NYSDEC Efforts to Promote Environmental Excellence

1. 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

2. Agenda • Commissioner’s Policy (CP-34) on Environmental Management Systems (EMS) • Stakeholder Input • Current Thinking on NY Environmental Leaders

3. 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

4. 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

5. 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

6. 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

7. New York Environmental Leaders

8. NY Environmental Leaders Stakeholder Input • Stakeholder Survey to: • help guide the design of NY Environmental Leaders • identify discussion topics for stakeholder meetings

9. NY Environmental Leaders Stakeholder Input • Who Responded? – 46 completed survey

10. NY Environmental Leaders Stakeholder Input • How many tiers?

11. 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%

12. NY Environmental Leaders Stakeholder Input • How many years should be considered when assessing an applicant’s record of compliance?

13. 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%

14. 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)

15. 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)

16. 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)

17. 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)

18. 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.

19. 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)

20. 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

21. Contact Information John M. Vana New York State Department of Environmental Conservation Phone: (518)402-9490 Email: jmvana@gw.dec.state.ny.us