Ohio EPA Pollution Prevention Strategy Summary
INTERIM FINAL
September 30, 1994
Ohio Environmental Protection Agency
Office of Pollution Prevention
122 South Front Street
P.O. Box 1049
Columbus, Ohio 43216-1049
(614) 644-3469 phone
(614) 644-2087 FAX
Send comments about the pollution prevention information on the Ohio EPA WWW home page to: hao.dong@epa.state.oh.us.
Send comments about the Ohio EPA Pollution Prevention Strategy Summary to: anthony.sasson@epa.state.oh.us
Acknowledgements
This document was prepared under a federal fiscal year 1994 Resource Conservation and Recovery Act (RCRA) Great Lakes Initiatives grant from U.S. EPA to Ohio EPA, Office of Pollution Prevention. It is a revision of the September 1993 document prepared under a similar grant. We are grateful to the Ohio EPA staff that participated in the development of the strategies for their respective Programs and Divisions:
Division of Air Pollution Control
Division of Drinking and Ground Waters
Division of Emergency and Remedial Response
Division of Environmental and Financial Assistance
Division of Environmental Services
Division of Hazardous Waste Management
Division of Solid and Infectious Waste Management
Division of Surface Water
Legal
Ohio Environmental Education Fund
Public Interest Center
We especially thank the members of the Division of Surface Water's Pollution Prevention Task Team for their proactive approach and leadership in the development of their Division's strategy.
We appreciate the efforts of the staff of the Office of Pollution Prevention to develop the comprehensive strategy sections, to review the many sections of this report, and to compile these sections into a single cohesive document.
We would also like to thank those from other state environmental agencies who provided information about their own pollution prevention efforts.
Finally, we especially appreciate the support of U.S. EPA, Region V, Office of RCRA, for funding this project to improve the status of the Lake Erie basin, as well as the rest of the state of Ohio, through pollution prevention.
The agency shall ... administer the laws pertaining to ... the prevention ... of air and water pollution. -- Ohio Revised Code 3745.01
The best way to have a good idea is to have a lot of ideas. -- Linus Pauling
I skate to where I think the puck will be. -- Hockey great Wayne Gretzky on strategy
Note: The Ohio EPA Pollution Prevention Strategy Summary is a shortened version of the Ohio EPA Pollution Prevention Strategy. This document includes only the briefest outline of each chapter of the Strategy. The Summary should be used as a guide to the 247 page Ohio EPA Pollution Prevention Strategy, a copy of which can be obtained by contacting the Office of Pollution Prevention.
Table of Contents
Part One: Comprehensive Ohio EPA Activities
Introduction
Improving the Lake Erie Basin
Funding
Economic Incentives
Incentives Programs
Rules and Policies
Multi-Media Issues
Permits
Inspections
Enforcement
Information Clearinghouse
Technical Assistance
Education and Outreach
Training of Ohio EPA Employees
Legislation
Data Integration
Agency Operations and Structure
Part Two: Program and Division Strategies
Office of Pollution Prevention
Division of Air Pollution Control
Division of Drinking and Ground Waters
Division of Emergency and Remedial Response
Division of Environmental and Financial Assistance
Division of Environmental Services
Division Of Hazardous Waste Management
Division of Solid and Infectious Waste Management
Division of Surface Water
Legal Section
Ohio Environmental Education Fund
Public Interest Center
Each chapter of the Ohio EPA Pollution Prevention Strategy Summary contains a brief description of Program or Division activities followed by an activity timeline. Program and Division activities have been placed in one of three categories. Activities in the Present category are currently occurring. Activities in the Planned category are presently being considered and, if adopted, will be enacted in the near future. Activities in the Future category are in the planning stages, but if enacted, may not occur for a year or more in the future.
Part One: Comprehensive Ohio EPA Activities
Introduction
The immediate future presents an opportunity for Ohio and the Ohio Environmental Protection Agency (Ohio EPA) to make the transition from an environmental management system based predominantly on pollution control to one based on pollution prevention. Over the past several years, the concept of pollution prevention has grown in acceptance by business, government, and the public. While much of the activity has occurred outside of environmental agencies such as Ohio EPA, there is increasing recognition that Ohio EPA can play a greater role in making pollution prevention happen. In the 1990s, pollution prevention is expected to become a standard part of U.S. Environmental Protection Agency (U.S. EPA) and state agency functions. The Ohio EPA Pollution Prevention Strategy will explain current and planned Agency and Division efforts as well as propose additional pollution prevention activities.
The Strategy was developed through the funding support of U.S. EPA, specifically a grant through Region V to the Ohio EPA Division of Hazardous Waste Management under the Resource Conservation and Recovery Act (RCRA) Grant Work Plan FY '93 and FY '94. This grant emphasized Great Lakes Basin Activities. Ohio EPA developed the Strategy with the intent of improving the quality of Lake Erie and its Ohio drainage basin. Lake Erie is discussed in detail in its own section of the document. However, most of the practices discussed and proposed in the Strategy may be applied throughout Ohio.
The Strategy includes two parts. The first is a comprehensive overview of Ohio EPA activities that are, will be, or could be pollution prevention. The second part provides program-specific pollution prevention strategies. The comprehensive overview includes all sections from "Introduction" through "Data Integration." It includes content applying to the entire Ohio EPA and, where appropriate, to specific parts of the Agency. The second part of the Strategy provides the initial strategies for the Agency's Programs and Divisions.
This Summary does not necessarily represent the final version of any Ohio EPA activity in any particular area. Ohio EPA's pollution prevention activities are dynamic and are subject to policy, funding, or other priorities.
Ohio EPA's Office of Pollution Prevention (OPP) was responsible for the compilation of this document and is mentioned throughout. OPP expects to participate in the development of all activities described in the comprehensive part of the Strategy.
Ohio has developed The State of Ohio Pollution Prevention Strategy which outlines pollution prevention goals for all parts of state government and the state as a whole, beyond Ohio EPA. Ohio EPA strongly supports the State Strategy and attempts to address all appropriate issues specified in the State Strategy within this Ohio EPA Strategy, as well as many others.
Goals and Objectives of a Strategy
What is a pollution prevention strategy? The Strategy is a blueprint for the comprehensive integration of pollution prevention into Ohio EPA's activities. The intent of the Ohio EPA Pollution Prevention Strategy is to make the transition from an agency with a predominantly pollution control approach, to one that always considers prevention. The Strategy will help to accomplish the following items:
- Clarify the possibilities for integrating pollution prevention into Ohio EPA activities.
- Improve Agency services and relations with business, the regulated community, and the public.
- Bring about compliance with the Agency's Mission Statement and Goals adopted in 1991.
- Address the goals of U.S. EPA under its Pollution Prevention Strategy.
- Ensure coordination with U.S. EPA on pollution prevention, fiscal, regulatory, and other issues.
- Serve as a baseline measurement of progress in Agency pollution prevention integration.
Benefits of Pollution Prevention
Ohio EPA's definition of pollution prevention is the use of source reduction techniques in order to reduce risk to public health, safety, welfare, and the environment and, as a second preference, the use of environmentally sound recycling to achieve these same goals. Pollution prevention avoids cross-media transfers and is multi-media in scope.
The potential benefits of pollution prevention are numerous and have been the major driving force behind its success. Such benefits can occur in the areas of the environment, health, economics, regulations, liability, and public image.
Pollution prevention has great economic benefits with the potential to enhance Ohio and U.S. business' competitiveness and efficiency. Cost savings can include:
- Reduced waste and emissions collection, treatment, and disposal costs
- Reduced transportation costs
- Reduced compliance costs for permits, monitoring, and enforcement
- Reduced production costs through better management
- Income derived through sale or reuse of waste
- Reduced costs for raw materials and losses for scrap generation
Ohio has a clear need for pollution prevention. This Summary presents activities, proposes expansion and improvement of these activities, and proposes further efforts. For the more complete version of the activities detailed in the Summary, please refer to the full-text Ohio EPA Pollution Prevention Strategy.
Improving the Lake Erie Basin
Lake Erie is an important resource to basin inhabitants and a very vital ecosystem to a wide variety of plant and animal species. The purpose of Ohio EPA's Pollution Prevention Strategy is to maintain or enhance the environmental quality of the Lake Erie basin by reducing the generation of hazardous and non-hazardous wastes. Ohio EPA expects the development, integration, and application of the Ohio EPA Pollution Prevention Strategy to significantly modify and improve Ohio environmental programs, by helping make pollution prevention the standard for addressing issues in the Lake Erie basin. By focusing on the multi-media reduction of waste, it will be possible to achieve an overall reduction rather than shift waste from one medium to another. The Strategy also will facilitate the implementation of projects which are already in the planning stages, such as the Agency-wide use of pollution prevention in enforcement settlements and permits. Water quality, toxics, air pollution, and multi-media activities related to Lake Erie are briefly discussed below.
Water Quality
Several areas, specifically focusing on water quality, have potential for pollution prevention incorporation or expansion. These include Remedial Action Plans (RAPs), nonpoint source pollution programs, the Great Lakes Water Quality Initiative, and Lakewide Management Plans.
Remedial Action Plans
RAPs are Ohio EPA's programs for restoring and protecting the beneficial qualities of Areas of Concern (AOCs) along Lake Erie and the Maumee, Ashtabula, Black, and Cuyahoga Rivers. RAPs involve developing remedial plans based on an ecosystem approach rather than a medium by medium approach.
Nonpoint Source Pollution
Many components of Ohio EPA's present nonpoint source pollution program represent pollution prevention. It focuses on the elimination of pollution sources and recognizes that it is more efficient and effective to prevent releases than clean up pollution after it has been created. Although Ohio EPA and the State of Ohio already have strong nonpoint source (NPS) pollution programs, there is still a great deal to be accomplished.
Great Lakes Water Quality Initiative
The Great Lakes Water Quality Initiative (GLWQI) is a program being undertaken by U.S. EPA in conjunction with the Great Lakes States to develop uniform water quality standards and implementation procedures for all dischargers in the Great Lakes Drainage basin.
Lakewide Management Plans
In response to concerns over toxic discharges to the Great Lakes, the Great Lakes Water Quality Agreement (GLWQA) was amended in 1987 to focus on reducing surface water discharges of persistent, bioaccumulative toxics. To achieve this, the GLWQA mandates development and implementation of a Lakewide Management Plan (LaMP) for each of the Great Lakes. The Lake Erie LaMP is currently being planned and developed.
Hazardous and Toxic Substances
Programs which focus on the reduction of hazardous waste and other wastes include enforcement settlements, the Toxic Chemical Release Inventory, the 33/50 Program, and the Pollution Prevention Action Plan for the Great Lakes.
- Enforcement settlements include pollution prevention conditions as Agency policy.
- The TRI requires reporting facilities to document their pollution prevention activities.
- The 33/50 Program has a goal of reducing toxic chemicals reported by 50% by the end of 1995.
- U.S. EPA's Pollution Prevention Action Plan for the Great Lakes has been reviewed by Ohio EPA and recommended as an outstanding vehicle for increasing pollution prevention activity.
Air Pollution
Studies have shown that atmospheric deposition can account for as much as 90 percent of the loadings, to some of the lakes, of such pollutants as PCBs, DDT, lead, and benzo(a)pyrene. Some of the air pollution control programs which may be enhanced by Ohio EPA's Pollution Prevention Strategy include, but are not limited to:
- The Title V Small Business Stationary Source Technical and Environmental Compliance Assistance Program
- The Great Lakes Regional Air Toxics Emission Inventory
- The Great Lakes Air Regulatory Agencies' Air Toxics Monitoring/Research Coalition
- The Great Lakes States Air Permitting Agreement
Scientific information has indicated for some time that Lake Erie's contamination emanates from a variety of sources. The focus of pollution prevention on multi-media reductions will help to reduce overall releases to the Lake Erie basin, rather than shifting pollutants from one medium to another as has been done in the past.
Funding
In order for the Strategy and subsequent efforts to receive the necessary priority, the Ohio EPA must have access to adequate funding. It is clear that funding specific to pollution prevention is essential. It must not only support the Agency employees' time, but it also must direct this time toward prevention activity. The Ohio EPA must create an aggressive strategy for the acquisition of this funding as well as funding from Ohio sources.
Present
- Ohio EPA OPP has received Great Lakes Initiative funding through the U.S. EPA RCRA grant for FY '95.
- State FY '95 General Revenue Fund money has been allotted to match federal grant money for expanded pollution prevention projects and additional staff in the Office of Pollution Prevention and Ohio EPA Divisions.
- Some Ohio EPA pollution prevention activities have been supported through the Hazardous Waste Facility Management State Special Revenue Fund which receives a portion of the penalties collected by the Division of Hazardous Waste Management.
- OPP will receive a Pollution Prevention Incentives for States grants for FY '95.
- An Ohio Environmental Education Fund grant has been awarded to the Division of Surface Water to study pollution prevention and combined sewer overflows.
- A U.S. EPA, GLNPO, grant has been awarded to the Division of Surface Water for pollution prevention in pretreatment activity in FFY '94 and '95.
Future
- The State of Ohio should increase the General Revenue Fund money used to support Ohio EPA pollution prevention activities.
- Ohio EPA should research State Special Revenue Funds as a potential source of funding to support pollution prevention activities Agency-wide.
- The Ohio Environmental Education Fund should continue awarding pollution prevention education and training grant funding. Ohio EPA should pursue this funding.
- U.S. EPA has outlined the FY '94 State Grant Guidance for integration of pollution prevention into state programs supported through federal grants. Since most Ohio EPA programs receive some sort of federal support, programmatic Divisions should include pollution prevention in their planned activities when appropriate.
- Ohio EPA should pursue further funding from the Great Lakes National Program Office for pollution prevention activities.
- Ohio EPA should develop a Farm*A*Syst program to support nonpoint source pollution prevention goals throughout the state and supplement present programs.
- Ohio EPA qualifies to receive Two Percent Set Aside funding. The Agency should encourage U.S. EPA to continue programs such as this, and seek such funding for Ohio EPA pollution prevention activities.
- Ohio EPA should support the adoption of pollution prevention core funding.
- Ohio EPA should pursue Great Lakes Protection Fund money for pollution prevention activities.
- Ohio EPA should consider supplementing funding for its nonpoint source pollution program by submitting proposals for Lake Erie Protection Fund research projects and other sources.
- Ohio EPA should improve its system for tracking spending on pollution prevention activities.
Economic Incentives
Economic barriers, regulatory barriers, and a lack of information are frequently cited as reasons why business and industry do not more actively embrace a pollution prevention approach to environmental protection. Both economic incentives and disincentives can also be used as a means to induce changes in business and industry by making the old ways of doing business more expensive. Economic incentives and disincentives must be directed toward making changes more attractive to a business or industry.
Incentives
Present
- Section 6111.31 of the Ohio Revised Code (ORC) gives the director of Ohio EPA authority to issue an industrial water pollution control certificate that will have the effect of exempting the holder from certain taxes. This application may cover appliance(s), equipment, machinery, and structure(s) used in an industrial water pollution control facility. Pollution prevention investments are not specifically recognized by this provision, but they are not necessarily excluded.
- Sections 5709.20 through 5709.27 of the Ohio Revised Code gives facilities the opportunity to apply to the tax commissioner for an air or noise pollution control certificate. The certificate will have the effect of exempting the holder from certain taxes. Pollution prevention investments are not specifically recognized by this provision, but they are not specifically excluded.
- U.S. EPA's Small Business Innovations Research (SBIR) program awards grants to science-based and high technology small businesses to be used for research in scientific and engineering areas.
- The Agriculture in Concert with the Environment (ACE) program, a joint U.S. EPA and U.S. Department of Agriculture grant program, promotes pollution prevention activities in agriculture through grant funding.
- The National Industrial Competitiveness through Energy, Environment, and Economics grant program encourages energy efficiency and promotes pollution prevention in industry.
- Ohio has three programs for making loans to business, industry, and subdivisions of state government which could, but do not specifically, encourage pollution prevention.
Future
- Where appropriate, Ohio EPA should make clear that, for the purpose of the industrial water pollution control certificate, pollution prevention investments at industrial water pollution control facilities are eligible for tax relief.
- If a redefinition of ORC 6111.31 is not possible, then Ohio EPA should seek a change in the statute to include pollution prevention and/or lower the amount of tax credits that facilities receive for implementing pollution control measures as compared to pollution prevention measures.
- Ohio EPA should inform the tax commissioner of the pollution prevention techniques the Director would find acceptable for reduction of air and noise emissions and therefore eligible for a pollution control certificates.
- Ohio EPA should encourage application by business and industry for an air pollution control certificate for pollution prevention projects.
- Ohio EPA should seek a change in ORC statutes 5709.20 through 5709.27 to make pollution prevention projects eligible for certification and/or lower the amount of tax credits granted for facilities implementing control measures.
- If necessary, Ohio EPA should seek legislation that establishes a tax exemption program for pollution prevention projects undertaken by business and industry.
- Ohio EPA should investigate using Section 3734.121 of the ORC to make grants for pollution prevention projects if an adequate funding source could be developed.
- Ohio EPA should develop a revolving loan program to encourage pollution prevention projects by small and medium sized businesses and industries.
- The Division of Environmental and Financial Assistance (DEFA) of Ohio EPA should continue to develop alternatives to incorporate stronger pollution prevention practices into community conservation plans.
- Ohio EPA should inform insurance companies that serve Ohio business and industry of the risk reduction benefits of pollution prevention and encourage reasoned reductions in premiums for companies with pollution prevention programs.
- Ohio EPA should investigate the application of an emissions trading program to address environmental releases and specifically encourage pollution prevention.
Disincentives
Present
- Fees are currently charged for permit submission and review by the Ohio EPA.
- State and local governments charge fees for air pollutant emissions, sewage disposal, use of public water supplies, and solid and hazardous waste disposal.
Future
- Ohio EPA should investigate the extent to which current taxes and fees affect the way decisions are made by business and industry to address environmental requirements. This information should be used to reform the process of setting fees and taxes to reflect the true cost of waste management, discourage management practices that only control waste after it is generated, and encourage pollution prevention.
- Ohio EPA should ensure that any taxes or fees charged for environmental releases should be tied to actions meant to inform and encourage business and industry to implement pollution prevention programs.
Incentives Programs
Voluntary and incentive-based pollution prevention programs offer businesses and other waste generators both economic and non-monetary benefits. Obvious reductions in waste disposal costs provide direct incentives. Less obvious are benefits such as reduced regulatory burden and improved company image. Regardless of the motivation, voluntary pollution prevention programs have shown positive results and have helped foster a change from adversarial to partnership-oriented relationships between the regulated community and government agencies.
Present
- Ohio EPA continues to promote federal incentives programs wherever appropriate.
- Ohio EPA is continuing the Governor's Awards for Outstanding Achievement in Pollution Prevention.
- Ohio EPA will continue to actively promote Ohio Pollution Prevention 2000 and specifically Ohio Prevention First. This program seeks voluntary reduction in releases and transfers of all toxic chemicals and generation of hazardous wastes through the development of pollution prevention plans.
Planned
- Ohio EPA should continue to work toward the goal of 100% participation of eligible companies in the 33/50 Program.
- Ohio EPA should promote the strategy for the implementation and expansion of its Green Lights promotional program.
Future
- Ohio EPA should help to implement objectives of the Ohio Energy Strategy by expanding its promotion of pollution prevention through energy conservation and efficiency measures.
- Ohio EPA should adapt and use Design for the Environment information and promote this program to Ohio businesses.
- Ohio EPA should become actively involved in the Environmental Leadership Program to ensure appropriate designation of Ohio companies.
- Ohio EPA should expand its encouragement of businesses and others to practice pollution prevention by providing further public recognition incentives.
- Ohio EPA should encourage and support the implementation of the Common Sense Initiative. Ohio EPA should also involve Ohio businesses in this program.
Rules and Policies
Promoting pollution prevention as the primary approach to achieving environmental improvement by waste generators in Ohio is a fundamental goal of the Strategy. Reaching this goal will require that new Ohio EPA rules and policies be developed and implemented that make prevention a priority for environmental protection. In addition, existing rules and policies that are found to impede or discourage the practice of pollution prevention should be reviewed, modified, or removed. Ohio EPA's current rules and policies have been developed largely from a regulatory system oriented toward controlling pollution after it has been created. The specific prevention-promoting rule and policy changes of each media program will need to be identified, evaluated, and addressed within that media program.
Present
- Ohio EPA is evaluating the Agency's pollution prevention in enforcement policies and working to develop a consistent policy. This effort should continue.
Future
- U.S. EPA regulations will be issued by 1996 for 17 industrial categories which may contain pollution prevention requirements. Ohio EPA will offer assistance as appropriate.
- Ohio EPA should create a Pollution Prevention Rule and Policy Review Committee for the purpose of making a comprehensive review of all new and existing agency rules and policies to maximize pollution prevention consideration where appropriate.
- Ohio EPA should adopt rules and policies oriented toward achieving pollution prevention and carefully measure progress in meeting this goal.
- Ohio EPA should conduct pilot programs for pollution prevention rules and policies before final adoption, as is being done in some other states.
- In a method similar to U.S. EPA's proposed Environmental Leadership program, Ohio EPA should consider rewarding outstanding performance in the regulated community through reduced planning and reporting requirements, public recognition, faster and more flexible permitting, and consideration of other proposed potential incentives.
- When feasible, Ohio EPA should consider multi-media rather than media-specific rules and permitting to minimize cross-media transfers of pollutants, avoid inconsistent or conflicting regulations, and encourage comprehensive pollution prevention programs.
- Ohio EPA should build on the Toxics Release Inventory (TRI) reporting system to use public accountability as a tool in driving industrial pollution prevention, including the identification of best and worst performers.
- Ohio EPA should become involved, together with other states, in influencing federal pollution prevention legislation and policy in Congress and policy and regulations at U.S. EPA.
- Ohio EPA should share information about, and the results of, state programs and pilot projects with other state environmental agencies to increase the body of knowledge about pollution prevention policies.
Multi-Media Issues
Multi-media activities review all waste streams and environmental releases of a facility at one time and discourage cross-media transfers. This results in a more complete understanding of the effects of waste-generating processes. It also allows for all aspects of waste generation to be considered during regulation of a waste generator. A multi-media approach can result in more effective environmental protection as well as less long term regulatory burden on waste generators due to less permitting, reporting, and other requirements. Multi-media efforts encourage source reduction and discourage the flow of waste down the path of least regulation.
Present
- Ohio EPA multi-media pollution prevention activities are limited at this time. The Office of Pollution Prevention is multi-media oriented and encourages multi-media considerations throughout the Agency.
- Some efforts such as pollution prevention training and committees to address certain topics have been multi-media, but they have not attempted to dissolve boundaries between environmental media for permits, regulation, inspection, data management, or other activities.
Future
- Management and technical staff should be trained in multi-media concepts and practices. This training would allow all Ohio EPA staff to understand the importance of preventing cross-media transfers. It would allow them to perform multi-media inspections, develop multi-media permits, and have an infrastructure to support these goals.
- Ohio EPA should consider developing a pilot multi-media project involving multi-media inspections, permits, rules and policies, or some combination of the aforementioned.
- The Divisions of Air Pollution Control, Surface Water, Hazardous Waste Management, and Solid and Infectious Waste Management should consider incorporating some multi-media activities into their standard operating procedures by 1995.
- Ohio EPA should develop a pilot multi-media project involving multi-media inspections, permits, rules, and policies.
Permits
Emphasizing the pollution prevention or waste minimization option in permits is one way to influence waste generators' activities. U.S. EPA Regional Offices are developing methods for pollution prevention integration, including permits. A number of states have begun to include pollution prevention in permits, either as a permit condition or through another mechanism. Presently, Ohio requires such consideration for hazardous waste facilities and underground injection well facilities.
Present
- Ohio EPA requires waste minimization program inclusion as a condition for hazardous waste permits.
- Underground injection control facilities are required to prepare waste minimization and treatment plans as part of permit requirements.
Planned
- The Division of Surface Water plans to incorporate pollution prevention in National Pollutant Discharge Elimination System permits, pretreatment programs, and storm water permits.
- During the permitting process, the Division of Solid and Infectious Waste Management plans to encourage captive site Permit to Install applicants during the permitting process to initiate and expand a pollution prevention program.
Future
- Ohio EPA should work toward a goal that all responses to permit requirements take a pollution prevention approach where feasible.
- The Ohio Pollution Prevention and Waste Minimization Guidance Manual should be used as standard guidance for voluntary and required facility planning promoted throughout Ohio.
- The Ohio EPA should implement a pilot program to conduct multi-media review and/or inspections before issuing permits to promote source reduction and avoid cross-media transfers of pollutants.
- Ohio EPA should consider incentives for source reduction in permits, such as expedited review.
- Ohio EPA should train all staff involved in pollution prevention in its goals and concepts as well as in industry-specific and multi-media content.
- Ohio EPA should write a permit writer's guidance document for including pollution prevention in permits.
Inspections
In the future, dealing with the regulated community may not be the same as pollution prevention becomes a part of the inspector's job. This will bring about additional expectations, added new approaches, or modification of old ideas. Pollution prevention presents great opportunities for environmental agency staff to be more effective by avoiding cross-media transfers, achieving true progress, and improving their relationship with and the compliance of the regulated community. Even a small percentage of inspectors' time dedicated to pollution prevention could have a great impact.
Present
- Ohio EPA inspectors help direct regulated entities' attention to pollution prevention by pointing out legal requirements that encourage prevention, provide information and literature, and make suggestions for changes in processes or practices. Presently, such practices are not done by all staff involved in inspections.
- Several Divisions are using pollution prevention language in notice of violation letters or other correspondence with facilities for activities related to inspections.
Planned
- Ohio EPA plans to involve more inspectors in directing regulated entities' attention to pollution prevention by pointing out legal requirements that encourage prevention, providing information and literature, and making suggestions for changes in processes or practices.
- Ohio EPA should develop checklists to ensure that facilities have covered all legal requirements related to pollution prevention, and include voluntary options that are standard for pollution prevention in specific industries.
- Ohio EPA should seek funding within media grants from U.S. EPA for integrating pollution prevention into inspections.
Future
- Ohio EPA should designate discussion of pollution prevention in inspections as a high priority.
- Ohio EPA should consider a pilot project to conduct multi-media inspections.
- Ohio EPA should work to modify its "bean counts" and program evaluations by U.S. EPA in order to give pollution prevention more attention and reward more environmental results.
Enforcement
The use of enforcement settlements that contain pollution prevention conditions not only results in compliance, but also achieves additional environmental results and improvement. As part of a settlement agreement, a respondent/defendant will agree to conduct a pollution prevention project(s) which reduces risks posed to human health and the environment beyond that which would be required by law (federal, state, or local). Successful implementation of the project serves to mitigate the size or gravity component of an assessed penalty (U.S. EPA 1992).
Present
- Ohio EPA and the Attorney General's Office are including pollution prevention conditions in some enforcement settlements.
- Ohio EPA has developed a draft set of guidelines for the use of pollution prevention conditions in enforcement settlements.
Planned
- The OPP will meet with the Policy and Legislation Committee to continue developing the draft guidelines.
Future
- Ohio EPA should finalize the guidelines for the use of pollution prevention conditions in enforcement settlements.
- OPP should attend Enforcement Coordinator Committee meetings on a quarterly or semi-annually basis to facilitate a discussion of Divisions' progress in using pollution prevention conditions, procedures for using these conditions, and success stories and failures of cases with these conditions. Alternatively, a group of representatives from each Division could meet on a quarterly basis or semi-annual basis to discuss only this topic.
- Pollution prevention options should be a standard offering in all appropriate enforcement cases for inclusion in consensual Administrative Orders.
- All pollution prevention projects should culminate in a written report.
- Enforcement staff, District Office inspectors, local air agency inspectors, and publicly owned treatment works' enforcement staff should receive the pollution prevention training necessary to recommend or approve options for pollution prevention conditions, and to review reports submitted as requirements of enforcement settlements.
- After training, inspectors should be able to assess the overall pollution prevention awareness at a facility, and either recommend specific projects for inclusion as an enforcement requirement, or approve projects recommended by the violator. Enforcement staff should be able to review assessment reports and comment on their completeness and quality.
- Each Division should include information about pollution prevention conditions in its own enforcement tracking log.
Reference
U.S. EPA 1992 Environmental Protection Agency. 1992. Pollution Prevention Through Compliance and Enforcement, A Review of OPTS Accomplishments, 22T-1002. U.S. EPA, Office of Pesticides and Toxic Substances, Washington, D.C.
Information Clearinghouse
Lack of information or limited access to sources of information is one of the greatest barriers to the adoption of pollution prevention. To help overcome this barrier, Ohio EPA can position itself as an information clearinghouse. As such, the Agency would be responsible for maintaining a collection of documents, publications, contacts, and other information on pollution prevention and for distributing materials to those who request them. Widespread recognition by business and the public, of the offerings of a clearinghouse, is a fundamental goal.
Present
- Ohio EPA's Office of Pollution Prevention will continue development and maintenance of a Pollution Prevention Library.
- Ohio EPA will continue to perform information distribution and database creation through the pollution prevention Information Request Tracking System.
- Ohio EPA will continue to create and publish fact sheets, case studies, and other documents detailing pollution prevention issues.
- Ohio EPA will maintain access to numerous outside sources of information (such as PIES, and others).
- Ohio EPA's Division of Surface Water is in the process of implementing a Municipal Technical Assistance program.
- Ohio EPA will continue to promote pollution prevention in the Agency's periodicals and to distribute pollution prevention information.
- Ohio EPA will continue to maintain and expand contacts with federal, state, and local sources of information.
Planned
- Ohio EPA has completed plans for a Small Business Stationary Source Technical and Environmental Compliance Assistance Program in the Division of Air Pollution Control which should assist in the dissemination of pollution prevention information.
- Ohio EPA will promote the availability of Clearinghouse services to potential audiences.
- Ohio EPA will periodically send out mass mailings of pollution prevention information to organizations and individuals contained in pertinent databases.
- Ohio EPA will continue to create and publish new pollution prevention documents.
- The Office of Pollution Prevention will seek to use a variety of databases available to Ohio EPA to inform the public, business, and industry of pollution prevention opportunities. This will include pollution prevention information in electronic bulletin boards the Agency maintains or is planning.
Future
- Ohio EPA must obtain regular funding to support clearinghouse activities.
- Ohio EPA should establish access to information through a telephone hotline and electronic systems.
- Ohio EPA needs to pursue funding to cover printing costs and develop a policy to govern distribution of free materials.
- Ohio EPA expects to regularly generate new pollution prevention information.
- Ohio EPA should make pollution prevention information dissemination a function of several programs in addition to that of the Office of Pollution Prevention. These include the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, under Title V of the Clean Air Act Amendments, waste water programs, and others.
- Ohio EPA should develop a pollution prevention newsletter.
- Ohio EPA should facilitate the transfer of information from company to company and industry to industry.
- Ohio EPA should conduct a survey of potential clearinghouse users to better target dissemination efforts.
Technical Assistance
One of the goals issued by the Ohio EPA in 1991 under its Mission and Goals statement included "... improve compliance with environmental laws through technical assistance to communities and business." Technical assistance involves aid to the regulated community to better understand legal obligations or reduce the amount of pollution generated. Waste generators have specific needs and problems which pollution prevention can fulfill. Without assistance, however, many businesses remain uninformed of their options. Ohio EPA's goal should be to have the capacity to provide technical assistance to every generator who requests it.
Present
- Ohio EPA provides pollution prevention technical assistance by request. Upon request, the OPP conducts on-site assessments of waste generating facilities.
- Ohio EPA has arranged for waste exchange financial support through 1995.
Future
- OPP should obtain confidential status (an enforcement shield) for communications with facilities where there may be concern about enforcement.
- Ohio EPA should expand its pollution prevention assessment services.
- Ohio EPA should distinguish enforcement and assistance roles and separate staff responsibilities or clearly state policies for conflict avoidance.
- When the Agency is unable to answer specific technical assistance requests, Ohio EPA should make referrals to other organizations which offer technical assistance services.
- Ohio EPA should support an technical assistance intern program.
- Ohio EPA should support a retired professionals program.
- Ohio EPA should aggressively seek funding for loan or grant programs to generators, particularly to encourage source reduction. Such funding should be used for technical assistance, but also could be connected with a program for capital investment projects.
- OPP should coordinate grants for research and development and/or support this function through another organization.
Education and Outreach
Because the term "pollution prevention" has only recently received emphasis, there is a great need for educational programs which explain and illustrate the concept. Without a clear understanding of exactly what pollution prevention is and what it is not, as well as why it should be done, the public cannot be expected to move as rapidly as hoped toward this goal. Thus, Ohio EPA must make more education and outreach activities an Agency priority. Ohio EPA can use educational programs to promote a common definition of and a clear understanding of pollution prevention. These programs can take a wide variety of forms. Many state pollution prevention programs include efforts to educate the regulated community, governmental employees and officials, academia, and the general public.
Present
- Ohio EPA should continue and expand support of seminars which include pollution prevention components.
- Ohio EPA provides numerous presentations on pollution prevention and includes the topic in related presentations.
- The Ohio Environmental Education Fund makes grants for pollution prevention to educational institutions and other educational efforts.
Planned
- Ohio EPA should prepare and distribute an Ohio newsletter on pollution prevention.
Future
- The Ohio Environmental Education Fund should continue grants for pollution prevention to educational institutions, indefinitely extend the Pollution Prevention Education and Training Grants awarded in 1993, and solicit proposals for Pollution Prevention Education and Training Grants from universities.
- Ohio EPA should establish a pollution prevention intern program to assist Ohio business.
- Ohio EPA should assist in the development of pollution prevention curriculum modules for use at Ohio universities and colleges.
- Ohio EPA should seek a funding source for pollution prevention curriculum support. Assuming success in this effort, Ohio EPA should solicit proposals from universities that focus on developing pollution prevention courses.
- Ohio EPA should support university pollution prevention research proposals.
Training of Ohio EPA Employees
Agency employees, including management and bargaining unit staff, should understand the potential for and role of pollution prevention at Ohio EPA. Not only must they be aware of Agency goals, but they must be conversant on technical and managerial points to gain credibility with the business community and the public. Therefore, the Agency needs to provide training on pollution prevention concepts, technologies, and strategies. It should also provide resources which can be easily used in the office and in the field. Currently, Ohio EPA does not have a comprehensive, formal training program to incorporate pollution prevention in standard Agency activities. What is needed is a well developed pollution prevention training program that will educate all Ohio EPA employees of its importance for meeting the Agency's mission and the needs of the public.
Present
- Pollution prevention training, for Ohio EPA employees, presently is offered on an ad hoc basis.
- New Ohio EPA employees are introduced to the pollution prevention concept in their initial orientation. New managers also receive training on pollution prevention, focusing more on program integration.
Planned
- Ohio EPA should formalize its pollution prevention training committee and support its recommendations.
- OPP will receive federal funding through a PPIS grant to develop and implement a comprehensive pollution prevention integration training plan. Additional funding is expected through Ohio EPA's FFY '95 RCRA grant.
Future
- Every Ohio EPA employee should be familiar with the concept of pollution prevention and have the knowledge to incorporate it into daily activities.
- OPP should periodically administer a needs survey to Agency staff to discover how well the concept of pollution prevention is understood, how comfortable the staff is with pollution prevention practices, and what types and level of education should be provided to Agency staff.
- Ohio EPA should develop standard pollution prevention training programs and integrate these into the Agency's orientation for new employees and management.
- Ohio EPA should develop an ongoing training and education program specifically for incorporating pollution prevention.
- Ohio EPA should have refresher courses to increase employee understanding and knowledge of pollution prevention.
- In addition to developing its own training, Ohio EPA should use existing training sources, such as the Waste Reduction Institute for Training and Applications Research and the University of Tennessee's Center for Industrial Services, where possible and supplement them as needed. The Agency also should attempt to use free or low cost services provided by other consultants and vendors of pollution prevention equipment and services.
Legislation
As pollution prevention has become accepted as the preferred method of environmental protection, federal and state governments have begun to adopt legislation formalizing the role of pollution prevention. At least twenty states have mandatory pollution prevention planning requirements while others promote voluntary pollution prevention planning. Other States have legislation promoting pollution prevention over treatment or disposal of wastes after generation. Ohio does not have comprehensive pollution prevention legislation. Rather, Ohio relies on the its existing legislation and an education and training program to develop pollution prevention opportunities.
Present
- The State of Ohio has legislation containing pollution prevention related language in H.B. 592 (ORC 3734) and legislation strictly mandating pollution prevention planning in H.B. 147 (ORC 6111). However, neither is comprehensive.
Future
- Legislation, for introduction to the Ohio General Assembly, on pollution prevention should consider elements discussed in the Ohio EPA Pollution Prevention Strategy. This legislation should be designed to enable the State of Ohio to maximize pollution prevention achievements.
- Ohio EPA should continue to work to incorporate pollution prevention into other proposed Ohio environmental legislation. All appropriate legislation should be coordinated and consistently address pollution prevention.
- Ohio EPA should review other states' pollution prevention legislation to determine its effectiveness in preventing pollution, and incorporate this knowledge into pollution prevention legislation that may be developed for Ohio.
- If pollution prevention legislation is drafted, Ohio EPA should work with Ohio waste generators to gain their input and support.
Data Integration
Data integration allows environmental agencies to review all regulated areas of a facility at one time. This encourages a multi-media approach to permits, inspections, and enforcement, as well as presenting all opportunities for pollution prevention at a facility, partly because cross-media transfer possibilities become more evident. Through data integration, an accurate picture of a facility is achieved, thus coordinating program activities and supporting pollution prevention technical assistance efforts. Data integration can be accomplished by creating new data management systems or making innovative use of existing data to improve overall program operations (U.S. EPA 1993).
Present
- Ohio EPA is developing the Enterprise Data Model which is a blueprint for data organization throughout the Agency.
Future
- Ohio EPA should continue to develop the Enterprise Data Model and establish it as the standard for data integration to encourage development of multi-media and pollution prevention possibilities.
Reference
U.S. EPA. 1993. Ongoing Efforts by State Regulatory Agencies to Integrate Pollution Prevention into Their Activities. EPA-742-B-93-002. U.S. EPA, Office of Pollution Prevention and Toxics, Washington D.C. 59 pp.
Agency Operations and Structure
In order to more fully incorporate pollution prevention, Ohio EPA should consider organizing its administrative structure so that prevention is facilitated. The physical accommodations and activities of the Agency also must be addressed. The keys are to incorporate pollution prevention into management concepts and support operations.
Present
- Ohio EPA has partially reorganized, establishing the Office of Pollution Prevention.
Planned
- Ohio EPA has established funding to support prevention activities in the Divisions through a State funding request.
Future
- Ohio EPA should incorporate environmentally friendly building design when planning, upgrading, moving, and constructing buildings.
- Ohio EPA should establish funding to support prevention activities in the District Offices.
- Ohio EPA should encourage the districts to propose and develop pollution prevention projects.
- Ohio EPA should incorporate pollution prevention in its Quality Service through Partnership efforts whenever the goals of the two concepts coincide.
- In its operations, Ohio EPA should use the most environmentally friendly technologies, be extremely energy and water efficient, encourage social change within the Agency, and facilitate the incorporation of pollution prevention at all levels within the Agency.
- Ohio EPA should establish an agreement with the Department of Administrative Services (DAS) to use Ohio EPA as a pilot Agency for new environmentally friendly products and services. The arrangement should ensure that Ohio EPA uses all possible environmentally friendly products available through DAS.
- Ohio EPA should ensure that the goal of environmentally friendly products purchasing is reached for all direct purchases.
Part Two: Program and Division Strategies
Office of Pollution Prevention
The Office of Pollution Prevention (OPP) is Ohio EPA's most active proponent of pollution prevention, both within the Agency and to the public. OPP is a key mechanism to pollution prevention service delivery and implementation integration at the Agency. To accomplish this, OPP has created a goal of developing and implementing pollution prevention initiatives that effectively reduce pollutants in Ohio.
Present
- OPP developed and revised the Ohio EPA Pollution Prevention Strategy. OPP also led the committee for The State of Ohio Pollution Prevention Strategy and is responsible for overseeing implementation.
- OPP encourages and supports pollution prevention integration into the major activities of Ohio EPA including, but not limited to, permits, inspections, enforcement settlements, and training.
- OPP provides pollution prevention technical assistance by telephone, mail, and on-site visits. OPP also creates, collects, and distributes pollution prevention information.
- OPP develops and promotes many voluntary pollution prevention programs.
- OPP analyzes data pertinent to pollution prevention, this data may be produced by other Divisions or be a component of the pilot project to measure progress in source reduction and recycling in Ohio. OPP also participates in several geographic initiatives to promote and quantify pollution prevention in Ohio.
Future
- OPP will work with all divisions of Ohio EPA and other agencies to implement projects identified in the Ohio EPA Pollution Prevention Strategy and The State of Ohio Pollution Prevention Strategy.
- OPP will expand its technical assistance efforts and the development and distribution of pollution prevention information.
- As opportunities for pollution prevention legislation develop, OPP will provide advice and assistance.
- OPP will work with other Divisions on the promotion of pollution prevention and data analysis, and will expand efforts to measure pollution prevention.
Division of Air Pollution Control
The Division of Air Pollution Control (DAPC) developed and implemented a strategy to integrate pollution prevention into the normal, day-to-day operations of DAPC. DAPC has developed this plan to help Ohio businesses and the public voluntarily reduce air emissions, establish energy and natural resource conservation measures, and recycle waste products.
Present
- While DAPC cannot legally mandate that permit applicants use pollution prevention alternatives, it addresses pollution prevention in the cover letters of Permit to Install (PTI) and Permit to Operate (PTO) forms. The terms and conditions of a permit may be written to incorporate pollution prevention alternatives.
- The Division has an emission fee system that currently charges $17.58 per ton for actual emissions for major sources. The emission fee will be $25.00 per ton on April 15, 1996.
- The Division supports incorporating pollution prevention alternatives into enforcement case negotiation and settlement.
- The Division has developed a Bulletin Board System (BBS) for electronic permitting, reporting and communicating with the public. This greatly reduces paper consumption. The BBS will also be used to inform the public about pollution prevention.
- Pollution prevention articles appear as often as possible in the division newsletter, Airlines. DAPC will continue to include articles on pollution prevention in each issue.
Future
- There are pollution prevention media grants available to provide funds to the Division and Local Air Agencies for the development and implementation of pollution prevention programs. The media grants will provide funds to establish pollution prevention in normal division operations.
- The Small Business Assistance Program s (SBAP) will provide and distribute information regarding pollution prevention to the businesses seeking help under this program.
- Inspectors should receive initial training from OPP staff to clarify how to perform facility inspections for pollution prevention and energy conservation opportunities.
- DAPC will prepare and distribute fact sheets on all air pollution prevention topics for which technical information is available.
- Short statements to create interest in pollution prevention will appear stamped on the outside of division mail and as a paragraph in emission fee invoice cover letters.
- DAPC will support pollution prevention through the Division's Mercury Reduction Task Force.
- DAPC would like to establish an internship program where students work on air pollution control projects and are assigned to pollution prevention projects.
- The Division supports many office practices to reduce solid waste and save energy including E-mail, the BBS, Green Lights, and low-flow faucets and showers.
Division of Drinking and Ground Waters
The Division of Drinking and Ground Waters (DDAGW) is a consolidation of two formerly separate Divisions whose duties include a wide range of activities. The Drinking Water Unit is primarily concerned with assuring the quality of drinking water produced by the public water systems of Ohio. The Ground Water Unit handles issues ranging from underground injection wells to consulting work for other Divisions such as the Division of Emergency and Remedial Response (DERR), and the Division of Solid and Infectious Waste Management (DSIWM).
Present
- Promote pollution prevention in enforcement settlements where appropriate.
- Encourage the reuse of lime sludge by recalcining, agricultural land application, and strip mine reclamation.
- Encourage leak detection and backflow prevention programs.
- Incorporate wellhead protection into plan reviews, encourage water systems to implement wellhead protection programs, and educate other Divisions of Ohio EPA on wellhead protection.
- Offer technical assistance to water systems to help them optimize treatment with appropriate chemicals and existing facilities.
- Class I UIC well permits to operate require a facility-wide waste minimization plan be developed and maintained, as specified in 6111.045 of the Revised Code.
- Utilize the comment period on Inter Governmental Reviews (IGRs) for publicly funded projects and section 401 water quality certifications to promote pollution prevention.
- DDAGW practices efficient office procedures which encourage recycling, car-pooling, reduced paper consumption, and reuse.
Future
- Provide specific training to staff on how pollution prevention can be implemented in everyday duties.
- Set up an incentives program for those Ohio EPA regulates to publicly reward them for pollution prevention in particular areas such as water use efficiency, innovative technology, etc.
- Explore the possible use of testing methods which are most efficient and still adequately perform to accepted standards. Encourage pollution prevention in contracted labs.
- Encourage water conservation measures, water use efficiency, and other conservation practices.
- Create pollution prevention fact sheets specifically for water systems.
Division of Emergency and Remedial Response
The Division of Emergency and Remedial Response (DERR) conducts investigations into environmental crime allegations, responds to releases that present an immediate threat to human health, and oversees remedial actions at sites where hazardous waste has been treated, stored, or disposed. DERR's main objective is to see that waste is properly cleaned up. Therefore, incorporation of pollution prevention practices in DERR's program is not as obvious as with other EPA programs. However, opportunities for pollution prevention are present.
Present
- DERR reviews, processes, and disseminates information regarding new technologies, these often include pollution prevention technologies.
- DERR office procedures encourage recycling and decreased use of paper and other resources.
Future
- Inclusion of pollution prevention projects into enforcement orders where appropriate.
- Participate and encourage the national PCB phaseout.
- Incorporate pollution prevention language into DERR's developing policies.
- Provide pollution prevention training during events sponsored by DERR (e.g., Inland Spills Conference) and DERR staff training. Offer training on pollution prevention concept, integration, and pertinent technical issues to DERR staff.
- Disseminate more pollution prevention information from the Right to Know program.
- Incorporate pollution prevention language into State Bill 221.
- Distribute pollution prevention information and encourage pollution prevention practices during investigations and emergency responses.
- Continue to reduce office and field waste through conservation and recycling procedures.
Division of Environmental and Financial Assistance
The Water Pollution Control Loan Fund (WPCLF) is jointly administered by the Ohio EPA through its Division of Environmental and Financial Assistance (DEFA) and by the Ohio Water Development Authority. The purpose of the fund is to provide financial assistance to municipalities building publicly owned treatment works (POTW) to control water pollution. The WPCLF has the opportunity to promote pollution prevention as a method to provide communities with least-cost environmental protection while minimizing adverse environmental effects and providing a buffer against future compliance costs.
Present
- Facilities Planning and Detailed Design - The following list represents the areas of concern that DEFA presently examines and comments upon during the facilities planning and the detailed design stages of development. During the comment period, DEFA evaluates each area's pollution prevention possibilities.
- Flow and load reduction
- Plant type and location
- Sewer system layout
- Waste water treatment process selection
- Sludge treatment selection
- Buildings
- Aeration systems
- Piping details
- Equipment details
- WPCLF encourages and promotes pollution prevention through interest rate discounts. Water conservation is also encouraged through interest rate discounts.
- DEFA fosters the use of non-conventional technologies by forgiving loans and supporting facilities if non-conventional technologies fail.
- A series of public workshops were held in January 1994 to discuss pollution prevention, among other topics. DEFA is committed to educating communities and receiving public input as much as possible.
Future
- Continued staff training is needed in the application of pollution prevention to WPCLF projects.
- Evaluation of the WPCLF interest rate discounts to measure their effectiveness in promoting pollution prevention should be done.
- Development of a comprehensive list of pollution prevention ideas that will be given to communities and consultants during initial planning stages of each project is needed.
- Articles will be written for The Clarifier to promote pollution prevention.
- New opportunities to promote pollution prevention with a combination of education and financial incentives will be evaluated.
Division of Environmental Services
The Department of Environmental Services (DES) provides laboratory services for the Ohio EPA. The strategy examines the Division's operations exploring ways to integrate pollution prevention, evaluating alternatives, and implementing the most cost effective options.
Present
- Training on the copiers is provided for all employees which results in less wasted paper. Amount of copies generated is reduced by posting memoranda on a bulletin board.
- Chemical standards are purchased in volumes and concentrations to reduce waste through expiration of vials.
- Waste solvent that is produced is sent off for fuels blending.
- DES recycles glass, paper, cans, and cardboard. Areas for expansion will be explored.
Planned
- Reuse continuous feed paper used in data analysis to use both sides of the paper.
- Use equipment in various processes to reduce consumption of reagents and solvents or to recover solvent.
- Expired standards will be returned to the supplier.
- Reduce acid used in rinsing glassware through proper training of employees.
- Use Laboratory Inventory Management System (LIMS) computer system to reduce paper used in tracking samples.
Future
- Recycle #4 plastic materials once a recycler in central Ohio accepts the material.
- Develop SFE process to reduce solvent use. Purify solvents for reuse with solvent purification system operated on site.
- Investigate possibility of electronic data submittal through LIMS to clients.
- Replace liquid-liquid extraction with solid phase extraction when technology is available. Also explore substituting mercuric sulfate catalyst.
Division of Hazardous Waste Management
The Division of Hazardous Waste Management (DHWM) pollution prevention activities are targeted in the Division's 1994 DHWM Goals And Objectives. The Division is committed to and will aggressively pursue waste minimization initiatives. To meet this objective, DHWM is considering several strategies: meeting periodically with other divisions to discuss goals and objectives, investigating grant commitments, training and education, addressing problem areas, more effective communication with the regulated community, developing better methods of tracking the generation and disposal of hazardous waste, rule adjustments, enforcement, technical assistance, and permitting.
Present
- Treatment, storage, and disposal facilities (TSDFs) must report annually to DHWM concerning efforts taken to reduce the volume and toxicity of hazardous waste they generated in comparison to the previous year.
- DHWM emphasizes and includes pollution prevention in enforcement settlements where appropriate.
- Applicants for hazardous waste treatment, storage, and/or disposal permits are required through permit conditions to address pollution prevention issues.
- A pollution prevention package compiled for inspectors is given to facilities during inspections. Inspectors will document if generators have a pollution prevention program and encourage development and expansion of this program.
- The FFY '94 Resource Conservation and Recovery Act (RCRA) Grant incorporates pollution prevention educational outreach targeted to Ohio's small business community. All DHWM offices are involved in technical assistance outreach and education activities.
- Many pollution prevention related training and education activities occurred in 1994. The Division intends to continue these efforts where applicable.
- DHWM's Technical Assistance Section maintains a library on pollution prevention information and develops documents, newsletters, and fact sheets on pollution prevention. More guidances are being developed.
Future
- DHWM is preparing guidances on enforcement settlements or legal actions involving pollution prevention.
- DHWM will conduct a survey of Ohio hazardous waste management facilities and generators to determine the type of training needed by the regulated community. District Office staff will also provide technical assistance to the regulated community.
- Pursue funding via discussions with the Ohio Environmental Education Fund and investigating federal grant commitments for pollution prevention provisions.
- Study the DHWM pollution prevention program and investigate means of achieving pollution prevention goals.
- Assist the small business community (SBC) in meeting their regulatory responsibilities. A specialist or group can focus on specific SBC issues, including recycling and pollution prevention technologies.
- Meet with representatives from universities, colleges, and the state secondary school systems to encourage and assist in curriculum development addressing pollution prevention as it relates to the hazardous waste regulations.
- Future Compliance Evaluation Inspections will include obtaining a description of the facility's waste minimization program.
- Investigate using fines from settlements as a source of funding for state or private programs promoting or engaged in pollution prevention activities.
- A mechanism will be developed for coordinating review of case histories, selecting, storing, filing, and retrieving studies.
- Communication with other divisions of Ohio EPA will be studied for the purpose of multi-media pollution prevention efforts. Joint efforts in facility inspection activities will be thoroughly investigated.
Division of Solid and Infectious Waste Management
The Division of Solid and Infectious Waste Management (DSIWM) is responsible for permitting solid and infectious waste facilities, enforcing operating standards at these facilities, reviewing district solid waste management plans, and preparing the Ohio Solid Waste Management Plan. The Ohio Revised Code (ORC) 3734 is the regulatory authority that governs solid and infectious waste. DSIWM has regulatory authority only over the disposal and operation of solid and infectious waste facilities and not the generation of wastes.
The district solid waste management plans and the state plan document the quantities and types of waste generated in the state and encourages pollution prevention, source reduction, and recycling through a 25% statewide reduction goal. Pollution prevention is also encouraged through outreach/educational programs, especially at industrial captive (on-site) facilities.
Present
- DSIWM encourages pollution prevention in state plan goals and permitting for captive site (on-site) facilities.
- Standardized definitions for pollution prevention, source reduction, recycling, reuse/reclamation, treatment, and disposal have been incorporated in the captive site permit policy and district plan format to establish consistency and trends for reduction.
Planned
- Develop and schedule training for all DSIWM staff in pollution prevention.
- Visit captive site facilities to promote pollution prevention.
Future
- Finalize voluntary solid waste pollution prevention language in enforcement cases and settlements.
- Continue to expand pollution prevention case studies and technical reports.
- Develop an educational outreach program through seminars, workshops, and meetings to promote source reduction for major industrial waste generators.
- Develop a statewide database for industrial waste generators and target industries to reduce waste.
- Promote pollution prevention legislation.
- Place more emphasis on pollution prevention in district solid waste management plans and the state plan.
- Continue to participate in U.S. EPA's Subtitle D Steering Committee and task force on industrial waste technologies and proposed regulations.
Division of Surface Water
The Division of Surface Water (DSW) supports Ohio's surface water quality programs by assessing biological and chemical water quality; setting effluent limits and state water quality standards; coordinating development of Remedial Action Plans (RAPs) and the Lake Erie Lakewide Management Plan; managing programs for point source and nonpoint source pollution control, including administering permit programs for direct and indirect discharges, pretreatment, storm water, and sludge reuse; regulating water quality aspects of dredging and filling; managing agreements with regional water quality management agencies; managing the Clean Lakes Program; and developing geographic information systems.
Present
- Provide fact sheets to the regulated community during inspections or in mass mailings. Fact sheets can also provide specific guidance for categorical industries. Hold public meeting or seminars to educate the regulated community.
- Provide continuing pollution prevention training to DSW staff.
- Establish a pollution prevention training program to be given to Publicly Owned Treatment Works and industrial waste water treatment plant personnel.
- Promote source reduction through grants to implement nonpoint source control programs. Increase oversight of these projects to verify the pollution prevention elements.
- Emphasize pollution prevention in RAP and Lakewide Management Plan remedies.
- Include appropriate pollution prevention language in all permits, permit applications, regulatory documents, inspection reports, and enforcement documents. Use pollution prevention checklist during inspections.
- Establish that pollution prevention requirements are not used as bargaining chips in permit discussions.
- Standard office and field practices encourage reuse, recycling, and reduction of materials consumed. DSW has many ideas for individuals, the Division, and the Agency as a whole which will reduce the energy consumed and waste produced at Ohio EPA.
Future
- Establish pollution prevention as a project selection criterion for grants distributed by Ohio EPA.
- Encourage regional water quality management agencies to include pollution prevention in their activities.
- Develop water quality standards for wetlands; establish rules making wetland impact avoidance the highest priority.
- Establish pollution prevention evaluations as a criterion for approval of stream mixing studies.
- Work with DES to minimize sample and laboratory waste.
- Create Toxicity Reduction Evaluation incentives that emphasize pollution prevention over waste treatment.
Legal Section
The Legal Section's goal is to promote pollution prevention in the capacity as legal advisors to the various Divisions of Ohio EPA, and to the Agency as a whole. The Legal Section works directly with all Divisions, Districts, and support offices of the Agency.
Present
- Research the Agency's legal authority for inclusion of pollution prevention in permits or rules issued by the various Divisions.
- Incorporate pollution prevention provisions into enforcement settlements where appropriate.
- Conserve paper, energy, and other resources through office practices which emphasize reduction and recycling.
Future
- Encourage and educate the Attorney General's Office (AGO) regarding the incorporation of pollution prevention provisions in consent agreements and court orders.
- Advocate enactment or amendment of statutes that authorize the adoption of rules governing pollution prevention.
- Review or help draft proposed legislation, regulations, and policies related to pollution prevention.
- Continue to research the Agency's legal authority for inclusion of waste minimization plans in permits of each Division. Recommend appropriate revisions to statutes or permits to facilitate such inclusion. Support inclusion of pollution prevention in licenses or permits for industrial and captive solid waste facilities.
- Encourage the incorporation of pollution prevention language in correspondence with the regulated community (e.g., notice of violation letters).
- All staff members should attend pollution prevention training. Educate Legal interns about pollution prevention. Incorporate pollution prevention principles in speeches given to the public and the professional bar.
Ohio Environmental Education Fund
The Ohio Environmental Education Fund (OEEF) was created in October 1990 to enhance public awareness and objective understanding of issues affecting environmental quality within Ohio. One of its goals is to provide funding for educational projects on pollution prevention and waste minimization to persons regulated by Ohio EPA. Its revenues are from one-half of civil penalties collected from air and water violations.
Present
- The OEEF, through grants, has sponsored 199 environmental education projects for a total of $4,362,374 between January 1991 and October 1994¹. The grant projects involve the regulated community and general public. Many of these projects have included pollution prevention. In 1993, the OEEF awarded $500,000.00 specifically for pollution prevention projects to be conducted in 1994 and 1995.
Future
- The OEEF will continue to award projects which promote pollution prevention efforts through its grant programs. The importance of these efforts has been recognized by the OEEF's Board of Trustees throughout the development of the Fund's Long Range Plan.
- The OEEF is establishing a resource center of products generated through funded projects. The clearinghouse will be a central repository for items such as brochures, videos, films, fact sheets, curricula, training manuals, and slide programs. Through promotional efforts, the general public will be made aware of the availability of these products, many of which will promote pollution prevention activities.
¹ Numbers updated from the full-text Ohio EPA Pollution Prevention Strategy to reflect October 1994 totals.
Public Interest Center
The Public Interest Center's (PIC's) role is to educate the media and the public about what industry and individuals can do to prevent pollution . Through the strategy, the Public Interest Center will attempt to increase awareness about pollution prevention.
Present
- PIC aggressively promotes pollution prevention through news releases and other forms of publicity; Mail Control Records and letters; the Ohio EPA State Fair booth; and coverage of the Governor's Pollution Prevention Awards.
- PIC assists Agency staff in including a brief summary statement about pollution prevention during public meetings. PIC also makes pollution prevention literature available at all public meetings.
- PIC informs reporters and seeks media coverage of appropriate pollution prevention activities by all divisions of Ohio EPA. PIC also publicizes pollution prevention achievements internally in the Ohio EPA newsletter.
Future