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REINVENTING ENVIRONMENTAL
PROTECTION
1998 ANNUAL REPORT
MARCH 1999
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CONTENTS
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GOALS / . . . . ./:'... 4
EXECUTIVE SUMMARY /.... / 6
INTRODUCTION ,. 13
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BETTER ENVIRONMENTAL INFORMATION 16
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The Center for Environmental Information and Statistics ;' 17
An Index to Gauge Watershed Conditions 18
Communities Develop Real-Time Reporting Capabilities 18
New Initiatives Advance the Public's Right-to-Know 20;
The First National Report on the Quality of America's Drinking Water 21,
Can an Informed Public Really Make a Difference? ,,,.^^ii.,_J,_J
A Vice-Presidential Challenge to Improve Chemical Testing "22
A Commitment to Improve Stakeholder Involvement 23
New Tools^Allow Comparisons of Environmental Performance 24
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Working With the States ... . . J 26
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Commissioner 28
30
: •-^-Helping^Communities Revitalize Brownfields 31
Voluntary Actions. Protect the Environment and Save Money 33
-Agencies' Unite to Protect Drinking Water 35
, Engaging the Scientific Community in High-Priority Research 36
Sharing Financial Risk 36
M.ORE'TAILORED, FLEXIBLE APPROACHES 38
, „,_, Cleaner Air 38
Another Market-Based Approach for Electric Utilities 39
Flexible Air Toxics Regulation 39
Watershed Protection 40
The Clean Water Action Plan 41
Pollution Prevention 42
Presidential Awards Recognize Innovation in the Chemical Industry 43
An Industrial Sector Approach to Environmental Protection:
What We Learned From the Common Sense Initiative 44
Laying the Foundation for Effective Industry Programs 48
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REINVENTING ENVIRONMENTAL PROTECTION
Project XL Offers Alternatives to Current Regulation 48
Use and Development of Nettf Environmental Technology 50
\
GETTING TO COMPLIANCE—A,XND BEYOND 53
Support for Environmental, Management Systems 53
Regions Play Key Role in Evaluating\Environmental Management Systems 55
"Qnline\Assistance—Compliance Assistance Centers 55
^ \ ' \
Onsipe Assistance \. . . . \. 57
EPA's SmalkBusiness Ombudsman . . i ' 57
Sector "Notebooks"—Another Compliance Tool 57
Regulatory Incentives !....{ 58
•BusinessesrHelping-Businesses-ImjpTove Environmental Performance 59
irfctermon! EPA's New Enforcement Alerts 60
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.ttention!
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How Well Are Our Programs Working^' 61
60
LESS REGULATORY BURDEN . ./ 62
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A'Cons'olidated Air Rule fo/ Chemical Manufacturers 64
.-Streamlined Certification Process for Automobile Makers 64
Hazardous Waste Management-Reform 64
Special Help on Drinking Water for Small Communities 66
Streamlining Registration^Activities for Low-Risk Pesticides 66
Eliminating'Barriers Tphat Discourage Removal of Lead-Based Paint 67
More State Management Options for Controlling Air Toxics 67
Writing regulations People Can Understand 68
The Plain Language Effect 69
CONCLUSION 70
APPENDIX: STATUS OF EPA REINVENTION PROJECTS 71
EPA REGIONS
80
DIRECTORY OF WEB SITE ADDRESSES 81
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REINVENTING ENVIRONMENTAL PROTECTION
f EPA's NATIONAL GOALS FOR PROTECTING
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PUBLIC,HEALTH, AND THE ENMRQNMJENI ^
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L^LE AN /v IR^ The air in every American community will be safe and healthy to
breathe. In particular, children, the elderly, and people with respiratory ailments will be pro-
tected from health risks of breathing polluted air. Reducing air pollution will also protect
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the environment, resulting in many benefits, such as restoring life in damaged ecosystems
and reducing health risks to those whose subsistence depends directly on those ecosystems.
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CLEAN AND SAFE WATER'. All Americans will have drinking water that is
clean and safe to drink. Effective protection of Americas rivers, lakes, wetlands, aquifers,
and coastal and ocean waters will sustain fish, plants, and wildlife, as well as recreational,
subsistence, and economic activities. "Watersheds and their aquatic ecosystems will be
•" ; i,, • ' „ » '"'!' :" n n _ /y *
restored and protected to improve public healdi, enhance water quality, reduce flooding,
and provide habitat for wildlife.
w>AFE rOODl The foods Americans eat will be free from ungafe pesticide residues.
Children especially will be protected from the health threats posed by pesticide residues,
because they are among die most vulnerable groups in our society.
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PREVENTING POLLUTION AND REDUCING RISK IN,
COMMUNITIES, HOMES, WORKPLACES ANID ECOSYSTEMS:
Pollution prevention and risk management strategies aimed at cost-effectively eliminating,
reducing, or minimizing emissions and contamination will result in cleaner and safer envi-
ronments in which all Americans can reside, work? and enjoy life. EPA will safeguard
ecosystems and promote die health of natural communities diat are integral to the quality
of life in this nation.
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REINVENTING ENVIRONMENTAL PROTECTION
BETTER WASTE MANAGEMENT, RESTORATION OF
CONTAMINATED WASTE SITES, AND EMERGENCY . •
rvESPONSE: America's wastes will be stored, treated, and disposed of in ways that pre-
vent harm to people and to the natural environment. EPA will work to clean up previously
polluted sites, restoring them to uses appropriate for surrounding communities, and
respond to and prevent waste-related or industrial accidents.
REDUCTION OF GLOBAL AND CROSS-BORDER
ENVIRONMENTAL RISKS: The United States will lead other nations in success-
ful, multilateral efforts to reduce significant risks to human health and ecosystems from cli-
mate change, stratospheric ozone depletion, and other hazards of international concern.
EXPANSION OF AMERICANS' RIGHT TO KNOW ABOUT
THEIR ENVIRONMENT' Easy access to a wealth of information about the state
of their local environment will expand citizen involvement and give people tools to protect
their families and their communities as they see fit. Increased information exchange
between scientists, public health officials, businesses, citizens, and all levels of government
will foster greater knowledge about die environment and what can be done to protect it.
SOUND SCIENCE, IMPROVED UNDERSTANDING OF
ENVIRONMENTAL RISK, AND GREATER INNOVATION TO
ADDRESS ENVIRONMENTAL PROBLEMS: EPA wm develop and appiy
the best available science for addressing current and future environmental hazards, as well as
new approaches toward improving environmental protection.
A CREDIBLE DETERRENT TO POLLUTION AND GREATER
COMPLIANCE WITH THE LAW: EPA will ensure full compliance with laws
intended to protect human health and the environment.
EFFECTIVE MANAGEMENT: EPA will establish a management infrastructure
that will set and implement the highest quality standards for effective internal management
and fiscal responsibility.
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REINVENTING ENVIRONMENTAL PROTECTION
1998 marked another year of steady progress in the U.S. Environmental Protection
Agency's (EPA's) efforts to reinvent environmental programs. EPA began its reinvention
efforts in 1995 when President Clinton, Vice President Gore, and EPA Administrator Carol
Browner announced a reinvention agenda to make environmental and public health pro tec- *?•-
tion programs more efficient and effective. Since that time, EPA has pursued common sense
reforms and new ideas that can help us achieve national goals, such as clean air, clean water, ;
and better waste management.
As a result of these efforts., the Agency has cut the annual paperwork burden associated
With environmental requirements by more than 26.9 million hours a year. We've dramatically
increased public access to environmental information, enabling citizens to go online and find.,,
out about issues of concern. Through an array of environmental stewardship programs, the
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Agency has worked with public and private sector partners to voluntarily change their busi-
ness practices to produce significant environmental and economic benefits—the latest data __/
shows these partners saving more dian $1.6 billion a year by eliminating waste, preventing
pollution, and conserving energy and water. We've launched special programs, such as the .,.. /
Common Sense Initiative and Project XL, which allow us to test new approaches for pursu-
ing environmental and public health protection goals. To boost environmental performance,
we've created incentives that can lead regulated parties to exceed baseline requirements, and
offered new tools and assistance so business and communities have what they need to com-
ply with die law.
Last year, Administrator Browner made several strategic decisions that should advance
our reinvention capabilities even further. She laid out a vision for improving the way EPA
manages and disseminates environmental information, and called for a new information
office to be set up—the first in the Agency's history. Harnessing the many lessons learned
about working effectively widi industry sectors and other stakeholders through the
Common Sense Initiative, the Administrator approved plans to apply this learning broadly
within EPA programs. After working on the details for more than a year, she signed an
agreement witfi the states that provides the additional flexibility and assurance they need to
proceed with their own reinvention initiatives. These decisions were milestones in a year
when we followed through and delivered on some of our earliest reinvention commitments.
But the year also brought new challenges and initiatives with the potential to significantly
shape how environmental management is conducted in the 21st century.
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..REINVENTING ENVIRONMENTAL PROTECTION
BETTER ENVIRONMENTAL INFORMATION
With more than 40 million hits on EPA's Web site every month,
public demand for high-quality environmental information has
never been greater. To meet this and other related demands, EPA
began setting up its first information office. In addition to improv-
ing data quality and streamlining reporting, this move will advance
community right-to-know opportunities for citizens and improve
our ability to analyze environmental conditions.
Established a National Center for Environmental Information and Statistics
A new online center launched in August is putting EPA's vast reserves of environmental
data to work for citizens. The center makes it faster and easier than ever before to retrieve,
compile, and present data stored in numerous environmental databases. Users can request
easy-to-understand reports about drinking water, surface water, air quality, hazardous waste,
and toxic releases in their communities—just by typing in their zip code.
Developed Real- Time Reporting Capabilities
To enable citizens to make decisions about their daily lives by taking actual environmen-
tal conditions into account, we worked with select communities on an environmental
reporting breakthrough—offering real-time, rather than historical, data. This advance offers
answers to basic questions, such as "is the air .quality safe for me to go jogging today" or "is
the water safe for a swim?"
Pushed for More Environmental Disclosures
Recognizing the effect that public disclosure can have on environmental performance,
the Agency took actions to make more environmental information publicly available. We
proposed to expand reporting under the Toxic Release Inventory for persistent, bioaccumu-
lative chemicals, such as dioxin and mercury, by almost 25 percent. Other actions will give
Americans access to information about the hazards from lead-based paint when renovating
or remodeling their homes, whether their drinking water meets federal public health stan-
dards, and the potential risks from facilities in their neighborhoods that produce, use, or
store chemical products.
Challenged the Chemical Industry to Make Product Toxicity Data
Publicly Available
A new program, announced by Vice President Gore, chal- -
lenges the chemical industry to provide missing information
on about 2,800 of the nation's most widely used toxic chemi-
cals to the public. By agreeing to conduct any necessary toxici-
ty testing and to publicly report the results, companies can
help resolve remaining questions about risk levels and avoid
the need for further regulation.
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REINVENTING ENVIRONMENTAL PROTECTION
Offered Citizens Tools for Evaluating Environmental Performance
New databases were made publicly available that allow citizens to evaluate and compare
the environmental performance of individual facilities or industry sectors as a whole. A
database created under the Agency's Sector Facility Indexing project offers compliance and
other environmental performance information on facilities in six industrial sectors. Another
database, known as E-GRID, provides extensive data on the environmental performance
and efficiency of electric utilities—information that might become more valuable as deregu-
lation gives consumers more choice in determining their energy provider.
STRONGER PARTNERSHIPS
Industries, businesses, community groups and many other organizations are increasingly
working with EPA as partners to improve environmental performance, cut costs, and avoid
new regulations. These partnerships are leveraging limited resources and spawning new
ideas that can produce better results more quickly and more cost-effectively than what
might be expected through regulatory actions alone.
Collaborated on Joint Ventures with the States
With two-thirds of the states now working with EPA under the National Environmental
Performance Partnership System, special attention was given to creating more meaningful envi-
ronmental performance measures that demonstrate the results from federal and state programs.
The year also brought agreement on a process that gives states the flexibility and assurance they
need to engage in their own regulatory reinvention initiatives and still meet federal standards.
Offered Assistance for Smart Growth
To help more communities avoid poorly planned development,
urban decay, and loss of valuable green space, we supported "smart
growth" through Agency programs. We led a national network to
help expand smart growth tools and information. And by expanding
a $500,000 pilot project into a $5 million national grant program,
EPA offered 45 communities seed money to launch sustainable
development initiatives in agricultural, rural, and urban settings.
Doubled Support for Brownfields Redevelopment
By offering $21 million to 107 communities, the Agency doubled its investment for revitaliz-
ing brownfields—abandoned, idle, or unused properties tainted by environmental contamina-
tion. Since 1995, EPA has awarded more than $42 million to 227 communities with a goal of
supporting 300 brownfield projects by the end of 1999. In March, Administrator Browner
joined Vice President Gore to announce that 16 projects would collectively receive an additional
$28 million and other assistance to create "Brownfield Showcase" communities for the nation.
Promoted Environmental Stewardship Through Partnership Programs
To spark interest among potential new members, the Agency compiled and publicized the
latest annual results on die environmental and economic benefits from participating in its
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REINVENTING ENVIRONMENTAL, PROTECTION
voluntary partnership programs. The results showed that about 6,000 partners—ranging from
Fortune 500 companies to small family-owned businesses—saved $1.6 billion through volun-
tary improvements that eliminated 7.6 million tons of solid waste, prevented the release of
79 million metric tons of the pollution linked to global warming, saved nearly 6 million gal-
lons of clean water, and conserved enough energy to light 56 million households for a year.
Shared Business Risks
In April, EPA offered to become a financial partner with responsible parties under
Superfund that are willing to invest in innovative cleanup technologies. "We agreed to share up
to one half of the additional cost that would be incurred in cases where an innovative technol-
ogy might fail and necessitate further investment. In so doing, the Agency reduced the respon-
sible parties' financial risks and bolstered support for new technology use and development.
MORE TAILORED, FLEXIBLE APPROACHES
Increasingly, EPA is relying on a mix of regulatory and nonregulatory approaches to solve
environmental problems in common sense ways. In some cases, this means offering incen-
tives that prompt voluntary environmental improvements. In others, regulations are needed,
but can be tailored to offer more flexibility in choosing among compliance options.
Offered Flexible, Cost-Effective Program for Reducing Smog
In September, EPA issued a flexible, cost-effective plan that would allow most areas of
the county to meet the 1997 antismog standards without having to implement costly new
controls. The plan offers compliance options for states, which include an emission trading
program for power plants and other sources of nitrogen oxide—a primary ingredient in
smog formation. This approach has the potential to drop the per-ton cost of controlling
these emissions from as much as $10,000 to about $1,500.
Launched Clean Water Action Plan
In February, President Clinton unveiled a comprehen-
sive Clean Water Action Plan to finish the job of protecting
the nations waters. Developed with unprecedented cooper-
ation at the federal level, this plan offers the first-ever, mul-
tiagency budget for clean water programs and specifies
more than 100 actions to address high-priority problems,
such as polluted runoff from livestock operations.
Rewarded Pollution Prevention Achievements
The Agency supported technical innovations that minimize waste and the use of toxic
chemicals and that help avoid the need for new requirements. This included offering
Presidential awards for outstanding green chemistry achievement. In 1998, awards were
given to four companies and two university research teams whose discoveries offer more
environmentally sound alternatives to current products and processes.
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REINVENTING EN\'IRONK(ENTAL PROTECTION
Focused On the Needs of Industrial Sectors and Other Stakeholders
After 4 years of unprecedented collaboration involving many diverse parties,
Administration Browner concluded the Common Sense Initiative as an experimental pro-
gram for testing a fundamentally different approach, to environmental protection. Lessons
learned from working with six industrial sectors and other stakeholders formed the basis of
new plans to adopt sector-based approaches more broadly across Agency programs and to
improve EPA's ability for involving stakeholders in decision-making processes.
Used Project XL to Pursue Innovative Approaches
The Agency approved three new projects in 1998, and developed a simplified process for
approving additional projects in the future. One participating company is exploring how
environmental management systems might be used to simplify permitting, recordkeeping
and reporting requirements. In Massachusetts, the state environmental agency is testing self-
certification procedures as an alternative to traditional environmental permits.
Promoted Innovative Technologies
Recognizing the financial risks and regulatory barriers faced by companies trying to
develop and market innovative environmental technologies, EPA offered information and
sponsored trade shows and award programs to showcase new technologies. In a new role, we
also helped broker discussions between technology developers and representatives from the
financial community in order to secure more capital for new technology development.
GETTING TO COMPLIANCE—AND BEYOND
Throughout the year, we looked for ways to help businesses and commu-
nities improve their environmental performance. Often, this meant provid-
ing more information or technical assistance, particularly for the smaller
entities that do not always have the resources they need to understand what
is required. Increasingly, it meant creating incentives that encourage compa-
nies to reach for performance goals that go beyond compliance.
Responded to Growing Interest in Environmental Management Systems
Recognizing the interest and questions still surrounding use of
Environmental Management Systems, EPA launched pilot projects to
test their effectiveness and gather information that will be used in future
policy decisions. In a move that sent an important-signal to the regulated
community, we issued a policy statement clarifying EPA's support for environmental man-
agement systems that "help an organization achieve its environmental obligations and
broader environmental performance goals."
Opened Five More Compliance Assistance Centers
In partnership with other organizations, EPA opened new compliance assistance centers
on the Internet to serve five more sectors: the printed wiring board manufacturers, the
paints and coatings industry, the transportation sector, chemical manufacturers, and local
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REINVENTING ENVIRONMENTAL PROTECTION
governments. With the four centers opened previously, nine centers are now up and run-
ning. These centers are tailored to serve small and medium-sized organizations, providing
users with round-the-clock access to information about environmental regulations, pollu-
tion prevention techniques, and related issues.
Encouraged Environmental Improvements Through Self-Auditing
More companies had environmental penalties reduced or eliminated under an incentive-
based policy EPA announced in 1996 that encourages self-auditing, along with quick cor-
rection and public disclosure of any environmental violations. As of December 1998,
318 companies had corrected and publicly disclosed environmental violations at 1,668 facil-
ities, a twofold increase over the number of facilities doing so the year before.
Supported Corporate Environmental Mentoring
Recognizing that businesses can often help each other improve environmental perfor-
mance, EPA offered funding to support what could become a new trend in corporate
America—environmental mentoring. These funds are being used to create an institute that
will provide the information and tools needed to support mentoring relationships between
companies that have environmental expertise to offer and those in need of special assistance.
Provided Funding to Improve Drinking Water Compliance
More than 300 small communities facing new requirements under the 1996 Safe
Drinking "Water Act got special help in 1998 when the Agency began administering the fed-
eral government's first-ever loan program for drinking water improvements. Rather than
one-time grants to select communities, financial assistance was offered through state revolv-
ing loan programs. All but the most needy recipients repay their low interest loan, enabling
the states to maintain a reliable source of capital for other communities needing assistance.
LESS REGULATORY BURDEN
Many reinvention efforts had the effect of reducing the regulatory burden imposed by envi-
ronmental requirements in 1998, but die requirements imposed for recordkeeping and report-
ing continued to be a major focal point. By the end of the year, EPA had cut 26.9 million
hours of paperwork burden by streamlining processes, eliminating outdated provisions, or
consolidating duplicative requirements—without sacrificing the Agency's ability to ensure
environmental and public health protection. These reduc-
tions, which surpassed the Agency's 1995 goal of reducing
burden by 25 million hours, offset additional requirements
that have taken effect in recent years to increase environmen-
tal protection and accountability. They should also save busi-
nesses and communities an estimated $807 million a year.
Proposed a. Consolidated Air Rule for Chemical Manufacturers
A proposed rule that consolidates 16 federal air regula-
tions into a single guideline could save the average U.S.
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REINVT-XTINC. ENVIRONX-IENTAI PROTECTION
chemical plant about 1,700 hours or $80,000 a year in the future. The proposal, which rep-
resents the first consolidated rule ever under the Clean Air Act, would be voluntary. Plant
managers could opt to comply with the consolidated rule or continue operating under the
existing 16 rules.
Streamlined Certification Process for Auto Makers
A streamlined process for certifying that new passenger cars and trucks meet federal stan-
dards for air pollution emissions is expected to save automobile manufacturers an estimated
$55 million a year. Under the proposed process, testing would be performed on vehicles actu-
ally in use on the nations highways rather than on brand new vehicles. In addition to cutting
burden, the new process creates an incentive for manufacturers to produce more durable emis-
sions control equipment and gives EPA better data for managing air quality programs.
Simplified Hazardous Waste Management Requirements
The Agency addressed several barriers that have prevented common sense practices in
managing hazardous wastes. Reforms to the 20-year-old program for managing polychlori-
nated biphenyls, or PCBs, are expected to produce cost savings estimated at between $178
million and $736 million each year. New treatment standards for land disposal of hazardous
waste will facilitate cleanups of contaminated sites. Another regulation simplifies the
cleanup and closure of hazardous waste disposal facilities.
Offered Compliance Alternatives to Small Drinking Water Systems
Based on the 1996 amendments to the Safe Drinking Water Act,
the Agency issued new regulations that will give small community
water systems less expensive treatment alternatives to comply with fed-
eral drinking water standards in the future. Smaller systems can also
request more time to achieve compliance and variances from federal
requirements, as long as such actions do not threaten public health.
Eliminated Barriers that Discourage Removal of Lead-Based Paint
"We proposed a new rule to expedite the removal of lead-based paint
because doing so will help protect children from exposure to lead.
Based on studies showing that lead-based paint debris could be safely placed in ordinary
landfills (under the Toxic Substances Control Act), we proposed that this disposal option be
provided as an alternative to the traditional, but more expensive disposal currently required
under hazardous waste regulations.
Published Plain Language Regulations
In 1998, the Agency issued several regulations using plainer language and simpler for-
mats than ever before. Among them were important requirements explaining what gas sta-
tion owners, industrial facilities, and others operating underground injection wells must do
to protect local drinking water supplies, and what industries must do to respond in a chem-
ical emergency situation. These improvements were possible because of a pilot program
began in 1997 to improve the understanding of EPA regulations.
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his report provides an overview of the progress made by the U.S. Environmental
Protection Agency (EPA) over the past year toward reinventing environmental pro-
tection. The Agency launched its regulatory reinvention efforts in 1995 when
President Clinton, Vice President Gore, and EPA Administrator Carol Browner announced
an agenda to make environmental programs work more fairly, efficiently, and effectively for
the nation. This agenda was part of a broader Administration effort to reinvent government.
It came at a time when many diverse parties with environmental interests and responsibili-
ties were calling for change.
The demand for change can be traced to a growing and
common desire for improvements to the nation's environ-
mental protection system. Over the last three decades, this
system, comprised of environmental programs, regulations,
and policies at the federal, state, and local level, is widely rec-
ognized as having dramatically improved conditions through-
out the United States. Today, our air, land, and water are
safer and visibly cleaner even with significant economic
expansion and population growth. And yet, even widi this
progress, serious problems, such as polluted runoff to our rivers and streams and emissions
linked to global warming, still exist. The remaining problems reflect gaps and limitations
within the current system, and they underscore why we must work to improve it.
Other factors point to the need for change, too. New scientific and technological
advances make it possible to detect and prevent environmental threats in ways that were
simply not possible when many environmental requirements were first adopted. Our citi-
zens, accustomed to living in an information age, want better environmental information.
And as they become better informed, they also expect a more prominent role in decision-
making. Environmental expertise and management capabilities have grown more sophisti-
cated. Today, state and local governments often need less federal assistance and oversight in
managing environmental responsibilities, and American industries typically have their own
professional environmental staffs or consultants. Finally, the basic concept of environmental
protection has evolved beyond pollution control to include broader objectives, such as
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pollution prevention, sustainability, and environmental justice. All of these factors create
pressure for change and they challenge EPA to constantly rethink how the Agency pursues
environmental and public health protection goals.
To guide our efforts, in 1998, the Agency developed a strategic framework for reinven-
tion. This framework, shown in the table below, lays out improvement opportunities along
two tracks. On one level, it calls for EPA to improve functions, such as environmental per-
mitting, monitoring, and reporting, that represent the core of the nations environmental
protection system. Streamlining environmental reporting and similar improvements to envi-
ronmental programs can free businesses, communities, and regulatory agencies from unnec-
essary paperwork, allowing them to cut costs and focus on higher priorities and risks.
On another level, the framework calls for EPA to test innovative approaches that can bridge
gaps widiin the current system and advance protection capabilities to new levels. We understand
the difficulties and limitations of the current system. "One-size-fits-all" mandates don't always
work and some problems aren't being addressed under the current regulatory structure. That is
why the Agency is working to find more custom-tailored strategies that better address todays
problems and that offer more flexibility for those that implement them.
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Innovate and streamline
within EPA core programs
Test and apply more integrative and
holistic approaches to environmental
irotection
Regulations:
— Consolidate and simplify requirements.
— Write regulations in "plain English."
— Use market-based incentives to encourage
pollution prevention and increase operational
flexibility.
Permitting:
— Streamline approval processes.
— Harmonize requirements across programs.
— Develop multimedia and facilitywide permits.
Vkmitoring and reporting:
— Cut unnecessary requirements and allow more
flexibility in monitoring methods.
— Reduce requirements to reward excellent envi-
ronmental performance.
Compliance assistance:
— Set up compliance assistance centers to help
selected sectors improve environmental per-
formance.
— Provide incentives for regulated facilities to self-
-identi^Land_correct snvironmenfnl
Sector- and industry-based approaches:
— Test new approaches that integrate environmental
requirements for sectors, industries, or facilities.
— Promote voluntary environmental stewardship
and continuous improvement in environmenta
performance by regulated entities.
Community-based environmental
irotection:
— Support Brownfields redevelopment.
— Develop tools to support local environmental
management strategies.
Redefine federal/state roles:
Expand state participation in the National
Environmental Performance Partnership System.
— Jointly test innovative regulatory strategies.
mprove environmental information:
— Establish common data standards and elec-
tronic reporting capabilities.
— Develop programs and user-friendly computer
applications that expand public access to
environmentfil dntn.
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REINVENTING: ENVIRONMENTAL PROTECTION
15
This dual approach for improving the system allows us to explore new opportunities—
without jeopardizing gains that have been made through environmental programs and poli-
cies over the past three decades. Our commitment to reinventing environmental protection
was evident through many actions during the past year; however, several stand out as partic-
ularly significant:
• Improving our ability to manage and report environmental information. Every year, states,
industries, small businesses, and other organizations report data to EPA in accordance
with environmental laws. In 1998, Administrator Browner made a strategic decision to
create a new Office of Information to improve the Agency's ability to manage this infor-
mation. The new office will consolidate information resources and responsibilities, and
enable us to pursue information management reforms, such as electronic reporting.
• Providing more tailored approaches for working with industry sectors. A look back at one of
Administrator Browner's earliest and most ambitious reinvention efforts, the Common
Sense Initiative (CSI), revealed important lessons about how to make environmental pro-
tection work more effectively for industry and other interested parties. For 4 years, many
diverse parties worked to create a fundamentally different environmental protection sys-
tem, one that was more integrated and tailored to address diverse societal needs. In
1998, EPA incorporated the many lessons learned from this experimental initiative into
plans that will focus more attention on industrial sectors within our programs and
improve die Agency's ability to involve the public in environmental issues.
• Following through on common sense reforms in core programs. In a sign that reinvention
efforts are permeating the entire Agency, we announced reforms to cut regulatory burden
and further improve some of EPA's most well-established programs. Following an evalua-
tion of the 20-year-old program for handling polychlorinated biphenyls, or PCBs, we
issued a new rule that is expected to save businesses and communities between $178 and
$736 million a year without compromising protection. "We proposed changes to the
process for certifying that new vehicles meet federal air emission standards that could
save automobile manufacturers $55 million a year. And we showed how 16 different reg-
ulations for controlling air emissions from chemical manufacturers could be consolidated
into a single guideline.
Beyond rulemaking, our Regional staff worked directly with the states, with businesses
and communities, and with other stakeholders to test new ideas that offer better solutions
to todays problems. The following sections describe these and many other developments
over the past year. They show an evolution in environmental protection that is bringing us
better environmental information so we can understand conditions, make sound decisions,
and report progress to the public; new partnerships that leverage resources and achieve goals
that could never be met by EPA alone; more flexible, tailored approaches to environmental
management; more assistance to help well-meaning businesses and communities comply
with the law; and finally, greater efficiency so government agencies and other institutions
are freed from unnecessary paperwork and red tape.
-------
II11
111 11 11 III 111 111 I II II 1111(1 II III Ililllll
>l Ililllll
III Ililllll
.~~. * .^-^-un • k-w., "•*!"' 'iTj I* 'i
__________
BETTER ENVIRONMENTAL INFORMATION
B
etter environmental information will be essential for creating an improved envi-
ronmental protection system. Many reinvention initiatives described in this report,
including our efforts to work more effectively with industry sectors and to involve
citizens in environmental decision-making, depend on timely access to the right informa-
tion in the right form.
High-quality, accurate information is a strategic resource for protecting human health
and the environment. To make the most effective use of this important resource, we need to
strengthen the ways we collect, manage, and share data. Toward this end, in October,
Administrator Browner made a strategic decision to consolidate EPA's information activities
into a new office for the Agency. This new information office—the Agency's first—will be
more than the sum of existing parts, however. It will be set up to provide better service to
our partners and stakeholders, and improve our ability to manage environmental and public
health protection programs.
The new office will integrate various aspects of information management, policy and technol-
ogy at EPA and strengthen our emphasis on data quality. It will create stronger links between our
data collection, management, and public access functions. It will also strive to create consistency
across these operations and systems, providing the foundation that will be needed to allow more
efficient transfer of data among public and private sector sources in the future.
Strong, cooperative relationships with our partners, the states, will be key to the success
of this new office. We intend to work closely with the states to identify the information we
both need to manage our programs well, to develop mechanisms for providing this informa-
tion as efficiendy as possible, and to eliminate unnecessary or duplicative requirements.
We'll also work closely with our stakeholders in industry, other agencies, interest groups,
and the general public to take their issues and concerns into account.
The Administrator's focus on improving the Agency's information management capabilities
goes to the heart of reinventing government. Public health and environmental issues are often
highly complex, and the data can be difficult to obtain and interpret. Yet, public involvement
in decision-making—where those involved understand the issues and consequences—is one of
the principles of democracy. This is where the new information office will play a particularly
-------
REINVENTING ENVIRONMENTAL PROTECTION
STDramatic Increase In Public Demand
:or Environmental Information
On EPA's Web Site
strategic role. It will be geared to improve
information resources and advance public
access so Americans can play a meaningful
role in making decisions regarding the com-
plex environmental issues that affect them.
Throughout our history, experience has
shown us that putting information into the
hands of citizens is one of the most effective
tools that can be applied for protecting pub-
lic health and the environment. Statistics on
use of EPA's Web site indicate that the
opportunity to apply this tool has never been
greater. As the right-hand figure shows, pub-
lic demand for environmental information is
exploding. Four years ago, when the Agency's
Internet site was just being established, it
received about 136,000 hits a month. Today,
that figure has grown exponentially to more than 40 million hits a month.
As we work to provide more and better information to meet this growing demand, we
will create mechanisms to ensure the respectful use of data. This means explaining how data
requested will be used, and developing more efficient ways to correct and update data once
it has been submitted or released. The Agency will also continue to ensure that strong secu-
rity policies are followed to protect proprietary business information, and to prevent use of
environmental data for purposes that could harm public health and safety.
Year
Welcome to the
THE CENTER FOR ENVIRONMENTAL INFORMATION AND
STATISTICS
One example of the public-oriented
services to be offered through the
Agency's information office is EPA's
new online Center for Environmental
Information and Statistics (CEIS).
Launched in August, this electronic
resource gives citizens reliable, compre-
hensive information on environmental
quality, status, and trends in their
community. Just by typing in a zip
code or clicking on a state or county,
users can access environmental profiles
mation and Statistics
Website— asinglc,
convenient SOUK* of
Information on
i environmental
quality, status
and trends.
I
Please move mouse ever team for feature Information.
V
-------
REINVENTING ENVIRONMENTAL PROTECTION
GAUGE WATERSHED'CONDITIONS
quality offered througlvCElSare,bq_sed,pn O-fecently deyel-
Eorvgi^
.spuK^j_.cpJitaminated,sediments, .wetland,josses, ari3 other conditions in a,
LEjiquatic indicators, in 1997 we prrered.a'M^n^^na^^&n^^.a^QW&^sefs—^.
Lfirne^ever—to det€
J Washington [~]
'Xai • c f * Less Serious
flLajbQutj2jl percent of
Problems
—High
Vulnerability
, ana 16 percent have goodwater , ,,, 1 '
atea/ of these 15 indicators.
indicators that
to, 16.ej,^,r,atij3gs_iji_nie_iujure
on air quality, drinking water, surface-water quality, hazardous waste, and toxic releases in
their area. The profiles, created from data stored in EPA's many separate environmental data-
bases, are presented through user-friendly reports or maps. In the case of air and water quali-
ty, users can determine how local conditions rate based on a numeric rating system. By
providing easy access to this type of information through home or local library computers,
CEIS is helping citizens gain a better understanding of environmental conditions and boost-
ing their capability to act as knowledgeable stakeholders.
COMMUNITIES DEVELOP REAL-TIME REPORTING
CAPABILITIES
While the Center for Environmental Information and Statistics represents a breakthrough
in integrating and reporting environmental data stored in many different databases, the next
advance on the horizon will be providing citizens with access to data immediately as it is col-
lected. In contrast to historical data, "real time" data allows people to make decisions about
their daily lives taking actual air, water, and other environmental conditions into account. It
provides answers to questions, such as "is the air quality safe for me to go jogging today?" or
"is the water safe for a swim?" EPA's Environmental Monitoring for Public Access and
Community Tracking (EMPACT) program provides grants to help communities develop
real-time reporting capabilities. The Administration has pledged to offer real-time data (or
the most up-to-date alternative) to citizens in 86 metropolitan areas by the year 2001.
Currently, these capabilities are being developed in 68 communities in 37 states.
In 1998, eight communities received grants, valued at between $320,000 and $520,000. As
die projects on die next page show, these funds are helping communities meet a variety of
reporting needs. For example, residents in Roxbury, Massachusetts (a neighborhood of
-------
REINVENTING ENVIRONMENTAL PROTECTION
19
Boston) will receive better information about air quality, an important issue for a community
that in 1992 had the states' highest hospitalization rate for asthma. The area has more than 15
bus and truck depots, with more than 1,150 diesel vehicles operating within a mile and a half
of the immediate downtown vicinity. The new air quality project measures the area's fine par-
ticulate matter, ozone, wind speed, and other conditions. Information about air quality and
related public health recommendations are provided to local residents through a toll-free tele-
phone hotline, e-mail and fax services, a Web site, and a public kiosk.
1998 EMPACT PILOT PROJECTS ?'"dso be use~a r°
1 " \5ffprjpcalteachers
Dayton, Ohio will develop and distribute a multi-
media RIVER INDEX providing information on water
quality, flow stage, habitat, and ecosystem health in
the lower Great
Miami River Basin
curricula and workshops
Burlington,
Vermont will estab-
lish a community-
based environmental
monitoring program
in this urban ecosys-
tem, as part of a
larger "sustainable
city" program. Data
collected through citi-
zens' water and air
i '
quality monitoring efforts will help support community-
based priority setting and decision-making
***? Tucson, Arizona will translate technical data on
*• local air pollution conditions and related health issues
^fnto* easily understandable Internet presentations, and
txyitact media and community organizations to help
'publicize the online availability and significance of this
information
f "Milwaukee, Wisconsin will collect and publicly
^disseminate data, on wafer quality, particularly on
e col/ levels and associated health risks, at 10 local
beaches Findings will be posted at the beaches and
publicized more broadly through a hotline, the
Internet, and local news broadcasts
^»* Boulder, Colorado will develop an information ,
gjjetwork to help citizens understand how their day-to-
jBay activities affect the condition and sustamability of
community, and to encourage citizen mvolve-
enf m related decision-making processes This will
Boston, Massachusetts will pilot test real-time, t M,a.ccomP'lsnec' through use of new environmental
ambient air monitoring and data management tech- ' monitoring technologies, development of environmen-
*J " Sr^X? "W-T* ™ »«, «. -l» -~f V 3? 1^, ft ,4,1, u,
niques in a Boston neighborhood with historically higrT^af indicators^ a^nd new databases that enabb public
asthma rates To raise public awareness, data will be "access to_environmental data ^ ^ ^ f
available through the Internet, a hotline, and other
information outlets
»-*»
t j^ Minneapolis, Minnesota will expand use of a
rerrjote underwater sampling technology for mea-
Denton-Dallas/Fort Worth, Texas will educate ^suring and reporting data on lake water quality The
area residents on local environmental trends in water,'' " internet and kiosks will be used to educate the public
land, and air by creating online "movies" of past,
present, and predicted conditions. This information
*on ^interpreting the data and relating it to community
decision-making. ^_ _ __,=_ _ _ ,
its- *
*,
-------
In addition to supporting community efforts, EMPACT is also
developing more timely reporting capabilities on a national scale.
EPA's AIRNOW "Web site, for example, provides animated, real-time
data on ground-level ozone (smog) levels in selected cities and states
as well as information on ozone health effects. Users can access
"movies" showing real-time changes in smog levels over a particular
area and print out maps showing smog patterns at particular times of
a day. We are working to expand the site to include information on
other air pollutants, health effects associated with the most common
air pollutants, protective steps citizens can take on days when the
outdoor air is unhealthy, and what they can do to reduce air pollu-
tion in their community.
In June 1998, Vice President Gore announced EPA's new BEACH Watch site for
prospective beach goers, along with a 5-year action plan to develop stronger, faster, and
more accurate beach monitoring programs for states. This EMPACT product posts the
most up-to-date information available about water quality and monitoring efforts at more
than 1,000 U.S. beaches. For any beach currently in the database, BEACH Watch tells
whether monitoring for bacteria or other pathogens is performed, and whether an advisory
or closure has been issued since early 1997. This site continues expanding as local agencies
contribute beach-water monitoring results.
NEW INITIATIVES ADVANCE THE PUBLIC'S
RIGHT-TO-KNOW
While many of the initiatives described in dais section aim to support die public's rignMo-
know about environmental issues, one of the nation's first right-to-know initiatives, the Toxic
Release Inventory (TRI), continues to be one of the most important. In 1986, Congress passed
the Emergency Planning and Community Right-to-Know Act, which established the Toxic
Release Inventory to collect information about routine or accidental releases of toxic chemicals
from industrial operations. Since die TRI database became fully operational in 1989, it has
demonstrated an important strategic use of information—how public disclosure can direcdy
affect corporate efforts to reduce emissions and improve environmental performance. The latest
TRI data released in June 1998 showed that, between 1995 and 1996, total toxic chemical
releases decreased by 4 percent, or about 100 million pounds. Overall, since industry first
began publicly reporting releases in 1988, total releases have dropped by almost 46 percent.
TRI has been a success wordi building on, and a new rule proposed last year will make it
even more informative in the near future. The proposal would significantly lower the TRI
reporting threshold for several persistent, bioaccumulative toxic (PBT) chemicals, including
dioxin and mercury—diereby increasing public reporting of such releases by almost 25 per-
cent. Currently, facilities must report their PBT releases only if they manufacture or process
more than 25,000 pounds annually or use more than 10,000 pounds annually. The new
-------
REINVENTING ENVIRONMENTAL PROTECTION
21
threshold would be lowered to facilities producing 100 pounds or using 10 pounds annual-
ly, depending on the chemical.
A new rule proposed in November under Section 114 of the Clean Air Act would make
even more information available about mercury emissions. The rule would require coal-fired
utility plants to begin monitoring and reporting on their mercury emissions. This action was
taken based on a report to Congress indicating that coal-fired utility plants are the largest
remaining source of mercury emissions into the air, producing one-third of all U.S. manmade
emissions. The proposal commits EPA to making this new information publicly available.
We took other regulatory actions in 1998 to support the public's right-to-know about
environmental and public health protection issues that affect them.
• In May, we completed a final rule to provide consumers with information about lead-
based paint hazards when renovation or remodeling activities are conducted in their
homes. If not properly managed, these hazards can be significant, especially to young chil-
dren. Nearly a million children under age six have unsafe levels of
lead in their bodies, making lead poisoning the number one envi-
ronmental health hazard for young children. Starting in June
1999, before beginning work, building contractors must give
homeowners and tenants information on how to protect their
family during remodeling or renovation activities. We developed a
pamphlet for this distinct purpose. In addition, in June, we issued
a publication, entitled "Lead in Your Home, A Parents Guide," to
assist parents in protecting their children from lead in a variety of
circumstances.
In August, we issued a new rule that
requires public water suppliers to
inform their customers about drink-
ing water quality. The reports must
include information on the source of
the drinking water; the susceptibility
of the source to contamination; any
contamination levels, as compared
with EPA's health-based standard for
the contaminant; the likely source of
that contaminant; the potential health
effects of any contaminant detected at
a level that violates an EPA standard;
and the systems compliance with
other drinking water-related rules.
These new reports are officially
required between April and October
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BERICA'S DRINKING WATER
sptember, EPA issued its owrxreport on.
ling^"wa|er/The.firsl-ever. nation^.report on . ,
^lti^V^^V^ik^^iA|a*i^i,r^B^^^iKii3^^ -k'Ln,".,,.. r*«
iPAjaciftth^ slgte;s;.:a:re;njeeting the goal ot , . -
rjf^i. "-y^'&^^^^-^rf',"',^''^'"^-'1*'^^^ l-f^tiy':'''^'^''^'--"-'^ ,>.-,.•••*-»*** ./jn^nis.^'^.-.;]''!;-. v-1
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^putaHorV*Ha3 no reportecl.
flons of*fieaftfi-basey^standards. Most health- .''.'
-------
! ' . " i'Ji'ip"'! '. . ',: .:,; ',':,, i , , i ' , • :< ''':/„ !, . ,
'! ! ! h'!'!' I1111;: ; I!:1; :""! I1' r'1'!!'!! ' '" :" ' ' '••! ""•; , '-•";
REINVENTING ENVIRONMENTAL PROTECTION
.v; ii'|;;:.;/; ;;::•_ j,..J: iaj;.,':::,,,v ',;:„ ;:,;";" .,";;,: -';,";,! _*-L_, ;,;;
1C
t stJioentsjn Chelsea, Massachusetts, are
pPPPl»IPPlIpIpIiBII»«lllB^
tnefcan! EPA Regional staff in New England have
formftH n rfrnnn nM.fflcg'fing partnership whereby students
••Sliilliiiita^ •
.computer tools to evaluate potentia
Huurat
jl|||||F" jjiiil jSlSeK
ana
cpmpanies jn the area to
R plans for use in an actual
sisiiySrai^y 9,,re^M'" °^' , pr?]81^',^-'^s0'"
wjth requirements
5Qcy Planning and Community Right-to-
JI|||!ll§1llll|^lllP
-------
REINVENTING ENVIRONMENTAL PROTECTION
,23
we have focused on identifying and evaluating the highest volume chemicals—those either
produced or imported in volumes that exceed 1 million pounds per year. Having identified
roughly 2,800 existing chemicals that meet this threshold, in early 1998, we evaluated the
public availability of the chemicals' test data. We found that only 7 percent had a full set of
basic health and environmental test data, and 43 percent had no test data on toxicity.
As part of an initiative announced by Vice President Gore in April, EPA is working with
the Chemical Manufacturers' Association, the American Petroleum Institute, the
Environmental Defense Fund, and other interested parties on a voluntary program to
increase the public availability of data on widely used chemicals. Under the agreement, par-
ticipating companies identify the chemicals they will sponsor and in what year—from 1999
through 2004—they will make the data on these chemicals publicly available. They pledge
to assess and publish existing information and to conduct the testing necessary to fill any
data gaps. The goal is to rapidly complete a set of baseline data and to make it publicly
available, chiefly through the Internet. The Agency will use rulemaking, under TSCA, as a
backstop for those chemicals not sponsored through this voluntary program.
COMMITMENT" to IMPROVE"""
TAKEHOLDERr INVOLVEMENT '
of the efforts described in this section are.
designed to give people more access to information
"they can understand environmental and public
neajth issues and, jf they choose, become more
"involved in environmental decision-making Clearly, .
f s ~e* & i*j j(2fcs£3g|j
having participants that understand the issues is
pisentiaj, for meaningful, productive dialogue But as
an agency that has reached out to involve the public
overcome these and other difficulties, in 1998,
looked to the Agency's consensus-based
iktiComrnon 'Sense Initiative TCSI) as a sounding board
j||g|3tog53|jg ^^,^5^ J£,4,~)hta *J#*H!. ^ *L ''i, **« «£W *•
^-fc^dentifytng and analyzing problems in how we
.taYQJye citizens in decision-making processes With its
yife^SiiOir" ^ /"~" ^ * * ** *i'*jf" ^ V „ "j
, Jruqhly diverse membership, this federal advisory com-
>fr- i /r* " r " ***" "** *• * ~
Tffee found that the Agency needs to do a better job
Dearly planning to determine what kind of public
involvement is most appropriate and use effective
mechamsmsjo reach target dudiences They conclud-^
greatest need"is to better link stokehold- ^
involvement activities with deasion-makmg
ii ^^ ^ ^ Vi* KS I
pn numerous issues, we have learned that other fac- „ ifttoja.-...
tfc t. ^f^^"^ ~» ^ - *T* *•.«* "s***^ ,1 * .*
Jfors can be just as important for determining whether t processes To do this, they recommended that we
Involvement efforts produce meaningful results * impVove'understanding among participants about
Slffcf * t*. 3,« * l« t «,! jh f J*|
Determining which citizens and interest groups to jIQ611" ro'e during discussions, and that we develop
fnclude, for example, can be especially challenging f
!»™A J5 ^ ii 3§8S^*
.Within any constituency, different individuals often
IP* ' i' *- ,
hold a range of opinions Difficulties can also arise if
*Jhe qoals and ground rules of citizens' involvement
j» ||teipi !3 \3 ^
J&Te not clear and fully understood Because citizens'
|jme ang! resources are limited^they might have to
%ithdrawjrom particigatiojn if a decision process bogs™
wn for_any reason.,, _ T_ _ _^
o1s"to nelp us define what type of stakeholder
rocess would be most effective in different situations
e ~- *. f I I III
qajly, they recommended that we build more inter-
f "
<(i*K**
I eJjerngF capacity for conducting stakeholder
vojyement processes Taking these recommenda-
gpSs info'accounf, we developed a Stakeholder ^
ifvemenf Action Plan in 1998 to begin making the
.,-.~*w*r,, ^ ' ^ - ^ *. - i
snecessary imptovBtnents _^.
«!^ *, V „ S» ? g* -~-C
-------
REINVENTING ENVIRONMENTAL PROTECTION
NEW TOOLS ALLOW COMPARISONS OF ENVIRONMENTAL
PERFORMANCE
EPA also expanded right-to-know opportunities by making information abourspecific
industry sectors available online for the first time ever. In May, we announced the Sector
Facility Indexing Project (SFIP), a new database that provides compliance and other envi-
ronmental performance data over the Internet on more than 650 facilities in five industrial
sectors—automobile assembly, pulp manufacturing, petroleum refining, iron and steel pro-
duction, and the primary smelting and refining of aluminum, copper, lead, and zinc. The
database also offers demographic data about communities near the facilities.
Like TRI, this database has multiple uses. Environmental and community groups can use
it to learn about the environmental performance of individual facilities or an industry overall.
Corporate managers can benchmark their own regulatory performance against similar facili-
ties. Government agencies can use the data, which is regularly updated, as a planning tool.
During the first 9 months of operation in 1998, this new database received more than a
quarter million hits. Late in the year, the Agency began an evaluation of the project to assess
public awareness of its existence, customer satisfaction with its capabilities, and its general
utility as an effective regulatory compliance and analytical tool.
In December, EPA announced the online availability of another sector-oriented data
base, one which could influence consumers' future decisions when selecting an electric utili-
ty provider. A new consolidated data base called the Emissions and Generation Resource
Integrated Database (E-GRID) contains data on virtually all electric power plants in the
United States. It integrates data from 12 federal databases in order to provide information
on emissions per unirof-electricity—enabling consumers to compare pollution levels from
different power sources. It also allows users to compare the amount and percentage of
power from different fuels, such as coal, natural gas, or nuclear sources. E-GRID presently
offers reports on carbon dioxide, sulfur dioxide, and nitrogen oxide emissions; however,
reporting on additional pollutants will be considered in the future. E-GRID provides a par-
ticularly timely right-to-know tool, for according to the U.S. Department of Energy,
18 states have adopted policies allowing con-
sumers to choose among competing electricity
suppliers. By helping consumers evaluate the
environmental performance of electric compa-
nies, E-GRID could lead to the development
of cleaner electricity resources. E-GRID infor-
mation should also help EPA and the states
monitor trends in power plant emissions as the
electricity industry becomes increasingly com-
petitive through deregulation.
Aggregate Data Summary: Pulp Manufacturing
TV £Hj«Wf tjAtft pitttitt Ittf uivnttf wltKS r
-------
REINVENTING ENVIRONMENTAL PROTECTION
25
REINVENTING DATA
MANAGEMENT
I At EPA, part of meeting the information challenge.
has meant working collaboratively with the states to
solve certain technical problems and generally
upgrade hardware and software to take advantage of
new technological developments. Since 1996, we
have been supporting information reform projects in
the states through the "One-Stop" program—named
for the vision of a fully integrated, seamless informa-
tion system that allows reporting and retrieval through
a single, universally accessible data base. States on
the cutting edge of information management and
technology are given $500,000 grants to bolster and
^leverage their own information technology invest- .._
ments. In 1998, we awarded grants to eight states—
Arizona, Florida, Indiana, Maryland, Oklahoma, New^
Hampshire, New York, and Wisconsin. This brings the
total number of states receiving support to 21, and
the total federal investment, to date, to $10.5 million.
Our goal is to offer this level of support to all
50 states by the end of 2003.
In order to cut costs that stem from duplicative,
repetitive reporting and improve the information we
provide to the public, we are also working together
on ways to allow data to be shared among multiple
environmental databases. In the past, sharing and
aggregating data has been difficult because of a lack
of consistently recognized data standards. The prob-
lem developed largely as a consequence of the way
in which the U.S. environmental protection system
evolved. In general, Congress passed separate laws
for specific environmental problems, such as air pol- ,
lution or waste management. EPA followed by devel-
oping separate regulations, and regulatory officials at
all levels of government set up numerous databases
to collect and manage the information these regula-
tions required.
To overcome the shortcomings of this structure, we
are working to establish common environmental data ,
standards, as well as other information reforms, which
are needed to facilitate information sharing. In 1 998,
we adopted the first environmental data standard with
the states. The seemingly simple standard—which
specifies how to%j§njijy regulated facilities, such as
factories and munfcjpal facilities in environmental
databases—will allow us to extract, aggregate and
analyze all the available data on a single facility
much more easily and cojmpletely.
Within the Agency, we also are in the process of
".upgrading databases to take advantage of new infor-
mation technology. In September, we announced
availability of an updated versfon of our oldest and
largest database system, the STOrage and RETrieval
(STORET) water quality database. Started by EPA's
predecessors at the U.S. Public Health-Service in the
1960s, STORET has evolved into a national repository
•for water quality and biological monitoring data—one
with .a value estimated at more than $2 billion.:.Data ,.
e'ntry, however, has traditionally been restricted-tp . ..
state officials. As a result, valuable information from .
other sources, such as university research projects .or..:.
community volunteer monitoring efforts, has been ^
excluded.
The new STORET makes it simple and easy for
these groups and others to submit data on chemicals,
biological species, sediment toxicity, and aquatic habi-
tats. In 1999, we expect to open access to this previ-
ously exclusive resource by making it publicly available
over the Internet. Local government officials and other
interested parties will be able to draw upon this addi-
tional data when evaluating watershed conditions and
making planning and management decisions.
-------
E.
nvironmental protection requires action by states, local government, industries,
small businesses, communities and many other people beyond our doors. Not long
ago, we tended to regard many of these organizations and interests as groups to be
regulated. Today, we are just as likely to call them our partners. EPA has created many part-
nerships to achieve environmental results in more cooperative ways. "We are joining forces
with states, for example, to better define environmental problems and find innovative solu-
tions. We are forming partnerships with industry to prevent pollution, save energy, and cre-
ate a more sustainable environment and economy. We are joining with communities to clean
up abandoned properties. These and other partnerships help us tackle environmental prob-
lems with more resources, more hands-on expertise, and more good ideas than ever before.
WORKING WITH THE STATES
Of all our partnerships, the most critical is our relationship with the states, who share
responsibility for implementing environmental programs. Under many federal laws, we rely
on states to monitor environmental conditions, issue permits, and enforce requirements. To
strengthen this partnership, EPA signed an agreement with the states in 1995 to form the
National Environmental Performance Partnership System (NEPPS).
Under this system, states and our 10 Regional offices create tailored Performance
Partnership Agreements (PPAs) that define the goals in each state and how each partner will
work to reach them. States also may combine some or all of their federal grants into
Performance Partnership Grants (PPGs), giving them additional flexibility in managing and
spending federal dollars. By the end of 1998, the Agency had PPAs with 33 states, and
43 states had PPGs.
EPA and the states created this new system to focus programs more on environmental
results and to provide more flexibility in how environmental problems are solved. We also
sought more involvement by the public in planning and priority-setting. Although such
changes are sometimes difficult, we achieved progress on several fronts during 1998.
Top priority was given to refining a set of core performance measures that would allow
us to jointly evaluate the results from environmental programs. In the past, federal and state
-------
REINVENTING ENVIRONMENTAL ; PROTECTION
.27
agencies have typically measured progress in terms of program activities, such as the num-
ber of permits issued or enforcement actions taken. While these actions are important, they
tell us little about actual conditions. During 1996 and 1997, we focused on developing
more meaningful measures so we could do a better job of benchmarking progress, reporting
results to the public, and identifying the problems most in need of attention. These early
measures have been incorporated into PPAs—at the same time we have continued working
to refine them. Refinements made in 1998 will enable EPA and states to measure and
report on progress even more effectively in the future.
In addition to supporting the development and refinement of core measures for issues of
national importance, some states have developed their own measures to address specific pri-
orities. In the mid-Atlantic area, for example, our Regional staff worked with Maryland
officials on a PPA that measures progress toward the goals, "Achieve adequate submerged
aquatic vegetation habitat on all Chesapeake Bay tidal waters" and "Rebuild the American
shad population in the upper Chesapeake Bay." In neighboring Delaware, state officials are
focused on tracking how well they "eliminate 100 percent of all known failing septic tanks"
and "expand drainage, flood protection, and water management for an additional 6,000
acres of agricultural and residential land. "
The Nofionar~Environmental Performance Partnership System
States With Agreements and Grants in...1.9.9.8
Grant Only
Agreement Only
Both
-------
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The state-EPA performance partner-
ship system has also led to more innova-
tive problem-solving. In Southwest Utah,
for example, EPA Regional staff in
Denver collaborated with state and local
officials to protect ground water. A
ground-water study showed that new sub-
divisions in the (Cedar Valley)
Washington County area could cause
ground-water problems if too many septic
systems were installed on the area's mar-
ginal soils. So we worked together and
with local officials to create a local ordi-
nance that will limit the number of septic
systems installed. This ordinance could be
an especially useful model for other com-
munities in Utah, given that 90 percent
of the drinking water in the state's rural
areas comes from ground water.
Public involvement in environmental priority-setting also is improving. Illinois and EPA
Regional staff in Chicago, for example, jointly sponsored focus group sessions in 1997 and
1998 to discuss goals and objectives, priorities, and strategies for protecting the state's envi-
ronment. Separate sessions, coordinated by the stakeholders themselves, were offered for
public interest groups, local government groups, and business organizations. Ideas from the
sessions were used in drafting the final PPA and improving environmental program manage-
ment. These developments provide a significant contrast to past years when priority-setting
and decision-making were more exclusive activities, handled by regulatory officials alone.
As the Agency has worked more closely with the States in recent years, it has gained a
better understanding of many different issues. An increasingly important one has been
many states' interest in pursuing environmental regulatory innovations. Because they are on
the front lines implementing many environmental programs, state officials are often in the
best position to see what works well and what does not. These realizations create interest in
finding ways to achieve desired results more efficiently and effectively. EPA understands,
shares, and strongly supports diis interest. The challenge is to find ways to innovate without
jeopardizing the national baseline of protection that federal requirements provide.
After more than a year of negotiating how state and federal interests could be accommo-
dated, in April, EPA and the states agreed on a process that clears the way for states to pursue
regulatory innovations that promise equal or better protection. The agreement was signed by
Administrator Browner and the Environmental Council of the States (ECOS), the national
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REINVENTING ENVIRONMENTAL PROTECTION
29
organization representing state environmental agencies' interests. It is based on seven shared
principles: a willingness to experiment, improved environmental performance, smarter
approaches to solving environmental problems, stakeholder involvement during design and
evaluation, measuring and verifying results against agreed-upon goals and objectives, ensur-
ing appropriate accountability and enforcement, and promoting state-EPA partnerships.
The agreement allows innovations to be tested in a way that does not compromise pro-
tection provided through federal requirements. It encourages the states and EPA staff to use
existing options for providing regulatory flexibility to a degree we have never done before,
as long as doing so makes environmental and economic sense. These options can include
exercising the variances provided under some environmental programs, or writing rules that
allow innovative projects to be tested and perfected under limited circumstances, such as at
a single facility. EPA developed guidance for its Regions, who will take the lead in working
with the states under this agreement.
This past February, Wisconsin became the first State to put these new principles and the
new process to work. Several states, including Wisconsin, have recently passed laws to
reward companies with outstanding environmental records or to create incentives to
improve compliance among poorly performing companies. We are working with these states
to implement these laws in a way that creates more flexibility within their delegated federal
programs. The agreement with Wisconsin provides a process for the state to offer flexibility
in a way that conforms with the principles established by EPA, the Environmental State
Commissioners, and Wisconsin's own legislature.
Another example of how the EGOS agreement will be used can be seen in Texas. There,
our Regional staff in Dallas are working with the state to address their interest in reducing
resources spent recertifying air inspectors for their ability to measure opacity, or the dense-
ness, of smoke plumes. Under Clean Air Act regulatory requirements, all air inspectors must
be certified on their ability to make these determinations. So, every 6 months, they are
trained and tested. Because Texas has recently reduced its reliance on these readings in
enforcement cases, the state proposed extending the recertifica-
tion requirement to 2 years. Texas and EPA officials are now
discussing options that would balance state interest in reducing
resources required for recertification with the need to maintain
well-trained and up-to-date inspector capability. Through these
and other state experiments, we hope to find ideas to improve
environmental protection that can be transferred to other states
and facilities
The agreement with the State Environmental
Commissioners expands opportunities for testing innovative
regulatory approaches that may not meet the requirements for
Project XL. As described in the next section of this report,
Project XL is a unique reinvention initiative that allows testing
-------
: S3 REINVENTING ENVIRONMENTAL PROTECTION
of new ideas in situations outside of the traditional regulatory construct. In 1998, we
approved the first state project under Project XL, this one with Massachusetts on an innova-
tive alternative to permitting.
ENCOURAGING SMARTER GROWTH
Today poorly planned development and urban decay threaten environmental health, eco-
nomic opportunities, and quality of life in many communities. At the same time, growth
and redevelopment is critical; it can revitalize communities by adding new services and cre-
ating new job opportunity. Broad coalitions—including farmers, developers, business lead-
ers, neighborhood organizations, and government officials—across the country are now
putting aside years of distrust and coming together to create a new vision that goes beyond
the debate over growth versus no growth. This vision focuses on promoting growth and
redevelopment activities that enhance the livability of our communities.
EPA recognizes that decisions related to growth and development should reside with
local and state officials. And yet, many of our programs can help communities grappling
with the" question of how to revitalize and grow without risking their quality of life gained
through environmental and public health protection programs in the past.
In an action uniquely suited to EPA, we are exploring whether innovative local land use
activities, such as more compact development, revitalizing urban industrial sites, and locat-
ing office buildings closer to residences to shorten commutes can improve air quality. If so,
the Agency might be able to offer local governments that promote these activities credits
under Clean Air Act requirements. Preliminary estimates suggest these credits could be sig-
nificant, providing communities more options for growth and redevelopment, while pro-
moting cleaner air and enhanced economic vitality.
We also offered financial support by expanding a $500,000 pilot project into a $5 mil-
lion national grant program to support community-based sustainable development activi-
ties. These grants are offered to help launch community-based projects that promote
environmentally and economically sustainable practices; build working partnerships among
community members, businesses, and government agencies; and help attract public and pri-
vate investments so community projects can continue without relying on EPA for support.
In May 1998, 45 projects from all areas of the country were selected for funding. They
ranged widely from urban redevelopment and revitalization efforts to ecologically sound
agricultural practices to natural resource and watershed protection efforts.
EPA also led the Smart Growth Network, a coalition of government, businesses, and
civic organizations concerned about haphazard, unplanned growth and development. The
network supports neighborhoods, communities, and regions across the country in their
efforts to avoid this trend in several ways. It serves as a clearinghouse of knowledge about
"smart growth." It facilitates information sharing on best development practices and acts as
-------
.REINVENTING-ENVIRONMENTAL. PROTECTION
31
a catalyst for implementing new ideas. In just
2 years, 21 national organizations, such as the
International City/County Management
Association and the National Trust for Historic
Preservation, have joined based on their con-
stituents' concern about smart growth issues. In
addition to providing their constituents with infor-
mation, these national organizations are taking
action in support of smart growth by convening stakeholder discussions and developing
special planning and management tools. Joining these national organizations are more than
300 individual members who have signed up based on a desire to promote smart growth
within their own community, organization, or business. The network's rapid increase in
membership signifies the growing interest in smart growth, as do attendance figures at the
network's national conferences—last year's gathering attracted more than 1,100 people from
nearly all 50 states.
Through a coordinated approach, EPA's support for these and other activities enhance
the livability of communities, while creating places that foster strong conditions for healthy
environments, economic progress, and community well-being.
HELPING COMMUNITIES REVITALIZE BROWNFIELDS
One of EPA's greatest opportunities for supporting smart growth is the Brownfields
Economic Development Initiative. Brownfields are abandoned, idled, or under-used proper-
ties tainted by environmental contamination. They are a blight in many inner cities, repre-
senting lost jobs, decaying neighborhoods, and unused potential. While brownfields sit idle,
industries often expand into undeveloped green spaces.
The Brownfields Economic Development Initiative is helping to revitalize those neglect-
ed sites in ways that make sense for each community. In 1998, we awarded $21 million to
help 107 communities begin the process of redevelopment. These grants help assess proper-
ty contamination, involve community residents in land use decisions, and resolve liability
concerns. "There is no greater example of the environment and the economy working hand
in hand to benefit the American people," said Vice President Gore.
To date, we have awarded more than $42 million to 227 states, cities, towns, counties
and tribes, based on a commitment to supporting 300 pilot projects by the end of 1999.
Communities have used their grants to leverage nearly $ 1 billion more for cleanup and
redevelopment.
Funding to support cleanup and redevelopment is essential, but bringing neighborhoods
back to life requires something more—a vibrant, sustainable, local economy. That's why we
are also helping communities develop solutions to social and economic problems linked to
-------
i in
in
REINVENTING ENVIRONMENTAL PROTECTION
Brownfield Pilots & Showcase Communities
227 Awarded as of December 1998
Brownfield
Assessment
Pilot Project
Baltimore, MD
Connecting the
city's Economic
Empowerment Zone and
brownfield redevelop-
rhent activities.
Chicago, IL
1Showing how a city
can lead on brownfield
issues through the collab-
oration and partnership
of a community-based
Brownfields Forum.
Dallas, TX
, A flgjionaj leader, in
leveraging federal envi-
rbnmental cleanup and
economic development
funds.
East Palo Alto,
CA Showing how a
bypassed, historically
agricultural community
;;., c||n^sycceSsfulilyiclegni up
brownfield areas and
!;'!!!'•':" broaden its economic
Southeast
Florida A five-
county partnership to
revitalize an urban core
and alleviate develop-
ment pressures around
the imperiled Everglades.
Glen Cove, NY
A small Long Island
community successfully
involving local citizens in
uniting redevelopment
efforts along the waterfront.
Kansas City, KS
and MO Showing
how cities, states,
and federal agencies can
join together to solve
brownfields problems
crossing state lines.
Los Angeles, CA
Demonstrating
how a sprawling
metropolis can revitalize
brownfields through a
concentrated transporta-
tion corridor project.
Lowell, MA
A classic northeast-
ern manufacturing xity
focusing on revitalizing
its former industrial sites.
Salt Lake City, UT
Working to recon-
nect parts of the city now
separated by a blighted
industrial district.
Portland, OR
Using the trans-
portation system to spur
brownfields cleanup and
maintain controlled, sus-
tainable growth.
State of Rhode
Islqnd/Prpvidence
Working together to
improve conditions in the
Woonasquatucket River
watershed, with a focus on
greenway development.
St. Paul, MN
Using its Port
Authority to concentrate
economic revitalization
and redevelopment activi-
ties with support from .a
strong state cleanup
program: ~ •
Seattle/King
County, WA
Showing how a major
city and rural county can
work together in a
regional approach to
brownfields development.
Stamford, CT
A small, northeast-
ern industrial city plan-
ning to reclaim its harbor
area through brownfields
redevelopment.
Trenton, NJ
Successfully partner-
ing with a neighborhood
community development
corporation to involve the
community in brownfields
redevelopment activities.
[ jiii 1^^ I in;'!;; ifliiiiii ; puffl 'jjjr-mi jiii'i jiiM" ajjii; g ^gmit^ J|" '''
, !' (Illif
-------
REINVENTING ENVIRONMENTAL PROTECTION,
33
brownfleld sites. We estimate that the Brownfields Economic Development Initiative has
created more than 2,000 jobs, with tens of thousands more jobs projected for communities
once revitalization efforts come to fruition. To further promote job opportunity, in August,
we awarded $2 million for job training related to the assessment, cleanup and redevelop-
ment of brownfields in 11 communities. One grant recipient, East Palo Alto, California, for
example, has partnered with a nonprofit job training center to offer hazardous materials
training. The first 34 graduates have been trained in contamination removal and most have
been hired by local companies.
Our efforts to address brownfields are part of a broader federal partnership that involves
more than 20 federal agencies. In March 1998, Vice President Gore designated 16
Brownfield pilot projects as "Showcase Communities" and announced that federal agencies
would collectively target an additional $28 million in federal assistance to these areas to
create national models of innovative environmental cleanup and redevelopment. These
Showcase Communities face a variety of challenges. In Southeast Florida, for example, a
five-county partnership is revitalizing an urban center to alleviate development pressures on
the Everglades. Salt Lake City is reconnecting neighborhoods now separated by a blighted
industrial district. And Lowell, Massachusetts is showing how manufacturing cities can revi-
talize their former industrial sites.
VOLUNTARY ACTIONS PROTECT THE ENVIRONMENT AND
SAVE MONEY
Partners who join EPA's voluntary environmental programs are improving their environ-
mental performance while also improving their financial status. As of January 1998, busi-
nesses, government agencies, hospitals, universities, and other organizations reported annual
savings of $1.6 billion from their efforts to cut pollution, improve efficiency, and conserve
natural resources.
Known collectively as "Partners for the Environment," these nonregulatory programs
encourage and recognize environmentally friendly actions. WAVE, which stands for water
alliance for voluntary efficiency, for example, helps hotels conserve water by changing cer-
tain practices and installing water-saving devices.
The Waste Wise program encourages partners to
reduce, reuse, and recycle waste material. The
Pesticide Environmental Stewardship program
encourages integrated pest management and
reduces pesticide risks in agricultural and urban
settings. Design for the Environment helps busi-
nesses incorporate environmental considerations
into the design of their products and processes.
-------
.'•&'r$,^&$^$Wtf$$Kr.
REINVENTING ENVIRONMENTAL PROTECTION
ssficide Environmental
iciencv
limate Wise
Hrtreacr
Outreach
sportation JPartners
«M
m Jfttlne JEmti ronment
tal Accoi
-ommon_Sense Initiative
jiect XL
fotVok
YAVE)
These partnerships have yielded impressive results. The latest
data, based on results from 1997, showed that partners collectively:
• eliminated 7.6 million tons of solid waste.
• prevented the release of 79 million metric tons of carbon diox-
ide, the primary pollutant linked to global warming.
i/ saved nearly 6 million gallons of clean water.
• conserved enough energy (more than 1 quadrillion BTU's ) to
light 56 million households for a year.
Partners range from Fortune 500 firms to small, family-owned
operations. Three world renowned buildings—the World Trade
Center and Empire State Building in New York and the Sears
Tower in Chicago—joined the ENERGY STAR Buildings Program in
1998 to reduce energy use and cut the pollution that leads to
global warming. Other ENERGY STAR partners include such diverse
small businesses as Colonial Grocery in Mt. Ida, Arkansas; Blue
Body & Paint in Billings, Montana; and Jones Electric, a home-
based business in Statesboro, Georgia.
These voluntary programs are attractive to partners for several
reasons. First, because they focus on cutting waste and improving
efficiency, they typically lower a participant's manufacturing and
operating costs. They offer technical information and, in some
cases, onsite technical assistance. Many programs offer special
recognition that can be used advantageously in the marketplace.
Computer and electronics companies participating in our ENERGY
STAR program, for example, can apply the special ENERGY STAR
seal to distinguish their products. Other programs might offer
recognition through awards programs that generate positive press.
In 1998, we hosted awards ceremonies to recognize leaders in vari-
ous partnership programs. In September, we hosted the first
awards ceremony for our WasteWise partners, recognizing partners
who are leaders in preventing and reducing solid waste. In
November, we honored outstanding Climate Wise partners at
another first-time ceremony to recognize achievements that reduce
air emissions linked to global warming.
Climate Wise, which receives technical support from the
Department of Energy, has proven to be an effective part of the
nation's Climate Change Action Plan. Under the program, compa-
nies look across all aspects of their operations from industrial
-------
^REINVENTING ENVIRONMENTAL PROTECTION
35
operations like boiler systems, to lighting, to water
usage to increase energy efficiency and reduce green-
house gas emissions. In 1998, program membership
rose by more than a third to 459 companies. These
new members alone represented more than 1.4 per-
cent of the U.S. industrial energy use. Together, they
committed to reducing emissions by 620,000 metric
tons, the equivalent of taking 2.2 million cars off the
road. As an incentive for participation, Climate Wise
offered technical assistance, such as a new software
tool that helps companies track their emissions and
quantify the emission reductions from dieir actions.
This and an expanded version of the software to be
launched in 1999 is already changing the way com-
panies think about energy efficiency. Many companies don't know what their annual energy
bill is, much less what projects they have in place to improve efficiency or how these pro-
jects are actually performing. Climate Wise also began working with British Petroleum,
Chevron, and other major corporations to develop new products deemed "climate neutral."
This concept refers to the complete elimination of greenhouse gas emissions, either through
energy efficiency or through offsets from projects that are climate friendly.
"WasteWise is proving to be
an excellent industry/govern-
ment voluntary partnership.
We are managing our busi-
ness in the way that is most
effective for us while produc-
ing results that help to
achieve the long-term envi-
ronmental goals that govern-
ment has set. Everyone wins!"
Terry Bedell, Manager of Environmental
Programs, the Clorox Company.
AGENCIES UNITE TO PROTECT DRINKING WATER
In November, we announced a partnership with other federal agencies to help state and
local governments protect their drinking water.
Under the Safe Drinking Water Act, states, tribes, and localities are responsible for over-
seeing drinking water sources and taking action to curtail potential contamination problems.
This requires them to define ground-water and surface-water protection areas, identify and
map potential contamination sources, and inform the public about drinking water safety.
This task is not always easy, especially for small governments without a lot of technology
and expertise. To help them, EPA and eight other federal agencies agreed to share informa-
tion with states, communities and tribes. Federal electronic databases, geographic informa-
tion systems, and other information will help these governments map potential problems
and protect their drinking water sources for future generations.
In addition to EPA, other federal partners include: the U.S. Departments of Agriculture,
Commerce, Defense, Energy, Interior, and Transportation; the U.S. Postal Service; and the
Tennessee Valley Authority. Regional forums will be held in 1999 to help build these feder-
al-state-local partnerships so we can respond to communities' information needs.
-------
REINVENTING ENVIRONMENTAL PROTECTION
ENGAGING THE SCIENTIFIC COMMUNITY IN
HIGH-PRIORITY RESEARCH
In order to improve the science behind our decisions, in 1998, we continued reaching
out to the best and brightest in the scientific research community. Through the Science to
Achieve Results (STAR) program, we supported scientific research to complement the work
of our own scientists. Since its inception in 1995, this program has provided grants to sup-
port high-priority, peer-reviewed research projects. And by coordinating this effort with
other federal agencies, we are able to avoid duplication and leverage federal research dollars.
A number of important scientific findings and accomplishments are being seen from this
program as some of the earliest grants come to completion. Several examples below illustrate
their significance:
• Researchers at the Metropolitan Water District of Southern California developed a cell
culture assay for detecting Cryptosporidium in source water and treated drinking water
supplies. This organism, which has been linked to deaths in some areas, is a major public
health concern for drinking water suppliers.
• How do you place a dollar figure on the value of
an ecosystem? This question is one of the most chal-
lenging EPA faces when estimating the costs and
benefits of new policies and regulations. A series of
grants in economic research are being used to devel-
op or improve current methods for making these
valuations.
• At the University of Colorado, researchers have
developed two innovative air modeling techniques to
predict the peak, ground-level concentrations of toxic
pollutants released from tall stationary sources. This predictive tool is expected to have
near term application for developing regulations under the Clean Air Act.
Finding environmentally benign alternatives to toxic organic solvents has been a major
focus of grant support. Research grants on the use of liquid carbon dioxide has led to
promising developments, including one approach developed at the University of North
Carolina and already commercially available that offers dry cleaners an alternative to
perchloroethylene.
SHARING FINANCIAL RISK
New environmental technologies can be financially risky, but the innovative solutions
they offer are essential for advancing environmental management capabilities. In April, we
agreed to share the risk of trying innovative technologies for one of our most pressing
-------
REINVENTING ENVIRONMENTAL PROJECTION ^
37
environmental problems—cleanup of the
nation's worst hazardous waste problems at
federal Superfund sites. Superfund cleanups
can cost millions of dollars, creating a dire
need for more cost-effective cleanup technolo-
gies. However, responsible parties often are
reluctant to try new techniques because they
fear having to "pay twice" if the innovative
approach fails to produce the required level of
cleanup.
Courtesy of Parsons Engineering-Science, Inc. and
Resources Conservation Company
Now, if projects are accepted by an EPA
technical review panel, the Agency will share
up to 50 percent of the cost of the failed innovative technology if further cleanup is
required. In doing so, we hope to encourage the testing and use of innovative technologies,
boost cleanup efforts at Superfund sites, and encourage responsible parties to take a more
active role in new technology development.
-------
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urther gains in environmental and public health protection will come in one of two
ways—through new regulations that require higher standards of environmental per-
formance, or through voluntary actions where businesses, communities, or individu-
als commit to addressing problems by changing certain practices or taking specific actions.
Regulations are essential to protection efforts, and setting environmental standards contin-
ues to be one of EPA's most important responsibilities. But improving environmental pro-
tection requires more than just issuing scientifically and technically sound mandates. "We
must first determine whedier regulations are appropriate. Depending on the issue and the
circumstances, incentives that prompt voluntary action may be more effective in getting the
desired result. When regulations are needed, we need to offer regulated parties more choice
in how they comply. During the past year, we worked with industry and other interests to
better understand the specific issues that affect environmental performance capabilities. We
also worked to provide more flexible regulatory approaches for addressing some challenging
environmental problems. The result was a mix of regulatory and nonregulatory solutions
that are more tailored for the challenges daey aim to address.
CLEANER AIR
In September, we issued a plan to ensure that Americans will breathe cleaner, healthier air
in the next century. The plan offers flexibility to states—and indirectly to power plants—in
meeting federal air quality requirements for smog. The standards were issued in 1997 to pro-
tect the public from asthma, bronchitis, and other respiratory problems, and to guard against
damage to crops and forests. Our plan to reduce these harmful pollutants calls for the District
of Columbia and 22 states in the eastern United States to cut their emissions of nitrogen
oxide (NOx), a primary contributor to smog formation, by more than 1.1 million tons annu-
ally, or 28 percent overall, by the year 2007. States can decide how these reductions will be
achieved, but we recommended they focus on controlling emissions from large power plants.
Why? Because the technology needed to reduce NOx reductions from these sources costs
approximately $1,500 per ton compared to costs of $2,000 to $10,000 per ton for control
measures on other NOx sources, such as automobiles, small businesses, and factories.
To further ensure cost-effectiveness, we recommended that a trading program be created
to give the power industry more flexibility in meeting the necessary targets. Under this
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REINVENTING ENVIRONMENTAL PROTECTION
39
approach, the states would establish a
cap on total NOx emissions; power
plants and other sources that reduce
more emissions than required could sell
the excess as "credits." Facilities not able
to reduce emissions as quickly or as cost-
effectively could buy credits to meet
their allotment.
Overall, this plan offers a flexible,
cost-effective program for reducing
smog. It should enable most counties in
the East not currendy meeting the new
smog standards to come into compliance
without having to implement additional,
cosdy controls. And by emphasizing
market strategies, it offers power plants a
practical, workable alternative for achiev-
ing their allotted emission targets. As an
article in the Boston Globe pointed out,
"... less targeted, more invasive regulato-
ry methods could easily have doubled or
even quadrupled the cost."
ier clean air action affecting1
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e tocus trom pollution control to improving produc-
processes This standard requires plants to signifi-'
Js~ ^tgntly reduce the toxic air emissions from their
.,- <,*•***'- , , , .
*~ A final rule issued for the pharmaceutical industry
m July demonstrates EPA's commitment to making
'pollution prevention an integral part of regulatory
pctions whenever possible and to providing flexibility
jn^ho/yv regulations are met The rule is expected to
"jr&duce toxic emissions from the industry by 24,000
Ions a year Manufacturers can meet the air toxic
"Aoperafions by recovering or recycling solvents or simi-
lar process ^improvements
The new rule also^contains ajnarket-based provi-
* ion, "emissions averaging," which gives facilities the
ixibility to choose where in their operations to focus
""Vi-Ar-sn , , ** r i
:>n controls In some situations, facilities might
1 * J-u f, i <&"!&• >» .;
,it more cost-ejfective to overcontrol process vents
^standard by installing new emission control equip- f^ «f|r storage fanks fn one_area and to undercontrol
"rrlent Or,jhey can opt to comply through an alterna^ iflesi| sources in others This flexibility can nelp them
live, poliujjon prevention-based standard that shifts ' «aSueve greater emission reductions at less cost
1%-fZ*
4n *
* ,
V •> %
* ZJ&i *•»£
-------
jf"
REINVENTING ENVIRONMENTAL PROTECTION
WATERSHED PROTECTION
The same market-based forces that have been used to drive air quality improvements are
also being harnessed to improve water quality. In several watersheds, effluent trading is
being used as a market-based approach for pursuing water quality goals in a more flexible,
cost-effective manner. The need for such an approach has intensified in recent years, in part
because of Clean Water Act requirements that are being applied to improve conditions in
waterbodies not supporting their designated uses, such as fishing and swimming.
Under the Clean Water Act, states must provide a
quantitative method for allocating pollutant discharges,
or loadings, among sources. This is done by developing
the total maximum daily load (TMDL), the sum of the
pollutant load coming from point sources, nonpoint
sources, and the natural environment. (It also includes a
margin of safety to account for any lack of knowledge
about the relationship between the pollutant loads and
the quality of the receiving water body). Based on this
assessment, the allotment process may take a variety of
factors into account, but is not necessarily done on an economic basis. As a result, industri-
al, municipal, and agricultural sources with the ability to reduce loadings at the lowest cost
have not always been encouraged to make reductions when assigned relatively high allot-
ments. Meanwhile, other sources whose cost of making reductions is very high can face sig-
nificant reduction requirements when assigned a relatively small allotment.
The latest water quality assessments from die states show that these allotment processes
are needed in many parts of the country, for about 40 percent of monitored waters are not
meeting water quality goals. In these areas, effluent trading among sources within a water-
shed offers a market-based approach for determining who will actually reduce loadings and
by how much. While regulatory authorities assign allotment levels to all of the sources, by
allowing buying and selling, these agencies rely on die market to determine how the allot-
ments will actually be met. Sources able to cut their loadings beyond what is required can
sell the excess to those unable to meet their allotments in a timely, cost-effective manner.
This ability to buy allotments can be especially beneficial for sources that need to expand,
for it can help them avoid having to invest in expensive new pollution control technologies.
In 1998, we gained more experience with effluent trading programs through pilot pro-
jects in several communities. In Idaho, for example, a trading program is being created for
the Lower Boise River in anticipation of new phosphorous reductions that are expected to
be needed based on the forthcoming TMDL. Following an initial study to determine how
much phosphorous reduction was needed, work began to develop a market and analytical
framework for managing trades involving municipal and agricultural sources. Trading
should begin on a limited scale in 1999 or 2000, with larger trading volumes expected in
subsequent years.
-------
REINVESTING ENVIRONMENTAL PROTECTION ^ I 4i
Another trading program was launched to reduce loadings of ammonia and organic mat-
ter for the Puyallup/White River'watershed in northwest Washington. There, trading was
seen as a way to help accommodate future economic growth stemming from the nearby
Seattle-Tacoma metropolitan area. Initial trading will occur between point sources, but
point-to-nonpoint source trades will be considered in the future.
THE CLEAN WATER ACTION PLAN
In February 1998, President Clinton unveiled a Clean Water Action Plan to finish the
job of restoring the nations waters. This plan includes more than 100 specific actions that
EPA and other federal agencies will take to strengthen and expand protection of rivers,
lakes, wedands, and coastal waters. It builds on the solid foundation of the Clean Water Act
and related core water programs and provides the first-ever multiagency budget to direct
federal funding for clean water programs.
The collaboration involved in developing this plan was unprecedented. In the past, EPA
and its federal partners within the Departments of Agriculture, Commerce, Interior, and
Defense have carried out numerous programs to improve and protect water quality. And
yet, too often, they have not done so in a coordinated way. Water quality in any given
watershed can be affected by numerous factors, including actions by federal agencies. Thus,
rather than continuing to execute water quality programs independently, the federal agen-
cies committed to a unified plan that will allow them to focus and coordinate their efforts
more effectively and efficiently. This involves integrating traditional water pollution control
programs such as permitting water pollution discharges with efforts to protect wetlands,
aquatic habitat, and drinking water sources.
One problem area being addressed is polluted runoff from large livestock operations, also
known as animal feeding operations. Without proper controls, polluted runoff from these
operations can deplete or reduce dissolved oxygen in surface water, cause harmful algal
blooms or fish kills, and contaminate drinking water with nitrates and pathogens. Scientists
and researchers have also linked these pollutants to outbreaks of dangerous microbes such as
Pfisteria piscida which have been found in the Chesapeake Bay and in North Carolina. The
latest data on the quality of the nation's rivers shows that of the 694,000 river miles sur-
veyed, 35,000 are adversely affected by animal feeding operations.
In September, Administrator Browner and Agriculture Secretary Glickman announced a
joint strategy to reduce impacts from these operations through a variety of voluntary and
regulatory approaches. Under this strategy, 95 percent of the nation's 450,000 livestock
operations would be encouraged to implement voluntary waste management plans while
about 5 percent (15,000 to 20,000) would be required to obtain permits under the Clean
Water Act. Regulatory actions would be targeted to address the largest and most concentrat-
ed operations (i.e., those with 1,000 animals or more), those discharging directly into
-------
i;:^
. • ; :
"W, REINVENTING ENVIRONMENTAL PROTECTION
waterways, and those known to be the most significant sources of impairment within a
watershed. Designed to help the industry remain financially strong while reducing water
quality threats, the strategy encourages industry leadership in providing operators with edu-
cation opportunities, financing, and technical advice.
The environmental impact of pork production, in particular, has come under scrutiny in
recent years, in part because of the growth of large scale operations and because of several
significant waste spills. Faced with the need to reduce such spills and protect water quality,
in November, EPA announced an agreement with the National Pork Production Council
whereby participating pork producers can have their operations voluntarily assessed for
Clean "Water Act violations by certified independent inspectors. Producers who promptly
disclose and correct any discovered violations from these audits will have any related
enforcement penalty reduced or eliminated. They will also receive seals from the Council
for public display recognizing their environmental stewardship. This approach provides an
incentive for pork producers to take the initiative to find and correct Clean Water Act viola-
tions and prevent discharges to waterways without compromising the ability of EPA or
states to enforce environmental requirements.
POLLUTION PREVENTION
Pursuing innovations that create more cost-effec-
tive, environmentally friendly alternatives to existing
products, processes, and services is one way to
improve environmental performance—without hav-
ing to impose new regulatory requirements. Today,
many EPA programs promote pollution prevention
through research and development, technology
transfer, financial assistance, or voluntary initiatives.
In our national laboratories, scientists are doing
applied research in strategic areas to support pollu-
tion prevention advances. Some are working to
refine methodologies for "Life Cycle Assessments" to
help facilities estimate the total environmental
impacts of their processes and products. Others are
also developing computer-based decision tools to
help companies make process design changes and
raw material selections that minimize waste and
facilitate recycling.
The voluntary environmental programs, described in the previous section, also foster pol-
lution prevention. Design for the Environment, for example, helps selected industry sectors
incorporate environmental considerations into their operations. Through partnerships with
"At Don la r, we strongly sup-
port and hail the Green
Chemistry Challenge, put forth
by President Clinton and EPA.
By working together and form-
ing partnerships, chemical
companies and federal agen-
cies can find innovative chemi-
cal processes that maximize
the benefits of pollution
prevention."
Larry P. Koskan, President,
Donlar Corporation,
and 1997 Green Chemistry Challenge
Award winner.
-------
REINVENTING ENVIRONMENTAL. PROTECTION 43
the industry sectors and interested parties
in public interest and labor groups,
research institutions, and other govern-
ment agencies, we evaluate environmen-
tally friendly alternatives to current
processes and products and find incen-
tives to encourage continuous environ-
mental improvement. New information is
gained and shared on the environmental,
economic, and performance implications
of traditional and alternative manufactur-
ing methods and technologies.
Our experience working with industry-
through tliis program spawned a related
initiative to find more environmentally
sound alternatives to chemical products
or processes. The Green Chemistry
Challenge program, launched as part of
EPA's initial reinvention agenda, recog-
nizes public and private sector research
and development achievements that min-
imize pollution. Specifically, it promotes
the design of economically competitive
chemical products and manufacturing
processes that minimize the release of
toxic substances into the environment.
The program consists of Presidential
awards for outstanding green chemistry
achievements and academic research
grants for studying or applying green
chemistry principles. As the box to the
right describes, 1998 brought a host of
innovations that can be harnessed to
improve environmental and public health
protection capabilities.
':!i;*Y^^i;J"^i|(,i!n3:
.,- ,,;j:,,,:^:,,1'-£r,^-';iift
-a*r* "**
ESIDENTIAL Avy^J|DS,^,,v_
:COj3J\ygE;]^^ ._
Academic: ,r]rQ_fe,ssoi;s,,rlCQren Draths gncf John
at (vlichiggn Stpte University used microbes
_jSropiMffejIy .Tae'nign. catalysts^ in synthesizing
^J|>0rtant industrial chemicals. They were able to
""^ace tqxic, nonrenewgrjle feedstocks with non-
reneWpBle sugar;.to use water as tfteir sol-
gnj|;,|o jjgnificantly reduce the amount of
S]gene7atld.
-.,.
cademic: Professor B,arry Trpst from Stanford
niversity developed a new theoretical approach
tror assessing the efficiency of syntheses used in
3fe* ^"V- ^S-^-Ka.^ , -4 ' ~ - ,*
" * " ufactunng processes Ufing his criteria, manu-
gcturers can estimate ancTcompare the expected
of product and waste when considering
£--•• i l~. ""*'"*
verall process_viability
Smal[5iiS{nestfCategory: PYROCOOL
eveloped an environmentally responsible fire
tjnguishment and cooling agent Their technolo-
JWT f. » x.^f ^^f Jtf t ' ?"l * ~|
y"aemonstrated that selective use of biodegrad-
bje substancgs^can dVarnpticgJIy enhance the
pectjyenejsjgfjsjmple water, while eliminating the
'&# «- _ wtnS^t, „* ,4 *f iiSsW. Sa^WSa? pur n-r
jjSdMror more toxic gcfinguisnmg agents
Iternative Synthetic Pathways: Flexsys
/eloped a new process for synthesizing chemicals
rubber manufacturing. The new process
-Dramatically reduces the amount of chemical waste
"and waste water generated, eliminates use of
T^^~ 33&f^ ** ^- T
jajjjiful chemicals, and improves worker safety
"^5£- - ._!" -r - " r
Alternative Reaction Conditions: Argonne
_,. .^Laboratory developed an economically
Jj viable process for producing lactate esters, com-
pounds that provide a nontoxic and biodegradable
lative to toxic solvents^JThe new process could
to many industries, replacing approxi-
iafely 80 percent of the 3 8 million tons of sol-
in the Ijnited States each year
•"•','• "L. "??**' * *
Safer Chemicals^ ?9nnl and Haas Company
esjgned an environmentally safe insecticide that
C*offers farmers, consumers, and society safer,
oFe effective options for controlling insects in
*»•«-, . *~ >
fe turt and crops
-------
REINVENTING ENVIRONMENTAL PROTECTION
AN INDUSTRIAL SECTOR APPROACH TO
ENVIRONMENTAL PROTECTION: WHAT WE
LEARNED FROM THE COMMON SENSE INITIATIVE
One of EPA's earliest and most ambitious efforts to reinvent environmental protection
began in 1994 when Administrator Browner announced the Common Sense Initiative
(CSI). This experimental program was designed as an inclusive forum for testing a funda-
mentally different approach to environmental protection. For more than 4 years, diverse
interests representing the Agency, state and local governments, environmental and other
public interest groups, worked to create a more integrated environmental protection system.
Their goal was to move the current system beyond the compartmentalized structure that
has evolved under the nations separate environmental laws and to find ways to make the
system work more effectively for specific industry sectors and other stakeholders. In all,
more than 300 individuals came together to analyze problems, test solutions, and make rec-
ommendations for improving environmental management capabilities.
Six industry sectors were chosen to represent a broad array of environmental manage-
ment challenges facing American industries. Automobile manufacturing, iron and steel, and
petroleum refining represented three large, highly regulated industries with long, and some-
times controversial, relationships with EPA. The metal finishing and printing sectors were
chosen to represent the challenges facing small businesses. And the computers and electron-
ics industry was selected because of its relative newness and rapid growth; many of its
processes were not in existence when environmental laws were written and basic require-
ments set years ago. When CSI was launched, these sectors comprised 11 percent of the
U.S. gross national product; employed more than four million people; and accounted for
more than 12 percent of toxic releases reported by industry.
One of the less tangible, but more important results from CSI was the improved under-
standing and cooperation that was gained among participants. Individuals who were more
accustomed to interacting as adversaries worked together to achieve consensus on complex,
controversial issues. The process was slow, sometimes tedious, and always challenging. But it
forced participants to listen to others' views and to consider others' special needs and priori-
ties. Over time, it opened minds and spawned ideas that will affect the way that we as regu-
lators and industry do business in the future. Several examples are discussed below.
Metal Finishing Sector
The most dramatic results from CSI can be seen in the metal finishing industry. In January
1998, EPA joined the industry and other stakeholders in launching the National Metal
Finishing Strategic Goals Program, a sector-based environmental stewardship program. Under
this program, participating facilities voluntarily pledge to meet new environmental performance
-------
REINVENTING ENVIRONMENTAL PROTECTION
45
Participants Comment ojLJEPAs Common Sense lrtitia%f
^"developed for'bri
lo educate each otl
Vj^r*--*-^^^ ^ ^ * |
Siveri all the stakehol
"I see the CS1 process as the best aven
irrg all of thejvarioul stakeholders togetj
I believe that this education process h
a better understanding of each others'
processes. Thfs understanding cannot help buf lead to a bette'
ulatory framework in the future." _ „ - -
David S. Marsh, Chairman, Marsh Plating Company
[ivtduoj goals ,pnd tl
"CS! demonstrated the value of cross-cutting pollution prevention"6^pdftunitiesZlftqf:s;ould
~ ^ "Tiw™ ^^i^'s^z^K?''*.''^-?-:.,',:"*:. I?
fit multiple industries and businesses For example, the 'Access to Capitar Seffijnar
* ,£-,„.'' 73^=sd l^-.-.'Vg^'!. ^i j, =.-•=¥•"'
business owners fn the metal finishing and printing sectors engage^^^gj^lg^i
bankers, highlighted the barriers to pollution prevention investmer^^^%ri.^^yj:s|6essesj
pro[ect, the bankirig and insurance industries are forming new pan^^^^ps vs'i.thjbese in
access to financial capital for pollution prevention investments."
John H., Adams,
leaner, cbe,gperj
rds I could a
Ijornpany... but
fief bthe.rs"an opp
• .fl'.f-f .-•>-;-• sr-i.« --&, rr
goals within 5 years. These goals, which will be pursued through
innovative pollution prevention opportunities, include reducing haz-
ardous air emissions by 90 percent, utilizing 98 percent of metals on
products (thereby reducing metal wastes), cutting water use by half
and energy use by a quarter. In addition, the industry pledged to
achieve compliance with all environmental requirements at all of its
facilities and to support tough enforcement action against facilities
that routinely fail to meet their regulatory obligations.
EPA, along with other stakeholders who worked with the industry in developing the pro-
gram, committed to certain strategic actions to support them in reaching their goals. For
EPA, these actions included offering special incentives and tools to encourage environmen-
tal improvements and removing regulatory and other barriers that can hinder their improve-
ment efforts. For example, we are now taking regulatory action to improve metal finishers'
waste management options under the Resource Conservation and Recovery Act. During
CSI discussions, EPA and other participants learned that current regulations discourage
recycling and inadvertently lead most operations to choose land disposal for disposal needs.
Under a new proposal just issued in February 1999, metal finishers would be allowed to
accumulate waste for 180 days—twice as long as before. The extension would allow them
-------
REINVENTING ENVIRONMENTAL PROTECTION
j
f
Metal Finishers' Strategic
Goals Program—First Year
Report Card*
: One year after tHe Strategic Goals Program
; was launched in January 1998, mote, than
;: ; 270 metal finishing companies, 17 states/ .'.gnd
34 local waste-water facilities (which treat
effluent frpnvmetal finishing facilities) are par-
ticipating. Public interest groups are involved
in several key locations. Milestones from the
year include:
* Developing tailored, local programs that
reward the achievements of participating
Jacilities in several states and.rnetropolitan
/ areas, including Chicago; Los Angeles;
ip Providence, Rhode Island; New York/New ^
/ Jersey; Indiana; Pennsylvania; .and Texas. "
' J ' - ;„. '7" „'
; ,/ • Offering customer-oriented technical'assis-••'/_.
f tance tools, such as the online National
Metal Finishing Resource Center, and the ;,
new metal finishing environmental guid- :
ance manual.
• Testing a promising, low-cost technology to ;
help small chrome plating shops comply
with Clean Air Act requirements.
• Designing an "Access to Capital" pilot pro- ._.
ject in California, in cooperdtion with the ,,
Small Business Administration, to help '
metal finishing firms secure financial capital
for environmental improvements.
• Providing tracking systems to help all inter- '
ested stakeholders monitor progress toward,
environmental improvement goalsV- ;
* Evaluating and making regulatory changes "•*
to encourage resource conservation and
pollution prevention.
• Developing the first sector-based research —
and development agenda in which all
stakeholders were involved in setting priori-
ties for the research needed to reduce envi-
ronmental risks from metal finishing
operations.
to generate waste in volumes sufficient for
cost-effective recycling and it would help
them avoid expensive costs associated with
transporting and disposing relatively small
volumes to an offsite location.
In the Great Lakes area, where many
metal finishing firms are concentrated, envi-
ronmental officials at all levels see this pro-
gram as a major opportunity to promote
recovery of metals from waste water. Studies
show that the regions more than 2,000 metal
finishing shops contribute 50 percent of all
metal waste flowing into sewage plants for
treatment. As part of their commitment
under the program, officials in Chicago are
working with local stakeholders to consider
tax credits, public recognition, and other
incentives for metal finishing firms striving
to meet waste water and other environmental
performance goals.
The core of the Strategic Goals Program is
the metal finishers' strong commitment to
pursuing innovative pollution prevention
opportunities, matched by regulatory officials
and other stakeholders' willingness to take
actions that directly support the industry's
efforts. As this flexible, sector-based program
expands to include more facilities, states, and
localities, it will provide a replicable model
for promoting voluntary stewardship across
an entire industry.
Iron and Steel
As a result of CSI, the iron and steel
industry will also benefit from upcoming reg-
ulatory changes. Under Clean Air Act regula-
tions (for New Source Performance Review),
facilities are required to install a pressure sen-
sor in their furnace or in the furnace's
-------
REINVENTING ENVIRONMENTAL PROTECTION
connecting duct to support monitoring activities. Maintaining
these sensors under the high temperatures has always been
extremely difficult. Based on discussions and pilot testing under
CSI, we agreed to an alternative monitoring scheme that over-
comes this operational challenge. We plan to issue a direct final
rule allowing this option in the Spring of 1999.
CSI also led the iron and steel industry to consider how they might work with commu-
nity members to understand and address issues stemming from their operations. This type
of outreach has typically not been done by most mills, yet the industry understood that
many communities did have concerns. One company, Bethlehem Steel, agreed to set up a
special citizens advisory committee. They chose their Burns Harbor facility in Indiana
because of the significant influence the 4,500 square acre facility had on the surrounding
community. The committee features diverse membership with representatives from the
company, unions, environmental groups, and government agencies along with school teach-
ers, local business leaders, and private citizens. In its first 2 years of existence, this group has
worked on issues such as noise, odor, and transportation problems. They've also worked
with the company to control releases from solid waste management units at the site. An
effort has been made to fast track corrective action for a currently unused portion of the
property which adjoins the Indiana National Lakeshore. The group is exploring options for
preserving the area which is home to a heron rookery. Based on the success of this commu-
nity advisory committee, the company is establishing a similar committee for a facility in
Maryland. In so doing, they are setting an example for other companies in their industry
and in other industry sectors.
Computer and Electronics Sector
The computer and electronics sector found a solution to a major solid waste manage-
ment challenge for its industry—how to handle mounting volumes of outdated computer
and electronics equipment. In the past, recycling this equipment ,
has been difficult because the cathode ray tubes used in most dis-
play monitors and televisions typically contain lead. Because of
this content, the components fall under the hazardous waste regu-
lations required by the Resource Conservation and Recovery Act.
This means they must be transported and processed as a haz-
ardous waste. In June, we committed to change this rule so that
the glass can be recovered and reused as raw material in cadiode
ray tube manufacturing. In addition to cutting costs and reducing regulatory burden, this
change will prevent lead releases into the environment. We expect to propose this change in
a rule later in the fall of 1999.
-------
I iii ! iii i i '!
I
j"i "I!" H i™ ij i | I?!1
48 REINVENTING ENVIRONMENTAL PROTECTION
LAYING THE FOUNDATION FOR EFFECTIVE INDUSTRY
PROGRAMS
Much of the conceptual groundwork for the sector-based work conducted through the
Common Sense Initiative came from EPAs Sustainable Industry Program. This program was
established in 1993 to study the feasibility and effectiveness of sector-based approaches to
environmental management. We set out to work in close cooperation with select industry sec-
tors and their respective corporate decision-makers to better understand the reasons why busi-
nesses embrace or resist particular actions to protect the environment. Learning to understand
these "drivers and barriers" enables EPA to work with the industry and other stakeholders to
create policies that can most effectively promote environmental progress. Experience with the
metal finishing, batch chemical, and photo-processing industries has shown that this approach
can create a strong and productive foundation of trust and cooperation.
Our collaboration with the chemical industry in New Jersey, for example, led to several
innovations during 1998, including a first-ever trade of industrial effluent between chemical
companies discharging into the Passaic Valley Sewerage District. The trade will reduce overall
pollutant discharges while allowing companies flexibility to choose the most cost-effective
way to meet local discharge limits. Another outcome is a customer-designed compliance
assistance workshop and Web site for chemical companies, cosponsored by the New Jersey
Department of Environmental Protection.
During 1998, we also began working with additional industries that were identified as
having high potential for better environmental performance through sector-based innova-
tions. EPA analyses of drivers and barriers facing the meat processing, specialty chemical
manufacturing, travel and tourism, shipbuilding, and metal foundry and die casting sectors
will support more pilot testing of new ideas in the coming year.
PROJECT XL OFFERS ALTERNATIVES TO CURRENT
REGULATION
"If you have an idea that offers better results than what would be achieved under current
requirements, then we will work with you and other interested parties to put those ideas to
the test." This unprecedented offer, which EPA made to industry in 1995, is breaking new
ground for environmental regulatory reform. In 1998, we approved innovative tests at two
more companies and a state agency. To date, 10 projects are being tested, and negotiations
on additional proposals are underway with 20 more potential project sponsors.
One innovative project, and the first with a state partner, tests self-certification proce-
dures as an alternative to traditional environmental permitting. In Massachusetts, the
Department of Environmental Protection developed the Environmental Results Program to
streamline permitting and reporting requirements for up to 10,000 small businesses in the
state. This program uses industry-wide performance standards and self-reporting
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REINVENTING ENVIRONMENTAL PROTECTION 49
.EENGINEERING PROJECT
K«*:«&5¥-sf^5l%S»"S?*?'l^^
^^^^^^^^^•^^^'^fv^^^^^^i^''- i«S»
Qa^^^fRCwQriesi .to simplify the. process -
B!S£S?ifeJi-Ma;K*S;te''S;3;?^«S*5&;;:;>:4:CK> """jC! '<•." -'-'-^ O."!-'••»•: •;¥;•:,...-/; :*.
;:Jgpsproying,1nriovative. testing .under Project XL.
i the Administration annoiijiced this prece-,..:
..
spt^sejting/program in Parch i.9:95,._it set;a goal^
"""' ^y'' ^Spjf projects tfiaf'woulcl reveal ways to
;^1>^^^^B^;^;J^s»=^^?1^aw^^^i^:E^ii^c^:^'A:*r®^^
3"fe'fi§fr6!nrnerital reguldtions. But there
[=5ate35?ss^!feg3'aw"*^iWi^
*rtd'lT5;3de,ls to "draw upQn.;AII of the parties
red-^—EPA^tgff, project sponsors, states, and
f^*^^™ji^^^S:fe™pM&^^^ |
holders—Fad to nearri:.by doing." After " .'" •
'f^f-.^^^.ri^--r^^^lj^-f^!^~^^^^S^!^^^TSf--
:e"v5fith projects, the Agency had
l^a^^-^^ll^N^^^'"«"^
Sfaric -cdrtcept, of "what a. guality propos- .
s'|o^ld^coSQlo3^M-lipwrdecisions that affect ._,
^B^feS9^i^SS!wSl»iKg^^^s^^^feS!^^^rrWMp^«!saEafSs9!is;:,;K!i3S4p«i;:3«53iS I
'i:iK;s-arf^ssSSW.K^;is^^®g^^ I
IBaTis now faster, more predictable, and more.
•^i^^^^^^^S^^^^-.^^.^^a^iiii^^^s^'.
'"'"" '""'"''"*• all parties.involved. The.A9e.ncy
i^»,Ksaisss«?^«ffisrBS»«?*^:^^^
rie^. process should allow.agreement
jES^^is^ss»S!SBSPirw*WiS^i(Ssii^^
jedjjp most pro[ects in o months to>a
^iWJS^H^^^^^J^^'^.^^*-^*^^^
I to to months or longer underthe .
__,i«(j!OSjK««s^s?*^s;'^iW:^»<^*^^
cess. Evidence of an: improved .process has ,
^^^*.^^^^^^^l^fe^^^t*l;^F^'^^:<':^^-^^-••?Al*^^^.^^-^
; Been se;en ifri several projects currently
"il'Tr^^^^^'s^i-^^^^S^^^^^'v™ *aV-rfwM-^-j^ii^Ks.^w^^:'^ ft'^tflisiKj; r-»i-
vgJgpTnent ,Jh.e Atlantic, Steel project in
5rtJ^^.^^\V™V.^.V^^^^.^«^ ]
.._. „._, . _ example, is on track/to have
"• •
p'glpro|ectagreement signed oymonths after
"' *pr6.j'e*ct discussions '
?fA ''«.!/.>. I--.-.-..,. •.,. i .•-="-.-•!-,_-•;•. J'-.'!S«™.,-,«"'i,J I
^Wtof*^,^^^!^ I
I
-------
50
REINVENTING ENVIRONMENTAL PROTECTION
"What I see in Project XL is a real
paradigm shift. The old way of doing
business was that government dictates
every move a business must take to
protect the environment. The new sys-
tem, as envisioned by Project XL, is to
work cooperatively and focus on the
results: a cleaner environment; a
faster, less costly system; and more
input from the community."
Gordon Moore, Chairman Emeritus, Intel
equipment to control toxic organic air
pollutants well ahead of what is required
under current Clean Air Act requirements.
As an incentive, we agreed to defer new
controls of toxic organic air emissions
from the facility's hazardous waste surface
impoundments, which are required under
RCRA. The new installation will allow
OSi to eliminate 98 percent (by weight),
or 309,000 pounds, of the toxic organic
compounds from its productions. This
result is better for the environment, as
similar reductions would not be expected
from controlling emissions from the surface impoundments.
USE AND DEVELOPMENT OF NEW ENVIRONMENTAL
TECHNOLOGY
New environmental technologies are another way of improving flexibility in the nations
environmental protection system for they provide more options for how environmental
standards are met. In 1998, we promoted environmental technology use and development
in a number of ways. Through EPA's Small Business Innovation Research Program, we
made awards to small firms for research and development of cutting edge technologies.
Through the Agency's Environmental Technology Verification Program, we conducted inde-
pendent assessments of innovative new environmental technologies, using quality-assured
test data. The results, which are made available to potential purchasers and to regulatory
officials, provide assurance about performance and expand opportunity for use and accep-
tance in the marketplace.
With its Center for Environmental Industry and Technology, EPA's Regional office in
New England has been a particularly strong proponent for new technology. In March, they
cosponsored a conference with the "White House that brought together 500 environmental
and business leaders to discuss barriers facing technology use and development. Throughout
the year, they also sponsored trade shows and award programs to showcase technology
advancements, and through a regional pact, they evaluated new technologies and shared the
results to gain greater acceptance for their use in permitting and other environmental man-
agement situations.
In Chicago, the EPA regional office sponsored a roundtable to promote financial invest-
ments in new environmental technology. Securing the necessary financing can be difficult
for technology developers because investors often don't understand environmental require-
ments or the related market potential. To overcome these challenges, the Agency provided a
-------
REINVENTING ENVIRONMENTAL PROTECTION
51
PROJECT XL SETS A PRECEDENT
IN ENVIRONMENTAL REPORTING
In 1998, parties interested in Intel's environmental
results under Project XL could go to the company's
home page on the Internet. There they could find sim-
ple, easy-to-understand graphs, such as the two
shown below, explaining the environmental perfor-
mance at the company's Chandler, Arizona manufac-
turing plant.
Recognizing the challenges associated with manu-
facturing rapidly developing electronics technology, in
1997 EPA reached agreement with Intel on an innova-"
five strategy to reduce regulatory reviews that have
Solid Waste Recycle
TOO
3.
1999
Year-End Goal
55 Percent
1997
Year-End Goal
40 Percent
hampered the plant from making process changes in
a" quick, timely manner. This was accomplished by
replacing the facility's multiple permits for controlling
air toxics~with a single permit that caps the plants'
total hazardous ajr emissions. The company is allowed
to proceed with operational changes without regulato-
ry review as long as the total emissions stay under this
cap. As part of this arrangement, Intel agreed to
numerous environmental improvements, including
recycling 95 percent of waste water, and cutting solid
waste and hazardous waste by more than 50 percent.
Intel also set a precedent for making environmental
information publicly available. Based on local citizen
concerns, Intel agreed to put all of the facility's envi-
ronmental data up on the Internet so citizens as well
as regulatory officials would be able to rou-
__ -linely monitor progress toward the specified
J^enyirQntpJBnfpj corrtmifraents7 This firet-ever^
H action Vias proven so effective and informa-
_^0^fS-£_-^^ * ^ ^ i
" "five that we have adopted similar reporting
as a requirement for all XL project agree-
*• rpents. This step might help open the door
and gain acceptance for such reporting by
many more companies in the future.
Ql Q2 Q3
Solid Waste Recycle
Q1 -Q31998
Slon-Hazardous Chemical Waste Recycle
100
80
60
40
20
1999
Year-End Goal
50 Percent
1997
Year-End Goal
25 Percent
Ql
Q2
Q3
Non-Hazardous Chemical
Waste Recycle
Ql - Q3 1998
-------
m
: sc?
One outcome of reinventing environmental protection is more flexibility in how
regulated entities comply with environmental regulations. But reinvention does
not alter the imperative to comply. Indeed, a strong enforcement component in
our regulatory system is essential for ensuring that all of our citizens receive equal protec-
tion no matter where they live.
Fortunately, enforcement actions are not a routine occurrence for most businesses and
communities in the United States today. In contrast to the early years of EPA's existence,
most regulated facilities are generally more sophisticated in managing their environmental
responsibilities and are better able to comply with environmental requirements. As a result,
managers and staff are now just as likely to be thinking beyond compliance about higher
performance goals, such as cutting waste, increasing efficiency, and improving overall com-
petitiveness (or in the case of government facilities, saving taxpayer dollars). As these goals
become more common, the Agency is working on new ways to help regulated facilities
achieve them. At the same time, EPA is focused on bringing all facilities into compliance by
offering technical information and assistance, financial support, and regulatory incentives.
SUPPORT FOR ENVIRONMENTAL MANAGEMENT SYSTEMS
Environmental management systems (EMS), are one way for facilities to improve com-
pliance and other measures of performance. These management tools, which apply standard
business principles to environmental decisions, can help an organization boost efficiency
and cut waste. They can help improve worker safety. They also can bring attention to envi-
ronmental matters that are not directly addressed through regulation, such as habitat pro-
tection for wildlife or water and energy use.
EMS use has accelerated since 1996 when the International Organization for
Standardization adopted a standard for EMS evaluation. Commonly referred to as ISO
14001, this internationally recognized standard provides a basis for facilities to gain ISO
certification. This distinctive certification can be especially valuable in a global market
where many companies are beginning to make it a prerequisite for doing business.
-------
54 REINVENTING ENVIRONMENTAL PROTECTION
In 1996, EPA signaled support for EMS use by issuing guidance on EMS development
for federal facilities. In March 1998, we followed this action with a position statement, of
interest to all facilities, public and private, that confirmed the Agency's support for systems
that "help an organization achieve its environmental obligations and broader environmental
performance goals." We committed to promoting use of systems that have these elements
and we encouraged their use as a way of identifying pollution prevention opportunities. In
addition, we encouraged organizations to involve stakeholders in EMS development, and to
make information on EMS performance available to the public and to regulatory agencies.
"We also announced a major, multiyear effort in partnership with states and the University of
North Carolina (UNC) to gather data on EMS results, costs, and benefits. The research will
establish the environmental baseline of participating companies and then look at how the com-
panies perform over time on compliance and other key performance measures. Presendy, facili-
ties with an EMS, including those with ISO 14001 certification, do not receive any regulatory
advantages. But this research is designed to answer questions diat could change that in the
future. Depending on the results, environmental policies might be developed that would offer
regulatory incentives to encourage EMS use. Key questions to be addressed in the study include:
• Environmental performance. Do EMSs improve overall environmental performance,
including unregulated as well as regulated aspects?
• Compliance. Do EMSs improve compliance with legal requirements?
• Pollution prevention. Do EMSs lead to changes in products or processes that reduce pol-
lution beyond what is required by law?
• Environmental conditions. Do EMSs lead to perceptible improvements in the environ-
mental conditions surrounding the facility?
• Costs and benefits to facilities. How expensive are EMSs to set up and maintain? Do
they lead to cost savings or other economic benefits for users?
• Stakeholder confidence. Are stakeholders often involved in the development of EMSs?
Does the existence of an EMS improve public perceptions of the facility?
We provided grants to nine states to establish EMS
projects for study. The states include: Vermont, New
Hampshire, North Carolina, Indiana, Illinois,
Wisconsin, Arizona, California, and Oregon. We are
now working with these states and the UNC
researchers to develop a set of research protocols to
ensure that data gathered is uniform and comparable.
The data will be included in a master database that
will be made publicly available.
-------
REINVENTING "ENVIRONMENTAL. PROTECTION
-55
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ONLINE ASSISTANCE—COMPLIANCE ASSISTANCE
CENTERS
One way to boost compliance is simply by making information readily available so facili-
ties know what is required and how they might improve their performance. The need for
this information is especially critical for local governments and small businesses, many of
which lack the resources to hire technical support staff.
In an effort to provide quick, easy access to information about environmental regulatory
requirements, the Agency opened five new Compliance Assistance Centers on the Internet
-------
56
REINVENTING ENVIRONMENTAL PROTECTION
Welcome to the Virtual CCAR-Green Links Shop
Helping Automotive
Professionals Save Time and
Protect the Environment
Link* 0 • tovke «f (ht Coordinating Committed For
Amamittlvg RtnlUr fCCAl»
p. in 1998. These online centers, open 24 hours a
day, are geared to sectors with lots of small and
medium-sized members, and that have the
potential to cause significant environ-
mental impacts (depending on the
technical processes and practices they
use). Users can request "expert help" to
I answer questions about specific situa-
tions. Or they can reference "virtual
shops" that allow them to click on any
facet of~an illustrated operation to see
what regulations apply.
The five new centers serve the
paints and coatings industry, the print-
ed wiring board sector, the transporta-
tion industry, small and medium-sized chemical
manufacturers, and local government agencies.
With four centers opened in 1997 for the metal
finishing, automotive service and repair, print-
ing, and agricultural sectors, nine are now up
and running.
The decision to open additional centers was
based, in part, on the response the centers have
generated. EPA's Internet statistics showed
1.9 million hits on these centers for the year. This
figure, likely to be much higher next year when
all nine centers are operational, indicates that
information provided in this manner can fill an
important need within the regulated community.
Results from a 1998 survey of users are telling, too. We found that more than 85 percent vis-
ited the centers at least once a month. And more than 80 percent responded that they had
taken certain actions, such as contacting appropriate regulatory agencies or changing the way
they handle waste or emissions, based on new information gained from a center visit.
All of these centers operate in partnership with industry, academic institutions, environ-
mental groups, or federal and state agencies. To ensure help for businesses and communities
that might not have Internet access, the centers also offer service through toll-free phone
lines and fax mail.
"After years of waiting for this
type of resource, I find the
National Metal Finishing
Resource Center to be a valuable
part of our daily business. The
Center provides comprehensive
information on all metal finishing
topics in a timely manner—
instant gratification!"
Larry Zitko, small business owner and
President of ChromeTech, Inc.
-------
REINVENTING .ENVIRONMENTAL PROTECTION
57
ONSITE ASSISTANCE
In addition to offering assistance online, sometimes the Agency offers assistance onsite.
For the most part, states, tribes, or local governments are the primary providers of direct
assistance to the regulated community. EPA views its role as providing tools to support
these providers as well as regulated facilities in their environmental management efforts.
But, sometimes, we see a special need or have an opportunity to get more involved. When
we do so, it's generally done in partnership with the states. Last year, for example, we
worked with the Massachusetts Environmental Agency to improve environmental manage-
ment practices at municipal highway garages. Through these visits, municipalities were
tutored on relevant compliance issues
such as hazardous waste management,
underground injection control, and best
management practices. They were also
given information on pollution-preven-
tion methods that could cut costs and
pollution. In addition to the on-site vis-
its, workshops were conducted on tech-
niques and best practices for managing
motor oil, using alternative parts clean-
ers, and protecting floor drains. Similar
visits and workshops are planned in other
New England states in 1999.
operating
•'ear,'EPA's. Office.ot"the..Smcil!.,Busin.es;s
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office as one of tnie best oufreacrl . .. . ,
I
'rrf the:federal governme.nt. In May, the I
SECTOR "NOTEBOOKS"—
ANOTHER COMPLIANCE
TOOL
EPA has developed other sector-based
tools to aid compliance. Since 1995, we
have published "notebooks" profiling
environmental issues related to 28 major
industry sectors. Written in easy-to-
understand language, the notebooks give
readers a basic understanding of the over-
all compliance history of die industry,
applicable federal laws and requirements,
major production processes and pollution
prevention techniques, die amount and
types of pollution generated, and cooper-
ative programs and others resources for
improving environmental performance.
qn,.
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;: pppjpje 'if "sewe£'-Tfe .qrticle. ?:re^i|s, |P'A's.:
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ean Air Act
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"wfiicB required each federal agency
I
incompliance centers to help small .b.usi-
BW^'«^»Rr'aSft5a6!9*^:^fi!SM*3a3»s!iB:S'aa
with. ..,^
-
ifRts .Sffice, joutin?
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,..,„„ ,., ., , -.,. ... ,... »*atef*W'^»TW*W»«'M3»K»r^3-fflBS«®S^^ I
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!^gji0^,qn.3 offering'a.IpTf-free Rofline.anc' a : -:
' .|e tp^jjroyicje^iregf access foinforrnqftpn.Jn
"fhe/iq'n%^|^l;irooVe:jh'aai..i_P/Bf ~ '
id sent put nearly 39.000"publications in
^s^sf^^^^i^^^Sm^!^!^^^^^^^^i^ff!^^^y^xs!iw
isS.lo'smdll business information requests.
?s
otline
-;ui!i
-------
58
REINVENTING ENVIRONMENTAL PROTECTION
"J'frt
ft
These notebooks improve compliance by providing businesses as well as government and
other interested stakeholders with a better understanding of the key environmental issues
facing individual industry sectors. This common understanding enables all parties to then
work productively towards more environmentally sound management strategies.
Like the compliance assistance centers, the sector notebooks are available online. They
are also available in hard copy with more than 300,000 copies distributed to date.
REGULATORY INCENTIVES
EPA and the states routinely visit facilities to investigate
compliance with environmental requirements, but frequent
investigations at the millions of facilities subject to environ-
mental regulation is simply not feasible. To provide an incen-
tiv6 for regulated entities to rigorously monitor their own
compliance, in 1995 EPA announced a national audit policy
that reduces and, in some cases, eliminates enforcement penal-
ties for companies that take the initiative to identify, report,
and quickly correct violations on their own. By creating an
economic incentive for regulated entities' to take these actions,
the policy enables regulatory officials to target enforcement
resources more strategically for greater environmental and pub-
lic health protection gains.
In 1998, we expanded outreach efforts to call the policy to the attention of industry sec-
tors with the greatest potential for benefit. "We also surveyed users of this policy to find out
how it is working. Eighty-eight percent said they would use the policy again, and 84 per-
cent reported they would recommend it to others.
As of December 1998, 318 companies had conducted audits at 1,668 facilities, up from
247 companies and 760 facilities the year before. As an example of the policy's effect, in
September 1998, we reached a settlement with a real estate firm in Maryland based on vio-
lations of the 1996 Real Estate Notification and Disclosure Rule. This rule requires firms to
disclose information about lead-based paint to new buyers or renters. The firm disclosed
four violations of the disclosure requirements in May after conducting a voluntary self-audit
of 28 apartment complexes. They discovered they had failed to properly disclose the pres-
ence of known lead-based paint to tenants in two apartment complexes. The firm promptly
notified EPA and provided the required notices to its tenants. As a result, we waived a
$10,560 penalty.
Variations of the audit policy have been created to address the environmental compliance
challenges facing certain key sectors. EPA's Final Policy on Compliance Incentives for Small
Business offers penalty waivers or reductions for small businesses that receive compliance
-------
: REINVENTING. ENVIRONMENTAL PROTECTION 59
assistance, conduct self-audits, and then disclose and address any violations by a specified
date. Similarly, the Policy on Flexible State Enforcement Responses to Small Communities
offers the tools and regulatory flexibility that small communities need to come into compli-
ance. It enables them to address their worst compliance problems first through an enforce-
able schedule for achieving compliance with all applicable requirements. A Final
Environmental Management Review Policy for Federal Facilities provides incentives, such as
fewer inspections and possible penalty reductions for civilian agencies that volunteer to have
their environmental management systems evaluated by EPA. And in New England, our
Regional staff manage a special program called CLEAN, which provides enforcement
amnesty for facilities that open their doors to regulatory inspection, and then agree to fix
problems and adopt recommended pollution prevention techniques.
jBusiNESSES HELPING
BUSINESSES IMPROVE
ENVIRONMENTAL PERFORMANCE
;- While, regulated facilities often ne_ed and even
request assistance from regulatory staff to improve
.compliance and environmental performance, compa-
nies can also learn a great deal from each other.
Pne way this can happen is through mentoring,
where companies with environmental expertise share
their knowledge and experience with their peers, sup-
pliers, or customers Recognizing an opportunity to
advance a potential new trend, in 1998 the Agency
provided funding to help create an Institute for
.Corporate Environmental Mentoring This pro|ect is
being launched by the National Environmental
Education and Training Foundation (NEETF), a non-
profit organization established by Congress. The goal
js to link the expertise of corporate environmental
leaders/with the needs of small and medium-sized
companies for cost-effective, workable environmental
fnanagement solutions
; In January, EPA supported NEETF in organizing a
White House conference on Corporate Environmental
.Mentoring More than 100 representatives from mdus-
..Jr^smaiLbusiness, government and_ public interest _
groups were invited to share mentoring information
and experiences on what works and what does not.
Conference participants also discussed the reasons
vyhy companies might be interested in becoming a
^erjfor. Some spoke about the desire to reduce the
"environmental impacts associated with goods or ser- [
vices from their suppliers or customers Others cited ; ^
the opportunity to learn something new by helping r
others solve their environmental problems. And some 1 ~
described their commitment to giving something back t, "*
to the community. As Sam Rowse, President of VeryFine^J^
Products, Inc. stated about his cornpany's willingness t~^
to share its innovative waste-water treatment technolo-J,
gy, "(It) allows the companies to learn in a few days
what it took Veryfine years to develop."
? Following this event, additional prefects were
Launched to support mentoring opportunities With oun
^support, NEETF is developing a mentoring handbook ,'
to guide companies interested or just getting started.
An online mentoring resource center is being set up to
Serve aS a clearinghouse for mentoring information,
and case study evaluations are being conducted to ,
document the environmental and economic results
<"- ^ IF
from mentoring activities Planning also began for a k
special forum that will be held in 1999 to promote
rnentojingjto national industry trade associations,,^ _
-------
'"'Kft
fff a
REINVENTING ENVIRONMENTAL PROTECTION
Another strategy to encourage and reward voluntary compliance is the strategic targeting
of specific geographic, community, or industry sectors for one-time compliance audit pro-
grams, or "CAPs." CAP programs—which make use of the full range of compliance incen-
tives, compliance assistance, arid enforcement tools in EPA's reinvented enforcement and
compliance assurance program—are designed to address specific issues or compliance prob-
lems, and typically include tailored voluntary audit and disclosure incentives for participat-
ing facilities. For example, beginning in 1997 and concluding in 1998, EPA's Regional
office in Chicago encouraged approximately two dozen small steel mills (mini-mills) in the
Midwest to conduct self-audits and disclose any violations discovered. Instead of conduct-
ing immediate inspections in this industry sector, EPA educated the regulated community
and offered a limited-time opportunity for the mini-mills to correct problems prior to
planned EPA follow-up inspections. In this case, 11 of the mini-mills conducted audits, and
several disclosed violations. This approach also was used in 1998 to address adverse water
quality impacts from pork production (see the section on The Clean Water Action Plan in
"More Tailored, Flexible Approaches"). Upcoming CAP programs include an effort to
address compliance problems in the organic chemical sector.
ATTENTION! ATTENTION! EPAs NEW
ENFORCEMENT ALERTS
EPA has long recognized that publicity surrounding enforcement actions can deter non-
compliance by others. In 1998, the Agency moved to take advantage of this effect by pub-
lishing a series of "Enforcement Alerts" which highlight particular requirements through an
actual enforcement case. The information provided can help states identify potential prob-
lems in need of attention. And by raising awareness and explaining how compliance pitfalls
can be avoided, they can help responsible companies stay in compliance and minimize the
risk of an enforcement action. As Rob Adams, Jr. of Adams Technology Systems stated, "As
a consultant, this (Enforcement Alert) is really valuable information for us to have. It makes
our job a lot easier to show our clients what will happen if they don't comply with the regu-
lations and our advice."
FINANCIAL SUPPORT
In some cases, the feasibility of achieving compliance comes down to a basic need—
money. This is especially true in small communities that often don't have the tax base or
financial capital to invest in environmental infrastructure or technology. EPA provides
financial assistance to address a number of environmental needs, typically through grants or
loan programs. Funding for waste-water infrastructure, for example, has been provided ever
since the Clean Water Act was passed in 1972. But this has not been the case for drinking
water. Recognizing die need to help communities provide safe water for their residents, in
-------
REINVENTING ENVIRONMENTAL PROTECTION
61
1996 the Administration supported amendments that were signed
into law establishing the federal governments first ever loan pro-
gram for drinking water improvements. Under the law, EPA pro-
vides funding to the states to set up revolving loan programs so
they can then offer funding to needy communities.
In 1998, EPA approved all state programs for administering
these funds. To date, states have awarded $846 million to improve
drinking water infrastructure in 348 communities. Unlike grants,
which are one-time investments, these funds are designed to sus-
tain a continuous source of capital. While the 1996 amendments
allow loans to be forgiven for communities with very limited
financial capability, most loan recipients repay what they borrow
so that more loans can be offered to other communities.
Having this financial support is essential for raising the quality of drinking water. Across
the country, about 82 percent of health-based violations occur in small community systems.
^ ^~L " I
"pow WELL ARE OUR
PROGRAMS WORKING?
'^f 8
"I*"" This section describes numerous EPA programs
"designed to help regulated facilities improve their
environmental performance, either by achieving or
exceeding compliance with federal environmental
& "-^ Sj
requirements But how well are they working? To
answer this question, EPA's enforcement and compli-
ance assurance office is leading a pioneering effort to
develop more meaningful performance measures This
effort, the National Performance Measures Strategy, is
^(gading to measures that show not only how many
^activities (inspections, enforcement cases, etc) have
peen conducted, but the environmental results of
tRose activities and their effect on compliance
Based on input received in 1997 from many stake
coders, in 1998, the Agency worked with experts to
op the performance measures that could best
\and the public New measures include
iFonmentaJ^and human health improvements from
iforcement and compliance assistance actions, non-
M*~ •"" ~^ ^ * M ^
liance rates for selected sectors, disclosure and
action of violations using EPA compliance mcen-
gj3olicies, timeliness of return to^compliance by
gnificant violators, and recurring or new violations
&m£'%pfa&*J&l?*'t " 8! Jnr WV *~ *"* r-^se^. j* "* K «^ws% fflg
^by significant violators Development and implemen-
^WSS-«B f«^ _ !jr* ^ ' Mtr=^ j^j j^i- ^ ^aA^w. ^s nf ^ *•«
brts are still underway witn the entire set of
measures scheduled to take effect in FY 2000
f- *i}^v. ^tV^ "^ ^ »-^^^-=m ^ <^ ^ ^ -^^^ v?
l^'4ft*Thejse along with traditional measures will help
Dfef^EPA and the public to understand program effective-
Vj?B.ess and how strategies and activities could be modi-
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-------
LESS REGULATORY BURDEN
\ ^t *sr -" a •
f fa
KS.XI
I ike all regulatory agencies, EPA issues rules to implement federal laws. These regu-
lations protect Americans from many risks, and they have led to tremendous
improvements in our quality of life. Making these regulations more efficient, as well as
more effective, has been the objective behind many of our reinvention efforts.
When the Agency adds more flexibility and gives regulated facilities more options in how
they comply, the burden that industries and businesses perceive is diminished. "When we
take advantage of new information management capabilities, such as electronic reporting,
which can eliminate the need for paperwork, it is reduced more. And when we begin to
issue our requirements and guidance documents in simple, easy-to-understand language, we
reduce it even further. The benefit associated with these actions can't always be measured in
quantifiable terms. And yet, for the many individuals who work to ensure compliance with
EPA requirements, the savings of time and money are very real indeed.
The requirements imposed for recordkeeping and reporting have been a focal point for
EPA's burden reduction efforts. Under federal laws, most regulated businesses and commu-
nities are required to report information to EPA (or to states with delegated federal respon-
sibility) or to maintain their own records for regulatory inspection. Without these records,
facilities would be unable to prove, and government would be unable to ensure, compliance
with environmental regulations. These records may include information about:
• air pollution and waste-water emissions
• vehicle and engine emissions
• hazardous waste generation, transportation, and disposal
• oil and hazardous chemical spills
• levels of contaminants in drinking water
Collecting, reporting, and maintaining these records requires someone's time and effort.
This includes the time needed to review EPA instructions, adjust to new requirements, train
employees, and collect, store, review, and report the data. In the most basic sense, the time
associated with these actions is perceived as a "burden" that society carries to ensure
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REINVENTING ENVIRONMENTAL PROJECTION .
63
Jurden Reduction by Statute
I
o
^m v
I4
M
o
~~
111
U
protection under federal environ-
mental laws. This burden is essen-
tial and vital to ensuring protection,
and yet, certain problems can mag-
nify its weight unnecessarily.
The most obvious and common
complaint has been the existence of
outdated, obsolete, or unnecessary
requirements. These requirements
were developed at separate times
over many years as new environ-
mental laws were passed. As a
result, a single facility might face
multiple record-keeping require-
ments under various federal and
state laws and programs. Other
requirements may not reflect the
latest environmental techniques
and technology, making them
obsolete or unnecessary.
In 1995, EPA set a goal of reduc-
ing burden caused by such require-
ments by at least 25 percent, or
25 million hours. Since then, the
Agency has worked steadily to
achieve this goal and in 1998 it was
surpassed. By the end of the year,
we had reduced requirements repre-
senting 26.9 million hours—the equivalent of more than 672,000 workweeks. These reduc-
tions, valued at about $807 million, are essential to improving the nations environmental
protection system, and they have been especially important during a time when new com-
munity right-to-know requirements have come into effect to improve environmental protec-
tion and accountability. Today, the overall burden associated with environmental regulations
is about the same as it was 4 years ago, but it would be considerably higher without the
Agency's concerted effort to rid die system of unnecessary requirements that do not yield
environmental or public health protection benefits.
The reductions made, to date, strengthen our regulatory system and demonstrate the
Agency's commitment to making environmental regulations work more efficiently and
effectively. This section highlights how reductions in recordkeeping and reporting burden
were achieved in many of our programs over the year. But, as mentioned above, it is impor-
tant to realize that many other actions described in this report have reduced burden, too.
Statute
CM (Clean Air Act), CWA (Clean Water Act), RCRA (Resource
Conservation and Recovery Act), TSCA (Toxic Substances
Control Act), FIFRA (Federal, Insecticide, Fungicide, and
Rodenticide Act), EPCRA/TRI (Emergency Planning and
Community Right-to-Know Act/Toxic Release Inventory), OPA
(Oil Pollution Act), CERCLA/SARA (Comprehensive
Environmental Response, Compensation, and. Liability Act;
Superfund Amendments and Reauthorization Act), CZARA
(Coastal Zone Act Reauthorization Amendments), SDWA (Safe
Drinking Water Act), Misc. (routine contractor support, quality
assurance reports, and purchase orders)
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64 REINVENTING ENVIRONMENTAL PROTECTION
A CONSOLIDATED AIR RULE FOR CHEMICAL
MANUFACTURERS
Because most rules are designed to control specific pollutants and processes, they can lead
to confusing and overlapping requirements at the factory level. In 1998, we showed that
combining multiple rules for a specific industry is difficult, but worth the effort. A consoli-
dated air rule the Agency proposed in October for large chemical manufacturers combines
16 existing federal air regulations into one simplified rule. As proposed, this first-ever consol-
idated regulation under the Clean Air Act brings together similar monitoring, reporting and
recordkeeping requirements and eliminates duplicative compliance activities. It is expected to
save the average U.S. chemical plant 1,700 person-hours, or $80,000, annually without
increasing emissions of volatile organic compounds and air toxics. The proposed rule is vol-
untary, giving chemical plant owners the choice to comply with the consolidated rule or con-
tinue complying with existing rules. "We'll be using this rule as a model for potentially
consolidating other rules under the Clean Air Act or other statutes in the future.
A STREAMLINED CERTIFICATION PROCESS FOR
AUTOMOBILE MAKERS
Automobile manufacturers will save an estimated
$55 million each year under a new program to reduce
costs and reporting burdens while also providing clean-
er air for Americans. The program proposed last sum-
mer would streamline the process for certifying that
new passenger cars and trucks meet federal air pollu-
tion emission standards. Under the old requirements, a
large volume manufacturer would typically spend
$8.4 million and 120,000 hours filling out 13,000
pages for certification each year. Under the new pro-
gram, the typical application would be cut by about
7,000 pages slashing time and costs by 60,000 hours and $4.2 million. Instead of brand-
new vehicles or test models, manufacturers would test a subset of customer-owned vehicles.
This change will direct more resources to investigating whether vehicles on the road are
actually in compliance, while giving manufacturers data to produce more durable air emis-
sion control equipment. The proposed regulations are also half as long and easier to read
than those currendy in effect.
HAZARDOUS WASTE MANAGEMENT REFORM
EPA regulations under the Resource Conservation and Recovery Act require companies
to keep track of hazardous wastes from the day they are created to the day they are dis-
posed. These tracking and reporting requirements have helped to significantly reduce
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REINVENTING ENVIRONMENTAL PROJECTION
65
mishandling and dumping of dangerous wastes. But, over the years, EPA has recognized
that some requirements are not flexible enough when businesses or regulators put them into
practice. These requirements might inadvertently discourage recycling, increase disposal
costs, and make cleanup efforts more difficult. In 1998, the Agency addressed problems in
the hazardous waste management program in the following ways:
• In April, EPA issued a final rule establishing treatment standards for land disposal of
hazardous waste that make it easier for mineral processors to recycle their waste. The rule
eliminated hazardous waste treatment requirements for wastes that are legitimately recy-
cled and kept off the land prior to recycling. The rule also changed treatment standards
for soil contaminated with hazardous waste. The new standards will make it easier and
cheaper to cleanup sites, by allowing land disposal rather than incineration in more cir-
cumstances. To further facilitate land disposal, it allows risk-based variances to be grant-
ed for contaminated soils that might not otherwise meet the new standard. In July, we
hosted a roundtable to begin discussions about other ways to improve land disposal of
hazardous wastes.
• In June, we announced a new regulation to reduce disposal costs and increase flexibility
in managing products that contain polychlorinated biphenyls, or PCBs. PCBs were
widely used as insulating material in electrical transformers and capacitors and other
products prior to 1979, when their manufacture was banned because of health concerns.
PCBs are still present in some equipment, however, and they can be generated as a
byproduct of some manufacturing processes. The new rule made common sense changes
to the 20-year-old PCB program that could produce savings of between $178 million
and $736 million each year. For example, it created new disposal options for industries
and others sources with large volumes of PCB wastes. It eliminated redundancies in fed-
eral permitting requirements. The rule also eliminates the permits previously required for
small-scale testing of new PCB disposal technologies.
• A new EPA regulation issued in October makes it faster and easier to close hazardous
waste disposal facilities. Under the old rule, a permit was needed whenever a facility was
closed. The new rule gives EPA and states flexibility to either issue the post-closure per-
mit or to impose the same regulatory requirements in an enforceable document. This
flexibility eliminates the lengthy permitting process for facilities who are already subject
to enforcement action. The new rule also eliminated dual requirements that made it dif-
ficult to clean up contamination at hazardous waste disposal facilities. Previously, solid
waste and hazardous waste disposal units at the same facility were governed by separate
and conflicting closure requirements. Under the new rule, EPA can develop site-specific
closure and ground-water protection strategies, and under certain circumstances, site-
specific requirements that protect the facility owner from future financial liability.
• Another rule issued in November also facilitates hazardous waste cleanup. The rule
makes it easier for facilities to obtain permits for treating, storing, and disposing of
cleanup wastes, and it gives facilities more flexibility by allowing diem to temporarily
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66 REINVENTING ENVIRONMENTAL PROTECTION
store contaminated soils during cleanup activities. Administrative changes also make it
faster and easier for states to receive EPA approval when they update their hazardous
waste management programs to incorporate new federal requirements.
SPECIAL HELP ON DRINKING WATER FOR SMALL
COMMUNITIES
Like small businesses, small communities might also face special challenges meeting feder-
al requirements. In August, EPA announced changes to make it more affordable for smaller
water systems to meet federal drinking water standards. These changes, aimed at systems
serving less than 10,000 people, were made based on the 1996 amendments to the Safe
Drinking "Water Act. They include a list of technologies that will
offer, for the first time ever, alternatives to help small systems assure
compliance. In the past, small systems have been required to use
the same technologies as their larger counterparts. As a result, they
have not been able to purchase and install some of the less expen-
sive, readily available technologies.
The rule also allows exemptions that would enable small sys-
tems to request more time to achieve compliance. Finally, the rule
establishes regulatory procedures by which variances from required
standards could be approved in the future. These variances could
be needed for a variety of reasons. For example, the technologies
required to achieve compliance with drinking water standards are
based on the need to guard against specific contaminants. Yet, in some cases, a system
might face multiple contaminants, complicating the selection of an affordable technology.
Having regulatory procedures that allow variances for these and similar circumstances is an
important part of a balanced and practical program to protect public health. Overall, the
common sense changes made to the drinking water rules should create more practical,
workable alternatives for small systems.
STREAMLINING REGISTRATION ACTIVITIES FOR Low-
Rtsi< PESTICIDES
Before any new pesticide or new use of an existing pesticide becomes available in the
commercial marketplace, it goes through a thorough EPA review and approval process.
Every year EPA receives thousands of applications from companies that want to register or
change products. Since 1995, we have been working to make this process faster and easier
while still providing strong protection for public health and the environment. One way diis
has been accomplished is by offering self-certification procedures that allow companies to
proceed with certain activities as long as they notify the Agency first. This option, which
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REINVENTING ENVIRONMENTAL PROTECTION
67
includes random audits by EPA to ensure the process is working properly, helps applicants
avoid unnecessary paperwork and delays waiting for EPA review.
In January 1998, EPA established a self-certification process that enables companies to
satisfy data requirements related to product chemistry. More than 2,000 submissions of
product chemistry data come to the Agency for review every year. Some data merits careful
regulatory review, but simple determinations of physical and chemical properties, such as
product color, odorv or pH, can now be handled more quickly and efficiently through a
self-certification process.
In October, a streamlined process related to another registration activity-—product
labeling—was expanded. Now companies can make more types of minor changes on their
labels by simply notifying the Agency first. Since this option was originally offered, the
number of minor labeling changes handled in this manner has doubled. The types of
actions described here save time and resources for pesticide companies. They do the same
for EPA, enabling Agency staff to focus more attention on the pesticide registration issues
that have the greatest potential for reducing risks.
ELIMINATING BARRIERS THAT DISCOURAGE REMOVAL OF
LEAD-BASED PAINT
One action to reduce regulatory burden should also produce significant benefits for chil-
drens' health. In December, die Agency proposed new standards that would make it easier
and less costly to remove and dispose of lead-based debris in nonhazardous waste landfills.
We found that the cost of disposing of this material as a hazardous waste under the
Resource Conservation and Recovery Act had actually slowed down efforts to eliminate
lead-based paint by deterring families from reducing lead exposure in their home. Lead poi-
soning can be very harmful to young children, causing effects ranging from hyperactivity
and learning disabilities to paralysis, convulsions, and even death. Studies showed that the
disposal of lead-based debris in nonhazardous landfills would not pose a significant threat
to human health and the environment. The proposed standards, which provide a less expen-
sive disposal option, are meant to encourage paint removal, protecting children from expo-
sure to contaminated dust, paint chips, and deteriorating paint in older buildings.
MORE STATE MANAGEMENT OPTIONS FOR CONTROLLING
AIR Toxics
Many requirements that contribute to die regulatory burden imposed by federal regula-
tions fall on our regulatory partners in state and local governments. To reduce their burden,
we are making it easier for state and local agencies to assume direct responsibility for envi-
ronmental programs. Under the Clean Air Act, for example, states and localities may replace
-------
68
REINVENTING ENVIRONMENTAL PROTECTION
federal rules for controlling toxic air pollution with their own regulations, as long as their
requirements are at least as stringent. In December, the Agency proposed changes to give
states more flexibility in making this demonstration. One provision would allow us to
approve portions of local programs, instead of only accepting or rejecting the entire pro-
gram. Another would allow us to consider state and local rules as a whole, rather than on a
word-for-word basis, when determining equivalency. The proposed changes would also
reduce burdens on industry by eliminating overlapping federal and state requirements, and
by saving time and costs involved in permitting and enforcement actions.
WRITING REGULATIONS PEOPLE CAN UNDERSTAND
One of the simplest and most basic actions we can take to reduce real—and
perceived—regulatory burden is to make environmental regulations easier to understand.
Difficulty understanding complex, confusing requirements has been a longstanding criti-
cism of federal agencies including EPA. As part of Vice President Gore's efforts to reinvent
government, writing in plain language—with the final customer in mind—became a high-
er priority in 1998.
In June, die White House issued a plain language directive requiring all agencies to use
plain language standards in all correspondence and communication products by October 1,
1998, and in all regulations by January 1, 1999. (An exception was made for regulations
that were already proposed prior to that date).
At EPA, we had a head start on this new requirement. The Agency began a pilot pro-
gram to write regulations in plain language in 1997. As a result, last year we issued several
regulations using simpler formats and plainer language than ever before. As the box on the
next page shows, a plain language rule was issued under the Safe Drinking Water Act
explaining what gas station owners, industrial facilities, and others operating underground
injection wells must do to ensure drinking water protection. Another explains what facilities
must do in chemical emergency response situations. While these were part of the pilot pro-
ject, others were a result of the increased emphasis that is being given to plain language
throughout the Agency. EPA staff understand tliat regulations that can be understood are
the ones that will bring compliance and, ultimately, environmental improvement. As Tom
Murawski states in his standard training text, Writing Readable Regulations, "Done well, reg-
ulations help readers find requirements quickly and understand them easily. ...Done well,
they boost compliance, strengthen enforcement, and cut down on mistakes, phone calls,
and litigation. Everyone gains from readable regulations."
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REINVENTING ENVIRONMENTAL PROTECTION.
.69
THE PLAIN LANGUAGE EFFECT
j,
Provisions from a rule proposed in July for owners and operators of Class V injection wells show how much
simpler and easier to understand the environmental regulations of tomorrow might be.
DEFINITION OF CLASS INJECTION WEILS
§ 144.80 What is a Class V Injection Well?
[Paragraphs (a)-(d) describe the first four classes of
injection wells.]
(e) Class V wells include all other injection wells
that do not fit one of the classes listed above.
Typically, Class V wells are shallow wells used to
place a variety of fluids directly below the land sur-
face. However, if the fluids you place in the ground
qualify as a hazardous waste under the Resource
Conservation and Recovery Act (RCRA), your well is
either a Class I or Class IV well, not a Class V well.
Specific types of Class V wells are described in
§ 1.44.81.
§ 144,81 Does this subpart appjy to me?
.Jhis.subparf applies to you if you own or'operate
one of the following well types, all of which qualify
as Class V wells:
(a) Motor vehicle waste disposal wells receive or
have received fluids from vehicular repair or mainte-
nance activities, such as an auto body repair shop,
automotive repair shop, new and used car dealer-
ship, specialty repair shop (e.g., transmission and
muffler repair shop), or .any facility that does any
vehicular repair work...
REQUIREMENTS FOR ALL CLASS V
INJECTION WELLS
§ 144.82 What must I do to protect under-
ground sources of drinking water?
If you own or operate any type of Class V well list-
ed above, the regulations below require that you
cannot allow moverneatof injection fluids into under-
ground sources of drinking water that might cause
endangerment, you must properly close your well
when you are through using it, you must comply with
other federal Underground Injection Control (UIC)
requirements in 40 (CFR) parts 144 through 147,
and you must comply with any other measures
required by your state or EPA Regional Office. You
also must submit basic information qbout your well, ,
as described in § 144.83.
'(a) Prohibition of fluid movement...
(b) Closure requirements...
fc) Ofher requirements In parts 144 through 147...
(d) Other State or EPA requirements...
§ 144.83 Do I need to notify anyone about
my well?
Yes, you need to provide basic "inventory informa-
tfon" about your well, if you haven't already. You also
need to provide any other information that your UIC
Program Director requests in accordance with the
'provisions'of the UIC regulations.
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i1 • t1 '''i"i"ji i* v ij aniii ,i '" ii iiillhin ii11 i i r; «i'i 'tiiiiii • pi i: viiiiiiiiiSiiiiiJiji ;; infill i HI, ;i|!:''| pph, iiiginjijii iii!iii|,iii iiikiii!iiiinl|iri|iiiifci;' i:its:iLni»i:i:1iiii'pl,, >«,»'! i
70 REI>4\SENT1NG ENVIRONMENTAL PROTECTION
E
) K] (Cofc
'isnta**" fc. "W ""**asw^' fc»«««««rf
.
PA's focus on reinventing its environmental and public health protection programs is
producing meaningful results. What began' as a tightly focused agenda of about 40 pro-
jects in 1995 has expanded into a much broader-based effort that enables*us to pursue
national environmental goals, such as clean air and clean water, more efficiently arid effectively.
I >*&-. ' .' -i
When we began 4 years ago, the Agency collected extensive environmental data, and yet,
• , : ' ^ '•"''/
we did not routinely offer that information in forms that people could easily access or
understand. There were regulations in effect that had become obsolete or unnecessary and
were not really improving environmental or public health protection. The Agency was just
beginning to introduce market-based approaches, such as pollution trading, into our regula-
tions. And we were just beginning to recognize how significant and beneficial voluntary
environmental initiatives could be. ;
Steady progress has been made in these and other areas each year since then, and 1998
was no exception. During the year, Administrator Browner made several strategic decisions
that will have long term implications for the way EPA does business.: Based on her resolve
to improve environmental information, the Agency began setting up a new information
office, the first in EPA's history. This decision came at a critical time when public demand
for environmental information is increasing—the Agency's Web site now receives more than
40 million hits a month. Based on the lessons learned through the Common Sense
Initiative, she also committed the Agency to improve the way we work with industrial sec-
tors and other stakeholders.
Along with these commitments, EPA also acted to improve some of its most well-established
programs. Reforming a 20-year-old program for managing PGBs, consolidating 16 federal air
requirements into a single rule for large chemical manufacturers, and surpassing our goal of cut-
ting regulatory burden by 25 million hours were all the results of reinvention commitments first
made in 1995. This same level of perseverance will continue in 1999.
As the Agency pursues new opportunities to advance environmental and public health
protection capabilities, we will also be looking for ways to make current reinvention initia-
tives even more productive. With funds earmarked by Congress, in May we awarded a
$2 million contract to the National Academy of Public Administration to evaluate some of
our highest priority reinvention initiatives. Over time, results from their evaluation and
EPA's own internal evaluation efforts should prove informative, enabling us to better under-
stand what is working and what is not, so we can adjust Agency actions accordingly.
Testing, evaluating, and then applying what we learn is what reinvention is all about. It
encourages steady, progressive change in our environmental and public health protection
system. But it does so based on the merits of proven strategies, without jeopardizing the sig-
nificant gains made over the past. ,, "
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'REINVENTING ENVIRONMENTAL PROTECTION
71
: APPENDIX: STATUS OF EB\
•REINVENTION PROJECTS
EPA's reinvention activities have increased and evolved considerably since the initial "Reinventing
Environmental Protection" agenda was launched in March 1995. The following matrix provides a brief
description and status of the initial reinvention projects^—with distinction for the 25 highest priority projects.
It does not reflect the full range of EPA's reinvention activity nor all of the projects featured in this report.
Initial "List A" (High-Priority) Projects
PROJECT DESCRIPTION
STATUS
• Open-market air emission trading
For smog-creating pollutants, establish an open
market for trading emission credits, with account-
ability for quantified results, and encourage new
trading options.
Proposed open market emissions trading policy
August 1995.
Final guidance combined with broader guidance on
trading forthcoming in June 1999 (Economic
Incentive Program Guidance).
Offered flexible trading options to states for achiev-
ing compliance with federal air quality requirements
for smog.
Effluent trading in watersheds
Promote use of effluent trading to achieve water
quality standards—e.g., establish a framework for
different types of trading, issue policy guidance for
permit writers, and provide technical assistance.
Final policy on effluent trading issued in 1995.
Draft framework ("how to" guidance) published in
1996. Extensive stakeholder input being sought and
evaluated before a final framework is issued.
Numerous pilot projects in progress around the
United States.
Refocus RCRA on high-risk wastes
Reform hazardous waste regulation so that low-risk
wastes are exempted from hazardous waste require-
ments, and states have greater latitude to design
management requirements for low-risk, high-
volume wastes from cleanup operations.
Final rule issued in October 1998 simplifies closure
of hazardous waste management disposal facilities.
Final rule issued in November 1998 reforms haz-
ardous waste management requirements for remedi-
ation wastes to promote better and faster cleanups.
Proposed rule December 1998 to shift regulation of
lead-based paint debris from RCRA to TSCA to
make it easier to remove lead-based paint.
Forthcoming proposed rule revising the definition
of hazardous waste to remove stringent require-
ments for low-risk wastes: October 1999.
*Note: The original March 1995 agenda included 39 projects. Only 38 projects are listed .here because 2 projects (alternative strate-
gies for facilities arid alternative strategies for sectors) were incorporated intp Project XL.
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I ' . »1. 1' '
REINVENTING ENVIRONMENTAL PROTECTION
Jl
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¥ j * ii ihrJi
Focus drinking water standard setting on highest
health risks
Establish a risk-based approach to regulatory devel-
opment, and tailor drinking water monitoring
requirements to reflect local contaminant threats.
Expand use of risk assessment hi local
communities
Promote risk-based decision-making at the local
and regional level by providing citizen access to
appropriate tools, resources, and information.
Flexible funding for states and tribes
Provide an option for state and tribal governments
to combine dieir existing grant funds to reduce
administrative burdens and to improve environ-
mental performance by allowing states and tribes to
target funds to dieir high-priority environmental
problems.
Sustainable development challenge grants
Offer competitive action grants to encourage place-
based/community-based management that com-
bines environmental protection, economic vitality,
and community well-being.
Successfully worked with Congress to revise former
statutory requirement that EPA regulate 25 conta-
minants annually into a more flexible mandate that
allows EPA to set regulatory priorities based on
health risks.
Published ANPRN July 1997 to initiate process of
streamlining drinking water monitoring require-
ments for 64 chemical contaminants.
Finalized guidelines August 1997 on additional
monitoring flexibility for states.
Held stakeholder meetings April 1998 and January
1999 to discuss data received and alternatives for
proceeding with the monitoring revisions proposed
in July 1997 ANPRN.
Developed online Green Communities Tool Kit to
provide guidance on community planning and
environmental priority setting.
Provided technical assistance during 1995-97 to
more than 20 communities on risk-based priority
setting, use of environmental indicators, communi-
ty planning, and consensus building.
Since 1995, promoted risk-based decision-making
at local level through cooperative agreements with
the National Governors Association and the
International City/County Managers Association.
Developed National Environmental Performance
Partnership System (NEPPS) in 1996 to improve
collaboration and coordination between EPA and
states.
By end of FY 1998, signed performance partnership
agreements with 33 states and approved 43 perfor-
mance partnership grants (PPGs).
Forthcoming proposed regulations on PPGs and
other grants to states: March 1999.
Piloted Sustainable Development Challenge Grant
(SDCG) Program in 1996 with 10 grants to com-
munities, totalling $500,000.
In 1998, expanded program by awarding 45 grants
to communities, totalling $5 million.
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REINVENTING ENVIRONMENTAL PROTECTION
73
Regulatory negotiation and consensus-based
rulemaking
Review all rules to identify candidates for negotiated
rulemaking—a process that involves all stakeholders
in developing agreement on how best to regulate.
Use the Common Sense Initiative (CSI) process as a
vehicle for identifying regulations that may be devel-
oped through negotiation and consensus.
Continued monitoring of EPAs regulatory agenda
for upcoming candidates for negotiated rulemakings.
Through CSI, negotiated agreement with metal fin-
ishing industry that resulted in January 1998
launch of new Strategic Goals Program—will
reduce pollution below what is required under cur-
rent law. In November 1998, reached voluntary
agreement with National Pork Producers Council to
improve runoff control from pork production
operations.
Developed Agencywide Stakeholder Involvement
Action Plan in 1998 to improve stakeholder partici-
pation in processes ranging from consensus-based
rulemaking to information sharing.
25 percent reduction in paperwork
Reduce existing reporting and recordkeeping bur-
den hours by 25 percent, beginning with local gov-
ernments and small businesses. Initiatives already
underway include expanded use of electronic
reporting and recordkeeping.
Exceeded initial 25-percent reduction target. Cut
reporting and recordkeeping burden by 26.9 mil-
lion hours by December 1998.
One-stop reporting
Create a consolidated system for environmental
reporting. Initiate as a pilot program in coordina-
tion with the states before applying more broadly.
Established "One-Stop" reporting program in 1995
to support state information reform projects.
In 1996, 1997, and 1998, awarded "one-stop"
grants of $500,000 each to a total of 21 states (to
MA, MO, NJ, UT, and WA in 1996; to PA, WV,
GA, MI, MN, NM, OR, andTX in 1997; and to
AZ, FL, IN, MD, OK, NH, NY, and WL in 1998).
In 1997, launched Reinventing Environmental
Information (REI), a broad information reform ini-
tiative that incorporates "One-Stop" program goals
for establishing common data standards, imple-
menting electronic reporting, and reengineering the
Agency's national information systems in collabora-
tion with the states.
• Consolidated federal air rules
"Work with key industries, beginning with the
chemical industry, to streamline federal air compli-
ance requirements.
Proposed rule in October 1998 consolidating and
simplifying 16 different air-emission rules for the
synthetic organic chemical industry.
Forthcoming final rule: fall 1999.
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REINVENTING ENVIRONMENTAL PROTECTION
Risk-based enforcement
Target enforcement actions against significant viola-
tions that present the greatest risks to human health
and the environment. Develop tools that allow
analysis of risk as well as patterns of violations
among corporations and facilities within a particu-
lar sector. Make results publicly available.
In May 1998, published online sector-facility
indices for five industries, making compliance histo-
ry and environmental performance information
publicly available on a facility or sector basis.
Tested/evaluated various methodologies for utility
in risk-based enforcement, including environmen-
tal indicators model. Also working with EPA's
Science Advisory Board on ways to advance risk-
based enforcement.
Compliance incentives for small businesses and
communities
Provide compliance assistance, without fear of
fines and penalties, to responsible small businesses
and small communities who volunteer to comply
with environmental regulations. Allow up to 180
days for small businesses to correct violations iden-
tified through federal or state technical assistance
programs. Provide similar compliance assistance
for small communities.
EPA policy issued in 1995 encourages states to
give small communities the tools and flexibility
they need to achieve compliance on a sensible
schedule and with penalty reductions.
Policy issued in May 1996 offers small businesses
penalty reductions or waivers if they conduct envi-
ronmental audits, and agree to correct by a specific
date any violations discovered in the process.
Offered technical assistance and grant funding for
compliance assistance and training to states com-
mitted to helping communities. Grants to SD in
1996, and to MO and WA in 1997.
Issued March 1998 report on impact of compli-
ance incentives/compliance assistance on small
businesses and communities.
• Small business compliance assistance centers
Establish national customer centers for six small
business sectors that face multiple environmental
requirements. The centers should provide up-to-
date, easily accessible and understandable compli-
ance and pollution prevention information.
With five new centers opened in 1998, nine online
centers now serve eight business sectors—metal fin-
ishing, automotive service and repair, printing,
printed wiring board, agriculture, paints and coat-
ings, transportation, and small and medium-sized
chemical manufacturers—and local governments.
• Incentives for auditing disclosure and correction
To reward responsible companies and eliminate
costly litigation and red tape, provide incentives
through reduced penalties for companies that dis-
close and promptly correct violations—except for
criminal violations, imminent and substantial
endangerment, or repeat violations.
Issued policy in January 1996 providing incentives
for companies to conduct self-audits and to dis-
close and correct violations.
As of December 1998, 318 companies had con-
ducted audits at over 1,668 facilities nationwide.
Customized compliance assurance programs—
each designed to promote use of the audit policy
by a specific sector—being implemented for sever-
al sectors.
EPA study findings on the results of the audit pol-
icy to be published in 1999.
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REINVENTING ENVIRONMENTAL PROTECTION
75
Self certification
Develop a self-certification program to handle
low-risk pesticide registration activities, and then
expand self-certification into other appropriate
program areas.
Issued final rule in 1996 allowing registrants to
submit a simple notification to EPA before mak-
ing minor label changes (rather than applying for
an amended registration).
Expanded notification process in October 1998 to
allow registrants to make more types of minor
labeling changes by notification.
Self-certification process established in January
1998 allowing registrants to satisfy certain product
chemistry data requirements for registration by
submitting a simple certification notice to EPA.
Public electronic access
Make information from all EPA programs avail-
able through Internet and other electronic means
that Americans and local organizations can access
in their homes, schools, and libraries.
Redesigned EPA Web site to facil-
itate public access to environmental information.
As of December 1998, EPA Web site receiving
more that 40 million hits each month.
Center for Environmental Information and
Statistics
Establish a new Agencywide center charged with
assessing, consolidating, and disseminating envi-
ronmental information.
• Launched online Center for Environmental
Information and Statistics (CEIS) in August 1998.
Project XL
Manage Project XL to provide a limited number
of responsible companies a structured opportunity
to develop and employ an alternative environmen-
tal strategy, replacing the requirements of the cur-
rent system if certain conditions are met.
Approved 3 projects in 1998, bringing total num-
ber of final project agreements to 10.
Twenty projects in development stage.
• Alternative strategies for communities
Join with states and communities to conduct pilot
projects that will demonstrate and assess the merits
of community-designed and directed strategies for
achieving environmental and economic goals. The
pilots will be undertaken with communities seek-
ing innovative alternatives to current approaches
and those grappling with limited ability to meet
current regulatory requirements.
Project XL for Communities: Five projects
presently under development or negotiation.
Promoting community-based environmental pro-
tection (CBEP) through the EPA regions. Also
developing "capacity-building" tools for CBEP
practitioners in communities, states, and EPA
regions. These include: environmental information
and monitoring systems; guidance on socio-
economic analysis; and technical assistance.
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76
REINVENTING ENVIRONMENTAL PROTECTION
• Alternative strategies for agencies
Starting with a pilot project focusing on two to
four Defense Dept. (DoD) facilities, work with
other federal agencies having environmental
responsibilities to ensure that these federal pro-
grams achieve results in the most cost-effective
ways, while eliminating needless bureaucratic pro-
cedures. Develop a memorandum of understanding
with DoD defining performance goals and an opti-
mal approach for achieving them. The approach
agreed upon must combine pollution prevention,
compliance, and technology research projects.
Signed Memorandum of Understanding with
DoD in 1996 to implement specified performance
goals and approaches to achieve them.
Approved alternative strategy under Project XL at
DoD s Vandenberg Air Force Base in Santa
Barbara, California, in November 1997.
Three additional projects under development:
Elmendorf AFB, Puget Sound Naval Shipyard,
and Mayport Naval Station.
Third-party audits for industry compliance
As one approach for streamlining compliance over-
sight, explore the use of independent, certified, pri-
vate-sector firms to audit industry environmental
performance. The Environmental Leadership pilot
program—with input from environmental groups,
industry, and states—will evaluate criteria for third-
party audits that will assure the public that envi-
ronmental requirements are being met, and any
violations disclosed are promptly corrected.
Tested third-party auditing at several facilities as
part of nationwide Environmental Leadership
Program pilot for industrial and federal facilities.
Testing third-party audit certifications process
through Star Track Program in EPA's New
England office.
Multimedia permitting
Evaluate as a mechanism for addressing all releases
at a facility through a single permit and encourag-
ing facilities to pursue performance-based
approaches.
Project completed: Issued report, Multimedia
Pollution Prevention Permitting Project (EPA 902-
R-97-003), in 1997 summarizing state multimedia
permitting efforts and giving recommendations on
ways to promote the multi-media approach.
• Design for die Environment—"Green
Chemistry Challenge"
Joindy sponsor, with the chemical industry, a pro-
gram to recognize and promote innovative chemi-
cal technologies that further pollution prevention
in industry.
Established Presidential Green Chemistry Award
program in partnership with the American
Chemical Society, the Council for Chemical
Research, the National Research Council, and
stakeholder groups.
Made five awards in 1996, five in 1997, and six in
1998 to academic institutions, small businesses,
and the chemical industry.
Nominations for 1999 awards received from acad-
emic institutions and from companies in numer-
ous industrial sectors across the United States.
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-REINVENTING ENVIRONMENTAL PROTECTION
77
Initial "List B" Projects (Other Significant Actions)
PROJECT DESCRIPTION
STATUS
Facilitywide air emissions
Conduct demonstrations of facilitywide limits for
air emissions that allow companies increased man-
agement flexibility to use least-cost control options
to meet air permit requirements.
Total of 12 demonstration projects at industrial
sites around the country: 8 active, 4 completed or
close to completion.
Draft guidance forthcoming—based on lessons
learned from demonstration projects—on facility-
wide permitting for air emissions: June 1999.
Flexibility in meeting effluent discharge
deadlines
Propose targeted Clean Water Act revisions to
extend compliance schedules for industrial waste-
water treatment standards for companies that
apply innovative treatment approaches that pre-
vent pollution.
• Crafted proposed amendments to Clean Water Act
(CWA) that include incentives for pollution pre-
vention.
• Further action contingent on Congressional reau-
thorization of CWA.
• Eliminate millions of storm-water permit
applications
Work with stakeholders to develop a risk-based
approach to storm-water management by limiting
individual permits to only those sources that are
known to contribute to water quality impairment.
Consulted extensively with small businesses and
other stakeholders on storm-water permit issues.
Proposed rule in January 1998 to cut requirements
for 7 million sites, including many small munici-
palities and 70,000 "no exposure" facilities.
Forthcoming final rule: October 1999.
• Exempt low-risk pesticides and toxic chemicals
from regulation
Exempt low-risk active ingredients from pesticide
regulation. Propose a similar exemption for low-
risk chemicals under TSCA, for which manufac-
turers must now submit premanufacturing notices.
Issued final rule in March 1996 exempting
31 low-risk pesticides from regulation as active
ingredients.
Forthcoming notice clarifying issues related to pre-
vious exemptions: mid-1999.
Issued final rule in March 1995 eliminating TSCA
premanufacturing notification requirement for
polymers that meet particular low-risk criteria.
Environmental forecasting to anticipate future
environmental problems
Establish a program to help identify and character-
ize emerging environmental problems, taking
guidance from a new report by the EPA Science
Advisory Board (Beyond the Horizon: Using
Foresight to Protect the Environmental Future,
1995).
Series of meetings/workshops held by EPA's
Science Advisory Board to explore various meth-
ods for projecting future environmental risks.
Participated in three international meetings (April
1997, February 1998, and January 1999) con-
vened by the G-8 countries' Environment
Ministries to discuss transnational environmental
forecasting issues.
Participating in a 3-year project on the future of
the North American Environment, coordinated by
the Commission for Environmental Cooperation
under NAFTA.
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REINVENTING ENVIRONMENTAL PROTECTION
State and tribal flexibility for municipal landfill
permits
Encourage states and tribes to implement a flexi-
ble, performance-based approach for permitting
municipal landfills by proposing clear criteria for
state and tribal programs that are consistent with
that approach.
Issued draft guidance in August 1997 on site-
specific flexibility for municipal solid waste land-
fills in Indian Country.
Issued final rule in October 1998 giving states
flexibility to run performance-based programs for
permitting municipal landfills.
Save billions on PCB disposal
Revise PCB disposal regulations to reduce the
number of permits required, eliminate duplicative
state and federal controls, and give states and the
regulated community flexibility to choose less
expensive disposal methods as appropriate.
Proposed rule in December 1994 to amend PCB
disposal regulations so as to allow the use of less
expensive PCB disposal alternatives where appro-
priate.
Final rule issued in June 1998 gives states and reg-
ulated community more flexibility in choosing
PCB disposal methods.
Simplify air permit revision requirements
Develop a streamlined process for revising air qual-
ity permits that allows states to build on their exist-
ing programs and avoid unnecessary regulations.
Proposed rule in May 1997 streamlining revision
process for air permits.
Forthcoming draft final rule reflecting discussions
with stakeholders: mid-1999.
• Simplify review of new air pollution sources
Streamline EPA's new source review process to
provide more flexibility, reduce the number of
industry activities subject to major review as new
sources, reduce permit review times, and create
incentives for use of innovative technologies.
Proposed rule in July 1996 to streamline review of
new air pollution sources and encourage technolo-
gy innovations.
Forthcoming final rule reforming EPA's New
Source Review program: December 1999.
Simplify water permit paperwork
Reduce paperwork burdens for municipalities and
businesses by simplifying the permit application
forms for water discharges.
Proposed rule in December 1995 simplifying
water permit paperwork for municipalities.
Forthcoming final rule simplifying permit applica-
tion forms for municipalities: Spring 1999.
Proposed rule to allow electronic data transmission
for NPDES permits: Spring 1999.
Streamlining RCRA corrective action proce-
dures
Promote "faster, better" cleanups under RCRA by
responding to a number of promising ideas identi-
fied through discussions with outside stakeholders,
such as reducing government oversight and expe-
diting use of interim protective measures.
RCRA Cleanup Initiative to promote flexible, per-
formance-based corrective action through aggres-
sive outreach, guidance, and training: details
forthcoming spring 1999.
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REINVENTING ENVIRONMENTAL PROJECTION, „,
79
Flexible compliance agreements for specific
industries
Develop experimental EPA/Industry Compliance
Agreements to allow companies to voluntarily dis-
close violations and correct them in a timely man-
ner in exchange for reduced penalties.
Flexible compliance assurance agreements developed
with several industry sectors, including pork pro-
ducers (reduced civil penalties in return for having
Clean Water Act compliance audits by certified
inspectors); natural gas processors (financial liability
capped for 62 companies that self-disclosed not
having metTSCA reporting requirements); the
chemical industry ($1 million liability limit for
89 companies that disclosed chemical exposure and
incident reports); and the food sector (no more
than $2,000 financial liability for 170 companies
that failed to provide right-to-know data to local
emergency response personnel).
Independent study on collecting and using
information more effectively
Commission a study on ways to improve data col-
lection and management at EPA, and use the
study recommendations in designing a center for
environmental information and statistics.
Study completed: Center for Environmental
Information and Statistics (CEIS) launched
August 1998.
• Electronic data transfer
Establish a system to allow facilities to report
monitoring results electronically, thereby reducing
monitoring burdens while enhancing enforceabili-
ty or accountability.
Pilot projects in states being coordinated through
EPA's "One-Stop" program.
"Reinventing Environmental Information" (REI)
initiative, announced July 1997, included Agency
commitment to making electronic reporting
option available to all regulated entities within
5 years.
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REINVENTING ENVIRONMENTAL PROTECTION
FOR MORE INFORMATION about EPA's reinvention activities, look on the
Internet at or send an e-mail to . You can
also contact the Office of Reinvention in Washington at 202 260-1849. In this office, our
staff manage multimedia reinvention initiatives, such as Project XL, and coordinate reinven-
tion activities that involve other Agency programs. The majority of reinvention initiatives,
however, are managed directly in EPA national program offices or Regional offices. All of
these organizations have senior level managers assigned to oversee reinvention initiatives.
Together, they make up EPA's Reinvention Action Council. Their responsibilities include
resolving issues that hinder reinvention progress and being available to staff and external
constituents who might have ideas or concerns about reinvention issues. A current listing of
the Reinvention Action Council members, along with information about how to contact
them, can be obtained from the Office of Reinvention.
EPA Regions
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DIRECTORY OF WEB SITE ADDRESSES
AIRNOW
http://www.epa. gov/airnow
BEACH WATCH
http://www.epa.gov/ostwater/beaches/
Brownfields
http://www.epa.gov/brownfields/
Center for Environmental Information and
Statistics (CEIS)
www.epa.gov/reinvent/notebook/ceis.htm
CLEAN Pollution Prevention Pilot Project
http://www.epa.gov/regionO 1 /steward/clean
Clean Water Initiative
http://www.cleanwater.gov/
Common Sense Initiative
http://www.epa.gov/commonsense/
Community Based Environmental Protection
http://www.epa.gov/ecocommunity/
Compliance Assistance Centers
http://www.epa.gov/oeca/mfcac.html
Drinking Water
http://www.epa.gov/OGWDW/
Emissions & Generation Resource Integrated Database
(EGRID)
http://www.epa.gov/acidrain/egrid/egrid.htm
Enforcement and Compliance
http://www.epa.gov/oecaerth
Environmental Monitoring for Public Access and
Community Tracking (EMPACT) Program
http://www.epa.gov/empact
Industry SectorJSfotebooks „ (
http://es.epa.gov/oeca/sector'
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Innovative Technologies for Hazardous
Waste Treatment
http://clu-in.org
Lead Programs
http://www.epa.gov/lead
National Environmental Performance „
Partnership System (NEPPS)
http://www.epa.gov/regional/pps/summary.htm
One Stop Reporting
http://www.epa.gov/reinvent/onestop/
Partners for the Environment
http://www,epa.goWpartners/
Project^L
http://www.epa.gov/ProjectXL/
Sector Facility Indexing Project
http://es.epa.gov/oeca/sfi/
Small Business Assistance _
http://www.epa.gov/smallbusiness/
StarTrack Program
http://www.epa.gov/region01/steward/strack/
STOrage andHETrieval (STORET)
Water Quality Data Base
http://www.epa.gov/owow/STORET
Surf Your Watershed
•f
http://www.epa.gov/surf/
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Toxic Release Inventory
http://www.epa.gov/opptintr/tri/
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