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Learn about the New York State Department of Environmental Conservation's initiatives to promote environmental excellence, including EMS, stakeholder input, and leadership programs.
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NYSDEC Efforts to Promote Environmental Excellence John M. Vana New York State Department of Environmental Conservation Pollution Prevention Unit Presented at 2005 Northeast Environmental Summit: Promoting Environmental Responsibility Providence, RI September 28, 2005
Agenda • Commissioner’s Policy (CP-34) on Environmental Management Systems (EMS) • Stakeholder Input • Current Thinking on NY Environmental Leaders
Commissioner’s Policy on EMS • Issued on April 5, 2004 • Available at www.dec.state.ny.us/website/ppu/ems/index.html • Policy focuses on three key areas: • Authorize PPU to develop an Environmental Leadership Program (ELP) • Using EMSs in Department Operations and Activities • Applying Environmental Performance Improvement Tools in Enforcement
Commissioner’s Policy on EMS • Environmental Leadership Program (ELP) • What? - Recognize and provide incentives to organizations that exhibit leadership qualities, have functional EMSs, and can demonstrate measurable performance improvements • Why? • Motivate the adoption of EMS, beyond compliance performance, pollution prevention, and sustainable business practices • Sustain high levels of performance in organizations that are currently environmental leaders • Make better use of our limited resources
Commissioner’s Policy on EMS 2. Using EMSs in Department Operations and Activities • What? – Develop a pilot program focused on the use of EMSs in Department operations • Why? • DEC facilities and operations have potential impact on the environment • Leading the regulated community by example • Next Steps • Target facilities to pilot the EMS concept (have begun this effort at the Godfrey Point Sign Shop in Region 6) • Evaluate the results of the pilot and develop recommendations for the future use of EMSs in DEC operations
Commissioner’s Policy on EMS 3. Applying Environmental Performance Improvement Tools in Enforcement • What? - DEE will develop options for the use of tools, such as EMSs, to not only resolve violations but to potentially improve overall environmental performance. • Why? • Deterring non-compliance solely through penalties has limits—we need more tools available • Violators can become leaders if we help build their capacity • Next Steps – Continue internal deliberations on draft program policy
NY Environmental Leaders Stakeholder Input • Stakeholder Survey to: • help guide the design of NY Environmental Leaders • identify discussion topics for stakeholder meetings
NY Environmental Leaders Stakeholder Input • Who Responded? – 46 completed survey
NY Environmental Leaders Stakeholder Input • How many tiers?
NY Environmental Leaders Stakeholder Input • Should entrance requirements differ based on an organization’s size? • Yes – 62.2% ; No – 37.8% • Should an EMS certified to ISO 14001 satisfy EMS requirements? • Yes – 57.8%; No – 42.2%
NY Environmental Leaders Stakeholder Input • How many years should be considered when assessing an applicant’s record of compliance?
NY Environmental Leaders Stakeholder Input • Should greater credit be given to improvements and commitments that address state, regional, or local priorities? • Yes – 56.8%; No – 43.2%
NY Environmental Leaders Stakeholder Input • How should DEC approach assurance? • Acceptable record of compliance • DEC Inspection (73) • 3rd party cert/assessment (69) • Cert. from facility management (35) • Acceptable EMS • 3rd party cert/assessment (59) • ISO 14001 cert. (52) • Cert. from facility management (41)
NY Environmental Leaders Stakeholder Input • How should DEC approach assurance? (cont.) • Members are meeting program requirements • DEC inspection (62) • 3rd party cert/assessment (60) • Cert. from facility management (43)
NY Environmental Leaders Stakeholder Input • Incentives – highpotential to motivate environmental leadership • Operational flexibility (1.3) • Expedited permitting (1.4) • Reduced regulatory fees (1.4) • Recognition (1.4)
NY Environmental Leaders Stakeholder Input • Incentives – mediumpotential to motivate environmental leadership • Reduced reporting requirements (1.5) • Tax incentives (1.5) • Handle violations with recognition that company is an env. leader (1.6) • Reduced environmental monitor fees (1.7) • Low priority for routine regulatory inspections (1.7) • Reduced monitoring for parameter that are non-detect for three consecutive months (1.8) • Allow NY Environmental Leaders to satisfy hazardous waste reduction reporting (1.8) • Priority for environmental grants or loans (1.9) • Prior notice of regulatory inspections (1.9)
NY Environmental Leaders Stakeholder Meeting Input • Program needs to enable leaders • Should be aligned with EPA’s National Environmental Performance Track • For compliance need to consider qualitative factors – i.e., pattern, type, corrective action, how discovered, scope of operations, change in leadership, etc. • Recognition is valued ---in some instances highly valued.
NY Environmental Leaders Stakeholder Meeting Input • Use a federated approach for incentives – agencies other than DEC can provide value • DEC response on compliance issues must be certain – need two way trusting relationship. • Need to get input from sales/marketing staff and smaller organizations; they will likely be looking for different types of incentives • Small businesses have special needs (i.e., marketing assistance, mentor/peer help, partner with trade groups, etc)
Current Thinking on the Design of NY Environmental Leaders • Three tiers: • Tier 1 – Focused on getting organizations committed to higher tiers • Tier 2 – Strong alignment with EPA’s National Environmental Performance Track; Entry at two levels – State and State/National • Tier 3 – Past participation in a leadership program; members assist Tier 1 participants; greater flexibility in commitments • Enforcement Response • Incentives
Contact Information John M. Vana New York State Department of Environmental Conservation Phone: (518)402-9490 Email: jmvana@gw.dec.state.ny.us