Cal/EPA Environmental Management and Sustainability Program
Environmental Management System Project Update
April 2000

Purpose and Approach

Finding effective and innovative ways to achieve superior environmental protection is the primary goal of the 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. 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 will conduct up to eight 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.

EMS Continual Improvement Cycle

Proposed Pilot Projects

Cal/EPA is proposing the following pilot projects:

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. Metal finishing companies (Artistic Plating in Anaheim and Gene’s Plating in Los Angeles),
6. Pentel of America, Ltd. in Torrance, and
7. Vineyards and wineries (Davis Bynum Winery and Benziger Family Winery in Sonoma County).

In proposing these pilot projects, Cal/EPA has considered the following selection criteria.

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 on 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 protocols have been developed to collect standardized information on EMS design and performance. The national data protocols are available for review through a web site link at http://www.eli.org/isopilots.htm.

In order to answer the questions provided in AB 1102, California is supplementing the national data protocols with a few additional questions. 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 will contribute data prior to implementing the EMS. To assess the short-term results of establishing an EMS, pilots will submit four semiannual updates of information following the introduction of the EMS. Descriptive information about the EMS design will be submitted to evaluate distinguishing EMS features and superior practices.

California is currently collecting performance baseline and EMS design data for existing proposed pilots. Cal/EPA reports quarterly on progress to the legislature and will provide a final analysis of results by January 1, 2002.

Public Involvement and Outreach

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

Public Hearing and Comment Period

Two public hearings, one each in Northern California and Southern California, are planned for May 2000 in order to receive public comment on the selection of pilot projects and evaluation and monitoring parameters. Comments may also be provided through the mail during a 30-day comment period. Pilot selection criteria and brief descriptions of the proposed pilot projects, model work plan elements, and evaluation and monitoring parameters will be provided to the public. The public hearing and comment period will be noticed through the mail, press releases, e-mail, and posting on the Cal/EPA web site. After receiving public comments, Cal/EPA will respond to the general comments and notice the selection of pilot projects and the establishment of evaluation and monitoring 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 U.S. EPA Office of Water. Facility tours and presentations are being provided by proposed pilot organizations. The working groups will be meeting three to four 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. Most recently, the California working groups met to provide informal review prior to the upcoming public hearings.

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 determine this, the MSWG launched pilot programs in several states. An open process, involving quarterly meetings and annual workshops, has been established. The MSWG operates the national database for information collected through state EMS pilot projects.

California chairs the MSWG and, through our pilot projects, is contributing data on EMS performance and design to the national database. California is planning and hosting the MSWG national workshop in San Diego June 5-6, 2000.

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