. We believe in higher environmental standards, but we also believe in
more partnership between environmentalists and people working in the private
sector. We believe in more flexibility and more focus on results instead of rule
making. We know that going through Washington may not be the only road to a
safer and cleaner world."
- President Clinton, March 11,1996
Because every hour saved in the environmental regulatory process is an hour that
can be spent better protecting public health and the environment, EPA is reducing and
streamlining paperwork and red tape. Reducing regulatory red tape and paperwork will help
businesses to comply, while saving money and time that can be better spent in preventing
pollution and boosting productivity and economic growth. Following are some of the innovative
actions EPA has already completed to reduce the unnecessary burdens and costs of environmental
reporting and record-keeping:
* ^^
1) Time and Paperwork Burdens Reduced: To help businesses comply with environmental
and public health protections more efficiently and effectively:
• EPA is making changes to more than 70 percent of its regulations, and is working to
eliminate 1400 pages of obsolete rules - some 10 percent of EPA's total regulations.
• In just one year, EPA has eliminated more than 10 million hours of paperwork and
red tape for large and small businesses seeking to comply with regulations ranging from
air and water pollution controls to pesticides registrations and chemical releases. This is
the equivalent of returning a quarter-million workweeks back to the private sector
to boost productivity and profits.
• For industries that discharge wastewater into rivers, lakes and streams, EPA has
streamlined monitoring and reporting, reducing the time spent on water quality monitoring
by 4.7 million hours.
EPA expects to eliminate another 10 million hours of paperwork by the end of 1996 with
similar measures that increase opportunities for electronic reporting, eliminate some reporting
requirements, and make forms shorter and easier to use.
2) Accountability and Efficiency Boosted Through Electronic Reporting: To increase
public accountability and ensure that industries are meeting public health standards, EPA is
increasing opportunities for businesses to file electronic reports on emissions and discharges in
air, land and water.
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• Over the last year, EPA successfully tested electronic reporting from reformulated
gasoline producers — an effort now being expanded to the entire petroleum industry — on
how their product meets Clean Air Act requirements for cleaner gasoline.
• In addition to speeding and simplifying the reporting process, saving time and money for
industry, the new system has resulted in more accurate data on clean gasoline production.
In spring 1996, industry reports on discharges of wastewater into rivers, lakes and streams
also will be accepted electronically. EPA is exploring additional ways to expand electronic
reporting.
3) Air Pollution Permits Simplified: To better achieve reductions in harmful industrial air
pollution and provide the public with better information about such pollution in their communities,
EPA has taken a number of steps to streamline how industries obtain air pollution "permits" —
comprehensive controls on air pollution emissions from industrial facilities.
• In August 1995, EPA proposed ways to simplify the complex procedures under which air
pollution permits are issued, making it easier for industries to identify parts of their
facilities that were violating air pollution standards. Companies will be better able to keep
their processes up-to-date without invoking burdensome procedural requirements.
•
• In March 1996, EPA proposed reforms that will further simplify the process by combining
multiple, overlapping Clean Air Act requirements into one permit, paving the way for
substantial reductions in paperwork and costs for businesses, while allowing them more
time to focus on avoiding violations of air pollution controls.
• These actions are expected to reduce related paperwork burdens for businesses by as
much as 10 million hours over the next three years, saving about S600 million.
In April 1996, EPA will propose significant revisions to streamline the permitting process
for new sources of air pollution — reforms expected to further reduce burdens for many
businesses and cutting in half the number of industrial projects that need to obtain new permits
4) Low-Risk Pesticide Self-Certification and Exemption: As part of its efforts to focus on
the highest risks to public health, EPA in March 1996 exempted 31 low-risk pesticide ingredients
— which have been determined to pose little risk to public health and the environment — from
registration with EPA, changing a longstanding requirement.
• In addition to focusing Agency and industry efforts on higher-risk substances, this action
reduces the regulatory burden for small businesses that manufacture these ingredients
• In a similar effort, in May 1995, EPA expanded ways for pesticide companies to self-
certify that changes to low-risk pesticide labeling and formulations comply with EPA
requirements. Previously, companies had to seek approval for even minor changes
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Making It Easier for Businesses to Comply with Environmental Laws
"Our common-sense initiative for small business emphasizes results, not
punishment. If a small business makes a mistake and is committed to fixing that
mistake, we will waive the fine if they repair the problem. This new way of doing
business overturns the conventional wisdom that we have to somehow choose
between the health of our environment and the health of our economy."
- President Clinton, March 11,1996
Because it makes more sense to prevent pollution than to dean it up after the fact,
EPA is making it easier for businesses to comply with environmental regulations. EPA
recognizes that preventing pollution is the most sensible approach to protecting public health -
and recognizes that most businesses want to comply with the law. Too often, violations occur
because many businesses lack the technical assistance needed to fully comply. For the first time,
EPA has begun an ambitious program to simplify regulations and make it easier to comply with
environmental laws. The following innovative approaches are already making progress:
1) Common Sense Compliance for Small Businesses: EPA has launched a new program
to encourage common-sense compliance for small businesses in June 1995:
• Under the new policy, penalties for first-time violators can be waived or reduced if the
business repairs the problem and comes into compliance with the law.
• The policy also provides small businesses with a grace period to correct violations without
penalty as long as the violation is not criminal or does not create a serious environmental
threat, and the company participates in EPA or state compliance assistance programs.
2) Achieving Compliance through the Environmental Leadership Program: To help
businesses find the best ways to clean up and prevent pollution, EPA has launched the
Environmental Leadership Program.
• Ten companies and two federal facilities, ranging in size from large public corporations to
smaller privately held businesses, are participating in the program's pilot phase.
• These pilot projects are testing innovative approaches — such as environmental auditing
and pollution prevention — to reduce costs and paperwork while enhancing their ability to
meet environmental requirements.
Participating facilities will demonstrate how these approaches can help other regulated
businesses comply in cleaner, cheaper and smarter ways.
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3) Flexible Compliance Policy for Small Communities: Many small communities want to
protect the health of their citizens, but lack the administrative, technical and financial capacity to
ensure that their towns are complying with environmental laws. In November 1995, EPA
announced a policy that promotes states' use of enforcement flexibility to provide compliance
incentives for small communities.
• Under the policy, states will help communities identify and prioritize their environmental
compliance needs and create a reasonable schedule for communities to correct their
environmental violations.
• This policy promotes increased compliance by allowing communities to develop a plan
that suits their individual needs — so they can first focus on their worst environmental
problems — and assuring them that asking for help need not result in a penalty.
4) Grants Awarded for Small Business Compliance Assistance Centers: To advance small
businesses' ability to protect public health and prevent pollution before it starts, EPA has funded
Small Business Compliance Assistance Centers — places where small businesses can get all the
information they need about regulations that apply to their business, and get it in plain, easy-to-
understand language. The centers also provide information on how small businesses can reduce
their costs by preventing pollution. The centers support state and local agencies and industry
trade associations, and could assist more than one million small businesses in the following
sectors:
• The National Printers' Compliance Assistance Center currently offers
compliance assistance and pollution prevention information to some 100
printing businesses through two Internet-based bulletin boards.
• The Agriculture Compliance Assistance Center is a "one-stop
shopping" source for small farms with comprehensive, easy-to-understand
information about cost-effective approaches to pollution prevention and
compliance.
• The National Metal Finishing Resource Center will provide a one-stop,
electronically linked information and technical assistance source on solving
compliance and production problems, beginning in fall 1996.
• The Automotive Repair Compliance Assistance Center will provide
information on flexible, common sense ways to prevent pollution and
comply with environmental laws to automotive service and repair shops via
the Internet and telephone systems, beginning in spring 1996.
5) Incentives for Self-Policing: To encourage companies to voluntarily correct pollution
violations, in December 1995, EPA announced a new policy offering reduced penalties for eligible
participants who quickly and voluntarily disclose violations of environmental laws and take action
to correct them.
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• In the three months since its inception, the policy has encouraged more than 50 companies
to disclose environmental violations they discovered through self-policing. EPA has
settled 13 of these cases, issuing 12 waivers and one greatly reduced penalty.
• Among the incentives to comply provided under the policy are: 1) If a company or public
agency voluntarily identifies, discloses and corrects violations according to the conditions
outlined in the policy, EPA will eliminate punitive enforcement penalties; and 2) If no
serious public health risk has occurred from the pollution violation, and other conditions
are met, EPA will not recommend that the Department of Justice bring criminal charges
against a company or public agency that acts in good faith to identify and correct those
violations.
6) First Sector-Wide Enforcement Agreement: To achieve consistent corrections of
recurrent environmental problems across an entire industry, EPA is pursuing sector-wide
enforcement agreements.
• The first industry-wide settlement, in October 1995, included 51 enforcement cases
involving more than 200 natural gas processor facilities across the country, for failure to
report specific information on volumes of toxic chemicals released, as required under the
Toxic Substances Control Act. As part of the program, the natural gas processing
industry agreed to put in place controls that will prevent these types of violations in the
future.
This is the first time EPA has worked with an industry association to develop a national
agreement to successfully resolve multiple environmental violations at one time across a sector.
7) EPA Policy to Support Risk-based Enforcement: To target pollution violations that pose
the highest risks to public health and the environment, EPA has initiated a sweeping initiative to
focus enforcement resources on violations that are likely to pose the highest risks.
• In September 1995, EPA issued a new policy on the frequency of inspections of
wastewater discharges under the Clean Water Act's National Pollution Discharge System.
The new policy will allow inspectors to reduce their visits to facilities that handle lower
risk materials and have good compliance track records, so that resources can be targeted
to more serious compliance and health risk problems.
EPA also is providing enforcement inspectors with risk assessment tools so they can set
enforcement priorities based on the level of public health risk.
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Innovation and Flexibility to Achieve Better Environmental Results
"What I see in Project XL is a real paradigm shift . . . The new system
envisioned by Project XL is to work cooperatively and focus on the results: a
cleaner environment; a fester, less costly system; with more input from the local
community . . . Just think of the environmental gains we could make if we tap into
the creativity that put 5.5 million transistors on a chip the size of your thumbnail!"
— Gordon Moore, Chairman of the Board
Intel Corporation
EPA is encouraging innovation and flexibility to achieve better environmental
results — tapping the creativity of industry, states and local communities to increase
protections for all Americans. Using incentives and flexibility, EPA is encouraging businesses,
states, tribes, and local communities to achieve better environmental results in ways that are
cleaner, cheaper and smarter. Among the innovative approaches now in motion are:
1) Going Beyond Compliance to Achieve Excellence and Leadership: To encourage
regulated entities to go beyond compliance with environmental laws, Project XL — for excellence
and leadership — offers business, states and communities this challenge: If you can meet even
higher environmental performance standards, EPA will provide flexibility and cut red tape so
that you can find the cheapest and most efficient way to do it. An integral part of pilot XL
projects is the involvement of local citizens, community groups, businesses, and state and local
governments in the process of achieving better results. Ten companies and two state agencies are
currently using this flexibility in the following ways:
• HADCO, a manufacturer of printed wiring boards, will create a market
for recycling waste from electronic facilities by streamlining hazardous
waste rules at facilities in New Hampshire, California and New York.
• Intel Corporation will build a new facility designed to achieve better
environmental results from the start, through an environmental "contract"
with EPA and the State of Arizona.
• Merck & Company will use a comprehensive single permit approach to
control air pollution from its Elkton, Va., facility.
• 3M Company will take a "one-stop" approach to permitting by
developing a single, comprehensive permit for air, water and waste at
facilities in Minnesota, Illinois, and California.
• Anheuser-Busch Companies, Inc. will set a single environmental
bottom line target for air, land and water pollution that result from its
operations in Jacksonville, Fla.
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• AT&Ps Lucent Technology will take an innovative approach to
monitoring water pollution at its AUentown, Pa., facility by utilising outside
auditors.
• Minnesota Pollution Control Agency will pilot Project XL across the
state to reduce air, land and water pollution.
• California's South Coast Air Quality Management District will work
with area companies to reduce air pollution from commuting trips.
• Union Carbide will use a plant-wide, stakeholder-driven process to
improve environmental performance at its Taft, La., petrochemical
plant.
• Weyerhaeuser will operate its Flint River, Ga., plant as a "Minimum
Impact Mill," a comprehensive approach to minimize the overall impact
of the mill on the environment.
• IBM will biologically treat its wastes at its Essex Junction, N.Y.
facility, rather than shipping them off site for incineration.
• Berry Corporation will work with EPA and the state of Florida to
combine multiple environmental permits into a single, comprehensive
operating plan at an orange juice processing facility in La Belle, Fla.
2) Alternative Strategies for Communities — Anaheim, California: To encourage
communities to achieve better results in areas where they are facing persistent
environmental problems, EPA announced a Community XL project in Anaheim,
California, in February 1996. Anaheim proposes to work with all businesses,
industries, schools and other stakeholders in the community to develop and implement a
plan to prevent contamination of groundwater near the public water supply wells.
3) . Prioritizing Resources to Address Areas of Highest Risk: To ensure that
Agency actions address the highest risks to public health and the environment:
• EPA has reorganized its research and development program to focus on high-
risk health effects, exposures, and risk management.
• A new system for planning, budget and accountability will help ensure that
sound science is used in prioritizing Agency resources to address high-risk
problems.
10
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• New Agency-wide policies for peer review and risk characterization — as well
as a new policy to consider children's health and environmental risks
consistently in Agency actions ~ also are ensuring that the best scientific
knowledge is applied in actions to protect public health and the environment.
EPA also has asked its independent Science Advisory Board to revise and
update its landmark report on Reducing Risk, so that the best and most current
knowledge can be employed to lower public health risks from environmental hazards
wherever possible.
4) Removing Barriers to Recycling: To encourage recycling of household
hazardous wastes, such as discarded batteries, thermostats and pesticides, EPA revised its
rules to help stores and businesses to collect these items for recycling — an effort that was
not being fully pursued because of the regulatory burden involved.
• In April 1995, EPA issued a new regulation which eases the burden by as much as
a half-million work hours on participating retail stores and businesses.
• Approximately 90,000 businesses will benefit from this burden reduction,
saving as much as $70 million annually.
5) Focusing on High Risk Hazardous Waste: To advance EPA's commitment to
target the highest risks to public health and the environment, in November 1995, EPA
proposed a new hazardous waste identification rule that will dramatically refocus the
regulatory program on high risk wastes.
• This rule will exempt wastes that do not pose a significant public health threat
from the hazardous waste management regulatory system — resulting in substantial
savings to businesses handling these low-risk wastes and allowing more time for
both government and industry to focus on greater risks to public health and the
environment.
• About 6,000 facilities would benefit from this burden reduction, saving as
much as S75 million annually.
6) Open Market Air Emissions Trading: To achieve reductions of smog-causing
industrial air pollution, EPA proposed in August 1995 a model rule for "emissions
trading" of smog-creating pollutants.
• This policy allows a facility that exceeds pollution reductions the opportunity to
sell its "surplus" reductions (or "credits") to facilities that find credits a more cost-
effective way to comply with these requirements.
11
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Once in a state plan, companies may freely engage in trades without prior approval
as long as reporting and public health standards are being met.
This program provides states and industries another innovative compliance option
to cost-effectively and efficiently meet their public health goals for reducing the
health impacts of harmful smog.
7) Promoting effluent trading in -watersheds: To achieve reductions of industrial
and other water pollution in our rivers, lakes and streams, EPA announced in January
1996 a new policy to encourage the use of effluent trading within watersheds.
• This policy creates an economic incentive for pollution sources to exceed
requirements for water pollution reductions, through the opportunity to sell
"surplus" reduction credits to facilities that find credits a more cost-effective way
to comply with these requirements.
• These changes benefit facilities that go beyond compliance while helping other
facilities come into compliance.
8) Alternative Strategies for Department of Defense: To assist Department of
Defense facilities achieve better public health and environmental results, EPA and the
Department of Defense agreed in November 1995 on a framework for XL pilot projects at
Defense facilities across the country. The projects, with broad community participation,
will couple cost-effective, innovative ways to improve environmental performance at
Defense facilities, with more flexibility and reduced red tape in the compliance process.
These projects will combine pollution prevention, compliance and technology research
projects.
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Increasing Community Participation and Partnerships
"...Think about what your ordinary day is like. Think about the information that
keeps you and your family safe and healthy. Think about what your child might
see that might change his or her behavior — a stop sign, a label that tells you
what's in the food you buy for your family, the warning on a pack of cigarettes.
This and other things are simple things that we take for granted because their cost
is minimal, but their value is priceless. The silent threat posed by pollution is as
real and dangerous as the threat of a speeding car to a walking child. We've
known for a long time that what we can't see can hurt us."
- President Clinton, August 8,1995
EPA is increasing community participation and partnerships to engage
states, tribes, communities and citizens in environmental protection. Recognizing
that citizens affected by environmental problems have a central role to play in
environmental protection, EPA is encouraging local participation and partnerships through
policies and regulatory changes that move environmental decisions closer to the problem.
The following innovative community-focused initiatives are underway:
1) Funding Flexibility through State and Tribal Performance Partnerships: To
help states and tribes solve their most pressing environmental and public health problems,
EPA established in May 1995 a landmark program that gives states and tribes flexibility to
meet their environmental goals.
• States with strong environmental programs will be given a stronger role in
setting environmental and public health priorities, along with the ability to direct
federal resources to meet the greatest environmental needs. This allows EPA to
focus on assisting those states and tribes that need more help in solving persistent
public health and environmental problems.
• EPA also is developing a program to allow states and tribes funding flexibility, to
combine several program grants into a single grant that meets their specific
needs, as long as they are consistent with environmental requirements. This
program is expected to reduce administrative burdens and improve environmental
performance. While EPA awaits Congressional approval to move forward with
this program, five states have already signed "Performance Partnership"
agreements with EPA — including Colorado, Delaware, Illinois. North Dakota,
and Utah.
13
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2) Expanding Community Right-to-Know About Toxic Chemical Releases: For
nearly a decade, Americans have had an important right: the right to know about what
dangerous chemicals are being released into their communities. Armed with Community
Right-to-Know information, citizens around the country are taking action to solve local
environmental problems that affect their health and safety. Since the inception of these
laws in 1986, reported releases of toxic chemicals have declined by 43% nationwide.
EPA's Toxics Release Inventory is an annual inventory of the amount of toxic chemicals
that industries have released into the environment, organized by zip code. Citizens have
easy access to these reports through local libraries, state and federal environmental offices,
online electronic networks, and EPA's toll-free hotline.
• EPA has acted to strengthen and expand the public's right to know about
local pollution by requiring Federal facilities and government contractors to report
on chemical releases, by considering expansion of information reported to include
industries beyond manufacturing and broader information about chemicals, and by
making it easier for small businesses to report right-to-know information.
3) Providing Safer Drinking Water: To improve the safety of the nation's drinking
water — particularly from new microbial contaminants like cryptosporidium — EPA has
established the Partnership for Safe Drinking Water with industry associations, drinking
water systems and community groups nationwide.
• Under this voluntary initiative, participating water systems must have a third party
assess water operations, implement system improvements identified by the
assessment, and communicate water safety information to their customers. Since
last fall, 122 drinking water systems serving 63 million people have joined the
partnership.
4) Brownfields Program Removing Barriers to Cleanups and Development: A
significant problem for American communities are brownfields — abandoned,
contaminated industrial or commercial properties that are less toxic than Superfund sites,
but still face barriers to their redevelopment.
• With seed money from the Administration's Brownfields Action Agenda,
cities across the nation are participating in pilot projects to redevelop brownfields
and return them to productive community use.
• Forty Brownfields pilots are moving forward to restore abandoned sites to new
uses, thereby creating jobs, economic growth, increased property values, and tax
revenues — and protecting the environment by encouraging development on
existing sites, rather than in undeveloped areas. EPA's FY 1997 budget request
calls for expanding pilots in additional U.S. cities.
14
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• In Cleveland, Ohio, for example, $3.2 million has been leveraged in
environmental cleanup and property improvements to a bankrupt and abandoned
site. The site is now home to several businesses that employ 171 new workers.
Payroll tax base improvements alone have netted more than SI million for
the local economy.
• The new Clinton Administration Brownfields Tax Incentive for developers who
clean up and redevelop these properties will make available $2 billion over seven
years, and is expected to spur some $10 billion in private cleanups, and
return to productive use as many as 30,000 brownfields properties.
5) Expanding Electronic Access to Agency Information: In keeping with the
Clinton Administration's commitment to community right-to-know about local pollution,
EPA has expanded public access to Agency information about public health and
environmental problems and solutions.
• Citizens, businesses and other interested groups can more easily access new EPA
rules on the Internet, as well as submit their comments electronically on
pending environmental and public health rules the Agency is considering.
• The Agency's electronic ENVIROFACTS also provide public access to
information about environmental issues at local facilities.
• In February 1996, nearly one-half million people accessed EPA's Internet
home page.
6) Allowing States and Tribes Flexibility in Municipal Landfill Permits: To
increase local flexibility in handling environmental issues, in January 1996, EPA proposed
a rule which provides flexibility to states and tribes to implement performance standards
for municipal solid waste landfill permits. The performance-based approach sets goals to
ensure that public health and environment protections are achieved. Most states and many
tribes have already opted to use this new flexibility in setting their standards.
7) Chemical Industry Challenged to Prevent Pollution, Create Safer Chemicals:
To encourage the chemical industry to prevent pollution — particularly through safer
manufacturing processes — and to encourage the development of safer chemicals. EPA
and industry partners issued a "Green Chemistry Challenge" in October 1995
• The Challenge — a new awards program that recognizes and promotes
fundamental breakthroughs in chemical production processes that prevent
pollution — has received over 70 nominations, and the first awards will be
announced in April 1996.
15
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8) Community-Based Environmental Protection: To help communities to become
more actively involved in managing environmental problems, EPA's Community-based
Environmental Protection program encourages local citizens - neighborhoods, cities, and
watersheds or other ecosystems - to work together to identify and set priorities and find
innovative solutions to environmental problems.
• EPA offices around the country are providing communities with technical
assistance and information to foster these community-based solutions and to
encourage citizens, local and state governments, and business to work together on
consensus-based approaches.
9) Pesticide Environmental Stewardship Program: To reduce the health and
environmental risks posed by agricultural pesticide use, EPA is working with the
Department of Agriculture, the Food and Drug Administration, and commercial users of
pesticides in a voluntary partnership to reduce pesticides risks. To date, approximately 40
pesticide user groups — representing growers and other industries that use large quantities
of pesticides — have joined the program.
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EPA Reinvention Activity Fact Sheets
EPA is improving the way it protects public health and the environment through many
reinvention activities. This binder contains fact sheets for many of these projects. Although dividing
reinvention activities into categories is somewhat artificial, provided below are four reinvention
themes under which reinvention projects are listed:
1. Using innovation and flexibility to achieve better environmental results
2. Increasing community participation and partnerships to achieve environmental goals
3. Making it easier for business to comply with environmental laws
4. Reducing paperwork and cutting red tape
1 . FLEXIBILITY FOR RESULTS
Using innovation and flexibility to achieve better environmental results
Agency-wide Project XL 1.1
Common Sense Initiative 1 2
Community-Based Environmental Protection 1.3
Industrial Communities Project 1 4
Great Lakes Printer's Project 1.5
Sustainable Industries Project 1 6
Environmental Technology Initiative 1 7
Statutory Integration Project 1.8
Effluent Trading in Watersheds 1.10
Air Open Market Air Emissions Trading 1 .20
Waste Brownfields 1 30
Toxics, Pesticides Design for the Environment — Green Chemistry Challenge 1 40
2. PARTNERSHIPS
Increasing community participation and use of partnerships to achieve goals
Communities Compliance Incentives for Small Communities 2 1
Expanded Use of Risk Assessment in Communities 2 2
Sustainable Development Challenge Grants 2 3
Partnerships Flexible Funding for States &. Tribes 210
Putting Customers First 2 1 1
Regulatory Negotiation and Consensus-Based Rulemakmg 2 12
Wastewise 2 13
33/50 2 14
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Information Center for Environmental Information and Statistics 2.20
Environmental Forecasting 2.21
Public Electronic Access 2.22
Environmental Accounting Project 2.23
Consumer Label ing Initiative 2.24
Goals National Environmental Goals Project 2.30
Government Performance and Results Act 2.31
3. FACILITATING COMPLIANCE
Making it easier for business to comply with environmental laws
Enforcement/ Compliance Incentives for Small Business 3 1
Compliance Small Business Compliance Assistance Centers 3.2
Environmental Lead ersh ip Program 3.3
Flexible Compliance Agreements for Certain Industries 3 4
Incentives for Auditing, Disclosure and Correction 3.5
Risk-Based Enforcement 3.6
Toxics/Pesticides Self-Certification of Pesticide Product Registrations 3 10
4. CUTTING RED TAPE
Reducing paperwork and cutting red tape
Agency-wide One-Stop Emission Reports 4 1
Reduction of Paperwork Burden 4.2
Electronic Data Transfer 4.3
Permits Improvement Team 4 4
Multi-Media Permitting 4.5
Water Refocus Drinking Water Requirements 4 10
Simplify Water Permit Paperwork 411
Reinventing Effluent Guidelines 412
Reinventing Storm Water Permitting 4 13
Air Consolidated Federal Air Rule 4 20
Flexible, Streamlined Air Permits 4 21
Simplify Review of New Air Pollution Sources 4 22
Toxics Pesticides Exempt Low-Risk Pesticides from Regulation 4 30
Exempt Low-Risk Toxics from Regulation 4 31
Reinventing PCS Disposal Regulations 4 32
Waste Refocus RCRA on High-Rjsk Wastes 4 40
State/Tribal Flexibility for Municipal Landfill Permits 4 41
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FLEXIBILITY FOR RESULTS
Using innovation and flexibility to achieve better environmental results
Agency-wide
Water
Air
Waste
Project XL
Common Sense Initiative
Community-Based Environmental Protection
Industrial Communities Project . .
Great Lakes Printer's Project ... .
Sustainable Industries Project
Environmental Technology Initiative . . .
Statutory Integration Project
Effluent Trading in Watersheds
Open-Market Air Emissions Trading
Brownfields
Toxics.*Pesticides Design for the Environment — The Green Chemistry Challenge
. 1.1
. 1.2
. 1.3
1.4
. 1 5
. 1 6
. 17
1 8
1 10
1 20
1 30
1.40
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United States
Environmental Protection
Agency
Office of
Policy, Planning,
and Evaluation
Publication: 100-F-96-011
May 1996
Project XL
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying with
environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the environment
so that America can enjoy continued environmental improvement at reasonable cost
Objective: Support initiatives by responsible companies,
state and local governments, communities, federal
agencies and other regulated parties to demonstrate
excellence and Leadership by reducing costs of
environmental management and achieving better
environmental results than required by existing
regulations.
Background: Numerous firms, facility managers and
communities have determined that routine application of
national environmental requirements is not always the best
solution to their environmental problems. In particular,
those with a record of environmental leadership have
found that substantial cost savings can sometimes be
realized, and environmental quality enhanced, through
more flexible approaches involving locally designed, site
specific pollution prevention. For example, a company
may find that upgrading its wastewater treatment system
to meet Clean Water Act technology-based requirements
would have less of an impact on water quality than
instituting a broad pollution prevention strategy that
reduces wastewater as well as air emissions and solid
waste, resulting in greater overall environmental
protection.
Description: On a demonstration project basis, EPA will
support projects to replace existing regulatory
requirements with alternative environmental management
strategies where the regulated entity (either a facility, an
industrial sector, a community, or a government agency-
regulated by EPA) can demonstrate that such strategies
will achieve better environmental results than are expected
to be achieved under existing law. In deciding whether to
approve a particular strategy. EPA will consider the extent
to which the project sponsor has involved stakeholders in
developing the project. The final strategy will be
embodied in a final project agreement and will contain
provisions that will allow all the stakeholders to monitor
progress. This initiative is intended to allow
environmental leaders to test creative, common sense
ways of achieving superior environmental protection at
their facilities and in their communities. EPA is
committed to using the information from XL pilots to
develop better regulations. Potential benefits of this
initiative include:
• Increased flexibility' to adopt innovative solutions to
environmental problems.
• Increased (and more cost-effective) environmental
protection.
• Improved compliance and increased use of innovative
technologies.
• Expanded use of waste minimization and pollution
prevention strategies.
• A more cooperative relationship between regulators,
the facility, and the community.
Accomplishments to Date-
• 32 facility, 5 community applications received.
• 12 facility project sponsors selected
• 1 community- sponsor selected.
Next Steps:
• Develop and sign Final Project Agreements with
selected sponsors.
• Select and develop and sign final project agreements
with at least 50 XL project sponsors (including
facilities, sectors, communities and agencies).
• On an ongoing basis, incorporate project findings in
regulator.' and legislative proposals.
Project XL information- 202/260-8590
Internet: hnp./'/wvrw.epa.gov/ProjectXL (for Facilities)
(coming soon: " TrojectXLC (forCommumties))
1.1
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United States
Environmental Protection
Agency
Office of the Administrator
Publication: 100-F-96-012
May 1996
&EPA Common Sense Initiative
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: To find ways to achieve a cleaner
environment at less cost through consensus-based
approach from the vantage point of individual
industries.
Background: The current system of environmental
regulation in the U.S. is the most advanced m the
world and has achieved a great deal over the past 25
years. Many of the most glaringly obvious crises have
been cleaned up.
However, the current U.S. regulatory system addresses
air, water and land separately, frequently shifting and
shuffling pollution without preventing it As a result,
U.S. businesses spend close to $30 billion on
environmental compliance in 1992, but still released
over three billion pounds of toxic emissions. Today' s
less obvious, more complicated problems require a
new approach to environmental protection.
Description: The Common Sense Initiative (CSI) is a
fundamentally different vision of environmental policy
which will move the Agency beyond the traditional
single media, one-size-fits-all approach to
environmental and public health protection toward a
holistic, industry-by-industry approach that looks
across environmental media.
EPA has convened representatives from federal, state,
and local governments, environmental groups,
environmental justice groups, labor, and industry to
examine the full range of environmental requirements
impacting six pilot industries — automobile
manufacturing, computers and electronics, iron and
steel metal finishing, petroleum refining, and printing.
These six teams are developing new strategies for
environmental and public health protection with an
emphasis on pollution prevention instead of end-of-
pipe solutions.
The CSI industrial sector tgamg are each running
projects testing ways to: create alternative regulatory
systems; reduce duplicative reporting requirements;
streamline the permits process; improve community
involvement in facility-related environmental decision-
making; find incentives for and eliminate barriers to
pollution prevention; and provide more flexibility in
how regulatory standards are met.
CSI reflects the EPA's commitment to setting strong
environmental standards while encouraging common
sense, innovation, and flexibility in how they are met.
CSI Sectors are currently testing:
• A streamlined, consolidated reporting alternative
for petroleum refiners that provides data in a form
that is easy for communities to understand;
• New ways to assess and clean up iron and steel
sector "brownfields" - abandoned, potentially
contaminated industrial properties - and return
them to productive economic use;
• Ways to ease for the computers and electronics
sector achievement of pollution prevention,
recycling and water conservation under hazardous
waste regulations;
• Protective ways to reduce the costs and burdens of
compliance with specific clean air regulations in
the auto manufacturing sector,
• A consolidated permit system for the printing
sector that will improve protection of worikers and
the environment and provide these small
businesses with operational flexibility; and
• Flexibility for environmentally responsible metal
finishing sector firms to achieve "beyond
compliance" environmental performance.
CSI Program Staff: 202-260-7417
internet: http ://www. epa. gov/CSI/CSI/
1.2
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&EPA
'A 100-F-96-002
Community-Based
Environmental Protection
United States Environmental Protection Agency
May 199
Introducing CBEP
Over the past twenty-five years EPA has achieved remarkable progress using nation-wide standards to protect
the environment. We recognize, however, that even if there were perfect compliance with all environmental laws
and regulations, we would still see many disturbing environmental trends. One reason is that many problems
result from a multitude of dispersed sources of pollution (for example, automobiles or run-off from cities, suburbs
and agriculture). These problems are more difficult to control with traditional "end of the pipe" regulation than
are large, industrial sources of pollution. Another reason is that we recognize the need to treat all the resources
in a place - air, water, land, and living resources - as inter-connected parts of a system. And finally, not all parts
of the country have the same problems or need the same kind of solutions. To continue our progress, we therefore
must lay the foundation for a new generation of environmental protection.
Community-Based Environmental Protection (CBEP) is an approach that EPA is taking to improve the
effectiveness of our nation-wide regulations and other environmental programs Our goals are to assess and
manage the quality of air, water, land and living resources in a place as a whole, to better reflect regional and local
conditions, and to work more effectively with our many partners in environmental protection - public and private.
EPA's role in the CBEP approach will vary from place to place and issue to issue - just as it has under past
approaches to environmental protection. In some places (e.g., those which cross state boundaries or which are
nationally important) EPA may lead the effort. In other places, EPA will be an active partner in designing and
implementing effective environmental solutions. In many places, EPA will support and assist the efforts of others
by providing environmental information, monitoring systems, scientific analysis and other types of assistance.
How CBEP Works: The CBEP approach tailors
environmental programs to address the problems of
a particular watershed, ecosystem, or other place.
CBEP is designed to maximize the use of scarce
resources, encourage local support, and consider the
economic well-being of communities.
Description: The following are key components of
Community-Based Environmental Protection:
• A Geographic Focus allows for a more
comprehensive approach to environmental
protection. EPA staff from various program
offices will work together to assist our many
partners with priority environmental problems
whether they be air, water, or land issues -- or a
combination of these concerns.
A Focus on Environmental Results is made
easier by geographic boundaries. Our goal is to
measure environmental improvement in the area
of concern In many cases this means looking
beyond facility-by-facility progress and identi-
fying overall environmental improvements and
trends.
Partnerships and Stakeholder Involvement.
CBEP partnerships may include representatives
from all levels of government, public interest
groups, industry, academic institutions, private
landowners, concerned citizens, and others. We
envision that these relationships established with
regional and community organizations will bring
about a better understanding of environmental
problems as well as more effective solutions.
CBEP FACT SHEET SERIES
MAY 1996
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Progress to date:
• All EPA Regional Offices and Headquarters
Program Offices submitted Action Plans for
supporting CBEP in December, 1995.
• EPA Headquarters offices are supporting the
Regional CBEP efforts by providing additional
budget flexibility to the Regions.
• An important aspect of CBEP is working more
closely with state and local organizations. Each
Regional CBEP Action Plan described ways to
be more responsive to state and local needs.
• EPA is working to develop Performance
Partnerships Agreements with states to work
together to tailor the programs' requirements to
individual state and local/community needs while
emphasizing a more integrated approach to
environmental protection.
• Efforts to develop effective information and
technical tools for CBEP are under way
throughout the country.
Examples of CBEP Projects. Projects are under
way in major cities and smaller rural areas.
Examples include:
Clear Creek, CO - a partnership of local
organizations, private citizens, industry, and several
agencies to protect the Clear Creek Watershed
which covers roughly 600 square miles. Actions
taken to restore the river include Superfund remedial
actions and voluntary cleanups, wetlands planning,
mapping of endangered species, land use plans,
water quality projects, and an emergency dial-down
system to inform water users when spills have
occurred in the creek.
St Louis, MO and East SL Louis, IL - an effort to
enhance communication and coordination among the
many agencies involved in environmental issues in
the St. Louis Metropolitan area. The goal is to
promote creative solutions to environmental
problems such as hazardous and radioactive sites.
poor air quality, wetland and npanan management
issues, and water quality issues. Actions taken
include creating multi-media teams within EPA to
work on issues in the area, as v\ ell as hiring an on-
site liaison in response to community requests for
more regular contact.
Brunswick, GA - an initiative to use regulatory and
non-regulatory approaches to assess the
environmental condition of the area and respond to
environmental problems. Issues include mercury
and PCB contamination in creeks, hazardous waste,
and potential air quality problems. Actions taken
include a strategy to reach across media-specific
programs in a coordinated ecosystem protection
manner; expanded site assessments; and sampling
of surface water, sediments, fish tissue, private
wells, and marshes in the area.
Henryetta, OK - a partnership with city and state
agencies and a citizens advisory group to address
concerns about: the redevelopment of an abandoned
mining and smelter site owned by the city; solid
waste collection and recycling issues; and drinking
water and wastewater delivery svstems.
For More Information:
Visit EPA's CBEP Internet Home Page at:
http://earthl.epa.gov/ecosystems/
Region 1 (CT, MA. ME. NH, RI, VT)
Rosemary Monahan (617) 565-3551
Region 2(NJ. NY, PR, VI)
Rabi Kieber (212) 637-4448
Region 3 (DC, DE, MD, PA, VA, WV)
Dominique Lueckenhoff (215) 566-2738
Region 4 (AL. FL, GA, KY, MS, NC, SC, TN)
Cory Berish (404) 347-3555 x6770
Region 5 (IL, IN, MI. MM, OH, WI)
Manlou Martui (312) 353-9660
Region 6 (AR, LA, NM, OK, TX)
Cindy Wolfe (214) 665-7291
Region 7 (IA, KS, MO, NE)
Donna Sefton (913) 551-7500
Region 8 (CO. MT. ND, SD. UT, WY)
Karen Hamilton (303) 312-6236
Region 9 (AZ. CA, HI, NV, AS, GU)
Demse Zvanovec (415) 744-1612
Region 10 (AK. ID, OR, WA)
Rick Parkin (206) 533-8574
Headquarters' (202) 260-4002
CBEP FACT SHEET SERIES
MAY 1996
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\
United States
Environmental Protection
Agency
Office of Policy
Planning, & Evaluation
Publication: 100-F-96-013
May 1996
SEPA Industrial Communities Project
(Industry Strategies Division)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making
with all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden
of complying with environmental requirements. Through reinvention, EPA is improving the way mat it protects
public health and the environment so that America can enjoy continued environmental improvement at reasonable
cost.
Objective: Develop a "place-based" approach to
improve environmental protection programs in a
heavily industrialized and densely populated region
in a manner consistent with local economic and
community priorities.
Background: Heavy industrialization implies the
potential for both pervasive historical contamination
and continuing industrial pollution in an area. In
areas that are also densely populated there exist
potentially large numbers of people that may both
generate and be affected by pollutioa This
combination creates a unique challenge to
environmental protection efforts.
Description: In the Industrial Communities Project
EPA has gathered information from more than 100
regional leaders — including state and local
government officials and representatives of
environmental, academic, business, and economic
development groups — in order to identify key
factors that directly affect environmental planning
decisions in the densely populated and heavily
industrialized area of northeastern New Jersey'. The
factors identified include issue fragmentation.
geographic fragmentation, limited public and private
financial resources, a tradition of adversarial
relationships between stakeholders, the
environmental impacts of past decisions and
practices, regulatory barriers, and incomplete
information.
Drawing upon the regional stakeholder group, EPA
then identified several policy recommendations: (1)
promote the coordination of the various planning
efforts that are already underway within the region;
(2) provide better information to all stakeholders;
(3) provide the correct incentives for citizens and the
regulated community to make environmentally
sound, cost-effective decisions; (4) increase
flexibility to enhance environmental protection; (5)
recognize environmentally progressive companies;
(6) assist the New Jersey Department of
Environmental Protection to address areas of
stakeholder concern; (7) develop alternative finance
mechanisms for environmental improvements.
Accomplishments to Date:
• Completed and distributed Industrial
Communities: Stakeholder Perspectives on
Strategies for Sustainability in Northeastern
New Jersey report.
Next Steps:
• Assist New Jersey Department of Environmental
Protection in revising permitting procedures for
complex, multimedia sites to enhance public
participation and provide better service to all
stakeholders, then evaluate results.
• Analyze changes in the time and resources
required for permitting procedures under the
traditional and revised permitting approaches.
EPA Contact Robert S. Benson 202-260-8668
benson.robert@epamail. epa.gov
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United States
Environmental Protection
Agency
Office of Policy,
Planning, and Evaluation
PubJication: 100-F-96-015
May 1996
"EPA Sustainable Industry Project
(Industry Strategies Division)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying with
environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the environment
so that America can enjoy continued environmental improvement at reasonable cost.
The primary goal of the Sustainable
Industry Project is to develop, test, and implement
industry-specific policy recommendations that will
remove barriers to innovation and provide incentives
for better environmental performance. The
recommended policies and programs are intended to
achieve a culture change in the industries, among firms
of all sizes, in the form of long-term corporate
commitments to achieve cleaner, cheaper, and smarter
environmental performance.
Rar If ground: The Sustainable Industry Project
represents a new approach to development of
environmental policy for industry. The project's
premise is that new environmental policies for industry
must be based on a thorough understanding of the
complex set of corporate traits and decision-making
factors mat are unique to individual industrial sectors or
types of companies. By working with many different
stakeholders to develop this understanding, EPA can
design policies that will protect the environment and
human health while fostering competitive and
sustainable industries.
Overview of the. Projert- The Sustainable Industry
Project utilizes a unique methodology to address the
needs and opportunities of different industrial sectors.
EPA develops a complete understanding of the selected
industries, including all traits and trends that may
promote or hinder environmental improvements. This
knowledge base includes corporate decision-making
factors - the greatest incentives (drivers) and obstacles
(barriers) to improved environmental performance.
Policy recommendations address these industry-specific
leverage factors, so as to promote cleaner, cheaper,
smarter environmental results over the long-term.
Stakeholder input is an essential part of the project.
EPA develops a cooperative dialogue with representa-
tives of industry, government, labor, and the general
public. The input of these stakeholders provides the
basis for building public/private partnerships to
implement new policies effectively.
Accomplishments tn Date- EPA started the Sustainable
Industry Project in 1993. Analysis of the metal
finishing, photoimaging, and thennoset plastics
industries is summarized in a 1994 report. Since the
completion of that report, the Agency has developed a
number of project, to address sector-specific drivers and
barriers. For metal finishing, these activities are
ongoing through EPA's Common Sense Initiative. In
1995, EPA added the chemical manufacturing sector to
Sustainable Industry, conducting driver/barrier analysis
of commodity chemical firms. This work has lead
directly to a reinvention project with Union Carbide
Corp. under the Agency's Project XL.
Next Steps- EPA will continue to address regulatory
issues for the thermoset plastics and photoimaging
industries, and will refine the selection criteria for new
Sustainable Industry sectors. The Agency also will
develop a number of pilot projects:
• Union Carbide Environmental Management System
(EMS) Pilot. In parallel with the Project XL effort,
EPA's stakeholder group will explore ways to use
EMS's to improve environmental performance and
reduce regulatory burden at the UCC plant and
throughout the industry.
• Indiana Thermoset Plastic EMS Project. EPA's
driver/barrier analysis showed thai EMS-based best
management practices could greatK improve the
eco-efficiency of these relatively small firms. This
project will test those impacts, working with state
and other stakeholders.
• Specialty Chemical Project in New Jersey. EPA
will conduct an in-depth driver/barrier analysis of
relatively small, batch chemical manufacturers (and
other stakeholders) in a specific geographic area,
leading to pilot projects that will test and implement
innovative policy ideas.
FPA Cnntart: Daniel J. Fiorino, Office of Policy,
Planning and Evaluation; 202-260-2747.
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United States
Environmental Protection
Agency
Office of
Policy, Planning
and Evaluation
Publication: 100-F-96-016
May 1996
SEPA Environmental Technology Initiative
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved, to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying with
environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the environment
so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Make EPA's regulatory framework friendly
towards innovative technology.
Background; The current stock of environmental
technologies is not adequate to solve many of today's
environment problems, let alone the daunting challenges
that he ahead. Better and more economical
technologies are needed to protect public health and the
environment at an affordable cost.
EPA's regulatory programs, however, often hinder
technology innovation by making it difficult or
undesirable for the private sector to develop and use
improved pollution prevention., remediation, and control
techniques. Earners to technology innovation stem
from narrow, inflexible, and overly prescriptive
regulations that "lock in" yesterday's technology;
lengthy and unpredictable permitting requirements that
penalize those who wish to try something new; and the
lack of "soft landings" for promising new technologies
to work out problems the first time they are used
Description President Clinton's Environmental
Technology Initiative (ETT), announced in the 1993
State of the Union address, promotes technology
innovation as a means to better, more rehab le, cleaner,
and lower cost ways to protect the environment and
public health while increasing economic opportunity.
fostering the creation of new jobs and businesses, and
contributing to the U.S industry's ability to compete
globally
ETI focusses. for example, on ways to lower the cost of
monitoring and treating drinking water quality.
preventing pollution in small businesses, reducing
harmful exposures to air and water pollution, and clean-
up contaminated sites sooner, at lower cost. Several
ETI projects provide wa\s for companies to voluntarily
and profitably reduce emissions of greenhouse gases.
ETI focusses on opportunities where better
technological solutions vield better environmental
quality and public health protection through innovative
public-private partnerships.
By supporting state, local, and private efforts to find
innovative technological solutions to their
environmental problems, ETI plays an integral role in
EPA's efforts to reinvent regulation by moving from
"command and control" approaches to new, more
flexible, performance-based systems ETI is providing
incentives and removing barriers to using new
technologies - actions that can move the regulated
community "beyond compliance," cutting the cost of
meeting federal and state standards, while gaining
superior environmental results.
Accomplishments to Date:
• During 1994 and 1995, ETI invested $104 million
in 274 projects, including regulatory, permitting,
monitoring, record keeping and enforcement-related
reforms designed to provide greater incentives for
innovation and more flexibility to implement better
environmental solutions
Next Steps. Building on our current portfolio and
targeting public health problems, ETI will (pending
Congressional approval) fund partnerships to break
down policy barriers, help States reinvent permitting,
give States grants for removing barriers, make faster
and more flexible monitoring approval processes,
continue building the Investigator-Initiated Grants
Program, enhance the EPA Technology Verification
Program(s), provide technical assistance to small
businesses, support Compliance .Assistance Centers.
improve global environmental quality and increase
exports
ETI Information Line 202. 260-2686
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United States
Environmental Protection
Agency
Office of
the Administrator
Publication 100-F-96-060
May 1996
v°/EPA Statutory Integration Project
(Office of the Administrator)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on unproved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying with
environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the environment
so that America can enjoy continued environmental improvement at reasonable cost.
Background In 1995 the National Academy of Public
Administration (NAPA) issued a report entitled "Setting
Priorities, Getting Results A New Direction for EPA."
One of the recommendations from the NAP A study and the
subject of a subsequent request from the Senate
Appropriations Committee was that EPA investigate and
submit to Congress a proposal for a unified environmental
statute EPA has formed a team to coordinate its response
to this NAPA recommendation and the Appropriations
Committee request and to serve as a liaison to other groups
undertaking similar efforts The team is comprised of
several individuals serving on detail to the Office of the
Administrator
Purpose: The purpose of the Statutory Integration Project is
to provide EPA senior managers, Congress, and
stakeholders with accurate and understandable information,
analysis, and advice on the need for and possible
mechanisms for better integrating environmental statutes
While NAPA recommended that the Agency develop a
proposal for a unified statute, EPA believes that analyzing
and presenting a range of alternatives for increasing
statutory integration will provide greater benefit to the
Agency and its stakeholders. Examples of alternatives to be
explored include one or more versions of a unified statute,
a "unifying statute" that would supersede for some
purposes, but not replace, existing statutes, and a
coordinated set of incremental changes to current statutes
that would increase the ability of regulators and the
regulated community to integrate across them.
Approach The team has initiated several tasks to provide a
basis for the development of integration options
• A comparative legal analvsis of current statutes to
identify kev areas of consistency and inconsistency
Development of several case studies to illustrate both
the benefits and limitations of EPA's current starutorv
and regulators framework when applied in a
multi-media setting
• Review and analysis of selected multi-media activities
undertaken by EPA, States, or others that will provide
facts on current legal barriers to integrating our
authorities
• Review of other countries' experience in developing and
operating integrated approaches to environmental
management.
• Interviews with Agency managers and staff and external
stakeholders to solicit information and perspectives on
the need for improved integration and mechanisms for
achieving it.
Relationship to Other Initiatives Other EPA reinvention
efforts, such as Project XL, the Common Sense Initiative,
Community-Based Environmental Protection, Performance
Partnerships, and many more, are promoting
common-sense, integrated approaches to environmental
management. Lessons learned from these and other
ongoing initiatives within and outside EPA will be fed into
the team's analysis .Also, to maintain an open process and
gam input from experts and stakeholders, the team has
committed to making as many of its interim products as
possible available inside the Agency and to outside parties,
including other groups addressing integration of
environmental statutes The Agencv has not yet established
a schedule for delivery of final products from the project
EPA Contact. David Ziegele, 202,260-6736
e-mail, ziegele davtd^epamail epa gov
18
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United States
Environmental Protection
Agency
Office of Water
Publication: 100-F-96-017
May 1996
5-EPA Effluent Trading in Watersheds
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so mat America can enjoy continued environmental improvement at reasonable cost
Objective: Implement effluent trading on a national
scale as a cost-effective approach for reducing water
pollution.
Background: Under the Clean Water Act, "point
source" dischargers (industrial and municipal facilities
that discharge wastewater through pipes into rivers and
streams) are required to reduce pollution to meet water
quality standards. Dischargers have traditionally met
these standards uniformly at each discharge pipe
Under an effluent trading program, a discharger that
can reduce pollution below the minimum level required
to meet water quality standards can sell its excess
pollution reductions to other dischargers within die
same watershed. This can have several desirable
effects. First it allows dischargers to take advantage of
the economies of scale and the treatment efficiencies
that vary from discharger to discharger; thus, it may
reduce the total cost of compliance for all dischargers
in the watershed. Second, it creates an economic
incentive for dischargers to go beyond minimum
pollution reductions and encourages pollution
prevention. Finally, by encouraging more timely action
to reduce pollution, it may prevent future environmental
degradation more effectively than traditional
command-and-control approaches.
Trading programs can also be established for other
sources of water pollution, including "nonpoint sources"
(e.g., run-off from farms) and "indirect" dischargers
(companies whose wastewater is treated by a municipal
sewage treatment plant).
Depending upon the type of effluent trading
implemented, the cost savings can be considerable.
EPA has estimated potential cost savings for three types
of effluent trading:
• $611 million to $5.6 billion for point
source/nonpoint source trading
• $8.4 million to $1.9 billion for point source/point
source trading
• $658 million to $7.5 billion for trading among
indirect dischargers
Description: EPA will encourage effluent trading by:
• Establishing a framework promoting different types
of effluent trading
• Issuing policy guidance to permit writers confirming
EPA support for effluent trading for pollution
reduction above technology-based minimum levels
• Providing technical assistance in preparing analyses
of the total amount of permissible pollution in a
watershed (the technical cornerstone for water
quality analysis and watershed trading)
Accomplishments to date
• Issued policy statement on January 19, 1996.
Next Steps
• Issue draft framework guidance detailing potential
trading scenarios
• Conduct information exchange workshops widi
interested stakeholders.
• Conduct permit writers workshops to encourage
trading where appropriate.
EPA Contact: Mahesh Podar 202/260-5387
e-mail: podar.mahesh(^epamail.epa.gov
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Unted States
Environmental Protection
Agency
Office of
Air and Radiation
Publication: 10O-F-96-018
May 1996
<&EPA Open-Market Air Emission Trading
(Office of Air Quality Planning and Standards)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen die burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so dial America can enjoy continued environmental improvement at reasonable cost
Objective: Establish an open trading market that will
allow for attainment of the ozone air quality standard at
far less cost.
Background: Emissions trading is a way of reducing
pollutant emissions to the environment by applying
pollution reduction measures at the places where
reductions are most cost effective. A facility can avoid
costly compliance measures by reducing emissions at
points where it is most cost effective to do so, rather
man apply controls where costs are more expensive, so
long as equivalent or greater reductions are made.
The current ozone control program has focused on a
combination of technology-based mandatory measures
and State plans that historically have discouraged
flexible emission trading programs. In response. EPA
has already- issued regulations and guidance to
encourage development of economic incentive
programs, helped develop an emissions trading market
in soudiern California, and sponsored demonstration
projects in the Northeast and elsewhere.
We now believe we have enough experience with
trading concepts to provide clear EPA positions that
would encourage economic approaches while ensuring
equal or better environmental results. EPA's issuance of
a generic trading rule would go a long way towards
persuading states to adopt such measures.
Description. EPA has proposed a policy statement and
model trading rule for ozone-creating pollutants
(volatile organic compounds and nitrogen oxides) that
will provide far more flexibility than ever before for
companies to trade emission credits widiout prior state
or federal approval.
Any State that adopts an identical rule will receive
automatic EPA approval. Once in the state plan,
companies may freely engage in trades without prior
regulatory agency approval as long as emissions
tracking and accountability protocols are followed in
accordance with the rule.
The guidance provided in this generic rule will also
serve to facilitate adoption by states of emissions
budget or cap-based trading programs.
Federal leadership in crafting model rules and guidance
will permit States to exploit the significant
opportunities for market-based programs inherent in the
1990 amendments
Accomplishments to date
• Proposed policy statement and model rule published
in Federal Register on August 3, 1995, and August
25, 1995, respectively.
• Senes of public hearing, workshops and outreach
meetings held August 1995 through February 1996.
Next Steps:
• Final policy statement.
• Further public outreach.
EPA Contact: Nancy Mayer 919/541-5390
e-mail: mayer.nancy@epamail.epa.gov
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United States
Environmental Protection
Agency
Office of
Solid Waste &
Emergency Response
Publication: 100-F-96-019
May 1996
Brownfields Initiative
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved environmental
results, allowing flexibility in how results are achieved; to share information and decision-making with all stakeholders; to create
incentives for compliance with environmental requirements; and to lessen the burden of complying with environmental
requirements. Through reinvention, EPA is improving the way that it protects public health and the environment so that America
can enjoy continued environmental improvement at reasonable cost
Objective: Empower States, communities, and other
stakeholders in economic redevelopment to work together
in a timely manner to prevent, assess, safely clean up, and
sustainably reuse brownfields.
Background: Brownfields are abandoned, idled, or under-
used industrial and commercial facilities where expansion
or redevelopment is complicated by real or perceived
environmental contamination. Left unaddressed, this
threat can spiral into the declining property values and
increased unemployment so often found in inner-city
industrial areas, while business and industry target
relatively pristine ex-urban "greenfield" areas for
development and expansion instead.
Description: EPA is working with States, cities,
community representatives, and other stakeholders to
address barriers to effective brownfields assessment,
cleanup, and redevelopment. The Agency's January 1995
Brownfields Action Agenda identified a comprehensive
approach to resolving the dilemma of brownfields. The
Brownfields Action Agenda can be grouped into four
broad and overlapping categories:
• Brownfields Pilots - 50 grants of up to $200,000
each to conduct site assessment and explore
redevelopment barriers and solutions will have been
awarded to States, cities, towns, counties or Tribes by
the end of 1996.
• Clarification of Liability Issues - A significant barrier
to assessing, cleaning up and redeveloping
brownfields is apprehension about inheriting cleanup
liabilities. EPA is clarifying liability issues to
encourage the purchase, assessment cleanup and
redevelopment of these sites.
• Partnerships and Outreach — EPA is building
partnerships with other Federal agencies. States,
cities, for-profit and non-profit organizations to assure
a coordinated approach to the assessment, cleanup
and redevelopment of brownfields.
• Job Development and Training — EPA is working
with community colleges and others to develop long-
term plans for fostering workforce development
through environmental education, recruitment of
students from disadvantaged communities, and quality
worker training
On March 11, 1996, the President announced a
Brownfields tax incentive that would, by allowing
environmental cleanup costs to be fully deducted in the
year in which they are incurred, encourage the
assessment cleanup and redevelopment of brownfields
across the country. If adopted, the incentive would
leverage an estimated $10 billion in private investment
and return 30.000 brownfields to productive use.
Accomplishments to Date:
• Awarded 40 Brownfields pilots.
• Identified 27,000 of 40,000 sites as not of federal
interest, and available for cleanup and redevelopment
• Released several Enforcement guidance and policy
documents clarifying liability concerns for non-
polluters.
• Established formal and active partnerships with other
EPA reinvention activities, community groups, and
several federal and state agencies.
• Initiated education and training programs to reduce
unemployment in communities affected by
brownfields across the county.
• Hosted the Brownfields Pilots National Workshop in
February 1996, to explore with over 300 stakeholders
from around the country the successes, issues, and
next steps for the Brownfields Pilots and Initiative.
Next Steps:
• Continue to develop and communicate the enormous
changes targeted at assessing and cleaning up
brownfields.
EPA Contact: Mary Culler 202-260-9347
e-mail: culler.mary@epamail.epa.gov
Internet: http://www.epa.gov/swerosps/bf
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United States
Environmental Protection
Agency
Office of
Prevention, Pesticides
and Toxic Substances
Publication: 100-F-96-020
March 1996
Design for the Environment:
The Green Chemistry Challenge
Quick Reference Fact Sheet
(Economics, Exposure and Technology Division)
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen die burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: Promote pollution prevention and industrial
ecology through a new EPA Design for the Environment
partnership with the chemical industry.
Background Design for the Environment partnerships
with the chemical industry can encourage changes that both
promote economic development and benefit industry by
helping find cost-effective ways to prevent pollution.
Description: The Green Chemistry Challenge was
established specifically to recognize and promote
fundamental breakthroughs in green chemistry, i.e
chemistry that accomplishes pollution prevention goals and
is useful to industry. The Green Chemistry Challenge
includes:
• The use of alternative synthetic pathways that utilize, for
example, natural processes or more innocuous and
renewable feedstocks.
• The use of alternative reaction conditions that, for
example, have a reduced impact on human health and
the environment or are more selective
• The design of chemicals that are, for example, less toxic
than current alternatives or inherently safer with regard
to accident potential
The challenge is for industry to find cleaner, cheaper, and
smarter ways to produce the materials we depend on EPA
will work cooperatively with industry to establish this
program, provide technical assistance in designing safer
chemicals and processes, and track the reductions achieved
in the manufacture, use, and release of harmful chemicals.
Publicity associated with the Green Chemistry Challenge
Awards Program and the industrially- and economically-
viable chemical alternatives made available through green
chemistry research grants can provide a strong incentive for
broad industry cooperation.
Accomplishments to Date.
• The Green Chemistry Challenge stakeholders group was
formed in June, 1995
• The scope and objectives of the Green Chemistry
Challenge were finalized in partnership with
stakeholders in August, 1995. The scope and objectives
define the goals of the Challenge and describe the types
of chemistry that will be recognized and promoted
• The Green Chemistry Challenge Awards Program
selection catena and nomination procedure were
finalized in partnership with stakeholders in October,
1995.
• Nominations for the first Green Chemistry' Challenge
Awards were solicited in November, 1995
• Nominations received through January, 1996, for the
first Green Chemistry Challenge Awards were judged
by the American Chemical Society in February, 1996
Next Steps
• The first Green Chemistry Challenge Awards will be
announced at a White House ceremony during the April,
1996 Earth Day celebrations
• The 1996 Request for Applications package for green
chemistry research grants is currently available through
EPA's Office of Research and Development.
EPA Contact. Paul T. Anastas or Tracy C. Williamson,
202/260-2659
e-mail: -Williamson. tracy@epamail. epa.gov
1.40
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PARTNERSHIPS
Increasing community participation and use of partnerships to achieve goals
Page
Communities Compliance Incentives for Small Communities 2.1
Expand Use of Risk Assessment in Local Communities 2.2
Sustainable Development Challenge Grants 2.3
Partnerships Flexible Funding for States & Tribes 2.10
Putting Customers First 2.11
Regulatory Negotiation and Consensus-based Rulemaking 2.12
WasteWise 2.13
33/50 2 14
Information Center for Environmental Information and Statistics 2.20
Environmental Forecasting 2.21
Public Electronic Access 2.22
Environmental Accounting Project 2.23
Consumer Labeling Initiative 2.24
Goals National Environmental Goals Project 2.30
Government Performance and Results Act 2.31
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United States
Environmental Protection
Agency
Office of
Enforcement and
Compliance Assurance
Publication: 100-F-96-021
May 1996
v°xEPA Compliance Incentives for
Small Communities
(Office of Compliance)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way mat it protects public
health and the environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: Promote environmental compliance among
small communities. EPA will encourage states to
offer small communities incentives to seek compliance
assistance and promptly correct violations. These
incentives include allowing prioritization among
environmental mandates; extended time, if necessary,
to correct violations; and possible waiver of part or all
of the penalty for noncompliance.
Background: Thirty percent of Americans live in
towns with populations of 2,500 or less. Many such
small communities want to protect human health and
the environment but lack the administrative, technical,
or financial capacity to ensure their environmental
compliance. Some are reluctant to ask for help
because they are afraid of triggering an enforcement
response. Marry require financial assistance to achieve
full compliance even without the additional burden of
paying a penalty Providing compliance assistance
and permitting risk-based prioritization will advance
economic efficiency by allowing small communities to
devote limited resources to compliance, focusing on
their worst environmental problems first.
Description: EPA will defer to a state's decision to
provide a small community compliance assistance and
waive part or all of the noncompliance penalty if the
state acts within the broad guidelines of the policy
The community must be working in good faith to
correct its environmental violations, in order of risk-
based priority, as soon as is reasonably possible.
Violations or circumstances that present an imminent
and substantial endangerment to public health or the
environment must be addressed immediately. If all of
the community's violations cannot be corrected in 180
days, the state and the small community must enter
into a written and enforceable compliance agreement
and schedule that requires compliance by a specified
date. EPA reserves its rights to act in response to
imminent and substantial endangerments that the
community has not adequately addressed, and if the
small community fails to make reasonable progress
toward compliance This policy does not apply to
violations that are criminal in nature.
Accomplishments to Date:
• Policy on Flexible State Enforcement Responses to
Small Community Violations issued November 29,
1995.
Next Steps
• Assist states in implementing the policy.
EPA Contact. Kenneth Harmon 202/564-7049
e-mail: harmon.kenneth@epamajl.epa.gov
2.1
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United States
Environmental Protection
Agency
Office of
Research and Development
Publication: 10O-F-96-022
May 1996
<>EPA Expand use of Risk Assessment
in Local Communities
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: Promote risk-based decision making in
communities and States by providing training and
easy-to-use risk assessment tools.
ackground: EPA uses risk assessment in most of its
Decisions — from setting standards to clean-up of
contamination. However, while some States and
communities are proficient in risk assessment, most are
not. The general public is not familiar with how risks
are assessed, what assumptions are being made, and
how they affect me outcome. Simplification of risk
assessment methods and development of tools that
non-specialists can understand and apply is needed so
that risk assessment can be used more broadly as one
tool to inform local decision-making.
Description: EPA will work with communities and
states to identify available tools that meet specific
community needs. This project will initially focus on
four activities:
• Computer programs — EPA will make available
computer software, including the "Risk Assistant"
program, that allows communities to perform
simple nsk assessments.
• Data bases — There are a number of data bases,
such as the Integrated Risk Information System
(IRIS), that contain information about specific
chemicals and that are used in preparing nsk
assessments. The combined use of these data bases,
community-specific exposure information, and
simple nsk assessment programs will enable
communities to conduct risk assessments. EPA will
develop a simple, consolidated user friendly data
base (on a CD ROM) that can be supplied to
communities at cost.
Training and information materials — While the
computer program and the data bases will allow
risk assessments to be done in a much easier
fashion, training and background information on
risk assessment are also needed. EPA will prepare
a set of background documents on risk assessment
and a training course on the application of risk
assessment tools Ultimately, EPA plans to develop
a self teaching course using video and other
electronic means.
Comparative nsk techniques — The comparison of
risks involves combining technical aspects of risk
assessment wim social values. EPA will continue to
develop comparative risk approaches, through state
and local demonstration projects.
(Continued on next page)
2.2
-------
Accomplishments to Date
• Signed cooperative agreement with the National
Governors Association (NGA) and the
International City/County Managers Association
(ICMA) to evaluate risk assessment needs and
capabilities of states and communities in September
1995.
• Contacted selected communities and states to gain
a better understanding of local government needs
and interests in risk assessment.
• Demonstrated "Risk Assistant" program at various
conferences and workshops.
• Disseminated information on risk assessment tools
and resources available to local governments and
states.
Next Steps
• Continue to identify, demonstrate, and make
available risk assessment resources and tools,
including "Risk Assessment" program that might
prove useful to local governments.
• Develop a community resource guide for risk
assessment
• Conduct risk assessment training workshops for
variety of communities.
• Begin cross-Agency group that addresses findings
from NGA and ICMA.
EPA Contact: Jane Metcalfe 202/260-9205
e-mail: metcalfejane@epamail. epa.gov
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United States
Environmental Protection
Agency
Office of
Regional Outreach and
State/Local Relations
Publication: 100-F-9&O23
May 1996
c/EPA Sustainable Development
Challenge Grants
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on unproved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Encourage communities, through broad
and open community involvement and investment, to
meet their present needs without compromising the
needs of future generations.
Background: Significant accomplishments to improve
the environment have occurred over the past 20 years.
To ensure continued progress in environmental
protection, EPA wants to help localities develop
comprehensive, placed-based strategies that relate
sustainable economic development with sound
environmental practices. The concept of this pilot
grants program is to build on existing community
efforts to improve their quality of life
The intent is to spark innovative and sustainable
economic development which is linked to
comprehensive ecosystem management and
environmental performance. These grants will provide
seed funding to catalyze formation of a coalition of
stakeholders who will develop and implement a
program to comprehensively address local
environmental problems.
Description: Patterned after the Empowerment
Zone/Empowerment Community Initiative, this
sustainable development challenge grant will be a
nationwide competition. Funds will be awarded to
projects that leverage public and private community
investment to improve environmental quality while
enhancing economic prosperity and social equity at the
local level.
Accomplishments to Date:
• Funding for Sustarnable Development Challenge
Grants is included in the President's fiscal year
1997 budget request.
Next Steps:
• Pending Congressional approval of EPA's 1997
budget request, announce the competition, assess
the applications, and award the grants.
EPA Contact Pam Hun 202, '260-2441
e-mail: hurtpanrQepamcnl. epa.gov
2.3
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United States
Environmental Protection
Agency
Office of
Regional Operations and
State/Local Operations
Publication: 100-F-96-024
• May 1996
oE Flexible Funding for States & Tribes
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Award grants to states and tribes that
combine funds from several EPA grant programs -- to
allow flexibility, so that limited resources can be directed
to the most significant environmental problems
Background EPA provides several grants to states and
tribes to assist them in administering environmental
protection programs In FY 1996 approximately $680
million will be awarded to states and tribes for program
implementation of the Clean Air Act Amendments, Clean
Water Act, Safe Drinking Water Act, Resource
Conservation and Recovery Act, and other statutes
Funds awarded in each of these categorical grants are for
a specified program or activity and are subject to specific
limits on eligible activities.
The states and tribes have difficulty integrating programs
in a common sense way, or targeting funds to highest
priority environmental problems. Recognizing this
problem, the Agency has been awarding grants to Indian
tnbes to conduct planning and to develop and establish
multimedia programs In FY 1995 and FY 1996. EPA
has been conducting demonstration projects with three
states to enable them to better coordinate certain
activities such as watershed protection and facility
inspections, which are traditionally conducted under
separate EPA grants. These demonstrations are being run
using existing aurnonty — which is limited and cannot be
expanded to cover the full range of state and tnbal
environmental protection needs.
Description As of Max 1996. EPA obtained legislative
audionty to award Performance Partnership Grants
(PPGs) to states, local governments. and
federally-recognized Indian tnbes PPGs will now offer
eligible states and tnbes the option to combine two or
more funds which would otherwise be awarded as
categoncal grants
The major benefit of PPGs will be to improve the ability
of states and tnbes to integrate programs. Meanwhile,
the National Environmental Performance Partnership
System (NEPPS), signed by the Administrator and State
environmental program leaders on May 17, 1995, gives
strong state programs more leeway to manage their own
programs, while concentrating EPA oversight and
technical assistance on weaker programs. This System
envisions a trend toward state program self-management
and flexibility while improving the quality of
accountability to Congress and the public PPGs and
NEPPS together will afford states and tnbes flexibility to
focus resources on the most senous environmental
problems, encourage broad intergovernmental dialogue,
and encourage public participation in environmental
decision making.
Accomplishments to Date
• In May 1995. EPA and state environmental leaders
agreed to the NEPPS
• The Agencv published Interim Guidance for PPGs in
December 1995 This document has been distnbuted
to the states and tnbes and will enable them to apply
for PPGs starting immediateK
Next Steps
• Respond quickly to state requests for PPGs in FY
1996 and 1997
• Update Interim Guidance for PPGs for use in FY
1997
• Revise existing grant regulations to reflect ne\v PPG
authontx
EPA Contact Chuck Kent 202 260-2462
e-mail ken! chuck a.epamail epa gov
Jack Bowles 303 312-6315
e-mail, bowles.jack'aepamail epa.gov
2 10
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United States
Environmental Protection
Agency
Office of
Policy, Planning,
and Evaluation
EPA100-F-96-025
September 1995
&EPA Putting Customers First
EPA's Customer Service Plan
(Office of Policy, Planning, and Evaluation )
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on unproved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making
with all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden
of complying with environmental requirements. Through reinvention, EPA is improving the way that it protects
public health and the environment so that America can enjoy continued environmental improvement at reasonable
cost.
Objective: To provide the best customer service
possible through increased public participation.
increased public access to information, and by more
effectively responding to customer needs.
Background. In Executive Order 12862, "Setting
Customer Service Standards," issued on September
11, 1993, President Clinton directed all executive
departments and federal agencies that provide
service directly to the public to develop customer
service standards and customer service plans.
Description EPA has adopted a multi-track
approach to implementation of the President's
Executive Order. The Agency is incorporating an
enhanced customer focus through several initiatives
including: the Common Sense Initiative;
Performance Partnerships with state, tribal, and
local governments; the creation of new compliance
assistance centers; and an Agency-wide focus on
environmental justice. Furthermore, EPA organized
its work into the eight core processes that
encompass the services and decisions of greatest
interest to our customers. The core processes
include: permitting; pesticide registration; research
and demonstration grants; public access; state.
tribal, and local program grants, enforcement
inspections and compliance assistance; and
voluntary programs.
Accomplishments to Date:
• Published "Putting Customers First, EPA's
Customer Sen-ice Plan," in September 1995,
which details individual implementation plans
and draft customer service standards for each of
eight core processes within the Agency.
Next Steps:
• EPA will continue to solicit customer feedback
on the standards.
• EPA will pursue options for implementing
surveys in FY1996
• In September 1996. EPA will publish final
customer service standards for all core processes
and results from surveys implemented this year.
EPA Contacts.
Julie Spyres 202/260-6787
e-mail: spyres.juhe@epamail. epa.gov
John Foster 202/260-8496
e-mail- foster johnQepamaiI.epa.gov
Internet:
http./Avww. epa.gov, docs'oppe/ custrep/cover. html
2.11
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United States
Environmental Protection
Agency
Office of
Policy, Planning,
and Evaluation
Publication: 100-F-96-O26
February 1996
&EPA Regulatory Negotiation and
Consensus-based Rulemaking
(Regulatory Management Division)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Increase the use of regulatory negotiation
and other consensus-based decision processes.
Background: EPA has been a pioneer in the use of
consensus-based decision-making to develop regulations.
In the most formal of these consensus-based approaches
—regulatory negotiation ("reg neg") - EPA and
representatives of all major groups affected by a
particular regulation try to reach agreement on regulatory
requirements. This process not only improves the quality
of rules, but increases public acceptance and minimizes
litigation. Even when full agreement cannot be reached,
regulatory negotiation can help identify issues and
options, educate interested parties, and narrow areas of
dispute.
Although regulatory negotiation is the most well known
consensus-based procedure for developing rules, EPA
has experimented with other less formal methods to
consult with affected parties, promote useful information
exchange, and find common ground on controversial
issues. These range from continuous policy dialogue to
ad hoc discussion forums to Public meetings and focus
groups.
Description. After a number of years of successful
experimentation widi regulatory negotiation and other
consensus- based mlemakmg tools, EPA now routinely
evaluates the appropriateness of using consensus-based
rulemaking as it issues or revises regulations. Last June.
EPA completed the task of examining all regulations
currently under development and identified candidates
for regulatory negotiation and other forms of
consensus-based decision-making.
The Agency is continuing to seek to expand its use of
informal negotiation in odier settings, such as the current
practice of negotiating test rules to determine unknown
risks of existing chemicals under the Toxic Substances
Control Act.
Accomplishments to Date
• Reported to the President on all the Agency's on-
going "reg negs" in June 1995
• Has a regulatory negotiation underway on emission
controls for small non-road engines.
• Is helping to provide professional facilitation support
for EPA's Common Sense Initiative.
• Is providing professional third-party neutral and
evaluation support for EPA's Project XL.
Next Steps
• Continued use of "reg neg" and development of other
methods of consulting with affected parties,
exchanging useful information and finding common
ground on controversial issues
EPA contact: Chris Kirtz 202/260-7565
e-mail: kirtz. chris'Qepamail.epa.gov
2.12
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United States
Environmental Protection
Agency
Office of
SoUd Waste and
Emergency Response
Publication: 100-F-96-027
May 1996
V-/EPA WasteWi$e
(Office of Solid Waste)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: Assist businesses in implementing cost-
effective actions to reduce municipal solid waste.
Background: Some companies view the high cost of
materials, supplies, and solid waste disposal as an
immutable cost of doing business. But waste
prevention can help businesses realize significant
savings by reducing purchasing and waste
management costs and increasing operating efficiency.
Description: In January 1994, EPA launched
WasteWiSe to help businesses find practical methods
for reducing municipal solid waste. WasteWiSe offers
interested companies the flexibility to design waste
reduction programs that best meet their needs.
The three primary elements of participation in the
WasteWiSe program are:
• Waste Prevention - Using less material to do the
same job offers the greatest environmental benefits
and provides substantial cost savings to
businesses.
• Recyclables Collection ~ Nearly all WasteWiSe
partners expanded or improved ongoing recycling
programs by educating employees, performing
community outreach, or collecting new materials.
Corrugated containers, ferrous metal, and
aluminum and other nonferrous metals are recycled
in the greatest amounts.
• Purchase/Manufacture of Recycled Products -
WasteWiSe partners purchase over 20 different
kinds of recycled products, especially paper
products with recycled content. To support their
buy-recycled efforts, WasteWiSe companies
establish corporate policies to purchase recycled
products wherever feasible, set goals to increase
the total amount spent on recycled products, and
work with suppliers to identify recycled products
that met their specifications.
The WasteWiSe program helps participating
companies uncover waste reduction opportunities and
set goals through a toll-free help line, representatives
who provide assistance to partner companies, and a
wide range of waste reduction publications, as well as
other services. EPA also provides recognition for
individual companies and program successes.
Accomplishments to Date:
• Nearly 429 companies and 37 different industry
trade associations have joined WasteWiSe. During
1994, the first year of the program, they:
• Conserved more than 137,900 tons of materials
through more efficient transport packaging;
• Reduced the waste associated with product
manufacturing by 77,300 tons;
• Reduced primary packaging by 9,500 tons;
• Reduced the use of paper or other supplies by
8,600 tons, and
• Conserved 800 tons of materials such as furniture,
building materials, surplus supplies, excess food,
etc., by donating them to others.
Next Steps:
• Share the waste reduction message with more
companies.
• Enhance technical assistance and information on
waste reduction programs.
• Focus on identifying superior money-saving and
environmental benefits of waste prevention through
workshops, case studies and more.
For more information by phone 800-EPA-WISE
e-mail: wwQCAISJfET
internet: http ://www. epagov/epaoswer/wastewise. html
2.13
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33/50 Program
Achievements
United States
Environmental Protection Agency
Reducing Risks Through Voluntary
Action
The 33/50 Program targets 17 high-priority toxic
chemicals for reduction through voluntary partner-
ships with industry. The Program's name stems from
its goals: a 33% reduction in 1992, and a 50% reduc-
tion in 1995. As the 33/50 Program nears comple-
tion, we are proud to report that almost 1,300 compa-
nies have agreed to voluntarily reduce their releases
and transfers of the 33/50 chemicals. Their efforts
have helped 33/50 to exceed the interim 33% goal;
we expect to surpass the 50% goal as well, once the
current data for the Toxics Release Inventory (TRI)
are compiled.
Environmental releases and off-site transfers of the
17 chemicals covered by the 33/50 Program totaled
almost 1.5 billion pounds reported to TRI in 1988.
The aim of 33/50 was to cut this amount in half by
1995, eliminating almost 750 million pounds of pollu-
tion. The 33/50 Program demonstrates how a volun-
tary partnership with industry and government can
augment the traditional command and control ap-
proach to environmental protection.
The 33/50 Program was developed in 1991 as part of
EPA's Pollution Prevention Strategy to bridge the gap
between current waste disposal practices and the
EPA pollution prevention hierarchy, which favors
source reduction as the best management option.
The 33/50 Program helps accelerate a pollution pre-
vention ethic throughout American businesses by
obtaining voluntary commitments for pollution reduc-
tion directly from the Chief Executive Officers of
manufacturing firms throughout the United States.
33/50's 17 Targeted Chemicals
Benzene
Cadmium &
Compounds
Carbon Tetiachlonde
Chloroform
Chromium &
Compounds
Cvamdes
Lead & Compounds
Mercury &
Compounds
Methyl Ethyl Ketone
Methyl Isobutyl Ketone Xyknes
Methytene Chloride
Nickel & Compounds
Tetrachkwoethytcne
Toluene
Trichloroethyiene
Tnchloroethane
33/50 Program Achievements
• 33% Goal Achieved. In 1991, the interim goal of
33% was achieved — a year ahead of schedule —
representing the elimination of almost 500 million
pounds of pollution in just three years.
• On Target for 50%. Data for 1993 show that
releases and offsrte transfers of 33/50 chemicals
declined by nearly 685 million pounds (46%) between
1988 and 1993. Projected reductions for 1994 and
1995 strongly suggest that the 33/50 Program's goal
of a 50% reduction will, indeed, be achieved.
• Building Partnerships. The 33/50 Program
extends well beyond the 1,300 participating
companies. States, local governments and
communities are our partners as well, as evidenced
by State programs modeled after 33/50 such as
Minnesota 50 or Texas 2000, as well as community-
based programs such as the toxics reduction
strategy of the Chesapeake Bay Program.
A 33/50 Program Agenda
33/50 Company Recognition
The achievements of the 33/50 Program have been
possible only because of the creative efforts of our
participating companies, successes that deserve to
be highlighted:
• Company Profiles are detailed descriptions of
successful pollution prevention measures, and the
economic and managerial benefits that have
resulted; 33/50 staff work closely with companies in
developing the profiles.
• Company Success Stories are shorter
descriptions, supplied by the companies themselves,
and will be published by the 33/50 Program in the
Fall of 1996
33/50 Program
December 1995
2.14
-------
• State Stories are briefer still, and highlight the
achievements of select companies in each of the
50 States.
These profiles and success stories are widely
circulated, and are used as examples of pollution
prevention and emission reduction successes in
documents and speeches from the White House as
well as from EPA.
33/50 also works closely with the press in publicizing
company successes. The November 1995 issue of
Chemical Engineering magazine highlights the
achievements of more than 20 companies in the
chemical process industries that have dramatically
reduced their environmental releases under the
auspices of 33/50. We are actively exploring other
opportunities to expand press coverage.
33/50 Program Conference Finale
All participants in the 33/50 Program deserve
recognition for their willingness to stretch their vision
and experiment with a new strategy for reducing
pollution. We will celebrate the success of all these
companies at a September 1996 Conference in
Washington, DC. Your suggestions for how best to
recognize their achievements would be most
welcome.
33/50 — The Next Generation
As 33/50 companies entered their final reporting
year, EPA sought stakeholder comments on what,
anything, it should do as a follow-up. A general
consensus has emerged that voluntary partnership
between government and industry can be effective
promoting pollution prevention. However; the
specific nature of a next generation of the 33/50
Program is still being considered.
If you have any questions or comments, please wri
or call the 33/50 Program staff at the address and
phone number provided below.
Contact:
David Sarokin, Director
The 33/50 Program (Mail Code 7408)
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
TELEPHONE: (202) 260-6907
FAX: (202) 401-8142
Millions of Pounds
1,750
1,500 -
1,250 -
1,000 ---
750 - —
500 -
250 -
1992 Goal
997 MilEon
Pounds
1995 Goal
744 Million
Pounds
1988
1989
1990
1991
1992
1993
TRI Releases and Transfers of 33/50 Program Chemicals, 1988-1993.*
"The amounts for transfers to recycling or energy recovery reported for 1991-1993 have not been included in these totals.
33/50 Program
December 1!
2.
-------
United States
Environmental Protection
Agency
Office of
Policy, Planning,
and Evaluation
Pubfication: 100-F-96-029
May 1996
&EPA Center for Environmental Information
and Statistics
(Office of Strategic Planning and Environmental Data)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved environmental
results, allowing flexibility in now results are achieved; to share information and decision-making with all stakeholders; to create
incentives for compliance with environmental requirements; and to lessen the burden of complying with environmental
requirements. Through reinvention, EPA is improving the way that it protects public health and the environment so that America
can enjoy continued environmental improvement at reasonable cost
Objective: Establish an EPA center to harmonize the
collection and management of EPA's environmental data,
and provide for public access to quality assured
environmental statistics and information.
Background: Environmental information will become
increasingly important as EPA expands its performance and
market-based management approaches. Additionally, as
environmental protection is decentralized — to states, tribes
and communities - reliable information about the condition
of the environment will be needed to ensure that programs
are achieving desired results. EPA will establish a
customer-oriented center that will provide information and
statistics on national, regional and local environmental
conditions and trends that are integrated across
environmental programs. The center's main function will
not be to collect primary data — it will instead focus on the
integration of data collected by others. Through the center.
EPA will be better able to address fundamental cross-media
questions such as What pollution sources are causing the
most damage? How do geographic regions compare0 Ho\v
effectively are we dealing with environmental problems?
Description: EPA will establish, through a cooperative
effort with all EPA programs, regions and laboratories, a
new center that will be responsible for:
• Coordinating with federal, state and local environmental
agencies that produce and use environmental data and
information
• Harmonizing EPA environmental data
• Conducting cross-media assessments of data needs
directed at reducing duplication and reporting burdens
• Assisting EPA programs in the development of
statistically valid survey designs and the use of statistical
sampling of information
• Providing statistical methods for integrating data from
different federal agencies, states and localities
• Assisting in design of studies to assess effectiveness of
environmental programs and strategies (e.g., pollution
prevention), and in presentation of environmental
information in ways that promote a multimedia
perspective
• Improving public access to environmental statistics and
data through the establishment of statistical data bases
and systems which allow user access to all levels of data
— from the raw data to highly processed information.
Accomplishments to Date:
• Options paper developed to consider major issues of
CEIS function, scale and placement at EPA.
Next Steps:
• Develop short-term and long-term implementation plans
based on management decisions regarding function, scale
and placement of CEIS.
• Establish the Center
EPA Contact: An Koines 202/260-4030
e-mail: homes, arra'epamail. epa.gov
2.20
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United States
Environmental Protection
Agency
Office of
the Administrator
Publication: 100-f -96-030
May 1996
v°/EPA Environmental Forecasting
(Science Advisory Board)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making
with all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden
of complying with environmental requirements. Through reinvention, EPA is improving the way that it protects
public health and the environment so that America can enjoy continued environmental improvement at reasonable
cost
Objective: Help identify and study emerging
environmental trends.
Background: EPA too frequently has found itself in
a reactive mode, responding to problems that might
have been, but were not, foreseen. More frequent
planning ahead, rather than simply reacting, will
give the Agency agility and flexibility to avoid some
problems and respond more effectively to others
Description: The Environmental Forecasting project
is being designed to anticipate future environmental
problems. This anticipatory effort will attempt to
lessen the need for rapid future decisions made
using a weak science base, and should enable the
United States to avoid expensive environmental
control and clean-up programs. This activity is
being guided bv a new report by the EPA Science
Advisory Board (SAB), Beyond the Honzon: Using
Foresight to Protect the Environmental Future,
1995 The Executive Committee of the Science
Advisory Board will serve as a "Lookout Panel" to
look beyond the horizon and use their knowledge,
expertise, and contacts to suggest possible emerging
problems The Agency will follow up on the ideas
oenerated bv the Board.
Accomplishments to Date:
• The Board held its first meeting on February 29,
1996, focusing on water-related future issues.
Next Steps:
• The Board will meet on this summer to review its
results to date and consider additional steps.
• A second experiment in funcooning as a Lookout
Panel is scheduled for this fall. The SAB will
work with the "Millennium 2000 Project" under
the UN University which uses the Internet to
gather "beyond the horizon" ideas from over 200
technical and visionary thinkers around the
globe. The SAB will then review and present the
ideas to the EPA Administrator
• EPA proposed at the May 1996 meeting of the
G-7 environmental ministers, that each G-7
country conduct its own "Lookout Panel " EPA
offered to host a meeting next spring to compare
the results of such efforts, which would then be
presented to the G-7 principals at their next
meeting.
EPA Contact: Don Barnes 202 26G--H26
e-maii barnes don'Ot.epaman epa gov
221
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United States
Environmental Protection
Agency
Office of
Administration and
Management Resources
Publication: 100-F-96-Q31
May 1996
dEPA Public Electronic Access
(Office Information and Resources Management)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved environmental
results, allowing flexibility in how results are achieved; to share information and decision-making with all stakeholders; to create
incentives for compliance with environmental requirements; and to lessen the burden of complying with environmental requirements.
Through reinvention, EPA is improving the way that it protects public health and the environment so that America can enjoy
continued environmental improvement at reasonable cost.
Objective: Make information from all EPA programs
available through the Internet for direct access by
individuals and organizations from their homes, schools,
libraries and other places of work. Use electronic
information to create better tools for responding to
inquiries that do not come electronically.
Background: EPA's public access program will enable the
public, as well as State, tribal, and local governments, to be
full partners in the Agency's comprehensive approach to
environmental protection. An informed public is better
able to recognize and to protect itself from environmental
risks and to ensure that environmental issues are addressed
equitably.
Description: As EPA expands its electronic information
systems, it will make efforts to assure that all members of
the public have access to its information systems regardless
of social, economic, and academic status. EPA will work
to build strategic partnerships with State, tribal and local
governments, as well as non-governmental, to ensure that
environmental information is widely available and easily
accessed.
Accomplishments to Date:
• Proposed and final rules, and all environmental Federal
Register notices have been available within one day on
the Internet (or the same day vie the Gopher) since
October 1994
• ENVER.OFACTS has provided Internet access to
facilities' environmental information since March 1995
• EPA's Earth 1 Internet server ("home page") is
continually up dated to make it more complete and user
friendlv.
• A number of EPA offices, including Water, Air,
Environmental Justice, the Solid Waste and Emergency
Response, and others have made information available
through their own "home pages" linked to the main EPA
"home page" since mid-1995.
Next Steps:
• Automate EPA rulemaking dockets via Internet to
encourage increased public participation in the
rulemaking process.
• Develop on-line publication ordering capabilities.
• Continue to expand the type and amount of information
EPA makes available electronically to the public, while
continuing to make access to that information more user
friendly.
• Institute a single toll-free telephone information service.
EPA Contact: Rick Martin 703/235-5600
e-mail: martin nck(3j,epamaii.epa.gov
2.22
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United States
Environmental Protection
Agency
Office of
Prevention, Pesticides,
and Toxic Substances
Publication: 100-F-96-032
May 1996
°EPA Environmental Accounting Project
(Pollution Prevention Division)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying with
environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective: To encourage and motivate business to
understand the full spectrum of their environmental costs,
and integrate these costs into strategic decision making.
Background: Environmental and economic benefits of
practicing pollution prevention can be enormously
difficult to measure using traditional methods of
accounting. As a consequence, industrial environmental
managers often may not adopt pollution prevention even
when it might be in the best interest of a facility or
company to do so.
Description: EPA initiated the Environmental Accounting
Project in 1992 to encourage businesses to incorporate
environmental costs into managerial accounting and
capital budgeting practices. Implementing environmental
accounting will make environmental costs more visible to
company managers, thus making these costs more
manageable and easier to reduce. Environmental
accounting should help companies significantly reduce or
eliminate environmental costs, improve environmental
performance, and gain competitive advantage.
The Project's Action Agenda incorporates
recommendations from the business community.
accounting and professional societies, the academic and
research community, small businesses, and government
on what needs to be done by various stakeholder groups
to increase the use of environmental accounting. Major
issues addressed by the Action Agenda include:
• Terms, concepts, and roles;
• Management incentives;
• Education, guidance, and outreach; and
• Tools, methods, and systems.
The Environmental Accounting Project has a Network
Directory of over 650 members who are actively
participating or interested in the issue.
Accomplishments Include:
• Developed an environmental accounting primer mat
covers the basic terms and concepts, and discusses
application options
• Completed a status report the on the extent to which
the nation's manufacturing firms consider
environmental costs in investment decisions..
• Published case studies from industry.
• Trained state technical assistance providers and
permitters on the environmental accounting concept in
several regions.
• Hosted workshops for industry and government
creating dialogue on environmental accounting.
• Developed a software tool to help companies
incorporate environmental costs into then" capital
budgeting decisions.
• Collaborated on the development of the first
environmental accounting guidelines for management
accountants with U.S. and Canadian accounting trade
associations
Next Steps
• Publish a Best Practices report of chemical companies
efforts at emironmental accounting
• Publish analysis on how environmental accounting
applies to the metal finishing industry.
• Document available techniques for estimating
potential environmental liabilities.
• Continue outreach and exploration of ways to simplify
implementation of environmental accounting.
EPA Contact Holly Elwood 202/260-4362,
elwoodhollytQepamaiI.epa.gov
Susan Mclaughlin 202/260-3844
mclaughhn.susan(3),epamcnl. epa.gov
Internet'
http:"www envirosense.compartners/acctg'
2.23
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United States
Environmental Protection
Agency
Office of Policy
Planning, & Evaluation
Publication: 10O-F-96-034
May 1996
4>EPA National Environmental Goals Project
(Planning and Management Division)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: Develop long-range environmental goals
and progress "milestones" toward improving our
personal health, our national economy, and our quality
of life. These goals will stimulate public discussion of
what Americans are seeking to accomplish in
environmental proto tion.
Background: U.S. laws and international agreements
often focus only on the actions the government must
take, without specifying in measurable terms the
environmental improvements expected.
Clear, measurable environmental goals should help the
nation answer such important questions as:
• What tangible results should our national
environmental programs aim to deliver?
• What investments should be made by federal, state.
tribal, and local governments, industry, and others to
achieve our environmental goals0
• How can we encourage regulatory reinvention,
flexibility, and innovation in working toward our
goals0
• What environmental progress are we really making0
Description: The National Environmental Goals Project
signals the EPA's commitment to action and
accountability for environmental improvement. The
National Goals will provide direction for the design of
more results-oriented government and private programs
to fulfill national environmental priorities. They will
improve communication between the executive branch.
Congress, and environmental protection '"stakeholders"
about what our environmental programs are designed to
accomplish and whether our strategies are working.
The goals will be used to report America's progress in
environmental improvement and evaluate the
performance of EPA and its government partners.
These goals and milestones are not to be new
requirements. Rather, they are proposed targets that
can and should achieved by a variety of means —
regulatory and voluntary, public and private.
The goals will cover all the major risks to public health
and the environment, and are being developed with
extensive input from external stakeholders. Each of
these goals will include a summary of the challenge, a
description of responsibilities, a proposed set of
milestones for 2005, and a strategy for achieving those
milestones.
Accomplishments to Date:
• Extensive data collection, analysis, and consultation
with people in industry, citizen organizations, and at
all levels of government to develop early drafts of
the Goals
• Draft of Environmental Goals for America report
sent to other government agencies for review on
April 30, 1996.
Next Steps:
• Incorporate other government agency comments into
Goals report.
• Publish for public comment the revised Goals
report.
• Finalize Goals report and further target EPA's
efforts accordingly
EPA Contact: Peter Truitt 202-260-3214
e-mail' tnult.peter(a),epamcnl. epa.gov
2.30
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United States
Environmental Protection
Agency
Office of
the Administrator
Publication: 100-F-96-035
May 1996
v°/EPA Government Performance and
Results Act
(Office of Planning, Budget, and Accountability)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its missioa EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements, and to lessen the burden of complying with
environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the environment
so that America can enjoy continued environmental improvement at reasonable cost
Obiective. Improve the performance and accountability of
federal agencies through a set of integrated activities-
strategic planning, setting annual performance targets,
measuring progress made toward reaching the targets, and
reporting on costs and results.
"[GPRA] requires that we chart a course for every
endeavor... see how well we are progressing, tell the
public how we are doing, stop the things that don't work,
and never stop improving..." President Clinton,
August 3, 1993
Background. Enacted in 1993, the Government
Performance and Results Act (GPRA) places new
management expectations and requirements on federal
agencies by creating a framework for more effective
planning, budgeting, program evaluation, and fiscal
accountability for federal programs. The intent of GPRA is
to improve public confidence in federal agency performance
by holding agencies accountable for achieving program
results Departments and agencies must clearly describe the
goals and objectives of their programs, identify resources
and actions needed to accomplish these goals and
objectives, develop a means of measuring their progress,
and regularly report on their achievements. This approach
will also serve to improve congressional decisionmaking by
clarifying and stating piograui performance goals, costs,
and results "up front"
Description EPA announced the establishment of a new
planning, budgeting, and accountability system on March 5,
19% The new system, based upon the GPRA framework,
will provide the information and structure for EPA and its
stakeholders to make more informed decisions on
environmental priorities and the strategies that can best
achieve those results A new organization will also be
established to develop and manage the new system. The
the system and new office are expected to be organized and
fully operational by January 1997 in order to meet the
mandates of GPRA for the FY 1999 process
Beginning in 1996 the new office, in conjunction with the
program offices and EPA regions, will engage in several
key system implementation efforts, including developing
EPA goals, updating the Agency strategic plan, guiding the
development of performance plans, analyzing the process
and catena by which the Agency determines its priorities,
and constructing a new accountability system.
Accomplishments to Date:
• Conducted an Agencywide workshop to discuss and
kick-off GPRA implementation in January 1995
• Conducted five GPRA implementation pilots to gain
experience on setting goals and measuring results
according to GPRA requirements. Pilots include
Chesapeake Bav, LUST, Acid Rain, Superfund,
Drinking Water Surface Water Treatment Rule
• Initiated National Environmental Goals project with
milestones for FY 2005.
• Announced development of a new planning, budget,
and accountability system incorporating GPRA
principles in March 1996
Next Steps:
• National Goals report released for government-wide
review and comment
• Submits FY 1998 budget to OMB with performance
plans for major Agency programs.
• Update Agencywide Strategic Plan to fulfill OPRA
requirements
EPA Contact: Maura Waste, 202. 260-1187
e-mail: -wasko maura(a)epamail. epa.gov
231
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FACILITATING COMPLIANCE
Making it easier for business to comply with environmental laws
Enforcement/ Compliance Incentives for Small Businesses 3.1
Compliance Small Business Compliance Assistance Centers 3.2
Environmental Leadership Program 3.3
Flexible Compliance Agreements for Specific Industries 3.4
Incentives for Auditing, Disclosure & Correction 3.5
Risk-based Enforcement 3.6
Toxics/Pesticides Self-Certification of Pesticide Product Registrations 3.10
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United States
Environmental Protection
Agency
Office of
Enforcement and
Compliance Assurance
Publication: 100-F-96436
May 1996
vvEPA Compliance Incentives for
Small Businesses
(Office of Compliance)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so mat America can enjoy continued environmental improvement at reasonable cost
Objective: Promote environmental compliance among
small businesses by providing incentives for them to
obtain compliance assistance and promptly correct
violations. These incentives include an extended time
period in which to correct violations and elimination or
mitigation of penalties.
Background: Small businesses that individually may
be minor sources of pollution collectively may have a
substantial impact on the environment. In order for
states to ensure that air, water and waste requirements
are met, new ways need to be found to bring these
sources into compliance.
Many small businesses want to be good citizens in
their communities, but need information about how to
comply with environmental requirements. Some are
unlikely to ask for help because they fear possible
enforcement action In addition, many small
companies lack the ability to pay a significant penalty
Providing compliance assistance is one way to
maximJTe state and small business resources by
having facilities use their resources to come into
compliance
Description: EPA will provide small businesses up to
six months, or up to one year if a pollution prevention
solution is used to correct violations identified by
state or Federally sponsored compliance assistance
programs. No penalties will be issued or enforcement
actions brought for violations discovered through
participation in these programs if certain conditions
are met: violations must be corrected within the
appropriate corrections period; this is the business'
first violation of the particular requirement; the
violation did not involve criminal conduct; and the
violation is not causing a significant health or safety or
environmental threat or harm.
By providing an extended period to come into
compliance and mitigating or eliminating penalties,
EPA hopes to encourage small businesses to request
assistance and achieve compliance while EPA
continues to protect public health and the
environment. The Agency is considering ways to
expand the applicability of the policy in response to
comments it has received.
Accomplishments to Date.
• Interim Policy on Compliance Incentives for Small
Businesses issued in June 1995
• Paper answering common questions about the
Interim Pokey on Compliance Incentives for Small
Businesses issued in September 1995
Next Steps
• Analyze comments on draft final policy on
Compliance Incentives for Small Businesses.
• Finalize Policy on Compliance Incentives for Small
Businesses
EPA Contacts
Kann Leff 202,564-7068
e-mail, leff.kannQepamail epa.gov
David Hmdin 202/564-6004
e-mail david@epamail.epa.gov
3.1
-------
Small Business
Compliance Assistance
Centers
BACKGROUND
• The Office of Compliance - in partnership with industry, academic institutions, environmental groups and
other federal and state agencies - has established national Compliance Assistance Centers for four
specific industry sectors heavily populated with small businesses that face substantial federal regulation.
The sectors include: printing, metal finishing, automotive services and agriculture.
• The Centers are designed to provide:
<" "One Stop Shopping" - one place to get comprehensive, easy to understand compliance
information targeted specifically to the sector.
•0- "Plain English Guides" - prepare materials consolidating information about compliance
requirements, pollution prevention and technical assistance resources for use by State assistance
programs, trade associations and individual companies;
"Link Pollution Prevention and Compliance Goals" - provide technical assistance and
training on applicable treatment technologies to help minimize waste production and maximize
utilization of pollution prevention technologies;
0- "Reduce the Costs of Compliance" - develop state of the art methodologies for auditing
protocols; conduct surveys to assess compliance rates and identify information and technological
barriers to compliance; and develop consolidated reporting programs to reduce transaction and
monitoring costs.
• NATIONAL METAL FINISHING RESOURCE CENTER. The Center's electronic data and managed
information forums will supply most services to users. Also, the NMFRC will provide users with in-
house staff to answer many questions concerning compliance and competitiveness. The NMFRC will
help technical assistance seekers find an appropriate individual or organization within a local area to
provide the needed expertise to solve compliance and production problems. The NMFRC will offer:
Regulatory Information; Interpretive Guidance; Performance and Cost Comparisons Across Technology
Options; Pollution Prevention Case Studies; Technical Forums; Vendor Information; and User Defined
Services
The NMFRC will begin operations in 1996. To receive further information regarding the center and its
development, please submit your name, address, telephone number, fax number, and Internet address (if
available) to
Paul Chalmer. NCMS (tel. 313-995-4911/e-mad paul.chalmer@ncms org) or,
Greg Waldrip, US EPA (tel 202-564-7024/ e-mail vvaldrip.gregory@epamail.epa.gov)
THE OFFICE OF COMPLIANCE FACT SHEET SERIES FEBRUARY 1996
3.2
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» NATIONAL PRINTER'S COMPLIANCE ASSISTANCE CENTER The Center is a virtual" center
electronically linking trade, governmental and university service providers to efficiently provide the most
current and complete compliance assistance and pollution prevention information to the printing industry.
Computer hardware will be maintained at the University of Illinois Champaign-Urbana campus. The
Great Lakes Information Network is providing support for two Internet LISTSERVs.
Initial center products include: needs surveys and focus groups to determine existing expert network and
unmet customer needs; electronic linkage to technical information on pollution prevention technologies
and regulatory compliance, including Internet-based "LISTSERVs," to facilitate sharing of technical -
expertise to address question from printers; an electronic library/repository of information and
compliance assistance materials; "Best in Class" pollution prevention materials; model training packages
for state delivery; and, support of the Great Printers Project's consolidated reporting project.
For further information on the Printer's Assistance Center, contact:
• Graphic Arts Technical Foundation-Gary Jones (412-621 -6941)
• Printing Industries of America-Ben Cooper (703-519-8114)
• Illinois Hazardous Waste Research and Information Center-Gary Miller (217-333-8940)
• University of Wisconsin-Wayne Pferdehirt (608-265-2361)
• EPA -KannLeff (202-564-7068)
• Internet http://denrl.igis.uiuc.edu/pneac/pneac.htnil
1 GREENLINKTM - THE AUTOMOTIVE COMPLIANCE INFORMATION ASSISTANCE CENTER. By using a
variety of communications technologies, GreenLink™ will be available to anyone 24 hours a day, 7 days
a week, 365 days a year. A user can call a toll-free number to get voice, facsimile or mailed information
or use the Internet or bulletin board services, t.e COMPUSERVE, AMERICA ON-LINE, etc. to access EPA's
EnviroSenSe information system that will contain the same information that is available through the toll-
free number. In addition, GreenLink™ will be capable of linking similar information through the
States "s Internet systems as they become available.
GreenLink™ plans to provide information on a variety of topics, including:
• Used Oil Management • Hazardous Waste Identification • Asbestos
• Floor Drains (Stormwater) • Emergency Spill Procedures • Antifreeze
• Underground Storage Tanks • Part Solvents • Paints and Thinner;;
• Pollution Prevention Alternatives • Motor Vehicle Air Conditioning Repair
For further information, contact: U.S. EPA, Everett Bishop (202) 564-7032; and,
CCAR, Sherman Titens (816) 561-8388
THE NATIONAL AGRICULTURE COMPLIANCE ASSISTANCE CENTER. Although USDA and other
agricultural agencies provide educational and technical information, assistance in complying with
environmental requirements has not been as readily accessible. The new Center will work with USDA
and other federal and State agencies to provide information on a variety of topics, including:
• Pesticides • Animal waste management
• Non-point-source pollution • Agricultural worker protection
• Groundwater, surface water and • Wetlands protection
drinking water protection
For further information, contact: EPA's Agriculture Compliance Assistance Center, 726 Minnesota
Avenue, Kansas City, KS 66101, Telephone- (913) 551-7207 : Fax: (913) 551-7270
1 For general information on Compliance Assistance, contact Dr. David Schnare - (202) 564-4183
THE OFFICE OF COMPLIANCE FACT SHEET SERIES FEBRUARY 1996
3.2
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United States
Environmental Protection
Agency
Office of
Enforcement and
Compliance Assurance
Publication: 100-F-96-038
May 1996
vvEPA Environmental Leadership Program
Quick Reference Fact Sheet
Reinvention at EPA is a new way of carrying out its mission. EPA's reinvention philosophy is to focus on environmental
results, allowing flexibility in how they are achieved; to share information and decision-making with all stakeholders;
to help citizens comply with environmental requirements; and to lessen the time and cost of complying with
environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: Recognize and provide incentives to
facilities willing to develop and demonstrate
innovative approaches to establishing and assuring
compliance with environmental requirements.
Background: Traditionally, EPA and States delegated
to enforce environmental laws and regulations have
treated all facilities alike for purposes of inspection.
There are. however, facilities around the country
which are demonstrating environmental leadership by
utilising state-of-the-art environmental management
systems to encourage and facilitate compliance with
environmental regulations.
Description: EPA wants to recognize such facilities
for their leadership and encourage others to join them.
The Environmental Leadership Program is designed to
demonstrate innovative approaches to establishing and
assuring compliance with environmental requirements.
The projects test a range of activities, including:
• Implementation of an environmental management
system;
• Routine audits through independent third-party
verification or self-certification;
• Support for mentoring projects to help small
businesses achieve compliance;
• Involvement of employees and the sharing of
environmental performance information with the
public, and
• Pollution prevention practices.
The results of this pilot phase will help shape the
framework and criteria for establishing a full-scale
ELP.
Accomplishments to Date:
• In April 1995 EPA announced pilot projects with
twelve partners from the public and private sectors.
The Agency expects to complete these projects
within one year
• ELP teams have drafted various protocols and
guides to assist other facilities conduct both
environmental compliance and environmental
management systems audits, implement
environmental management systems, and conduct
self-certification of their environmental practices.
These documents are being tested and evaluated as
part of the pilots
• Progress reports and other information on these
pilots made available on the Internet
(http://www.envirosense.com/elp).
Next Steps:
• Write and make available conclusions report,
including proposed catena and incentives for
participation in a full-scale ELP.
• Work with full range of stakeholders, including
States, environmental groups, and others to
develop and implement "full-scale" program.
• Publish notice in Federal Register and open
comment penod for an "full-scale" ELP
EPA Contact: Tai-ming Chang 202/564-5081
e-mail: chang tai-mmg(aepamail.epa.gov
Internet: htrp www.envirosense com/elp
3.3
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United States
Environmental Protection
Agency
Office of
Enforcement and
Compliance Assurance
Publication: 100-F-96-039
May 1996
&EPA Flexible Compliance Agreements for
Specific Industries
(Office of Regulatory Enforcement)
Quick Reference Pact Sfleet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved environmentaJ
results, allowing flexibility in how results are achieved; to share information and decision-making with all stakeholders; to create
incentives for compliance with environmental requirements; and to lessen the burden of complying with environmental requirements.
Through reinvention, EPA is improving the way that it protects public health and the environment so that America can enjoy
continued environmental improvement at reasonable cost.
Objective: To increase compliance within a specific
industry sector by allowing companies to disclose
violations and correct them in a timely manner.
Background. The Toxic Substances Control Act Inventory
Update Rule (IUR) requires chemical manufacturers,
processors, and importers to provide, every four years,
their toxic chemical production volume and location
information. The information is the foundation of the
Chemical Substances Inventory database, the only
nationally compiled registry of commercial chemicals in
the United States. EPA uses the Inventory to identify,
prioritize, and evaluate the risks posed by toxic chemicals
to the public and the environment and to develop a profile
of the chemical industry in the US.
EPA had taken enforcement actions against natural gas
companies for not reporting their IUR data in past years.
The Gas Processors Association (GPA) had disputed
EPA's enforcement efforts by arguing that the industry-
was not subject to the IUR toxics chemical reporting
requirements. Ultimately, both EPA and GPA sought to
resolve the disagreement and to encourage natural gas
processors to submit IUR toxic chemical data by
negotiating a national, uniform registration and
enforcement agreement for the natural gas processing
sector.
Description: Under a national agreement arrived at in
October 1995, gas processors not currently subject to prior
enforcement actions were to review their records for 1986
and 1990 IUR data. Each facility would sign a consent
agreement and pay stipulated penalties for having failed to
file reports in 1990 EPA in turn agreed to reduce
penalties from $25,000 per chemical to $3,000 with a
total penalty limit for each company of $30,000, $60,000,
or $90,000, depending of the number of violating facilities
owned by the participating companies.
As a result, sixty-two of the sixty-eight facilities that
registered with EPA under the national enforcement
agreement have settled with associated penalties of
$1,284,000. While the agreement applies only to the
1986 and 1990 reporting cycles, natural gas industry
submissions to the Chemical Substance Inventory have
increased dramatically since this cooperative approach
was initiated. Although part of the increase can be
attributed to a greater number of sites in operation, it also
appears mat the cooperative agreement between GPA and
EPA increased awareness and contributed significantly to
more production information being supplied to EPA
Accomplishments to Date:
• Completed agreements to settle 62 cases with natural
gas processors for failure to file as required.
• Increased sense of cooperation and awareness of the
requirement that has led to EPA receiving substantially
more data about the production and volume of toxic
chemicals
Next Steps:
• Look for appropriate opportunities to use this common
sense combination of auditing and reporting in
exchange for some ceiling on penalties in future
settlements
EPA Contact MarkGarvey 202/564-4168
garvey. mark@epamail. epa. gov
Tony Elhs 202/564-4167
ellis. tonyQepamail. epa.gov
3.4
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United States
Environmental Protection
Agency
Office of
Enforcement and
Compliance Assistance
Publication: 100-F-96-040
May 1996
Incentives for Auditing,
Disclosure & Correction
(Office of Planning and Policy Analysis)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved environmental
results, allowing flexibility in bow results are achieved; to share information and decision-making with all stakeholders; to create
incentives for compliance with environmental requirements; and to lessen the burden of complying with environmental
requirements. Through reinvention, EPA is improving the way that it protects public health and the environment so dial America
can enjoy continued environmental improvement at reasonable cost.
Objective: Establish a new compliance incentive policy for
regulated entities to self-police, disclose and correct
environmental violations.
Background: EPA's enforcement policies should encourage
compliance with the law and voluntary' disclosure and
correction of violations. Such policies promote
cooperation, rather than confrontations in enforcement.
Description. EPA will institute a compliance-incentive
policy for regulated entities that seek compliance with
environmental laws. Under this policy, regulated entities
that systematically discover, and promptly disclose and
correct violations will face penalties no greater than the
economic benefit gained from any violations. That is, EPA
will wave all "punitive" or "gravity-based" penalties. In
cases where the economic benefit gained from
noncompliance is insignificant, EPA will wave all
penalties. In addition, EPA will not recommend criminal
prosecution of companies that systematically discover and
promptly disclose and correct violations if the violations
are the result of unauthorized criminal conduct of
individual employees This policy takes effect on April 18,
1995.
EPA will retain its discretion to recover the economic
benefit that companies may have gained from violations,
to preserve the level plaving field for those who make an
early investment in compliance. The policy also includes
safeguards to prevent abuse For example, policy relief
would not be available for violations that result in senous
harm or imminent and substantial endangerment to public
health or the environment repeat violations, failure to take
measures to prevent recurrence or remedy harm, or for
violations that result from a corporation's conscious
disregard of legal duties. EPA also reserves the right to
investigate any individual or employee for oriminal
misconduct, even when not proceeding against a
corporation.
EPA's proposal offers a positive alternative to
across-the-board privileges and immunities that could be
used to shield criminal misconduct, drive up litigation
costs, and create an atmosphere of distrust between
regulators, industry-, and local communities.
Accomplishments to Date:
• Eighteen months of public meetings and dialogues with
a broad array of stakeholders from states,
environmental groups, trade and industry groups, and
professional auditing groups.
• The "Incentives for Self-Policing; Discovery,
Disclosure. Correction and Prevention of Violations"
was published in the Federal Register on December
22,1995 (60 FR 667060), and is available through the
Auditing Pokey Docket at 202/260-7548
• On March 18, 1996, EPA established a task group to
address polio,' implementation issues, including case
tracking, outreach, and continuation of a Quick
Response Team to ensure consistency in addressing
nationally significant issues arising in application of the
policy.
Next Steps:
• Conduct and make publicly available a study on the
results of the policy after three years.
EPA Contact. Brian Riedel 202/564-5006
nedel.bnan@epamail.epa.gov
3.5
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United States
Environmental Protection
Agency
Office of
Enforcement and
Compliance Assurance
Publication: 100-F-96XM1
May 1996
dEPA Risk-Based Enforcement
(RCRA Enforcement Division)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: Target enforcement, through a series of
coordinated actions, to violations that present the most
serious threats to human health and the environment
Background. Enforcement actions are most valuable
when they deter violations that could cause serious
harm to the environment or public health. Directing
enforcement actions according to risks and patterns of
noncompliance will make the most effective use of
limited resources. Additionally, reducing inspections
of facilities with good compliance records will free up
resources for the most serious noncompliance and risk
problems.
Providing greater access to data about compliance
history and environmental performance will help State
programs set priorities. Additionally, making this
information available to the public will allow
communities to track progress and compare similar
facilities. It may also lead to development of objective
environmental performance ratings by private sector
organizations.
Accomplishments to Date:
• Designed (and currently field testing) a
methodology" for having enforcement personnel
calculate the environmental benefits of each
enforcement case.
• Reduced inspections of wastewater discharges that
have outstanding compliance records To
accomplish this change, the policy on routine
inspections of major National Pollutant Discharge
Elimination System (NPDES) dischargers was
revised and focused on risk in September 1995.
• Modified policy on Resource Conservation and
Recovery Act (RCRA) inspections to focus on risk
and developed statutory1 language modifying
legislative requirements.
• Has completed in-house scientific peer review of
six methods that may be used to assess the relative
risk of specific facilities based on emissions to all
environmental media.
Next Steps
• Have enforcement personnel calculate the
environmental benefits of each enforcement case,
based on results of current methodology testing.
• Evaluate results of nsk-focused Clean Water Act
and RCRA revisions.
• Provide the public with data on compliance history
and environmental performance for facilities within
five industrial sectors.
• Evaluate results of having pro\ ided public with
data on compliance history and environmental
performance for facilities in five industrial sectors,
and consider expanding to other industrial sectors
• Encourage the use of one or more facility -specific
risk assessment models based on results of internal
and external scientific peer review
EPA Contact: John Fogerty 202 564-3865
3.6
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United States
Environmental Protection
Agency
Office of
Prevention, Pesticides
and Toxic Substances
Publication: 100-F-9G442
February 1996
&EPA Self-Certification of Pesticide
Product Registrations
(Registration Division)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying exit its mission. EPA's reinvention philosophy is to focus on unproved environmental
results, allowing flexibility in how results are achieved; to share information and decision-making with all stakeholders; to create
incentives for compliance with environmental requirements; and to lessen the burden of complying with environmental
requirements. Through reinvention, EPA is improving the way that it protects pubb'c health and the environment so mat America
can enjoy continued environmental improvement at reasonable cost
Objective: Eliminate unnecessary paperwork and review
associated with permitting and registration — beginning with
pesticide registration and expanding to other program areas.
Background: Self-certification means that regulated parties
may notify EPA that they are in compliance with EPA's
requirements, and EPA then accepts that certification rather
man reviewing the company's performance. Self-certification
may offer substantial savings for the regulated businesses and
for regulatory agencies. Pesticide registration, for example,
is one area where significant time and cost savings are likely:
• Self-certification for low-risk amendments to product
registrations will reduce EPA's work load and greatly
accelerate approval of many amendments. Approximately
20% of the 6,500 amendments received annually may
qualify for self-certification, which would result in a time
savings for each action of three to four months
• Self-certification of acute toxicity studies will speed
applications for lower toxicity new products and
amendments by eliminating the need for EPA to review
data. Many of the 600 applications with data received
each year would benefit from these changes.
• Self-certification of product chemistry studies will also
speed applications for new products and amendments by
reducing EPA's review tune.
• A computer program which determines the proper
precautionary- ("warning") labeling for a product will
enable registrants to submit correct labeling and help EPA
staff to assure that labeling is acceptable. This computer
program could reduce review time and help minimize the
number of applications which are rejected for incorrect
labeling
• Self-certification of new "me-too" products is being
explored. In support of mis effort, a study of the rejection
rate of applications will determine the incidence of
rejection and how EPA can help registrants submit
acceptable applications.
Description: EPA will pilot a program to test the concept of
self-certification of compliance witii specific companies.
Self-certification, if publicly credible, can offer an alternative
to traditional government inspections. In addition, EPA will
substantially streamline the pesticide product registration
process — using self-certification.
In broader application, self-certification could reduce
reporting of activities which do not involve environmental
measurements or significant risk. For example, self-
certification could extend to certain requirements of the Clean
Water Act for certain types of used chemicals and the Clean
Air Act under parts of the Enhanced Monitoring Rules.
(Continued on next page)
3.10
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Accomplishments to Date:
• Final Pesticide Registration Notice to expand types of
pesticide labeling and formulation changes that can be
self-certified was published on May 31,1995.
• Stakeholder meetings on rule to allow self-certification of
acute toxicity tests of pesticides.
• Development and internal use of computer software to
standardize "warning" pesticide labeling.
• A study of the rejection rate of applications has been
initiated to determine the incidence of and reasons for
rejection and how EPA can help registrants submit
acceptable applications.
Next Steps:
• Publish final rule expanding types of pesticide labeling and
formulation changes that can be self-certified.
• Propose then finalize rule to allow self-certification for
acute toxicity tests of pesticides.
• Publish final rule allowing self-certification for lab<
changes and toxicity tests.
• Finalize and make publicly available software
standardize "warning" labeling for pesticides.
• Develop and implement work plan for self-certificatic
"Me-too" registration of pesticides.
• Convene cross-Agency group to look for opportunitK
other EPA programs for self-certification.
• Complete the rejection rate study and decide how EPA
help registrants submit acceptable applications.
EPA Contact: JeffKempter 703/305-5448
-------
CUTTING RED TAPE
Reducing paperwork and cutting red tape
Agency-wide One-Stop Emission Reports 4.1
Reduction in Paperwork Burden 4.2
Electronic Data Transfer 4.3
Permits Improvement Team 4.4
Multi-Media Permitting 4.5
Water Refocus Drinking Water Requirements .. ... . ... 4.10
Simplify Water Permit Paperwork .. . ..4.11
Reinventing Effluent Guidelines . . 412
Reinventing Storm Water Permitting ... .. . .4.13
Air Consolidated Federal Air Rules .... 4.20
Flexible, Streamlined Air Permits 4.21
Simplify Review of New Air Pollution Sources 4.22
Toxics/Pesticides Exempt Low-Risk Pesticides From Regulation 4.30
Exempt Low-Risk Toxics From Regulation 4.31
Reinvent PCB Disposal Regulations 432
Waste
Refocus RCRA on High-Risk Wastes . .
State/Tribal Flexibility for Municipal Landfill Permits
440
441
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United States
Environmental Protection
Agency
Office of
Administration and
Resources Management
Publication: 100-F-96-043
May 1996
v>EPA One-Stop Emission Reports
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Consolidate environmental reports, provide
"one-stop" reporting for the regulated community, and
improve public access to the data collected.
Background. Environmental data is collected by EPA
and its state partners under a variety of statutory and
regulatory authorities. This approach is potentially
duplicanve and burdensome to industry, and also makes
the use of data by EPA, States, and the public difficult.
New approaches and information systems are needed
that can reduce reporting and paperwork burdens for
industry, foster multimedia and geographic approaches
to solving environmental problems, and provide the
public with meaningful, real-time access to
environmental data.
Description: To replace the multitude of reporting
forms currently required for all the different types of
pollution discharged from a single facility, EPA will
create a "one-stop" reporting system for the collection
of routine emissions data. EPA will also provide easy
public access to this environmental information.
Achieving this goal will require a fundamental
re-engineering of how EPA, the states and the regulated
community manage information. Given the magnitude
of this change, this initiative will be developed in
stages. This new system will create a common set of
basic information for all programs, starting with unified
facility identification information — the "key identifier"
will establish a consistent method for identifying and
registering regulated sources the will integrate Federal
and state data and ensure public access - and.
eventually, a common chemical nomenclature. Pilot
projects with the states and industry will be used to
evaluate and refine the One-Stop program.
The easy public access and consolidated reporting
provided by the One-Stop system will improve
environmental information management and save
industry, states, municipalities and the federal
government time and money.
Accomplishments to Date.
• A work plan has been drafted that integrates One-
Stop efforts with the over eighty efforts related to
consolidating emmissions reports (e.g. the Agency's
paperwork reduction efforts, electronic reporting
reforms and the project to consolidate emergency
response planning requirements across all federal
agencies).
• Preliminary discussions have begun with States,
industry and environmental groups to refine the
scope of the project and develop joint
implementation plans
Next Steps:
• Issue a public notice defining "ke> identifier"
options.
• Initiative One-Stop pilots in partnership with States
and Industry
EPA Contact: EdHcmley202 260-6980
e-mail hanley.ed&epamail epa gov
4.1
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United States
Environmental Protection
Agency
Office of
Policy. Planning,
and Evaluation
Publication: 100-F-96-044
March1996
&EPA Reduction in Paperwork Burden
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Identify obsolete, duplicative and unnecessary
monitoring, record-keeping and reporting requirements -
with a goal of ultimately reducing existing paperwork
burdens by at least 20 million hours.
Background: Virtually all EPA programs require regulated
entities to undertake environmental monitoring, to
maintain records and to periodically report information to
EPA The information generated by these requirements is
used to determine what pollution controls are necessary, to
ensure compliance with pollution control requirements.
and to obtain information on the impact of pollution and
pollution controls on the environment.
Most of EPA's information collection requirements have
been developed at separate times over many years to meet
the needs of individual environmental programs (e.g., the
hazardous waste program, the water pollution program).
As a result, some of the requirements are not
well-coordinated within or across programs and are
duplicative or inconsistent. Some requirements are also
not well-integrated with State programs for collecting
environmental information. Finally, some requirements
have not been reviewed recently to ensure that they are soil
necessary and that they reflect the latest developments in
monitoring techniques, environmental management and
information collection technology.
Description: On June 1. 1995, EPA reported to the
President all of the monitoring, record-keeping and
reporting regulanons it believes to be obsolete, duphcanve
or unnecessary, and which can be corrected quickly
through administrative or regulatory actions. With this
initial review completed. EPA has commenced rulemakmg
to make appropriate changes. Throughout calendar year
1995, EPA has worked extensively with States, local
governments, industry and environmental groups to
determine other requirements that should be revised or
a^ and what types of revisions are necessary. EPA
will then announce a broader program of paperwork
reforms that will entail numerous rule-by-rule revisions.
EPA's ultimate goal is to reduce existing monitoring,
record-keeping and reporting burdens by at least 20
million hours, giving special emphasis to requirements
imposed on States, localities, and small business. To attain
this goal, EPA plans to fully examine not only the need for
requirements, but also how essential information can be
collected and provided at lowest cost. Among other things,
the Agency will test the use of "one-stop" reporting (see
High Priority Action 9) and explore how technology (such
as electronic data interchange) can be used to reduce
paperwork burdens and improve the timeliness and
usefulness of information received.
Accomplishments to Date
• Completed line-by-line review of all rules to identify
the immediately available paperwork burden reduction
opportunities in June 1995
• 10 million burden hours will have been eliminated by
the end of March 1996
• An additional 7 million burden hours have been
identified for reduction.
Next Steps
• Propose and finalize elimination of the remaining 10
million burden hours required to meet our 20 million
burden hour reduction goal.
• Continue to identify new burden reduction
opportunities and meet the Paperwork Reduction Act's
target of an additional 5% reduction in the following
four years.
EPA Contact: Joe ReCer 202/260-2472
E-mail • retzer.joseph(a),epamail. epagov
4.2
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United States
Environmental Protection
Agency
Office of
Policy, Planning
and Evaluation
Publication: 100-F-9&O45
May 1996
&EPA Electronic Data Transfer
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Reduce industry burden and streamline
regulatory programs by using appropriate data transfer
technologies to reinvent the processes of industry
compliance.
Background: The switch to electronic reporting can
save money not only because of the reduction in
paperwork, but also because the switch may create
opportunities to integrate related or overlapping
reporting requirements now associated with separate
forms.
Description: EPA is introducing Electronic Data
Interchange (EDI) for the exchange of data between
regulated companies and government agencies. EDI is
the predominant form of paperless, computer-to-
computer exchange of data among US private-sector
organizations.
An EPA task force is modeling business processes
associated with compliance to identify targets of
opportunity for streamlining through electronic
reporting; setting implementation policy to ensure that
electronic reporting will be a legally valid substitute for
paper, and sponsoring electronic reporting initiatives to
move major Agency compliance reporting programs
from paper to electronic data transfer using 'open
systems' approaches consistent with current industn
practices. The EDI effort represents a partnership
among EPA, interested states, and regulated companies
The strategy is to begin with high volume, large burden
EPA reports. As the Agency gains experience.
attention will shift to smaller submitters. The
demonstrated success of environmental EDI will be
used to foster a private-sector market for electronic
reporting and automation tools suitable for the small
business community based on public domain data
models and formats
Accomplishments to Date:
• Launched EDI pilot for Reformulated Gas (RFG)
reporting Since 1995, companies regulated under
the RFG rule have been allowed to submit
compliance data electronically, without the need to
get individual prior approvals from EPA.
Next Steps:
• Expand EDI to three programs — discharge
monitoring reports (DMR/NPDES), hazardous wast
manifests, and municipal water system laboratory
reports — that total almost 50% of information
collected b> EPA
• Publish a general policy on EDI implementation.
• Demonstrate business process reengineering
methods for streamlining an industry's compliance
with EPA/State/local environmental regulations.
EPA Contact: David Schwarz 202-260-27JO
e-mail: schwarz david@epamail.epa.gov
4.3
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United States
Environmental Protection
Agency
Region 2 and the
Office of Solid Waste and
Emergency Response
Publication: 100-F-96-046
May 1996
v>EPA Permits Improvement Team
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Examine all EPA's permitting programs, and
determine how they can be improved
Background: Requiring permits of industrial and
municipal facilities has proven an enormously effective
method of controlling pollutant emissions to the air.
land and water. As part of its effort to provide better
environmental protection at less cost, EPA is examining
both the philosophy and the practice of its permitting
systems, to determine how they can be made more
effective and efficient.
Description: EPA's Permits Improvement Team (PIT)
is developing recommendations in the following areas:
• administrative streamlining for permit programs;
• alternatives to individual permits;
• enhanced public participation in permit processes;
• incorporating pollution prevention incentives into
permit programs;
• improving training on permit programs; and
• establishing performance measures for permit
programs.
Specific recommendations include:
• expanding the use of general permits and permit-by-
rule, especially in the storm water and hazardous
waste programs;
• developing guidance to maximize operational
flexibility and encourage pollution prevention in a
permit;
• drafting generic performance measures to assess the
timeliness of permits, level of compliance with
permit conditions, and customer satisfaction;
• developing mechanisms to promote access to
environmental information;
• finding ways to lessen reporting requirements for
individual and general permits in exchange for
reducing net emissions;
• creating a national inventory of all regulatory
thresholds for permitting in one industrial sector;
• developing information packages to help provide
local training;
• developing expert systems to help permit writers in
drafting permits; and
• focusing EPA corrective action resources on states
without cleanup programs.
The PIT has also drafted a concept paper on
environmental permitting that is intended to provide an
overall direction for running the permitting process.
During the next year, the PIT will focus on assisting
Program Offices in implementing these
recommendations
Accomplishments to Date:
• Hosted ten stakeholder meetings during Summer
1995.
• Published draft recommendations in April 1996.
Next Steps:
• Finalize recommendations.
• Implement recommendations throughout EPA.
EPA Contact: Lance Miller 202-260-0632
908-321-6782
e-mail: miller.lance'ai.epamail.epa.gov
internet- http- i\ww. epa.gov/docs/OSWRCRA/
hazwaste/permit'pit
4.4
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United States
Environmental Protection
Agency
Office of
the Administrator
Publication: 100-F -96-047
May 1996
&EPA Multi-Media Permitting
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: Pilot test "one-stop" permitting to reduce
paperwork and procedural burdens, avoid duplication
and inconsistencies, and assure more comprehensive
environmental protection.
Background: Many facilities must obtain multiple
environmental permits in order to operate, addressing
releases of pollution to several environmental media
(e.g., air, water, soil). In many cases, these permits
are issued at different times and by different permit
authorities.
The absence of a single, coordinated permitting
process has created problems for both permittees and
regulators. Permittees frequently find themselves
preparing multiple applications and going through
multiple permit proceedings to obtain all the
necessary permits for a single facility. Multiple
permits may not adequately address all
environmental problems (as some problems may "fall
through the cracks"). Further, because they do not
address environmental problems holistically,
multiple permits may result in the undesirable
crossmedia transfer of pollutants. Finally, these
permits may contain overlapping, poorly coordinated
and contradictor,- requirements.
Description: EPA will pilot test the feasibility of
issuing a single environmental permit for facilities
which currently require multiple permits. Permittees
at pilot facilities would submit a single application
for a single permit setting forth all the pollution
control requirements for that facility. EPA will work
with the permittee, the affected State and local
communities to assure that all releases from a facility
are addressed, that permitting requirements for all
media are well-integrated, and that duplication and
inconsistencies are avoided. This approach will
promote "common sense" solutions to multimedia
pollution problems and encourage the use of
pollution prevention.
Accomplishments to Date:
• Held multimedia permitting conference with
interested states in November 1995.
• Six states currently participating: Arizona,
Delaware, Minnesota, New Jersey, New York,
and Pennsylvania.
• New Jersey has four multimedia permits issued
and more than ten in progress
Next Steps:
• States to gather information from participating
facilities on current permit structure
• States to draft and finalize multimedia permits.
• Draft, finalize and make available project report
EPA Contact Nikla Roy 202/260-2257
e-mail: roy.mkki(a,,epamail epa.gov
4.5
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United States
Environmental Protection
Agency
Office of Water
Publication: 100-F-96-O48
February 1996
vvEPA Refocus Drinking Water Requirements
(Office of Groundwater and Drinking Water)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Focus the EPA drinking water program on
the highest risks and increase flexibility for states and
water suppliers.
Background: The 1986 amendments to the Safe Drinking
Water Act (SDWA) required EPA to issue national
standards for 83 contaminants in 1989 and 25 additional
contaminants every three years thereafter. This regulatory
"treadmill" is now widely recognized as diverting
resources from high priority risks to lower priorities
These regulations have also had the effect of requiring
expensive monitoring, especially for small systems that
provide water to the public.
Description: During the SDWA reauthorization effort,
the Administration emphasized:
• Targeting regulations on substantial health risks
• Retaining State management of drinking water
programs
• Providing funding and technical assistance for small
systems that provide drinking water to the public
• Reducing monitoring burdens
• Preventing pollution by effectively protecting
drinking water sources
EPA will improve the performance of the drinking water
regulatory program - without the need for legislative
changes - in three areas'
• Establishing priorities for rulemaking based on health
risks. EPA is seeking a delay for all court schedules
for drinking water and, based on a reassessment of
health risks posed by contaminants in drinking water
and consultation with all stakeholders on regulatory
priorities and approaches, EPA will set new pnonnes
and schedules for drinking water rulemaking.
• Encouraging voluntary treatment EPA is working
with water suppliers and States to develop a
voluntary program to improve the treatment of
drinking water so as to reduce the occurrence of
bacterial and other microbiological pathogens.
• Simplifying monitoring requirements. EPA will
streamline monitoring requirements for chemical
contaminants in drinking water and allow further
"tailoring" of monitoring based on the existing
quality of the drinking water source.
Accomplishments to Date.
• Proposed Redirection of National Priorities for
Drinking Water Regulation in November 1995.
• Announced voluntary treatment optimization program
in March 1995. Technical support documents
published in November 1995. Over 90 systems
signed up to participate.
• Distributed concept paper in November 1995 to
States and other stakeholders on streamlining
chemical monitoring requirements.
Next Steps:
• Finalize Drinking Water redirection report.
• Announce first Voluntary treatment optimization
program participants, and track improvements that
result.
• Propose and finalize rule to provide expanded
flexibility to allow States to tailor their chemical
monitoring requirements according to local
circumstances.
EPA Contact: Elizabeth Corr 202/260-8907
corr. ehzabeth(a^epamail. epa. gov
4.10
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United States
Environmental Protection
Agency
Office of Water
Publication: 100-F-96-049
February 1996
©EPA Simplify Water Permit Paperwork
(Office of Wastewater Management)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making
with all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden
of complying with environmental requirements. Through reinvention, EPA is improving the way that it protects
public health and the environment so that America can enjoy continued environmental improvement at reasonable
cost.
Objective: Reduce the paperwork burden imposed on
municipalities and businesses applying for water
discharge permits, without sacrificing environmental
protection.
Background: Under the Clean Water Act, any
facility that needs to discharge wastewater containing
pollutants into waters of the United States needs a
National Pollutant Discharge Elimination System
(NPDES) permit To get a permit, a facility needs to
submit an application. However, the application
forms for municipal and industrial facilities are quite
old, and do not require all the necessary information.
Permit authorities often need to ask permit applicants
to submit additional information, thus delaying the
overall permitting process. In addition, some of the
information requirements in permit application are no
longer needed, or may duplicate information available
from other sources.
Description: EPA has examined the permit
application process to identify ways it could be
streamlined (e.g., consolidate steps) and to simplify
the application forms for water discharges, in part by
minimising the data required to complete NPDES
wastewater discharge permit application forms
(NPDES Municipal Form 2A, NPDES Industrial
Form 2C, and sludge use or disposal Form 2S).
The Agency is also exploring ways to revise the
NPDES storm water permit reapplication
requirements for Phase I municipal storm water
systems (MS4s).
Additionally, EPA is taking steps to establish a
system that will allow facilities to send their permit
application and information to the Agency via
electronic date transfer. This will will significantly
reduce municipalities' and businesses' time and
paperwork burden when applying for a water
discharge permit application.
Accompbshments to Date:
• Proposed new wastewater and sewage sludge use
or disposal permit applications (Forms 2A, 2S)
rule for municipalities in December 1995.
• Transmitted to selected states for initial comment
a draft policy document pertaining to re-
application requirements for municipal separate
sewer systems in February 1996 (Form MS4).
Next Steps
• Finalize rule for municipal permit applications
(Forms 2A, 2S).
• Draft, propose and finalize industrial permit
application rule (Form 2C)
• Propose and finalize the pohc> for municipal
separate storm sewer permit re-applicanons (Form
MS4).
EPA Contact James Pendergast 202 260-9545
pendergast.james'Oj.epamail.epa.gov
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United States
Environmental Protection
Agency
Office of Water
Publication: 100-F-96-050
February 1996
SEPA Reinventing Effluent Guidelines
(Engineering and Analysis Division)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making
with all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden
of complying with environmental requirements. Through reinvention, EPA is improving the way that it protects
public health and the environment so that America can enjoy continued environmental improvement at reasonable
cost
Objective: Encourage innovative approaches to
reducing and preventing water pollution.
Background: Under the Clean Water Act (CWA)
EPA establishes technology-based effluent
limitations for facilties that discharge directly to
water bodies and pretreatment standards for
facilites that discharge to sewage treatment
systems. Members of the regulated community
have indicated that the deadlines for complying with
these requirments discourage innovation because
they are too short. Regulated facilities often rely on
proven technologies to comply without exploring
potentially more effective technologies.
Description: To encourage innovation and pollution
prevention, EPA will propose targeted Clean Water
Act revisions to extend effluent compliance
schedules (for a period not to exceed five years)
when companies apply innovative approaches to
achieve environmental improvements beyond those
of conventional technologies.
Accomplishments to Date:
• Drafted statutory language to extend the
compliance penod not to exceed five years at
EPA's discretion, in March 1995.
Next Steps:
• Finalize proposed statutory language.
• Upon Congressional authorization, build
schedule extensions into effluent guidelines in
progress.
EPA Contact: Virginia Kibler 202-260-1238
Idbler. virginia@epamail. epa.gov
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United States
Environmental Protection
Agency
Office of Water
Publication: 100-F-9WJ51
February 1996
Reinventing Storm Water Permitting
(Office of Wastewater Management)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying with
environmental requirements. Through reinvention, EPA is improving the way mat it protects public health and the environment
so that America can enjoy continued environmental improvement at reasonable cost.
Objective: Protect urban watersheds from the pollution
that can be caused by storm water runoff. EPA will gain
the largest environmental benefit at reasonable costs to
the regulated community by applying permit requirements
only to facilities deemed highly likely to cause pollution
due to storm water runoff.
Background: AH municipal, business, industrial.
commercial, and retail facilities are potentially subject to
National Pollutant Discharge Elimination System
(NPDES) permitting if they are identifiable as a "point
source" discharger of storm water runoff. Most of these
facilities became subject to NPDES permitting on
October 1, 1994, and are referred to as "Phase H
faculties."
This caused concern among potentially regulated entities
around the country that all point source dischargers of
storm water are illegal unless authorized by an NPDES
permit. Many of these dischargers may not cause
environmental problems, and regulating them would pose
a burden well beyond any environmental benefits that
might be derived.
Description: EPA will set up a formal process with all
stakeholders to limit storm water control requirements to
only those facilities where a water quality problem exists
This would exempt millions of sites (small municipal and
light industry and commercial sites ~ nearly 80 percent of
the universe now subject to regulation) without any
significant impacts on water quality. EPA will target
Phase El storm water controls to gain the largest
environmental benefit with reasonable costs by applying
permit requirements - using targeted controls - to only
certain high-risk sources. Other sources would not be
regulated under the NPDES program unless designated by
the permitting authority, primarily States, as causing
water quality problems.
Accomplishments to Date
• Transmitted to Congress, in March 1995, a report on
which currently unregulated (Phase IT) sources of
storm water may cause warrent environmental
concern.
• Promulgated a rule giving most Phase II sources six
years to apply for a permit, while allowing state
permitting authorities to require a permit of those
sources currently causing water quality problems.
This rule, promulgated in August 1995, provides the
necessary time for EPA and stakeholders to complete
their discussions before any permits are required
• Began a stakeholder process under the Federal
Advisory Committee Act (FACA), also in Agusut
1995, to determine which high-nsk storm water
sources require further controls to gain the largest
environmental benefit at reasonable costs.
Next Steps:
• Complete FACA discussions.
• Propose a rule that presents the FACA
recommendations and other options for further storm
water control.
• Finalize the storm water control rule.
EPA Contact: James Pendergast 202-2960-9545
pendergasl.james@epamail. epa.gov
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United States
Environmental Protection
Agency
Office of
Air and Radiation
Publication: 100-F-96-052
March 1996
vc/EPA Consolidated Federal Air Rules
(Office of Air Quality Planning and Standards)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost.
Objective. For any single industry, such as the
synthetic organic chemical industry, all Federal air
rules will be incorporated into a single rule containing
all applicable emission limitations, monitoring, record
keeping and reporting requirements.
Background: Over the past 25 years, EPA has issued
a series of national air regulations, many of which
affect the same facility. Some facilities are now
subject to five or six national rules, sometimes
affecting the same emission points. Each rule has
emission control requirements as well as monitoring,
record keeping and reporting requirements.
These requirements may be duplicative, overlapping,
difficult to understand, or inconsistent. It is often
difficult for plant managers to determine compliance
strategies to satisfy all requirements and for State and
local permitting agencies to determine the applicability
of different requirements for permitting purposes.
Resources are often wasted by both industry and states
and localities in "sorting out" and complying with the
panoply of multiple requirements. Moreover, as the
Agency continues to issue new air toxics rules, as
mandated by the CAA, the problem is compounded.
Description: All existing Federal air rules applicable
to an industry- sector will be reviewed to determine
whether their provisions can be consolidated into a
single new rule. Affected industries, state agencies.
and other stakeholders will be consulted to identify
duplicative and conflicting provisions and to provide
assistance in drafting the single rule.
The chemical industry and state representatives have
agreed to work on a pilot project with EPA's air
programs to explore this approach. If the approach is
successful with the chemical industry, it will be
expanded to air rules for other industry sectors. EPA
will then consider extending this program to water and
waste requirements
Accomplishments to Date
• EPA/state/chemical industry workgroup established
and working well
• Stakeholder meeting held in August 1995 to explain
consolidated approach. Environmentalists endorsed
progress and intent to date.
• Drafts for three major sections of the proposed rule
(storage tanks, process vents, transfer equipment)
have been drafted.
Next Steps
• Draft final three major sections, then integrate all
sections into one proposed rule.
• Prepare supporting documentation for proposal.
• Brief interested parties on complete proposal.
• Propose and finalize consolidated federal air rule
for synthetic organic chemical industry
• Monitor success and consider expansion to other
industries and media.
EPA Contact. JackEdvardson 919,541-4003
edwardson.jackaj,epamail.epa.gov
Rick Colyer 919''541-5262
colyer riclcQepamail epa.gov
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United States
Environmental Protection
Agency
Office of
Air and Radiation
Publication: 100-F-9&4S3
March1996
&EPA Flexible, Streamlined Air Permits
(Office of Air Quality Planning and Standards)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making
with all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden
of complying with environmental requirements. Through reinvention, EPA is improving the way that it protects
public health and the environment so that America can enjoy continued environmental improvement at reasonable
cost.
Objective: Promote development of facility-wide air
permits that provide industry with the flexibility to
respond to the demands of the market place while
more efficiently achieving environmental
requirements.
Background: Industry has expressed a perception
that air permits impose burdens which to not help
improve environmental protection but which hinder
its flexibility to respond to the demands of the
market place. This project is intended to dispel that
perception by demonstrating that operational
flexibility can be maintained or improved and
regulatory requirements can be streamlined without
compromising the protection of the environment
Description EPA will conduct several
demonstrations of facility-wide limits for air
emissions that allow companies increased
management flexibility and to use least-cost control
options. This approach will reduce the amount of
time industry must devote to permitting activities
and save millions of dollars in permitting costs. The
Agency will select the initial demonstration pilots in
early 1996, and assist State air agencies in issuing
permits for those projects during the coming year
Additional pilot projects will be developed
throughout the calendar year. EPA will also explore
policy development to streamline treatment of
multiple applicable air requirements where there is
redundancy or conflict.
Accomplishments to Date:
• Proposed initial guidance to allow flexibility
within Part 70 permits (August 31, 1995).
• Developed project selection criteria.
• Drafted guidance to streamline multiple
applicable air requirements (February 12,1996).
• Selected two initial flexible permit projects
(December 1995). The first kick-off meeting
was on January 23, 1996, for Cytec Corp and
the State of Connecticut A press conference
was held the next day.
• A kickoff meeting for the Lasco project was
held in Seattle on February 14 and 15, 1996.
• Issued final guidance for streamlining multiple
applicable air requirements (March 5, 1996)
Next Steps:
• Continue the two ongoing flexible, streamlined
permit projects.
• Develop and initiate additional projects
• Work with States to develop and implement the
principles for producing flexible permits.
EPA Contact: Mike Trutna 919-541-5345
e-mail: trutna. rmke(a),epamail. epa.gov
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United States
Environmental Protection
Agency
Office of
Air & Radiation
Publication: 100-F-96-O54
May 1996
Simplify Review of
New Air Pollution Sources
(Office of Air Quality Performance and Standards)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on unproved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost
Objective: Simplify EPA's review of new air pollution
sources.
Background: The New Source Review provisions
require large industrial facilities to obtain permits
before they build new facilities or significantly increase
emissions at existing ones.
The requirements and procedures that evolved under the
New Source Review (NSR) program were complex and
prescriptive. Under certain circumstances, these
requirements have limited a plants' production
flexibility, or inadvertently impeded the conversion of
older higher-polluting processes to more efficient and
environmentally- beneficial new ones.
Description: Over the last several years, EPA has
worked extensively in partnership with major
stakeholders, including industry, environmental groups,
state and local governments and other federal agencies
to reform NSR.
On April 3, 1996. EPA announced a proposal to
significantly streamline and simplify the process of
determining which new and modified industrial
facilities must be reviewed for significant
environmental impact. The proposal will:
• Cut in half the burdensome paperwork process of
issuing air emission permits under the NSR
program, saving industry and states over $13 million
a year in administrative costs while still ensuring
strong environmental protection;
• Exempt from NSR facilities installing effective
pollution prevention measures or innovative
pollution control technology;
• Give facilities the flexibility to set one plant-wide
emissions '"cap " Changes in operations would be
exempt from NSR, providing the overall cap is not
exceeded,
• Exempt from NSR pollution control projects
substituting environmentally-safe substitutes for
stratospheric ozone-depleting substances;
• Grant more flexibility to facilities doing a good job
of controlling air pollution are granted more
flexibility than to those doing a poor job;
• Give States much greater flexibility in determining
the kind of effective pollution control technology
that their industries must use;
• Improve the process of protecting important natural
areas by providing for earlier stakeholder
involvement during the permit application process;
Accomplishments to Date
• Announced proposal to simplify the New Source
Review Program in April 1996.
Next Steps:
• Gather, review and incorporate, as appropriate,
additional stakeholder comments about the proposal.
• Finalize the rule
EPA Contact Dennis Grumpier 919/541-0871
crumpler. denms@epamcnl. epa.gov
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United States
Environmental Protection
Agency
Office of
Prevention, Pesticides
and Toxic Substances
Publication: 100-F-96-055
May 1996
&EPA Exempt Low-Risk Pesticides
from Regulation
(Office of Pesticide Programs)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making
with all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden
of complying with environmental requirements. Through reinvention, EPA is improving the way that it protects
public health and the environment so that America can enjoy continued environmental improvement at reasonable
cost.
Objective. Eliminate EPA review for categories of
pesticide ingredients known to be of low-risk,
thereby reducing unnecessary and time consuming
paperwork for manufacturers and EPA.
Background: Under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), producers
of pesticides are required to register their products.
The registration process is formidable, for both the
applicant (often small businesses) and EPA.
Regulating substances made solely of ingredients
that help control pests but are otherwise
environmentally benign poses an unnecessary
burden on producers and EPA.
Description. EPA therefore developed a system for
identifying low-risk pesticide ingredients that it then
exempted from regulation under FIFRA.
Consideration was given to whether the substance:
• Is widely available to the general public for other
uses;
• Is a common food or constituent of a common
food;
• Has a nontoxic mode of action;
• Is recognized by the Food and Drug
Administration (FDA) as safe;
• has not shown significant adverse effects,
• Is used in such a manner as to not result in
significant exposure, and
• Is not likely to be persistent in the environment.
EPA has determined that, provided certain labeling
requirements are met (as specified the 25 (b) rule
published on March 6, 1996), use of pesticides
containing exclusively active ingredients that have
been exempted by EPA and inert ingredients that
have been identified by EPA as "minimum risk"
poses insignificant risks to human health or the
environment. The burden imposed by regulation is.
therefore, not justified.
Accomplishments to Date
• Published final 25b rule, which identified 31
low-risk active pesticide ingredients and 160
inert pesticide ingredients, on March 6. 1996
Properly labeled pesticides containing only
identified low-risk ingredients are exempt from
regulation
Next Steps:
• Formalize the exemption process for low-risk
pesticide ingredients through a ruiemaking
EPA Contacts
BobBrenms 703/305-7501
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United States
Environmental Protection
Agency
Office of
Prevention, Pesticides
and Toxic Substances
Publication: 100-F-96-056
May 1996
&EPA Exempt Low-Risk Toxics
from Regulation
(Chemical Control Division)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with all
stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of complying
with environmental requirements. Through reinvention, EPA is improving the way that it protects public health and the
environment so that America can enjoy continued environmental improvement at reasonable cost..
Objective: Eliminate EPA review of for categories of
chemicals well established to be of low concern to public
health and the environment, thereby reducing
unnecessary and time consuming paperwork for
manufacturers and EPA.
Background: Under the Toxic Substances Control Act
(TSCA), producers of polymers, the basic molecular
ingredients in plastic, are required to submit
premanufacturing notice to EPA prior to introducing any
new polymers into commerce. Through its New
Chemical Program. EPA then review each new polymer
to determine that it poses no significant threat to public
health and the environment.
With the experience gained by assessing the hazards
associated with over 10,000 new polymeric substances
over the past 15 years, EPA had developed catena for
identifying polymers of low-risk. Based on these
criteria, fully one-third of the new polymers that EPA
was reviewing as of March 1995 were known to be low-
risk substances. But EPA had no legal mechanism for
exempting these polymers from review.
Description: In 1995, EPA published a rule that allows
the manufacture and distribution of polymers meeting the
low-risk exemption criteria without pnor EPA
notification. Promoting the development of this category
of polymers by reducing the regulatory burden and
eliminating the delay of introducing these products into
commerce will have significant economic benefits. This
action could yield a 34 percent reduction in the number
of new polymers that EPA must review through its New
Chemical Program, with no additional nsk to the
environment.
Accomplishments to Date:
• Published final polymer exemption rule on March 29,
1995
• Since promulgation of the exemption, EPA staff have
conducted technical workshops, industry seminars,
and public meetings to provide technical and
regulatory information on the exemption and
guidance on the benefits of the exemption for industry
and EPA,
• Published draft technical guidance and question &
answer documents on the exemption.
Next Steps:
• Publish report on number of polymers manufactured
under the exemption.
• Assess economic savings and environmental
protection that has resulted.
• Publish final guidance document and Q& A document
on polymer exemption.
EPA Contact- Mary Cushmac 202/260-4443
cushmac.maryQepamail. epa.gov
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United States Office of
Environmental Protection Prevention, Pesticides
Agency and Toxic Substances
Publication: 100-F-96-057
April 1996
Reinventing PCB Disposal Regulations
(Office of Program Management and Evaluation)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making
with all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden
of complying with environmental requirements. Through reinvention, EPA is improving the way that it protects
public health and the environment so that America can enjoy continued environmental improvement at reasonable
cost.
Objective: Provide states and the regulated
community with the flexibility to choose less
expensive polychlorinated biphenyls (PCBs)
disposal methods that still achieve health standards
Background: The Toxic Substances Control Act
(TSCA) bans the manufacture (including import),
processing, distribution in commerce (including
export) and use (except in a totally enclosed
manner) of PCBs. It also directs EPA to establish
standards for disposal and marking of PCBs.
However, TSCA allows EPA to modify these bans,
through rule making, where it finds no unreasonable
risk of injury to health and the environment.
Description: EPA is developing a rule that will
revise the PCBs disposal regulations to provide
states and the regulated community with options and
flexibility for implementing the PCBs management
program under TSCA, using a risk-based approach.
This rulemaking is the first comprehensive review of
the PCB regulations in the 17-year history of the
program.
The proposed regulatory changes would reduce
regulatory burden by modifying or deleting outdated
requirements; harmonizing TSCA, the Resource
Conservation and Recovery Act (RCRA). and the
Comprehensive Environmental Response.
Compensation and Liability Act (CERCLA, or
Superfund) and other Federal requirements for
PCBs; reducing duplication and costs through self-
implementation of low risk activities; fostering
coordination of Federal and state permits; and
allowing risk-based disposal of certain PCB wastes.
The Agency is also taking steps to reduce the
number of permits required for disposal, and
working to eliminate duphcative state and federal
controls. EPA estimates a 2-6 billion dollar per
year savings in compliance and disposal costs for up
to 20 years may result from these efforts.
Accomplishments to Date:
• Published a notice of proposed rulemaking on
December 6. 1994.
• Conducted 25 public briefings on the proposal.
• Elicited well over 4,000 comments on the
proposed rulemaking.
Next Steps:
• Finalize and implement the rule.
• Identify and implement other changes to reduce
the number of changes required for PCB
disposal.
• Identify and implement opportunities to
eliminate duphcative state and federal controls
and reporting requirements.
EPA Contact- Tony Baney 202-260-3933
baney. iony@epamail. epa.gov
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United States
Environmental Protection
Agency
Office of
Solid Waste &
Emergency Response
Publication: 100-F-96-058
May 1996
v>EPA Refocus RCRA on High-Risk Wastes
(Office of Solid Waste)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on unproved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making with
all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden of
complying with environmental requirements. Through reinvention, EPA is improving the way that it protects public
health and the environment so that America can enjoy continued environmental improvement at reasonable cost.
Action: Better target private industry and
government resources toward higher-nsk
environmental problems related to hazardous waste
management.
Background: EPA's hazardous waste regulations
have been effective in assuring that hazardous waste
is safely treated, stored and disposed of. However,
some of these regulations require all hazardous
wastes to meet the same management standards and
do not tailor standards to the nature or degree of risk
posed by particular wastes.
Description. EPA plans to make the following major
changes to better focus its hazardous waste
regulations on high-risk wastes and reduce
impediments to recycling:
• Hazardous waste identification rule — To better
align hazardous waste regulatory requirements
with the risks being controlled, the Agency has
recently proposed a rule to allow low-risk listed
hazardous wastes to exit the hazardous waste
regulatory scheme. This rule has been developed
through a multi-stakeholder, consensus-based
process
• Contaminated soil, ground water and surface
water — EPA will allow states greater flexibility
in determining the appropriate way to regulate
soil, ground water and surface water which is
contaminated with relatively small quantities of
hazardous waste. The expense and difficulty of
managing high-volume, low-nsk wastes as
hazardous wastes can impede cleanup.
"Universal wastes" -- Many discarded batteries,
thermostats and pesticides are now regulated as
hazardous wastes. Retail outlets and other
businesses are reluctant to collect these items for
recycling because of the expense and complexity
of the regulatory requirements. EPA issued a rule
last April which significantly reduces regulatory
requirements (including paperwork) for retail
outlets and other entities that collect these
materials for recycling. In the future, EPA and
States may include other appropriate hazardous
wastes in this special collection scheme.
"Common-sense" definition of solid waste - EPA
will modify its regulations defining when
hazardous materials which are recycled, recovered
or reused are "wastes" and thus subject to EPA
hazardous waste regulations. The Agency's goal
is to reduce impediments to environmentally
sound recycling and to simplify and clarify its
regulations. This rule will establish a simplified
regulatory framework, as well as tailored
approaches for selected key industries.
(continued on next page)
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Accomplishments to date:
• Convened a multi-stakeholder process to identify
a legislative package of reforms to fix provisions
of RCRA that result in high costs and marginal
environmental benefit
• Submitted targeted RCRA corrections legislative
package to the White House.
• With support of the Administration, Congress
passed one of these amendments to RCRA,
exempting certain low-risk wastes from the land
disposal restrictions, which the President is
expected to sign into law.
• Issued final Universal Waste Rule April 25,1995.
• Proposed Hazardous Waste ID rule on December
21,1995.
• Proposed Contaminated Media rule for Office of
Management and Budget for review on October 2,
1995.
• Proposed changes to the definition of solid waste
for Petroleum Refining Industry wastes on
November 20, 1995.
• Proposed changes to the definition of solid waste
for Mineral Processing Industry wastes on
January 25,1996.
Next Steps:
• Finalize hazardous waste ID rule.
• Propose and finalize Contaminated Media rule.
• Finalize changes to definition of solid waste for
Petroleum Refining and Mineral Processing
Industries.
• Propose and finalize changes to general definition
of solid waste.
EPA Contact: Gail Cooper 202/260-4807
cooper.gml@epamail. epa.gov
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United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication: 100-F-96-059
May 1996
State/Tribal Flexibility for
Municipal Landfill Permits
(Office of Solid Waste)
Quick Reference Fact Sheet
Reinvention is the new way EPA is carrying out its mission. EPA's reinvention philosophy is to focus on improved
environmental results, allowing flexibility in how results are achieved; to share information and decision-making
with all stakeholders; to create incentives for compliance with environmental requirements; and to lessen the burden
of complying with environmental requirements. Through reinvention, EPA is improving the way that it protects
public health and the environment so that America can enjoy continued environmental improvement at reasonable
cost.
Objective: Encourage states and tribes to develop
sound municipal solid waste landfill permitting
programs that ensure protection of human health
and the environment while providing a flexible,
performance-based approach.
Background: Under me Resource Conservation and
Recovery Act (RCRA), States must have EPA's
approval to assess and permit their landfills using
performance-based (rather than technology-specific)
standards. The rule would also clarify EPA's
authority to approve landfill permit programs on
Tribal lands.
Description. EPA is proposing criteria for
approving state and tribal programs that regulate
municipal solid waste landfills. States and Tribes
that receive EPA approval of their programs have
the opportunity to provide a lot of flexibility to
administer landfill programs that can be geared to
local conditions and can make the costs of municipal
waste management more affordable.
Approved states and tnbes will be able to use the
performance-based standards in permitting
municipal solid waste landfills rather than the more
prescriptive design and management (technical)
standards that landfill owners must meet in States
without approved programs.
Accomplishments to Date.
• The rule was proposed on January 26, 1996.
• EPA has approved 47 programs to date
including one Tribal program, one in a territory
and 45 state programs using the draft rule as
guidance.
• Conducted outreach to States
• Encouraged Tribal interest in permit program
approval including sessions at the Third National
Tribal Conference on Environmental Management
at Flathead Nation (May 21-23, 1996)
Next Steps:
• Incorporate comments and finalize the rule.
• Continue to work with States, Tribes seeking
program approval or modifying programs.
EPA Contact- Mia Zmud 703/308-7263
zmud.mia@epamail.epa.gov
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