State Innovation Grant  Program:  Maine
                      Automotive Body Environmental Results Program (2004 Competition)
                        ie innovation urani rrogram 10 support
efforts led by state environmental agencies to test innovative approaches
for achieving better environmental results and improved efficiency in
permitting programs. Between 2002 and 2007, the State Innovation Grant
program competition awarded over six million dollars to support 35 state
projects that test permitting innovation for a variety of regulated entities
including several small business sectors. Asummary of the awards by year
appears in the table below.
    State Innovation Grant Program Statistics, 2002-2007
 Competition   Proposals  Proposals     Total Program
    Year      Submitted   Selected       Funding ($)
  2002/2003
                                         $618,000
                                        $1.425 Million
                                        $1.479 Million
 Cumulative
                                        $1.243 Million
                                        $1.611 Million
                                        $6.376 Million
"Innovation in Permitting" has been the theme of the State Innovation Grant
competition since its inception. In the last three competition cycles states
received awards for projects in the following three categories:
• The Environmental Results Program (ERP) is an innovative
  approach to improving environmental performance based on a system
  of the interlocking tools of compliance assistance, self-certification
  (sometimes, where permissible, in lieu of permitting), and
  statistically-based measurement to gauge the performance of an entire
  business sector. The program utilizes a multimedia approach to
  encourage small sources to achieve environmental compliance and
  pollution prevention. (See: http://www.epa.gov/permits/erp/)
• Environmental Management System (EMS) is a system involving a
  continual cycle of planning, implementing, reviewing and improving the
  processes and actions that an organization undertakes to meet its
  business and environmental goals. EMSs provide organizations of all
  types with a structured system and approach for managing
  environmental and regulatory responsibilities to improve overall
  environmental performance and stewardship.
  (See: www.epa.gov/ems/info/index.htm)
• Performance Track is a partnership that recognizes top
  environmental performance among participating US facilities of all types,
  sizes, and complexity, both public and private.
  (See: http://www.epa.gov/performancetrack/)
NCEI has provided awards also for projects testing watershed-based
permitting, and for permit process streamlining in past competitions. For
more information on the history of the programs, including information on
solicitations, state proposals, and project awards, please see the EPA State
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Project  Background:
 The auto body sector in Southern Maine includes
 approximately 100 shops that are predominantly
 small- to medium-sized  business.  Although these
 facilities are subject to federal and state
 environmental regulations for air, water, and waste,
 often they are not aware of their environmental
 requirements and lack resources to hire staff or
 invest in technologies to improve compliance.  This
 is particularly true for air pollution requirements, a
 concern in southern Maine, which has historically
 lagged behind in compliance with national ambient
 air quality standards for ground-level ozone.  To help
 address the sector's compliance issues, the  Maine
 Department of Environmental Protection (ME  DEP)
 applied for and received a State  Innovation Grant in
 2004 to launch a voluntary Environmental Results
 Program (ERP) for the auto  body sector.  An ERP
 combines compliance assistance,  self-certification,
 and statistically-based agency inspections to
 improve environmental performance within a target
 sector.

Project  Description
 ME DEP's primary goals for their ERP were to
 promote pollution prevention concepts, increase
 public and industry awareness of environmental
 health concerns, and  bolster environmental
 compliance. The state sought to educate auto body
 repair shops about all relevant federal and state
 environmental regulations, and encourage them  to
 take on voluntary best management practices
 (BMPs) and pollution  prevention measures.   Specific
 program components included:

 •  Compliance Assistance:
    ME DEP hosted an educational workshop for auto
    body shops, and gave them a user-friendly,
    compliance workbook for  sector operators.  The
                          NCEI
                          NATIONAL CENTER  FOR
                          ENVIRONMENTAL INNOVATION

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  workbook covered federal  and state regulations,
  BMPs and pollution  prevention measures for all
  environmental media (air, water, and waste).

• Self-Certification:
  ME DEP developed a plain language, multi-media
  self-certification compliance checklist for the auto
  body sector that closely paralleled the workbook
  mentioned above.  The checklist was designed to
  allow facilities to identify and fix any compliance
  issues.  If a facility was out of compliance and could
  not remedy the violation immediately, facility owners/
  operators were instructed to submit a Return-to-
  Compliance  Plan detailing their process for returning
  to compliance within 30 days. Through this program,
  ME DEP achieved a 42 percent self-certification rate,
  and of the facilities that submitted self-certification
  forms, 81  percent recognized that they were out of
  compliance for one or more  requirements.

• Agency Inspection and Performance
  Measurement:
  To measure the ERP's success, ME DEP  conducted
  on-site assessments at a randomly selected group
  of facilities.  The state made comparisons  between
  the results of assessments conducted before and
  after compliance assistance and self-certification to
  determine the program's successes and identify
  areas for  improvement (see  Results  section  below).

Because Maine's ERP was a voluntary program, the
state developed several  incentives  to encourage auto
body shops to participate, including:

• A period of amnesty for shops in non-compliance
  ME DEP's Small Business Compliance  Incentives
  Policy (SBCIP) allowed facilities that voluntarily
  reported  less serious violations to work with ME
  DEP's small business technical assistance staff to
  solve  environmental violations, within 90 days,
  without any enforcement action.

• Free technical assistance from Maine DEP
  ME DEP offered technical assistance to help
  facilities implement pollution  prevention  practices, as
  well as training on ways to reduce operating and
  waste disposal costs, protect the environment,
    improve worker health and safety, and project a
    positive image to customers.

    A recognition program
    ME DEP recognized participants that self-certified as
    "Environmental Leaders" and provided them with a
    decal to display at their facility.  The state also
    highlighted these autobody shops on ME  DEP's
    web-site.

    Equipment giveaway
    ME DEP gave away LaserPaintm devices to the ten
    facilities that implemented the largest number of
    pollution prevention practices. LaserPaint(TM) is a
    spray paint gun attachment that maximizes paint
    transfer efficiency and therefore  reduces air
    emissions from spray painting.
Results
 ME DEP reports that it has achieved most of its
 program goals for the ERP Program, and that most
 auto body shops were very receptive to the ERP.  Auto
 body shop owners and operators appreciated DEP's
 assistance, as many of them were unaware of their
 regulatory responsibilities.  In addition, larger auto
 body facilities were pleased that the DEP was also
 visiting small to medium sized facilities, assuring that
 all facilities in this sector complied with regulations.

 ME DEP measured  the following changes in auto  body
 shop compliance with environmental requirements:
Table 1 - Changes in Compliance through Maine ERP
Type
Overall Compliance Rate
Compliance with Hazardous Waste
Requirements
Compliance with Waste Oil
Requirements
Compliance with Universal Wast
Requirements
Compliance with Air Pollution
Requirements
Average % Increase/
(Decrease)
10%
3.7%
3.4%
52.5%
(2.5%)

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  In addition, the number of shops going beyond
  compliance by incorporating voluntary pollution
  prevention measures and BMPs increased by an
  average of 11.6 percent. All environmental indicators
  related to water were voluntary measures, and thus
  are included in this statistic.

  It should be noted that, despite the fact that
  compliance with air pollution requirements
  decreased by an  average of 2.5 percent, the
  average rate  of compliance with these requirements
  remained high (ranging  between 87.4 and 92.7
  percent), even after this small decrease in the
  compliance rate.  The fact that one or two shops fell
  out of compliance during the ERP cycle slightly
  reduced what was an overall very high compliance
  rate. The auto body  industry's low compliance rates
  for air regulations in the past were the impetus for
  Maine DEP's ERP pilot, and will continue to be a
  focus as they expand their ERP initiative.

  Maine DEP hopes to expand its auto body ERP to
  include additional counties or even the entire state,
  with possibilities of also adding  a Stormwater ERP;
  and  making the ERP either a mandatory program or
  a voluntary program with threat of increased
  regulation for those facilities that do not participate.

Connection to  EPA's  Goals
  This program directly supports EPA's Strategic Goal
  #5, focused on compliance and environmental
  stewardship,  by promoting an innovative approach to
  improve compliance  and pollution prevention.  It also
  supports EPA's Strategic Goal  #3 by helping
  preserve and restore land through  improving the way
  waste is generated and managed; as well as the
  EPA's Cross-Goal Strategy  of promoting innovation
  and  collaboration with states.
               Project  Contacts:
                For more specific information on the Maine
                State Innovation Grant, please contact one of
                the individuals below:

                Julie  Churchill
                Maine Department of Environmental Protection
                Office of Innovation and Assistance
                Augusta, ME
                207.287.7881
                julie.m.churchill@maine.gov


                Marge  Miranda
                Project Officer
                U.S. EPA, Region 1
                Boston, MA
                617.918.1825
                miranda.marge@epa.gov

                Josh  Sedunda
                Technical Lead
                U.S. EPA, Region 1
                Boston, MA
                617.918.1736
                secunda.josh@epa.gov


                Scott Bowles
                U.S. EPA, Headquarters
                Washington, DC
                202-566-2208
                bowles.scott@epa.gov
              Program  Contact:
                Sherri Walker
                State Innovation Grant Program
                U.S. Environmental Protection Agency
                Washington, DC 20460 (MC1807T)
                (202)-566-2186; FAX (202) 566-2220
                walker.sherri@epa.gov
United States
Environmental Protection
Agency
Office of Policy,
Economics and Innovation
(1807T)
   February 2008
EPA-100-F-08-018

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