Environmental Results Program
(ERP)
An Overview
The Environmental Results Program (ERP) is a performance-based
regulatory approach designed to improve environmental compliance and
performance in specific industry sectors. ERP is an effective way for states to
manage numerous small pollution sources that have potentially large cumulative
impacts. It is a multimedia approach to implementing environmental regulations
through a combination of sector-focused compliance assistance, self-
certification, enforcement, and statistically-based performance measurement.
ERP places accountability for environmental management on regulated
facilities - regulators educate facilities about their environmental impacts and
compliance obligations as well as best practices to alleviate potential adverse
impacts. Facilities are then asked to self-evaluate and certify compliance. By
conducting "before and after" inspections and applying statistical analysis,
regulators can verify compliance, measure and track environmental
performance, determine priorities, and leverage limited inspection and
enforcement resources.
State and local governments implement ERP in different ways. Some
states have adopted ERP as a mandatory program requiring self-certification of
all facilities in a sector. Some states have made it voluntary, encouraging
facilities to participate in order to obtain the benefits of compliance assistance
and the certainty of knowing their compliance status. In some cases, ERP has
been used as an alternative to permitting for large numbers of small facilities.
What are the key elements of ERP?
The following key elements of ERP and their associated tools are directly linked.
Multi-media compliance assistance by regulatory agencies through
compliance assistance workshops and plain language workbooks
and checklists
Self-certification of compliance by businesses
Statistically-based environmental performance measurement
through baseline inspections and post-certification inspections at
randomly selected facilities, as well as through targeted inspections and
evaluation of sector-specific indicators to track performance and
compliance.
Compliance assurance and enforcement is an integral part of ERP that
underlies all three of these key elements.
States have initiated or implemented ERP in the following sectors:
Autobody/Repair
Auto salvage yards
Dental facilities/Mercury
Dry cleaning
Oil/Gas Extraction Wells
Photoprocessing
Printing
Underground storage tanks/
Retail gasoline sales
States are also exploring the possible application of ERP to emerging sectors
such as animal feeding operations (AFO) and underground injection control
(UIC) wells.
What States have initiated or implemented ERPs?
Delaware
Florida
Illinois
Indiana
Louisiana
Maine
Massachusetts
Michigan
Minnesota
Nevada
New Hampshire
New Jersey
Rhode Island
Vermont
Virginia
Wisconsin
Why ERP?
Many states have initiated or are planning to implement the
Environmental Results Program (ERP), because it helps regulators
reduce public and environmental health risks by:
Assuring environmental compliance;
Enhancing and measuring environmental performance;
Using limited resources more effectively;
Creating partnerships among regulators and small
businesses; and
Building a sustainable system for regulatory oversight.
ERP can also help small businesses by:
Aiding owners/operators' understanding of all applicable
environmental regulations;
Improving facility compliance with the regulations; and
Educating owners/operators in pollution prevention and best
management practices.
ERP Elements
Self-certification
. Sector standards
2b. Applicability statements
2c. Self-certification forms
2d. Return to compliance plans
Traditional Tools
Regulations
nspections
Performance
Compliance
Assistance
Measurement
3a. Environmental Business Practice Indicators
3b. Statistical analysis
3c. Use of outcomes to target actions
3d. Reporting Results
1a. Compliance assistance workbooks
1b. Compliance assistance workshops
The District of Columbia and Maryland have used some of the ERP elements
and tools, and additional states are exploring ERP.
NCEI
NATIONAL CENTER FOR
ENVIRONMENTAL INNOVATION
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How does ERP work?
The Environmental Results Program (ERP) Process
PRE-ERP
BASELINE
ASSESSMENT &
COMPLIANCE
ASSISTANCE
TOOLS
Statistical Methodology"
STATE
COMPLIANCE
ASSISTANCE TO
FACILITIES
-Workbooks
-Workshops
COMPLIANCE
ASSISTANCE
Environmental
Business
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Indicators
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COMPLIANCE
CHECKLIST
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STATE CONDUCTS TARGETED AND RANDOM INSPECTIONS TO
DETERMINE CHANGES IN ENVIRONMENTAL PERFORMANCE
AND COMPLIANCE STATUS
STATE EVALUATES SECTOR AND FACILITY PERFORMANCE
USING RESULTS OF SELF-CERTIFICATIONS AND INSPECTIONS
(BASELINE, RANDOM, AND TARGETED INSPECTIONS)
PROCESS REPEATS
IF NECESSARY, STATE REVISES COMPLIANCE ASSISTANCE,
INSPECTION PROTOCOLS, AND LEVEL OF OVERSIGHT
How does ERP measure and track results?
Regulators evaluate facilities' compliance with environmental
requirements (e.g. weekly leak detection by dry cleaners) through
a comparison of information collected before and after they have
completed ERP self-certification. This information is collected
through self-certification questions and inspections, allowing
regulators to evaluate the environmental performance and
compliance of individual facilities as well as whole business
sectors. Regulators also include questions about facilities' use
of pollution prevention practices that go beyond compliance (e.g.,
posting signs above sinks warning employees about the
dangers of pouring toxic chemicals down sinks). Self-
certification based on key compliance and pollution prevention
questions, validated by before and after inspections comprises
an ERP tool called Environmental Business Practice Indicators
(EBPIs). EBPIs are used to:
Calculate facility and sector compliance "scores" before
and after ERP compliance assistance outreach and
certification;
Determine the statistical significance of changes in
specific environmental indicators for individual
facilities or for groups of facilities, and
Evaluate the accuracy of self-certification forms
submitted by ERP facilities.
The Massachusetts Department of Environmental Protection (MA
DEP) was the first state to pioneer the ERP compliance assur-
ance approach in 1997. MA DEP developed EBPIs as a way to
measure the percent increase or decrease in performance of
individual facilities and of whole business sectors. The ERP
approach enabled MA DEP to assure and track compliance
annually and to reveal tangible environmental results based on
the average increase (or decrease) in EBPI performance. EBPI
performance for selected outcomes across certain small
business sectors statewide produced the following results:
A 38% increase in performance for the EBPI of meeting
2ppm silver discharge for photoprocessors. MA DEP can
now account for 98% of all silver generated for this
sector.
An 8% increase in performance for the EBPI of being in
compliance with the press cleanup solution
requirements for printers. When applied to the entire MA
printer universe, this is equivalent to a 4.0 ton reduction
in VOCs.
A 33% increase in performance for the EBPI of performing
proper leak detection weekly for dry cleaners. MADEP
estimates that this equates to more than 22 tons of
perchloroethylene emissions reduced.
These estimates are based on average facility EBPI performance
applied across entire sectors as appropriate across the state.
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Contact Information
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EPA Resources
How do states start an ERP?
ERP is a state-initiated and state-managed program that the U.S.
Environmental Protection Agency (EPA) supports through a range
of technical and financial resources. State regulators interested
in potentially planning and implementing an ERP are invited to
contact any of the ERP state contacts on the ERP State Activities
chart or the EPA contact in this publication. Some
recommendations for states considering an ERP include:
Learn more about ERP from states implementing the
program and take advantage of EPA's ERP resources;
Assess which business sector is both a priority and is
well-suited to an ERP approach in your state;
Involve internal and external stakeholders throughout the
ERP planning process (e.g., cross-agency staff, trade
associations, individual businesses, vocational/trade
schools, etc.) even in the early stages;
Ensure adequate management commitment and funding
to undertake an ERP in the business sector considered
for an ERP; and Identify agency information technology (IT)
resources that can ensure ERP data management needs
are met.
The ERP Roadmap is a tool that many states have found useful
when developing an ERP. It can be found on the ERP website
provided below.
EPA Assistance
EPA provides a range of technical and financial resources to
support ERP projects. This assistance is available through
several mechanisms:
Publications
These publications and other helpful resources are available on
the ERP website:
ERP User's Guide for Government Agencies
A Generic Guide to Statistical Aspects of Developing an
Environmental Results Program
ERP Roadmap providing guidance on how to develop an ERP
ERP fact sheets focusing on states' progress in
implementing ERP in specific sectors:
o Underground Storage Tanks
o Automotive Repair Shops
o Dry Cleaners
EPA National Model UST ERP Workbook in paper and
electronic versions
Guide to Data Management for the Environmental Results
Program.
EPA Contact
Scott Bowles
US EPANational Center for Environmental Innovation
Office of Policy, Economics and Innovation
202-566-2208
bowles.scott@epa.gov
ERP Website
http://www.epa.aov/permits/erp
State Innovation Grant Program
http://www.epa.gov/innovation/stategrants:
OSWER Innovation Pilots Program
http://www.epa.gov/oswer/iwg:
Project planning through contractor assistance;
Invitational travel support for state-to-state exchange of
experience and technical knowledge;
Technical document preparation
(e.g., guidance, workbooks, fact sheets, contractor support);
Coordination among EPA Headquarters and Regional
Offices; and
ERP website
http://www.epa.gov/permits/erp.
United States
Environmental Protection
Office of Policy,
Economics and Innovation
August 2005
EPA-100-F-05-026
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