Cal/EPA Environmental Management System Project Management System Project Update May 2001

Purpose and Approach

Finding effective and innovative ways to achieve superior environmental protection is the primary goal of the California Environmental Protection Agency (Cal/EPA) Innovation Initiative Environmental Management System (EMS) Project. Governor Gray Davis formally established the Cal/EPA EMS Project in 1999, by signing Assembly Bill 1102 (Stats. 1999, Ch. 65) codified in Public Resources Code (PRC), Section 71045 et seq. The Cal/EPA EMS Project is designed to inform public policy makers and engage stakeholders in determining whether and how the use of an EMS:

• increases public health and environmental protection and
• provides better public information than existing regulatory requirements.

In order to determine if an EMS provides these benefits, Cal/EPA has selected seven pilot projects. Data on changes in environmental performance and regulatory compliance, pollution prevention, and stakeholder involvement will be collected and evaluated, as well as information on the types and quality of information available to stakeholders.

A multi-disciplinary Cal/EPA team administered through the Office of the Secretary manages the EMS Project. Team members from the Air Resources Board, Department of Toxic Substances Control, Integrated Waste Management Board, and State Water Resources Control Board serve as project managers for the pilots.

Environmental Management System Definition

An environmental management system is a process by which an organization’s management identifies regulated and unregulated environmental aspects and impacts of its operations, assesses current performance, and develops targets and plans to achieve both significant and incremental environmental improvements. Environmental aspects are human or industrial activities, products, or services that can interact with the environment. Environmental aspects are evaluated as to whether they can cause significant environmental impacts or changes.

An EMS integrates environmental management into the organization’s overall management system by identifying the policies, environmental targets, measurements, authority structures and resources necessary to produce both regulatory compliance as well as environmental performance "beyond compliance." A continual improvement cycle is established through this process.

Pilot Projects

Cal/EPA is working with the seven following pilot projects, which are briefly described in the document titled, "Final Selection Criteria and Descriptions of Pilot Projects " available at http://www.calepa.ca.gov/EMS.

1. Anheuser-Busch in Fairfield,
2. Wastewater treatment facilities (Central Marin Sanitation Agency in San Rafael and San Diego Metropolitan Wastewater Department, Operation and Maintenance Division),
3. IBM Corporation in San Jose,
4. Lockheed Martin Aeronautics Company (formerly the Skunk Works) in Palmdale,
5. Artistic Plating in Anaheim,
6. Pentel of America, Ltd. in Torrance, and
7. Vineyards and wineries (Davis Bynum Winery and Benziger Family Winery in Sonoma County).

Pilot projects were proposed and selected based on meeting the criteria listed below.

1. Pilot projects will have an ongoing or planned EMS that can reasonably be expected to produce greater environmental protection than would otherwise be achieved by the existing regulatory process.
2. Pilot projects will engage in a multi-media environmental approach (e.g., air, water, solid and hazardous waste).
3. Pilot projects will pursue appropriate pollution and waste prevention opportunities.
4. Pilot projects will share information learned from EMS implementation with Cal/EPA, regional and/or local working groups, and the public. Pilot projects agree to provide specific data on the goals, implementation, and performance of their EMS as reported in the national and California supplemental data protocols.
5. Pilot projects will participate in the Northern or Southern California EMS Working Group.
6. Pilot projects will declare to Cal/EPA any current and past (three years) violations cited by environmental regulatory agencies.
7. Pilot projects will address known regulatory deficiencies, as required by the appropriate regulatory agency, through their EMS.
8. Pilot projects' top management will make a full commitment to participate in the project through a letter of intent.
9. Pilot projects will represent diversity in terms of location/geography, size, industry type or sector, environmental impacts, and in the range of EMS maturity.

Data Collection and Reporting Timeline

In coordination with other states, detailed data collection protocols have been developed to collect standardized information on EMS design and performance. The National Data Collection Protocols are available for review at <http://www.eli.org/isopilots/protocols.htm>. California Supplemental Data Protocols were developed in order to answer the questions provided in PRC Section 71045 et seq.; these protocols are in addition to the national data collection protocols. The California Supplemental Data Protocols are available for review at http://www.calepa.ca.gov/EMS. Together, the National and California Supplemental Data Protocols are known as the Evaluation and Monitoring Parameters for the Cal/EPA EMS Project. Using these combined protocols, pilot projects will submit information in the following categories:

• environmental performance,
• regulatory compliance,
• use of pollution prevention techniques,
• continual improvement,
• employee involvement,
• involvement of interested parties,
• quality and quantity of information to the public,
• EMS design, and
• EMS costs and benefits.

To determine baseline conditions, pilots submit data prior to implementing the EMS. To assess the short-term results of establishing an EMS, pilots will submit two updates of information following the introduction of the EMS. Descriptive information about the EMS design is being submitted to evaluate distinguishing EMS features and superior practices.

The Pilot Project Work Plans describe how each pilot project is being conducted and completed. The specific work plans include descriptions of roles and responsibilities, schedules, research objectives, stakeholder involvement, data management procedures, and data assessment and analysis techniques. Prior to final adoption, the specific Pilot Project Work Plans were reviewed by the Northern and Southern California Working Groups, A description of the Working Groups is provided below.

The Cal/EPA EMS Project team has made initial observations of results from implementing EMSs, based on preliminary data shared by several of the Cal/EPA pilot projects. Cal/EPA reports quarterly on progress to the State Legislature. An interim final report will be submitted to the Legislature in June 2001. A final analysis of results will be submitted to the Legislature by January 1, 2002.

Public Involvement and Outreach

Public and stakeholder involvement and outreach regarding this study include a web site, ongoing stakeholder working groups, and participation in the national EMS research initiative.

Public hearings were held in April 2000 in Northern and Southern California in fulfillment of the legislative requirement for a public hearing, followed by a one-month comment period. Receiving one procedural comment, Cal/EPA announced selection of the pilot projects as proposed and adopted the pilot selection criteria, model pilot project work plan, and monitoring and evaluation parameters.

Working Groups

Northern and Southern California Working Groups involving community groups, public interest organizations, industry, academia, and local, state and federal regulatory agencies have been established to facilitate dialogue about project design and implementation as well as regional concerns. The Working Groups are developing a common understanding and knowledge of EMSs through training organized by Cal/EPA and funded by a grant from the United States Environmental Protection Agency (U.S. EPA) Office of Water. Facility tours and EMS presentations have been provided by the pilot organizations. The Working Groups meet several times a year to advise pilot organizations on the development and continual improvement of their EMSs, evaluate the performance of EMSs, and explore related public policy issues.

Participation in Multi-State Working Group on EMSs

The Multi-State Working Group (MSWG) is a collection of participants from state environmental agencies, U.S. EPA, a substantial number of businesses, public interest groups, and academic institutions interested in the role of EMSs in providing improved environmental protection. In order to better understand the role of EMSs, the MSWG launched pilot programs in several states. An open process, involving quarterly meetings and annual workshops, has been established. Information from MSWG EMS pilot projects is collected in a national database.

California chairs the MSWG and, through the pilot projects, is contributing data on EMS performance and design to the national database. Cal/EPA planned and hosted the very successful national EMS workshop in San Diego in June 2000 that was co-sponsored by U.S. EPA and the MSWG. Proceedings are available at http://www.mswg.org.

The next annual EMS Workshop will be held June 4 and 5, 2001 in Philadelphia, Pennsylvania.

For more information on the Cal/EPA EMS Project, please contact Jennifer Smith Grubb at (510) 540-3315, or visit the web site at http://www.calepa.ca.gov/EMS/.