Pollution Prevention Regulatory Integration
For the past four and a half years, IDEM has made a concerted effort to incorporate pollution prevention more fully into its regulatory functions. Each month IDEM's Pollution Prevention Branch reviews the agency's first notices to determine if there are rulemaking activities that could benefit from incorporation of pollution prevention opportunities. One very successful project was the Indiana Styrene Rule which allowed industry to use pollution prevention methods to reduce emissions of styrene between 30 - 50%.
IDEM also received funding from the U. S. Environmental Protection Agency Pollution Prevention Incentive for States Grant to expand pollution prevention integration efforts at IDEM. With the help of the consulting firm Kerr, Greiner, Anderson and April, Inc., IDEM employed a multifaceted approach to its pollution prevention integration efforts. This approach involved developing a senior management steering committee; working with staff, branch, section, and office managers to identify potential pollution prevention (P2) integration projects; and winnowing 10 projects from a list of 36 proposed projects for implementation.
Goal
Implement, in coordination with the program offices, recommendations for specific pollution prevention integration goals and projects for the permitting, compliance assurance and enforcement programs.
Background
Four statutory provisions guide this effort:
- Per IC 13-27-2-6, OPPTA shall assist other governmental regulatory programs in devising standards, administrative rules, and permits based on goals and principles of pollution prevention. (IC 13-27-2-6);
- IDEM and OPPTA shall assist OAQ, OWQ, OE and OLQ in identifying, within planned and existing regulatory programs of IDEM, obstacles to pollution prevention and opportunities to promote and assist in pollution prevention. (IC 13-27-2-5);
- IDEM may not do the following:
- Incorporate documents, manuals developed pursuant to IDEM's pollution prevention program into rules;
- Adopt rules requiring business implementation of pollution prevention practices or of clean manufacturing (Note: This does not apply to authority granted under federal law to implement pollution prevention. (IC 13-27-7-2(a-d))).
- IDEM shall present pollution prevention as an option to businesses in any department actions. (IC 13-27-7-2(e)).
As a result of these provisions, IDEM must carefully balance competing statutory directives. It needs to present pollution prevention as an option in all of its actions but cannot require it unless implementing federal directives. It can create incentives for pollution prevention but must always leave a pollution control option. While some rules, especially air rules, essentially require pollution prevention because of federal regulations, any requirements beyond the federal requirements must have a strong independent air pollution motivation. Pollution prevention alone as a motivation is inadequate.
IDEM Employee P2 Training
During 2006, each IDEM employee was trained in the basics of pollution prevention and their role in promoting it. Cam Metcalf, director of the Kentucky Pollution Prevention Center, was hired to perform the training. Approximately 900 employees received the 90 minute training. Slides of the training are available.
Reinforced Plastic Composites Fabricating Rule
Styrene is a toxic chemical that evaporates quickly when exposed to air and is linked to a variety of human health and environmental problems. It is a hazardous air pollutant which U.S. EPA classifies as a possible human carcinogen and which also contributes to the formation of ground-level ozone. Styrene is used by manufacturers of fiber-reinforced plastic, a product used to produce recreational vehicles, campers, boats and truck caps. North central and northeastern Indiana are home to a large number of industries that manufacture fiber reinforced products. Facilities in five counties in these areas account for more than 80 percent of the styrene releases in Indiana. More than 40 percent of Indiana's styrene releases are reported in Elkhart County, one of the largest recreational vehicle manufacturing centers in the country.
In 1997, IDEM began a styrene reduction initiative focusing on pollution prevention techniques. By 2001, IDEM finalized a styrene rule with the assistance of the industry, which enabled them to use pollution prevention to reduce styrene emissions. The Clean Manufacturing Technology and Safe Materials Institute (CMTI) at Purdue University provided training and research to assist industry as the new technologies were implemented. Staff from CMTI trained more than 400 employees from 44 Indiana fiber-reinforced plastic manufacturing facilities. As a result of efforts undertaken by IDEM, CMTI, the industry and others, Indiana's styrene releases dropped from about 8 million pounds in 1996 to less than 5 million pounds in 2001.
Outreach in this industry sector continues. The National Emission Standards for Hazardous Air Pollutants for this sector were recently finalized. IDEM has been providing assistance to the industry on the new rule and is currently accepting comments on combining the state rule with the new federal rule for the same sector. CMTI's Coating Applications Research Laboratory has since been involved in developing factors for calculating styrene emissions for the industry and continues testing new clean manufacturing technologies to reduce styrene emissions.
Indiana's styrene efforts were recognized by the National Pollution Prevention Roundtable from 150 applicants as a project to appear in the P2 Regulatory Integration Case Study resource tool commissioned by U.S. EPA's Office of Pollution Prevention and Toxics. This successfuloutreach program has become an ongoing example of how regulators and industry can work together using pollution prevention to achieve measurable, cost effective results. Find out more information on Indiana's styrene initiative provided by IDEM's Compliance & Technical Assistance Program.
OPPTA PPIS Grant for P2 Integration
OPPTA obtained a $60,000 federal grant with a 50% matching requirement to implement a regulatory integration program consistent with the measure of success. OPPTA selected a leading national consultant to assist in the project. The consultant, Kerr, Greiner, Anderson, and April, Inc. executed a two year contract to employ a multi-faceted approach to IDEM's P2 integration efforts.
This approach involved developing a senior management Steering Committee working with staff, branch, section, and office managers to identify potential P2 integration projects; and narrowing 10 projects from a list of 36 proposed projects for implementation.
Project Strategy
- Develop a senior management steering committee to:
- become involved and drive the agency's P2 integration project;
- guide the development of initial recommendations and the implementationprocesses; and,
- maintain control of the project.
- Senior management steering committee works with OPPTA to develop media specific P2 regulatory integration recommendations. (See below for a set of draft preliminary recommendations).
- Senior management must support and provide resources for project development which include:
- providing staff and management (section or branch chief level) members to participate in specific P2 integration options for their program areas; and,
- require applicable staff members to participate in all integration activities.
- Senior management formally endorses the recommendations developed by the project development workgroups.
- Focus first on doing a few things very well.
Additional Information
- Pollution Prevention (P2) Resources for Inspectors
- IDEM P2 Regulatory Integration staff have identified resources that may assist facilities in their pollution prevention efforts. The following page identifies these sector-specific resources that compliance inspectors may provide to facilities while conducting an inspection.
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