------- 1992 NACEPT MEMBERSHIP Dr. John Saw-hill (Chair) PrtsidtntandCEO Nature Conservancy Dr. David T. Allen Aitstiate l*nffisorof'Chemical'Engineering University of California-Los Angeles Jacqueline Aloisi dc Laudcrel Diittlor Industry and Environment Office United Nations Environment Programme Paul Arbesman Carparate Director'forPollution Control Allied Signal Corporation Dr. Nicholas Ashford /luesiate Pnfttsor ofTechnology andPolicy Center forTcchnology, Policy and Industrial Development Massachusetts Institute of Technology Dr. R.Darrv-1 Banks DirtilttT afTedinslogy and Environment World Resources Institute Waller Barber PresidentaniiCEO Groundwatcr Technology, Inc. Dr. John Boland Prt/iuur s/Geegrapby anil Environmental Engineering The Johns Hopkins University Dr, Kofi B. Bota I'ite Pnsiileat/or Research and Sponsored Programs Clark Atlanta University George Britton Deputy City Manager Water and Environment Services City of Phoenix Dr. Quincak'e Brown Exeat titt Diretlar Water Environment Federation Dr. Paul Busch President Malcolm-Pintle, Inc. William W. Carpenter lrke President, Technology Applications Martin Marietta Energy Systems, Inc. Dr. Anthony Cortese Dtmi, Center for Environment Management Tufts University I lonorable Larry Cole Mayor City of Bcavcrton, Oregon Tom Davis Direttsr Safety and Engineering Affairs AT&T Thomas W. Devine Corf orate Vice President, Regulatory Affairs RMT, Inc. Dr. Sylvia Alice Earle Chief Scientist, NOAA Department of Commerce John Easton Assistant Secretary Domestic and International Policy Department of Energy Terrence Foecke President Waste Reduction Institute and National Pollution Prevention Dr. Robert L. Ford Center for Energy and Environment Studies Southern University Scott E. Fore Vice President Environment, Health and Safety Safety Kleen Corporation J. William Futrell President Environmental Law Institute Robert Herbst Washington Representative Tennessee Valley Authority / Dr. Erhard F. Joeres Chair, Water Resources Management Program Institute for Environmental Studies Lillian Kawasaki General Manager Department of Environmental Affairs City of Los Angeles Dr. John Liskowitz Executive Director Hazardous Waste Institute Tom Looby Director Office of the Environment Colorado Department of Health Brigadier General James McCarthy The Civil Engineer HQJUSAF/CE R.NickOdom,Jr. . Vice President, Environmental Services Springs Industries John Palmisano President AER*X, Inc. Nancy E.Pfund General Partner Hambrecht & Quist Dr. Bruce Piasecki Professor Rensselaer Polytechnic Institute Frank R. Pope Vice President Technology Funding, Inc. James A. Power, Jr. Director (Retired) Division of Environment Kansas Department of Health Walter R. Quanstrom Vice President Environmental Affairs and Safety Amoco Corporation Dr. Robert Repetto Senior Economist and Program Director World Resources Institute Don Richardson Executive Director Arkansas Association of Conservation Districts Martin E. Rivers Executive Vice President Air and Waste Management Association Dr. Lawrence Ross Director Center for Waste Reduction Technologies American Institute of Chemical Engineers Samuel A. Schulhof Director, Environmental Research Center General Electric Corporate Research 8c Development Margaret Seminario Director Department of Occupational Safety and Health AFL-CIO Dr Wayne Tamarelli Chairman Dock Resins Eugene Tseng E. Tseng and Associates Perry Wallace Professor of Law Washington College of Law The American University William F.Willis Senior Executive Officer and President Resource Group Tennessee Valley Authority Deborah L. Wince-Smith Assistant Secretary for Technology Policy Department of Commerce ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OFFICE OF THE ADMINISTRATOR OFFICE OF COOPERATIVE ENVIRON MENTAL MANAGEMENT MANAGEMENT: LEVERAGING REGULATORY AND VOLUNTARY ACTION NATIONAL ADVISORY COUNCIL FOR ENVIRONMENTAL POLICY AND TECHNOLOGY The National Advisor}'' Council for Environmental Policy and Technology is an independent advisory committee to the Administrator of the U.S. Environmental Protection Agency. The findings and recommendations of the Council do not necessarily represent the views of the Environmental Protection Agency. ------- s> 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460 To the Reader: OFFICE OF THE ADMINISTRATOR I am pleased to provide you with the Office of Cooperative Environmental Management's "Progressive Environmental Management: Leveraging Regulatory and Voluntary Action." This document describes the highlights of the National Advisory Council for Environmental Policy and Technology (NACEPT) and its Committees' work during 1991 and 1992. We are beginning a new era in environmental protection primarily built upon successes grounded in traditional approaches, but we have reached limitations in many of these areas. We need to recognize that businesses are taking their role in environmental protection very seriously but that the regulatory programs provide important incentives. NACEPT's work in 1992 looked at many of the new trends and ideas with particular focus on pollution prevention. It is interesting and also encouraging that the Committees, while they approached their tasks from very different perspectives, identified opportunities for the Agency that are very much in sync with many of the initiatives and directions the Agency has already endorsed. The Committees urge us to move even more aggressively, especially in the areas of: • Enhancing EPA leadership in the new environmental era • Promoting environmental literacy and workforce competence • Encouraging voluntary actions to pollution prevention • Integrating pollution prevention into mainstream environmental programs • Promoting environmental technology • Improving measurement of environmental progress • Addressing trade and environment issues I am looking forward to continued NACEPT contributions. Given our current theme of ensuring environmental protection is viewed as a critical success factor in fostering economic growth, I think we have an exciting future. Abby J. Pirnie, Director Office of Cooperative Environmental Management ------- TABLE OF CONTENTS Introduction. NACEPT. NACEPT and Pollution Prevention 5 The Policy Issues Facing EPA, and NACEPT's Role 7 Summary of Recommendations 9 Enhancing EPA Leadership in the New Environmental Era 11 Promoting Environmental Literacy and Workforce Competence 13 Encouraging Voluntary Action to Prevent Pollution 15 Integrating Pollution Prevention into Mainstream Environmental Programs 17 Promoting Environmental Technology 18 Improving Measurement of Environmental Progress 19 Addressing Trade and Environment Issues 21 Future Activity 23 Appendices 25 Photographs of national parklands appearing throughout this publication were graciously provided by the United States National Park Service. ------- ------- OFFJCE OF COOPERATIVE ENVIRONMENTAL. MANAGEMENT INTRODUCTION Since the modern environmental movement began, our basic protection strategy has been to treat and manage wastes before they enter the environment. We have made significant progress in cleaning air, water, and land resources by limiting the amount of releases allowed and by prescribing controls to be used in achieving these limits. As we develop controls for the more subtle environmental threats that remain, the regulatory system has become increasingly more complex and encompasses literally hundreds of thousands of facilities. The approach has led to inflexible and sometimes conflicting requirements which, may hinder innovative solutions to environmental problems. Meanwhile, the environmental community has learned that pollution is not, as the "treat and manage" strategy presumes, an inevitable byproduct of human activity. Much pollution can be avoided altogether, and many wastes that cannot be avoided entirely can be substantially reduced. Furthermore, the steps involved in minimizing waste can lead to more efficient and profitable production. Government efforts to promote pollution prevention have existed for several years and are growing. Typically, programs to promote pollution prevention provide technical assistance; education and training, and other incentives to business. — SUMMARY OF- 1 992 RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRON MENTAL MANAGEMENT Legally, although some waste minimization requirements have been in place since 1976 under the Resource Conservation and Recovery Act, it was only in 1990 that the principle of pollution prevention was incorporated into Federal law with the Pollution Prevention Act. Pollution prevention is at the top of a hierarchy that includes: l) prevention, 2) recycling, 3) treatment, and 4) disposal or release. According to this hierarchy, disposing of waste should be employed only as a last resort, after prevention, then recycling, and then treatment have been shown infeasible. Pollution prevention is defined by die EPA, in accordance with the Pollution Prevention Act, to mean "source reduction": namely, any activity that reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment. This includes increasing efficiency in the use of raw materials, energy, water, or other resource, and protecting natural resources by conservation. One of the main attractions of the principle of pollution prevention is that it benefits both the economy and the environment: it stimulates more efficient production practices, which in turn reduce the waste that has to be managed. As a consequence, the strategy of implementing pollution prevention can gain the cooperation of many new allies such as political and business leaders, and economic development and financial institutions. For pollution prevention to bring the benefits it promises the principle must be accepted throughout society. Promoting it requires fostering a cultural change, to one that allows those who generate pollution to recognize the 5 benefits of more anticipation and internalizing of real environmental costs. To help effect this cultural change, government needs to build a new relationship with its constituents. So far, the majority of government- sponsored prevention programs has been voluntary. However, government actions can play an important part in stimulating (or thwarting) voluntary action, and many States— and EPA—are beginning to include pollution prevention provisions in some permits and enforcement settlement agreements. Moreover, one of the most 'For a fuller definition see Appendix 1. NACEF-T — SUMMARY OF 1 992: RECOMMENDATIONS ------- OFFJCE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT effective promoters of pollution prevention is a well-informed public empowered by facility-specific environmental data. The government, at the Federal, State, and local levels has begun to provide that information. A great deal more government action is possible and desirable. EPA and many States are now seeking ways to incorporate prevention directly into the design of regulations by, for example, including source reduction as a "best available technology." Some local wastewater treatment agencies are promoting prevention as a way for industrial dischargers to meet their pretreatment requirements. Also, in addition to the more traditional regulatory mechanisms, a variety of market-based policies—such as assessing fees based on emissions and providing tax credits for environmental investments—are being tried. However, adapting the way the market works so that prices reflect real costs, including those of environmental damage, will require changes throughout the economy, from the way manufacturers price their goods on the domestic market to how the United States conducts its international trade policy. The shift in outlook implied by adopting pollution prevention is not yet completely understood. Along with State and local governments, EPA is in transition, shifting from the existing "command-and-control" approach to one that includes implementing pollution prevention. The Agency has not established how to adapt its institutions, policies, and programs so that pollution prevention becomes the dominant strategy for environmental protection. The basic components of the existing command-and-control system will remain, although perhaps in a modified form. The challenge for government at all levels is to find a way to make the shift that neither jeopardizes the environmental progress the country has made under the existing system nor stifles the actions that could lead to significant permanent reductions in the amount of pollution that is generated. The role of the National Advisory Council for Environmental Policy and Technology (NACEPT) is at the leading edge of EPA's new environmental policy making. Its aim has been to solicit the views of EPA's principal constituents on policies to promote the principle of pollution prevention. It has examined the problems and implications of the new approaches to environmental protection. NACEPT provides the Administrator with innovative solutions to policy questions, and acts as a sounding board for strategies the Agency is developing. fsfACEF>T — SUMMARY OF' 1 992 RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT NACEPT The National Advisory Council for Environmental Policy and Technology (NACEPT) is a public advisory committee chartered (originally as the National Advisory Council for Environmental Technology Transfer) on July 7,1988. The Council provides information and advice to the Administrator and other officials of the U.S. Environmental Protection Agency (EPA) on policies for managing the environment. NACEPT has approximately 50 members, appointed by the EPA Deputy Administrator for staggered terms of three years. They include senior-level representatives of a wide range of EPA's constituents, including: business and industry; academic, educational and training institutions; Federal, State, and local government agencies and international organizations; environmental groups, and non-profit entities. Dr. John Sawhill, President and CEO of the Nature Conservancy, currently serves as the Chair of NACEPT. EPA's Office of Cooperative Environmental Management (OCEM), headed by AbbyJ. Pirnie, provides budgetary support, serves as the executive secretariat, and performs staff support functions for NACEPT. Ms. Pirnie is NACEPT's Designated Federal Official. COUNCIL. COMPOSITION 1 99Z Academic, Educational and Training Institutions 25% Government 25% Non-Governmental Organizations 8% Other 13% Business and Industry 29% NACEPT — SUMMARY OF 1 992 RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT NACEPT is supported by five standing committees: e Pollution Prevention Education Committee (PPEC) 8 Environmental Measurements and Chemical Accident Prevention Committee (EM/CAP) State and Local Environment Committee * Technology Innovation and Economics Committee (TIE) 8 Trade and Environment Committee. Committees are chaired by NACEPT members. They are composed of NACEPT members and more than 300 additional individuals, chosen for their expertise or because they represent a group particularly affected by the issue at hand. A plenary session of NACEPT meets at least once a year. The plenary session and all other meetings under the auspices of NACEPT are open to the public, in accordance with the Federal Advisory Committee Act (FACA) NACEPT AND POLLUTION PREVENTION In the spring of 1991, William K. Reilly, Administrator of the EPA, asked NACEPT to help the Agency in promoting pollution prevention. He asked the Council to recommend steps EPA could take to overcome the policy, institutional, technical, and educational barriers that are impeding more widespread adoption of pollution prevention. Recognizing that a variety of factors will influence whether and how pollution prevention becomes the dominant approach to environmental protection, the NACEPT standing committees began exploring factors relevant to their particular areas of interest. The Environmental Measurements and Chemical Accident Prevention Committee has been concentrating on problems in evaluating the state of the environment and in monitoring the performance of activities to promote pollution prevention. The Committee focused on: l) reviewing plans for developing a central source of environmental information and statistics; 2) evaluating the methodology for measuring source reduction of Toxics Release Inventory chemicals and reviewing criteria for evaluating State Capacity Assurance Plans; and 3) measuring progress in preventing chemical accidents. — SUMMARY OF 1 992 RECOMMENDATIONS ------- OP'«riCE OF COOPERATIVE ENVIRONMENTAL .MANAGEMENT The Pollution Prevention Education Committee explored ways to promote pollution prevention education and training. Committee efforts focused on: l) promoting pollution prevention within industry, especially through new education and training initiatives; and 2) attaining a general level of pollution prevention literacy in the public through broad educational efforts directed through formal and informal channels. The State and Local Environment Committee examined how the resources and unique capabilities of Federal, State, and local governments could best be used to promote pollution prevention as well as the challenges involved in making the transition from traditional environmental programs to prevention-oriented programs. The Committee analyzed: l) status and trends in State and local pollution prevention programs, including innovative voluntary and regulatory programs using public authority and cooperative partnerships with the private sector; and 2) opportunities for expanding pollution prevention efforts by building a broader base of support and integrating pollution prevention and other innovative approaches into mainstream environmental programs. The Technology Innovation and Economics Committee has been examining the relationship between the nation's environmental regulatory system and the development and use of environmentally beneficial advances in technology. The Committee concentrated on: l) how EPA's permitting and compliance policies can expand environmental progress by encouraging the development and use of pollution prevention technology; and 2) the role of government technology diffusion programs in the environmental management system. The Trade and Environment Committee is addressing EPA's strategy with respect to the intersecting areas of trade and the environment. It also aims to provide the EPA Administrator, as a member of the Executive Branch, with guidance in helping to develop the United States' government policy on the subject. The Committee's primary activities were: l) assessing the role of international trade and economic organizations and international environmental agreements with a view towards reducing the conflict and advising on future areas requiring EPA policy; and 2) developing consensus on fundamental principles with respect to the overlap between trade and environmental policy objectives, and identifying areas requiring future work by the Agency. NACEFT - SUMMARY OF 1 992 RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL. MANAGEMENT THE POLICY ISSUES FACING EPA, AND NACEPT's ROLE Over the last two decades, the government has promulgated requirements that have established a solid floor of minimum standards for treating and disposing of the worst pollutants, greatly improving the quality of the environment. However, while these requirements undoubtedly need to be maintained and improved, they cannot alone lead to the "cultural change" pollution prevention requires. The Agency, therefore, needs to make the necessary institutional adjustments. From being a primarily regulatory agency, EPA must expand its role to promote non- traditional, voluntary approaches to environmental management as well. It must also enlarge its ability to provide information and guidance. The Agency has shown early successes in this new role with its "33/50" and "Green Lights" programs. Moreover, it has been considering such innovative strategies as initiating Environmental Leadership Programs, encouraging industry to adopt Total Quality Management practices that reflect environmental concerns, and creating a system of tradable permits. However, as it goes through its institutional adjustment, EPA will need to focus on several key issues: • Existing bureaucracies, and their constituencies, were developed to implement single-media, command-and-control programs and end-of- pipe solutions: enormous private and public investment has been made to construct the treatment facilities and install the control equipment that is now in place. In addition, there are strong constituencies vested in the existing system, including influential environmental activists and legislative committees in Washington and in the States. Together these represent a serious impediment to EPA's new approaches. * On the other hand, because pollution prevention has both economic and environmental benefits, EPA has natural allies among political leaders and economic development and financial institutions, many of whom have not previously been active in environmental protection. EPA needs these allies to provide essential support and resources that can be leveraged. The Agency must develop a cooperative relationship with business interests, while at the same time honoring its primary responsibility for protecting the environment. * The potential for implementing pollution prevention has barely been tapped. Only some of the larger firms, and the tiny fraction of small firms that have been reached by a technical assistance program or education, are actively involved in the strategy. Huge opportunities remain, presenting a large organizational challenge to EPA and its counterparts in State and local governments. NACEPT — SUMMARY OF 1 992 RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRON MENTAL MANAGEMENT In examining the issues facing EPA, NACEPT has focused on the following major challenges the Agency's programs must meet: Enhancing ERA Leadership in the New Environmental Era. EPA's actions and decisions must send a consistent message that prevention is the strategy of choice for environmental protection. Promoting Environmental Literacy and Workforce Competence. The concept of pollution prevention needs to be understood and accepted, and the skills to implement it available, throughout the nation. For this the Agency must take the lead in fostering environmental education and workforce competence. Encouraging Voluntary Action to Prevent Pollution. As voluntary programs will remain among the most effective ways for EPA to achieve some of its goals, the Agency must find the balance between fostering voluntary efforts and keeping the consistent regulatory pressure that motivates firms to seek pollution prevention solutions. Integrating Pollution Prevention into Mainstream Environmental Programs. For pollution prevention to be the dominant strategy for environmental protection, it must be integrated fully with mainstream environmental programs. Promoting Environmental Technology. Since implementing pollution prevention often implies adopting new technology and management practices, EPA must establish the role it needs to play in stimulating technological innovation and providing the means for its dissemination. Improving Measurement of Environmental Progress. EPA must be able to monitor its progress in promoting pollution prevention. As this implies assessing "cultural" change as well as compliance with a set of rules or standards, the Agency must adopt measurement and evaluation techniques with which it is unfamiliar. Addressing Trade and Environment Issues. EPA. must encourage the United States government to integrate the policy of pollution prevention within its role as world leader in environmental protection. It must do so both because environmental damage is not contained within national borders, and because failure to promote environmental protection abroad could affect the U.S. government's ability to foster it at home. 8 NACEPT — SUMMARY OF 1 992 RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT SUMMARY OF RECOMMENDATIONS For 1992, NACEPT was charged with examining opportunities for achieving more widespread implementation of the pollution prevention approach to environmental management. NACEPT was also asked to explore ways to reconcile potential conflicts between environmental protection and expanded international trade. While each of the NACEPT committees explored different aspects of the pollution prevention question, the result of their collective efforts is a comprehensive set of recommendations for making consideration of pollution prevention alternatives an integral part of environmental decision-making by all segments of society. NACEPT's recommendations are designed to build on early successes, foster innovations in both environmental program management and technology, establish mutually beneficial relationships among the stakeholders, and address the policy and technical issues that hinder progress. In the international arena, the notion of preventing pollution is inherent in NACEPT's position favoring sustainable development. IMACEPT — SUMMARY OF 1 992 RECOMMENDATIONS 9 ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT NACEPT's major focus on pollution prevention was a natural outgrowth of its earlier efforts. From the beginning, NACEPT has endorsed the concept of a hierarchy in environmental management, with pollution prevention/source reduction as the most desirable approach. NACEPT has also been a strong supporter of the use of risk-based planning and management as a means for focusing resources on the most pressing environmental problems. In addition to these fundamental positions, NACEPT has also: • Urged greater attention to creating an environmentally literate public and a well-trained environmental workforce • Promoted voluntary partnerships and collaborative efforts between government and the private sector to achieve voluntary reductions in pollution and to carry out research, technology development, and educational efforts • Urged clarification of Federal, State, and local roles in environmental management to assure a mutually supportive, efficient, and effective system • Encouraged reform of environmental regulatory programs to allow for greater flexibility hi implementation and multi-media integration • Advocated development of national policies and programs to foster the development and dissemination of innovative environmental technologies • Promoted improvements in the quality and utility of environmental data • Encouraged the use of market-based and other mechanisms as a means for achieving environmental improvements • Advocated effective consideration of environmental concerns in international development and trade policy. Following is a summary of NACEPT's key findings and recommendations for expanding pollution prevention efforts and addressing issues associated with trade and the environment. Individual committee reports are available from EPA's Office of Cooperative Environmental Management and contain more detailed discussion and analysis on the recommendations. 1O NACEPT — SUMMARY OF 1992. RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRON MENTAL. MANAGEMENT ENHANCING EPA LEADERSHIP IN THE NEW ENVIRONMENTAL ERA In the new environmental era, EPA will need to find new ways to carry out its mission that recognize the shared responsibilities of all levels of government and the private sector in meeting environmental goals, fostering innovation, and facilitating exchange of information and expertise among all parties. Perhaps the most daunting challenge EPA now faces is managing the transition from traditional command-and-control environmental programs to more flexible programs that seek continuous improvement in preventing pollution and that reflect collaboration with stakeholders. EPA's actions and decisions must send a consistent message that prevention is the strategy of choice for environmental protection and find the delicate balance between fostering voluntary and cooperative efforts and keeping up the consistent regulatory pressure that often motivates firms to seek pollution prevention solutions. " To fulfill its essential leadership role in the new era in environmental protection, EPA should: ^ Foster a strong environmental regulatory climate that pushes companies to seek prevention alternatives ^ Assure that its actions and decisions are consistent with its pollution prevention message, including all regulatory, enforcement, and program management decisions NACEF>T — SUMMARY OF 1 992 RECOMMENDATIONS t t ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT Clarify roles and responsibilities of EPA, State, and local governments; emphasize EPA's role in providing technical and other support to State and local governments for building pollution prevention programs Set an example for other Federal agencies, and State and local governments, by showing how pollution prevention can be implemented within its own operations Seek more stable sources of finance for EPA and State pollution prevention efforts, including greater flexibility to support them with routine program funds Reward staff efforts to promote collaboration, achieve multi-media integration, provide technical or management support to State and local government, or foster innovations in policy or technology Develop and implement a strategy for building greater consensus and support for pollution prevention, addressing the concerns of those who fear it could lead to weaker environmental protection or more burdensome regulatory requirements; key constituencies include Congress, business groups, and environmental organizations Take special steps to understand the concerns and engage the support of mid-level environmental agency officials in charting new courses Build political support for pollution prevention efforts by educating Governors, State legislators, and local officials about the economic and environmental benefits of pollution prevention and how to build effective prevention programs Forge new alliances with economic development entities and financial institutions to promote prevention through mechanisms not traditionally linked to the environment Encourage financial institutions and the insurance industry to incorporate prevention considerations into their decision-making processes Promote pollution prevention concepts in trade and international development policies. NACEPT - SUMMARY OF 1992. RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT PROMOTING ENVIRONMENTAL LITERACY AND WORKFORCE COMPETENCE If its promise of a more efficient and environmentally healthy world is to be realized, the concept of pollution prevention must become an integral part of every citizen's intellectual outlook and daily routine. This will require a broad educational effort to be carried out in formal and informal channels of education, involving shifts in the focus and curriculum of many academic programs. The general public will need a basic level of environmental literacy to enable them to assess the potential environmental consequences of their actions and make choices accordingly. Workers from the shop floor to the executive suite will need to be able to develop and implement practical measures for preventing pollution. The engineers, scientists, lawyers, and policy analysts who make up the workforce of environmental agencies at all levels of government will need new knowledge and skills to be able to incorporate pollution prevention in their activities and foster innovative technologies. They will also need new management skills to address multi-media issues. To promote environmentalliteracy and competency in the general population and •workforce, EPA should: Ijjf Develop and implement a pollution prevention education strategy to foster prevention both as an ethical standard and as a practical goal for all endeavors, including roles for vocational schools, community colleges, universities, business schools, and corporate training institutes, as well as non-traditional means for educating the population such as entertainment and news media ^ Assure that pollution prevention is emphasized in all EPA-sponsored environmental education activities, making it an explicit goal of all internal, inter-agency, and grant programs for environmental education ^ Improve coordination of curriculum development and training programs for pollution prevention ^ Begin a series of new programs to train educators on pollution prevention, including establishing a network of regional centers or faculty and curriculum development "f|f Support development of university curricula to increase literacy in environmentally beneficial technology — SUMMARY OF- 1 992. RECOMMEIMDAT-IONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT *<$? Cooperate with communities, other government agencies, nonprofit organizations, and business firms in establishing regional programs in the growing field of ecological design ^ Expand support for cooperative education and training activities involving the United States and other Western Hemisphere countries. To train environmental agency staff 'at all'levels of 'government for responsibilities in pollution prevention, fostering new technologies, and multi-media environmental management, EPA should: ^ Place a much higher priority on training and staff development, and provide adequate budgets to assure implementation ^ Develop and implement a national strategy for building staff capacity at all levels of government, addressing pollution prevention and fostering development and use of innovative technology ^ Substantially expand training programs and address ongoing technical needs of government practitioners—including permit writers, inspectors, and enforcement personnel—regarding incorporation of pollution prevention into routine program activities and fostering development and use of new technologies *^ Establish a program to develop and disseminate information for government managers on topics such as innovative policies and programs, design and implementation of pollution prevention programs, and structural reorganization ^ Develop incentives to retain experienced personnel and reward staff who have been successful in promoting pollution prevention, fostering the use of innovative technologies, or providing multi-media benefits through their activities ^ Test alternative approaches to staff development, such as developing industry experts familiar with all requirements governing a particular industry category as opposed to experts in individual media programs ^ Develop training programs designed to enhance skills needed to manage multi-media enforcement or permit projects, including training in project planning, intergovernmental relations, matrix management, team building, community relations, and negotiations. 14 NACEPT — SUMMARY OF 1 992 RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT ENCOURAGING VOLUNTARY ACTION To PREVENT POLLUTION Thus far, most government-sponsored efforts to promote pollution prevention have sought to spur companies to adopt pollution prevention measures voluntarily. Many programs and policies exist at the Federal, State, and local levels to encourage firms to make voluntary reductions of pollutants. They employ such methods as using the power of persuasion with significant polluters, giving public recognition to participating firms, providing technical and other forms of assistance, and offering financial and regulatory incentives. An important benefit of voluntary t, *j efforts is that they help to build trust and working relationships among and between industry, environmental regulators, and environmental advocates. Because they stimulate actions that go "beyond compliance" and foster fundamental changes that can have lasting environmental and economic benefits, such programs and policies should be expanded to reach a larger share of polluting entities. For continued success, however EPA and State and local governments must reconcile the relationship between voluntary and regulatory efforts and resolve difficult issues such as whether and how to provide regulatory flexibility when needed to allow for implementation of prevention measures. iv ACE FT — SUMMARY OF- 1 992. RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVI RON MENTAL MANAGEMENT To foster additional voluntary reductions in pollutant emissions, EPA should: ^ Generate a marketing plan for voluntary programs (such as EPA's 33/50 Program) that communicates benefits, such as potential cost-savings and avoided liability, and that rewards those who participate ^ For the next generation of voluntary commitments, establish long-term, continuous improvement goals that address all pollutants and environmental media ^ Extend voluntary programs to small and medium-sized companies by providing them with technical and financial resources that can help them participate ^ Establish a steering committee consisting of EPA officials and outside stakeholder parties to assist in designing and overseeing implementation of voluntary programs ^ Consult with States to assure coordination of national efforts with State and local initiatives, and address problems that arise when EPA program goals differ from State goals or statutory requirements ^ Address policy concerns, such as providing for regulatory flexibility and ensuring that any future required prevention reductions acknowledge voluntary reductions made by participating firms. To strengthen pollution prevention technical assistance efforts, EPA should: ^ Foster links between pollution prevention technical assistance programs and other business technical and financial assistance programs, including the program required to be established under the Clean Air Act ^ Continue to help State and local governments build capacity for providing pollution prevention technical assistance through provision of technical and financial support ^ Establish a system to make pollution prevention training materials, audit guides, or other products developed with EPA grant funds, widely available, and ensure against duplication of effort ^ Support evaluation of technical assistance programs and products to help determine and disseminate "best practices" and "how to" materials on program design, policies, and management. To provide other incentives for voluntary action, EPA should: ^ Establish a national program to provide recognition and incentives to leaders in implementing pollution prevention; in designing the program, consult with the business community, environmental advocates, and State and local governments to identify effective incentives and fair criteria for participation that will ensure environmental progress 16 NACEPT — SUMMARY OF 1 992. RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRON MENTAL MANAGEMENT ^ Evaluate the implementation and effectiveness of State and local policies and programs to provide regulatory flexibility, tax benefits, expedited permits, financial assistance, and other incentives to companies that are leaders in pollution prevention; disseminate the results to government officials and others interested in establishing such programs. INTEGRATING POLLUTION PREVENTION INTO MAINSTREAM ENVIRONMENTAL PROGRAMS Debate continues about the desirability of regulatory approaches to pollution prevention, but some integration into regulatory programs is both necessary and inevitable. Unless appropriate adaptations are made to traditional single-media environmental requirements and the systems that have emerged to implement them, they will serve as a significant hindrance on progress. EPA policy states that pollution prevention should be integrated into all its programs, and top managers have supported efforts to address environmental matters on a multi-media basis. However, implementation by EPA (and States) has been limited to a few pilot initiatives that are typically outside the mainstream of program activities and have not been translated into changes in routine operations. To achieve greater integration of pollution prevention and multi-media approaches in mainstream environmental programs, EPA should: ^ Develop and implement an overall strategy to incorporate pollution prevention into its programs, including both multi-media and single media components fm&^H^' ------- OFFICE; OF COOPERATIVE ENVIRONMENTAL MANAGEMENT Develop new approaches to funding and assessing State and local environmental programs; continue exploring ways to provide for greater flexibility in funding, administration, and oversight of State and local environmental programs—using strategic planning and pollution prevention as key components of new approaches Resolve policy issues associated with integrating pollution prevention into regulatory programs, giving priority to policies for: " Providing regulatory flexibility or extended compliance deadlines in exchange for additional reductions, and * Developing and enforcing pollution prevention permit conditions Increase the use of market-based approaches such as tradable permit systems, pollution fees, and "green taxes" to promote pollution prevention Continue and expand industry cluster approaches to regulation development to enhance identification of prevention opportunities and address multi-media issues; assure adequate State participation ' Develop criteria, policy, and procedures (based on experience from EPA and State pilots), for integrated permits so that all enforceable requirements and source reduction goals can be consolidated into a single document ' Foster greater adoption of pollution prevention and demand-side management as a way for local wastewater treatment programs to carry out their pretreatment responsibilities and meet other environmental requirements. PROMOTING ENVIRONMENTAL TECHNOLOGY Technology plays a critical role in solving environmental problems and enhancing economic productivity. Government policies and programs have an important impact on whether and how quickly valuable environmental technologies are developed, made commercially available, and used. Over the years, NACEPT has made a series of recommendations to foster development and use of innovative technologies by providing incentives and making changes in permitting and compliance systems. Diffusion is the spread and adoption of an idea after its first successful commercial use and can be accomplished through such mechanisms as government and private sector research, technical assistance programs, publications, training, trade shows, professional conferences, and professional research and licensing programs. The lack of strong and well-coordinated programs 18 NACEPT — SUMMARY OF 1992 RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRON MENTAL. MANAGEMENT for diffusion of environmental technology and solutions, including those which result in preventing pollution, has hindered progress in making environmental improvements. To foster more effective diffusion of environmental technologies and solutions, EPA should: Make diffusion of environmental technology and solutions a major supporting mission for EPA Establish a high-level position to promote and coordinate the Agency's technology diffusion programs Build stronger partnerships with providers and users of environmental technology and actively promote increased use of innovative environmental solutions, using the full range of diffusion mechanisms Adopt a leadership position in environmental innovation throughout the research and development cycle—from research planning through dissemination to technology user Re-focus EPA's current technology research activities to take on a major role in diffusion of information about environmentally beneficial technologies Collect and generate credible information about environmentally beneficial technologies as weE as data on environmental businesses Emphasize diffusion of information about pollution prevention technologies and management practices in pollution prevention programs Expand efforts to diffuse environmental technologies internationally, working in conjunction with traditional Federal lead agencies, to help meet United States environmental and competitiveness objectives Continue and expand efforts to stimulate, test, and evaluate new environmental technologies through cooperative research efforts, testing at Federal facilities, and other mechanisms. IMPROVING MEASUREMENT OF ENVIRON MENTAL. PROGRESS Despite an investment of more than half a billion dollars annually by Federal, State, and local governments on the collection, elaboration, and dissemination of environmental data, the environmental statistics now available fall short of what is needed to make responsible environmental management decisions. For several NACEPT — SUMMARY OF 1 992 RECOMMENDATIONS 19 ------- OFFICE OF COOPERATIVE ENVIRON MENTAL. MANAGEMENT years, NACEPT has supported the creation of a central entity to improve the quality and utility of environmental statistics. As EPA's focus has enlarged from issuing and enforcing standards to promoting environmentally sound behavior in all areas of activity—whether regulated or not—information needs have also changed. Many of the measurements of improvement in behavioral change are considerably more difficult to make and are often ambiguous in their import. New approaches are especially needed to measure progress in the largely voluntary efforts in source reduction/pollution prevention and chemical accident prevention. To improve the quality and utility of environmental statistics, JER4 should: ^ Move with deliberate speed to establish a center for environmental statistics, seeking appropriate legislative authority ^ Assure that the center has the highest possible level of independence and is insulated from other regulatory and policy-making responsibility ^ Locate the center within the structure of the Agency such that it provides the greatest ease of access by decision-makers while maintaining its independence from policy-making and regulatory affairs 'jg Concentrate staff efforts now on a few, high-quality environmental statistics projects aimed at serving as building blocks for the future. To measure progress in source reduction'pollution prevention, EPA should: ^ Avoid making measuring and proving reductions so burdensome as to discourage companies from trying ^ Take into account the constant changes inherent in industrial development that could give a false impression of source reduction ^ Tie data requirements closely to need to avoid draining resources away from activities that actually reduce wastes ^ Build incentives and disincentives into source reduction data collection and reporting requirements. To measure progress in chemical accident prevention, EPA should: ^ Select a simple means of demonstrating improvement or impairment in the state of chemical accident prevention; measure both implementation and result ^ Use existing data to the extent possible; consider augmenting existing data with a voluntary survey of a limited sampling of chemical users and producers 2O NACEPT — SUMMARY OF 1992. RECOMMENDATION,S ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT ^ Establish a benchmark standard from which improvement or impairment in the state of chemical accident prevention can be deduced ^ Recognize publicly that institutional change at facilities producing or using chemicals is essential to reducing the likelihood of chemical accidents; to encourage and guide such a change, EPA should adopt and promulgate principles of chemical accident prevention. ADDRESSING TRADE AND ENVIRONMENT ISSUES With the expansion of global markets, nations are more interdependent than ever before. Environmental perils like ozone depletion and global warming demonstrate that nations are interdependent environmentally as well. The fields of trade and the environment have been separate cultures with different objectives and language, but die growing recognition that environmental and economic health are inextricably linked suggests the need for greater communication and cooperation between them. The world can achieve both expanded free trade and enhanced environmental protection, but only if policies are developed that are sensitive to both objectives. Because of its responsibilities and expertise, EPA should continue to play a role in the trade and environment dialogue. To foster reconciliation between trade and environment objectives, EPA should encourage the United States government to: ^ Adopt "sustainable development" as a guiding principle for U.S. policy relating to trade, international investment, and environmental protection, and urge the Industrialized Countries for Economic Development and Cooperation (OECD) and other countries and organizations involved in international development to adopt this principle as well ijg Urge that environmental concerns be added as a major objective of the General Agreement on Trade and Tariffs (GATT); strengthen mechanisms for resolving disputes involving environmental issues 'jg Push for greater transparency and public participation in the development of trade policy affecting the environment, both in the United States and in the procedures of GATT and OECD _ SUMMARY OF 1 992 RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL, MANAGEMENT Identify appropriate areas for harmonization of environmental standards; where harmonization is not practicable, seek comity or mutual recognition; this effort should address substantive standards, testing protocols, risk assessment techniques, certification and conformity assessment procedures, and uniform procedural methods for public access and participation in setting standards Take a leading role in establishing criteria for evaluating the environmental implications of all future trade agreements in the Western Hemisphere, and seek agreement from all potential signatories in free trade agreements; assure there are adequate dispute resolution procedures Expand the use of debt reductions as an incentive for environmental initiatives and urge other creditor countries and international financial institutions to develop or expand such programs of their own ' Develop criteria for evaluating both the positive and negative impacts of domestic environmental requirements on the competitiveness of U.S. businesses ' Facilitate the participation of the U.S. environmental goods and services industry in international markets ' Expand existing programs that increase the access of developing countries to environmentally friendly technologies. 22 NACEPT — SUMMARY OF 1 992. RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT FUTURE ACTIVITY By adopting the principle of pollution prevention, EPA has found that it must break the mold that has shaped its policies since it was established. The changes that this implies in role and institutional structure discussed in die introduction have only begun. NACEPT's efforts in 1992 to advise the Administrator on applying the principle of pollution prevention are, therefore, the beginning of a process. In 1993, the Council proposes to consider near-term policy changes in such environmentally and economically important sectors as agriculture, energy, and transportation, as well as continuing its work on cooperative initiatives such as the Environmental Leadership Program. In the longer term, NACEPT aims to develop an agenda that will support the Agency's ability to address environmental issues into the next century. ------- ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT DEFINITION OF POLLUTION PREVENTION The following is from the memorandum to EPA staff from F. Henry Habicht II, Deputy Administrator, dated 5/28/92. "Under Section 6602(0) of the Pollution Prevention Act of 1990, Congress established a Federal policy that: & pollution should be prevented or reduced at the source whenever feasible; pollution that cannot be prevented should be recycled in an environmentally safe manner whenever feasible; e pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible; and * disposal or other release into the environment should be employed only as a last resort and should be conducted in an environmentally sound manner. Pollution Prevention means 'source reduction,' as denned under the Pollution Prevention Act, and other practices that reduce or eliminate the creation of pollutants through: a increased efficiency in the use of raw materials, energy, water, or other resource, or 8 protection of natural resources by conservation. The Pollution Prevention Act defines 'source reduction' to mean any practice which: • reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and 8 reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants. The term includes: equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or inventory control. — SUMMARY OF- 1 932. RECOMMENDATIONS ------- OFFICE OF COOPERATIVE: ENVIRONMENTAL MANAGEMENT Under the Pollution Prevention Act, recycling, energy recovery, treatment, and disposal are not included within the definition of pollution prevention. Some practices commonly described as 'in-process recycling' may qualify as pollution prevention. Recycling that is conducted in an environmentally sound manner shares many of the advantages of prevention—it can reduce the need for treatment or disposal, and conserve energy and resources. Pollution prevention approaches can be applied to all pollution-generating activity, including those found in the energy, agriculture, Federal, consumer, as well as industrial sectors. The impairment of wetlands, ground water sources and other critical resources constitutes pollution,and prevention practices may be essential for preserving these resources. These practices may include conservation techniques and changes in management practices to prevent harm to sensitive ecosystems. Pollution prevention does not include practices that create new risks of concern. In the agricultural sector, pollution prevention approaches include: reducing the use of water and chemical inputs; adoption of less environmentally harmful pesticides or cultivation of crop strains with natural resistance to pests; and protection of sensitive areas. In the energy sector, pollution prevention can reduce environmental damages from extraction, processing, transport and combination of fuels. Pollution prevention approaches include: increasing efficiency in energy use; substituting environmentally benign fuel sources; and design changes that reduce the demand for energy." 26 NACEPT — SUMMARY OF 1 992. RECOMMENDATIONS ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT The following are the NACEPT standing committee reports prepared during 1993. Environmental Measurements and Chemical Accident Prevention Committee Measuring Progress in Chemical Accident Prevention Report of the Pollution Prevention Measurement Subcommittee Establishment of a Center for Environmental Statistics at EPA: Interim Recommendations Pollution Prevention Education Committee Partnership Building to Promote Pollution Prevention Pollution Prevention Education and Training for an Environmentally Sustainable Future State and Local Environment Committee Building State and Local Pollution Prevention Programs. J. Findings and Recommendations. II. Status and Trends. Technology Innovation and Economics Committee Report and Recommendations of the Technology Innovation and Economics Committee. Permitting and Compliance Policy: Barriers to U.S. Environmental Technology Innovation Improving Technology Diffusion for Environmental Protection. Export and Recommendations of the Technology Innovation and Economics Committee Transforming Environmental Permitting and Compliance Policies to Promote Pollution Prevention: Removing Barriers and Providing Incentives to Foster Technology Innovation, Economic Productivity, and Environmental Protection. Report and Recommendations of the Technology Innovation and Economics Committee — SUMMARY OF- 1992 RECOMMENDATIONS 2.7 ------- OFFICE OF COOPERATIVE ENVIRONMENTAL MANAGEMENT Trade arid Environment Committee The Greening of World Trade. Report and Recommendations of the Trade and Environment Committee. This report includes the following supporting papers: Trade Environment, and the Pursuit of Sustainable Development—Stewart Hudson Frictions Between International Trade Agreements and Environmental Protections— Durwood Zaelke, Robert Housman, and Gary Stanley Note on Complimentarities Between Trade and Environment Policies— Robert Repetto Reconciling Trade and Environment: The Next Steps—Charles S. Pearson and Robert Repetto Changing GATT Rules—John H. Jackson Dispute Resolution and Transparency—Konrad von Moltke The Montreal Protocol—Christopher A. Cummings and Matthew B. Arnold The Danish Bottle Case: Commission of the European Communities v. Kingdom of Denmark—John Clark Trade and the Environment: Press Clips—J. Michael McCloskey A Matchmaker's Challenge: Marrying International Law and American Environmental Law—David A. Wirth 28 NACEPT — SUMMARY OF 1992. RECOMMENDATIONS ------- |