SEPA
Environmental Results Program
(ERP)
Business Sector Fact Sheet:
Dry Cleaners
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.
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.
To which sectors is ERP being applied?
States have initiated or implemented ERP in the following sectors:
• Autobody/Repair • Auto salvage yards
• Dry cleaning • Photoprocessing
• Printing . Dental facilities/Mercury
• 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.
Dry Cleaning Sector
The dry cleaning industry is subject to both federal and
state environmental regulations pertaining to air, water,
and solid and hazardous waste generation. This sector
mainly consists of a large number of small businesses,
which use a range of chemicals and cleaning methods,
including perchloroethylene (perc), petroleum
(hydrocarbons), carbon dioxide, silicone-based cleaning,
and "wet" cleaning. Environmental and public health risks
can be introduced if some of these chemicals are
released (e.g., via process leaks or fugitive emissions),
depending on the amount of emissions as well as the
route and duration of human exposure to them. Small dry
cleaning facilities are found as "free-standing" operations
as well as "co-residential" operations located within
urban apartment buildings. Many small business dry
cleaner owners and/or operators have limited resources
for understanding environmental and health risks as well
as federal and state regulations to control them. Thus,
while a small free-standing dry cleaning shop may
present a relatively low environmental and health risk on
its own, the risks presented by the sector as a whole
can be significant due to the cumulative impacts of a
large number of small facilities. Regulators recognize
these challenges, while they are also faced with limited
inspection and enforcement resources.
Through ERP (compliance assistance, self-certification,
and statistically-based performance measurement)
regulators can better target and leverage their limited
resources while also minimizing the overall environmental
and health impacts of the dry cleaning sector. The states
of Massachusetts and Michigan, with 660 and 940 dry
cleaners respectively, are at different stages of
developing and implementing ERPs that assist small dry
cleaning facilities in understanding and complying with
environmental regulations. A goal common to both
programs is to improve sector-wide compliance and
environmental performance through a systematic and
information-driven approach to regulatory oversight. The
State of New Hampshire is also exploring the
development of an ERP for dry cleaners.
Highlights of ERPs for small dry cleaners in
Massachusetts and Michigan are provided in this fact
sheet.
Massachusetts
Michigan
Minnesota
New Hampshire
Rhode Island
Wisconsin
The District of Columbia and Maryland have used some of the ERP elements and
tools, and additional states are exploring ERP.
NCI
NATIONAL CENTER FOR
ENVIRONMENTAL INNOVATION
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Massachusetts Department of Environmental Protection
Environmental Results Program - Dry Cleaning
Background
In 1997 the Massachusetts Department of Environmental
Protection (MADEP) realized their Ozone Attainment goals
under National Ambient Air Quality Standards (NAAQS) were
not being achieved. MADEP estimated that numerous small
pollution sources (approximately 30,000) were creating a
significant environmental impact. Faced with a shrinking
budget and limited staff resources, MADEP's Bureau of Waste
Prevention asked two key questions of its work: 1) How does
MADEP most effectively and efficiently regulate large groups
of facilities or activities with its limited resources; and 2) How
does MADEP know that its compliance assurance efforts
(permits, inspections, compliance assistance, enforcement,
etc.) yield environmental performance improvements?
Building on successful multimedia- and pollution prevention-
based approaches, MADEP developed the Environmental
Results Program to address these questions. The program
was to function as a performance-based approach to
controlling pollution in the regulated community (e.g., dry
cleaners) through less-prescriptive means than traditional
approaches. Due to the ERP program, MADEP has
established an accurate baseline "universe" of dry cleaning
facilities and since 1997 can account for over 95% of all dry
cleaning facilities in the state (compared to 10% prior to
implementing ERP).
MADEP developed a range of materials and tools to drive and
measure environmental performance through ERP. They
include sector-specific compliance assistance workbooks
written in plain language, the self-certification process and
workshops, and a statistical approach to measure
environmental performance. The statistical approach to
performance measurement is based on sixteen sector-
specific indicators of environmental business practices, also
known as Environmental Business Practice Indicators or
EBPIs (e.g., facility has emergency procedures in place). As
measured by EBPIs, MADEP has documented overall sector-
wide improvements in environmental performance. These
materials and approaches have subsequently been shared
with other states to use or consider as models.
After developing and implementing the core ERP elements of
compliance assistance, self-certification, and performance
measurement, MADEP began annual certification in three
sectors: dry cleaners, photo processors, and printers.
Status and Program Updates
In 1996 the industry average baseline score for
environmental performance in the dry cleaning sector
(incorporating all sixteen EBPIs) was 84%, and by 2002
it rose to 98%.
Between 1996 and 2000, compliance improvements in
weekly leak detection by dry cleaners were estimated
to have reduced perc emissions by 22.5 tons.
By 2004, MADEP had completed their eighth annual
certification of dry cleaners and photo processors
and their seventh annual certification for printers.
They had also developed ERPs for additional
industry sectors.
In order to streamline paperwork processing (e.g.,
registration, compliance certification, reporting),
MADEP has taken deliberate steps to automate the
ERP process and data collection. In 2004, the first
year of electronic filing, MADEP received 60% of its
certifications on-line.
Upcoming Milestones
MADEP is currently beta testing improvements to its
automation system that will enhance: 1) management and
analysis of inspection data, 2) statistical analysis of
environmental performance data, 3) analysis of environmental
outcomes, and 4) graphical presentation of environmental
performance results.
MADEP Contact:
Steven DeGabriele, Director
Business Compliance Division
617-556-1120
steven.degabriele@state.ma.us
http://www.mass.gov/dep/erp
EPA Contact:
Beth Termini
EPA Region I
617-918-1662
termini.beth@epa.gov
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Michigan Department of Environmental Quality
Michigan Environmental Results Program for the Dry Cleaning Sector
Background
In 2004 the Michigan Department of Environmental Quality
(MDEQ) began developing a multimedia (e.g., air, water, and
waste) regulatory inspection program for the small business
dry cleaning sector, utilizing the ERP approach of compliance
assistance, self-certification, and performance
measurement as an alternative to traditional state permitting
programs. The Michigan Environmental Results Program
(MERP) could, for example, be proposed to replace state
permitting programs related to National Emission Standards
for Hazardous Air Pollutants (NESHAP) for small (area
source) dry cleaning facilities that use perchloroethylene or
petroleum solvents. To further promote compliance across
the sector, MDEQ is also planning to incorporate community
involvement, application of business incentives, and
electronic self-certification and reporting into its ERP
program. Through MERP, MDEQ plans to leverage internal
and external resources, including partnership with USEPA
Region V, local trade associations, community organizations,
businesses, and economic development agencies.
MDEQ received a State Innovation Grant (SIG) from USEPA to
develop and pilot its dry cleaning ERP as a voluntary program.
MDEQ is developing this program to aid owner/operator
understanding of all applicable environmental regulations in
the dry cleaning sector, to improve facility compliance with
these regulations, and to enhance sector-wide use of pollution
prevention activities and best management practices. MDEQ
also hopes to aid the development and transfer of useful
template ERP materials to other sectors and states as it builds
on similar materials and experience shared by MADEP.
Status and Program Updates
An internal MDEQ stakeholder workgroup for
MERP has been established.
MDEQ has drafted a list of regulatory flexibility
options, which it is exploring with USEPA.
Upcoming Milestones
In 2005 MDEQ plans to develop compliance assistance tools
transferable to other states, including a self-assessment
checklist and workbook for facilities, multimedia inspector
checklists, industry self-certification forms, and other
materials. To maximize efficiency in processing MERP data,
reports, and paperwork, a database system will also be built.
In addition, MDEQ will develop a series of performance
measures and criteria. In 2006 MDEQ plans to perform
baseline inspections and introduce MERP compliance
assistance tools to inspectors. All tools and materials will be
provided to dry cleaners through compliance assistance
workshops around early 2007. Facilities will then complete
compliance self-certification forms as well as any return to
compliance plans (to correct deviations) and submit them to
MDEQ for review and analysis. Post-certification
inspections will follow.
MDEQ Contact:
Teresa L. Kinder, Senior Environmental Engineer
Environmental Science and Services Division
517-373-9283
kindert@michigan.gov
EPA Contact:
Marilou Martin
EPA Region V
312-353-9660
martin.marilou@epa.gov
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EPA Assistance
EPA provides a range of technical and financial resources to
support ERP projects. This assistance is available through
several mechanisms:
• 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.
A list of State ERP projects and contacts is available on
the ERP website.
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:
Hyatt Nolan
National Center for Environmental Innovation
Office of Policy, Economics and Innovation
202-566-2236
nolan.hyatt@epa.gov
ERP Website:
http://www.epa.gov/permits/erp
United States
Environmental Protection
Agency
Office of Policy,
Economics and Innovation
(1807T)
August 2005
EPA-100-F-05-029
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