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Texas

Innovation in Environmental Permitting;
Applying Environmental Management Systems
to the Operational Requirements of Municipal Solid Waste Landfills

Target Facilities: Municipal Solid Waste (MSW) Landfills in the State of Texas, Texas Commission on Environmental Quality (TCEQ)

This project has a significant component related to municipal solid waste management and permitting under the Resource Conservation and Recovery Act. Success of this project in Texas would be used to encourage RCRA subtitle D facilities to implement Environmental Management Systems in their waste management programs.

This project would be funded solely by this grant and the State of Texas.

There is no additional regulatory flexibility anticipated at this time. Current Environmental Management Systems authorized incentives would be used. Regulatory flexibility from EPA may be sought, should industry request and TCEQ concur on incentives requiring EPA approval.

XXX and Executive Management of the TCEQ fully endorse this grant request.

Contact.
Richard C. Carmichael, Ph.D., P.E., Manager; Municipal Solid Waste Permits Section; Texas Commission on Environmental Quality; P.O. Box 13087, MC 124; Austin, Texas 78711-3087; Phone: (512) 239-6629; Fax: (512) 239-6000; Email: rcarmich@tceq.state.tx.us

Pre-proposal Project Narrative

The TCEQ is requesting financial assistance to fund an innovative permitting project to develop a guidance document and audit protocols that would allow the application of environmental management systems to the operations of municipal solid waste landfills across the State of Texas. Permitted facilities would be give the option of developing a detailed and specific Site Operating Plan (SOP) (current practice) or implementing an Environmental Management System (EMS). The engineering design and construction of an MSW landfill can be regulated to ensure protection of human health and the environment. Siting/land use criteria can be established to control quality of life and mitigate environmental impacts. The engineering design, construction details, and siting/land use can all be decided during the permitting process and stipulated in the permit. Once a permit is issued, the regulatory challenge is to oversee the day-to-day operations without being too burdensome to the landfill, but responsive to public demands to control nuisances and protect the environment.

Writing a site operating plan that is sufficient to facilitate day-to-day operations for the life of the landfill, flexible enough to address changing circumstances and unanticipated situations, enforceable, and meets public expectations to control nuisances has been elusive. While everyone recognizes that a SOP is a necessary and useful document, there is a wide divergence of opinion as to what form the requirements should take (prescriptive vs. performance) and the amount and level of detail to be included. TCEQ is proposing an innovative approach to use environmental management systems to achieve the results that the SOP approach strives to yield.

The historical approach has been to write a patchwork of prescriptive and performance based standards that should conceptually result in compliance with rules intended to control a litany of nuisances such as nauseating odors, windblown trash, and large populations of insects and rodents that the surrounding public finds extremely invasive to their quality of life. Past attempts to develop SOPs that dictate on a step-by-step basis how operators are to manage their facilities in a manner that avoids negative impacts to the surrounding public, while well intended, have met with mixed success. The public perception is that failures out number successes and enforcement generally comes only after citizen complaints/actions. It is clear that procedures alone are not the answer. Everyone involved in the operation of the landfill, including management, must be involved and committed to achieving success. Environmental management systems if effectively implemented, can yield this type of involvement.

TCEQ proposes to develop a framework for the implementation of environmental management systems as a means to conduct the day-to-day operations of a municipal waste landfill in a manner that makes the landfill a “good neighbor” and yields measurable performance results in three areas: compliance, control of liability, and reduction in pollution from ongoing operations. This framework would take advantage of the EMS development that has already taken place in Texas and take it a step further. This proposal would test the applicability and effectiveness of using an EMS to yield the performance results that were intended by the historical prescriptive approach.

TCEQ EMS Program History: The TCEQ has an active EMS program in place so that the first phase of implementing EMS in TCEQ permitting programs is not part of this grant request. The 77th Texas Legislative Session directed the TCEQ to adopt a comprehensive program that provides regulatory incentives to encourage the use of EMSs by regulated entities, state agencies, local governments, and other entities and to integrate EMSs into permitting, enforcement, and compliance assistance. The Texas EMS rules establish the minimum requirements for a Texas EMS, outline categories of incentives, establish the framework for evaluation of EMSs by the Executive Director (ED) including criteria for the ED to use in approving third- party audits, establishes that federal incentives will only be available to persons that meet EPA’s National Environmental Performance Track (NEPT) program criteria, gives the ED broad authority in granting incentives, and establishes provisions for the ED to terminate incentives. TCEQ signed a Memorandum of Agreement (MOA) with the EPA in February 2002 to work together on developing incentives and aligning the Texas EMS program and Clean Texas with NEPT. TCEQ and EPA have finalized a work plan that provides the federal incentives to sites accepted into TCEQ’s EMS Leadership program, rather than requiring sites to go directly through EPA.

A total of 40 TCEQ staff have been trained as International ISO 14000 Lead Auditors in a five-day certified course. This included 20 from the Small Business & Environmental Assistance Division and 20 from other TCEQ divisions (including MSW Permits). TCEQ staff have conducted mock audits with ISO 14000 certified Lead Auditors at the University of Texas MD Anderson Cancer Center in Houston, Sony Electronics in San Antonio, Bayer Corporation in Baytown, and Rohm and Haas in Deer Park. Staff also participated in an audit with EPA of a NEPT facility--Lockheed Martin Missiles and Fire Control, Dallas Operation.

An incentives package has been developed and approved by agency management. Several incentives have already been implemented, including offering reduced fees for EMS training, 10% credit under compliance history, exemption from pollution prevention planning required under the Waste Reduction Policy Act, and low inspection priority for EPA inspections. Other incentives are still being worked through rule changes, internal policy changes or through our MOA with EPA.

Stakeholder Involvement: Oversight of the development of a SOP incorporating the application of EMS will be performed by a stakeholder group comprised of the Texas Municipal Solid Waste Management and Resource Recovery Advisory Council (Council). The Council was established by the 73rd Texas State Legislature to, among other things, assist the agency in special studies and projects to further the effectiveness of municipal solid waste management and recovery for the State of Texas. In the past, the council provided advice to the TNRCC (TCEQ) on issues relating to the implementation of Subtitle D of RCRA. The counsel is composed of 18 members representing a variety of interests involved or concerned
with the management of solid waste, including municipal and county governments, local solid waste management agencies, commercial waste management companies. environmental conservation organizations, regional planning councils, and the general public. The Council meets quarterly, or more often if needed.

While the primary stakeholder group will consist of the Council, other interested parties may be invited. Additionally, periodic public meetings will be held to invite public involvement and comment. The object of the project is to try to balance prescriptive and performance based standards in a manner that both the public and regulated community perceive as balanced and fair.

Specific Tasks and Deliverables

The project will be divided into five steps:

  1. Mock audit of identified landfill(s)
  2. Identification of environmental aspects
  3. Assessment of aspect risks/impacts
  4. Development of guidance document and audit protocols
  5. Measure and monitor performance results for site(s) that receive mock audits

The first deliverable in the project will be to identify a landfill and conduct a mock audit. The audit will focus on identifying environmental aspects, identifying root causes of lack of performance, and identifying areas where an environmental management system could improve performance.

The second deliverable will be a list of environmental aspects associated with landfill operations. The identification of environmental aspects will start with the current requirements for a SOP found in 30 Texas Administrative Code (TAC) 330 Sections 114 to 139, but include all relevant emissions/releases, potential contamination pathways, natural resources, and local environmental and community issues. Identifying environmental aspects will include visits to operating landfills. The list of environmental aspects will be measured against the existing list of requirements found in 30 TAC 330 and evaluated by the Council for completeness.

The third step of the project will be to rank the environmental aspects using a risk-analysis matrix based on potential and perceived risks and impacts to human health and the environment. The ranking would be accomplished by the Council as well as at a series of public meetings. It is proposed that the ranking exercise be conducted by an independent consultant trained in the process.

The fourth step would be to develop a written model guide for implementing EMSs at landfills based on the aspects analysis and prioritization along with written audit protocols. The guideline and audit protocols are two distinct deliverables. The guidance document sets forth the goals, structures, controls, monitoring, nonconformance criteria, corrective and preventive actions, record keeping requirements, internal audits, and management review. The primary focus will be the effective implementation of a plan that achieves environmental performance and not on a complex documentation control system. The second will be the audit protocols. The audit protocols are as important as the plan because they will be used to judge the success of the EMS. The audit protocols will be used by the landfill for internal audits as well as the TCEQ and/or a third party auditor.

The fifth step would be to measure and monitor the results for the site that received the mock audit. The results of the mock audit would be used to assure that the generic landfill aspects analysis and model guide are inclusive of real issues, and to have “on the ground” information about typical root-causes issues. These results would be rolled into the development of the generic material. In order to afford the site a level of confidentiality, the results of the mock audit would not be shared broadly with the stakeholder group.

The goal of the project is to develop a model MSW landfill SOP incorporating EMS that could be universally applied. The positive outcome of the project would be a SOP that incorporates a system of common sense core procedures sufficient for day-to-day operations, flexible enough to manage changing conditions, while addressing public concerns of odor, windblown trash, vector control, etc.

Program Criteria

5.2.1 Target Priority Environmental Issues:

The proposal to apply EMS to over 240 active MSW landfills in the State of Texas would take advantage of the EMS development already in place and take it a step further in MSW permitting. The project would explore additional incentives for specific landfills, implement a results-based goals and measures system for the operation of landfills, and foster a more “innovation-friendly” organizational culture and system.

5.2.2 Likely Improvement in Results From Project Implementation.

This project is focused on improving the day-to-day operations of municipal waste landfills in a manner that makes the landfill a “good neighbor” and yields measurable performance results in three areas: compliance, control of liability, and reduction in pollution from ongoing operations. As such, it cuts across permitting programs in municipal solid waste, air, and water. The TCEQ’s experience with other facilities in Texas has documented positive results in the reduction of releases of contaminants and cost savings to both the regulated community and the agency.

5.2.2.1: TCEQ is proposing an innovative approach to use environmental management systems and performance-based standards to achieve the results that the SOP approach was intended to yield. The historical approach has been to write a patchwork of prescriptive and performance-based standards that conceptually should result in compliance with regulations. Past attempts to develop SOPs using this approach have met with mixed success.

5.2.2.2: Applying EMS to landfill operations is new to landfills, but not new in large international companies such as Lockheed Martin, E.I. Dupont, Applied Materials, and others who currently participate in the Texas EMS program. The proposed project builds on “lessons learned” in the Texas EMS program along with other state programs (such as Colorado), and the federal EPA.

5.2.2.3: The greatest quantifiable improvements in environmental outcomes anticipated are in the control of a litany of landfill emissions associated with air and water that the surrounding public finds extremely invasive to their quality of life. An indirect result of the above will be a reduction in emissions associated with green house gases, dust, etc.

5.2.2.4: Landfill operations are constantly changing to address new regulations, technology, site conditions, etc. Such changes require regular modifications of landfill permits which are costly for both the regulated landfill and the TCEQ. Implementation of an EMS approach to landfill operations will result in a reduction in the type and number of permit modifications processed to address those changes. The reduction of paperwork will result in greater efficiency and cost savings to both the TCEQ and the regulated landfill.

5.2.2.5: Having a flexible and dynamic SOP will encourage more efficient landfill operations due to the resultant cost savings attributable to the permit holder spending less time and resources in responding to complaints and inspections.

5.2.3 Measuring Improvement and Accountability

The project will use the current version of EPA's National Environmental Performance Track Environmental Performance Indicators. The TCEQ has provided formal comment on the EPA protocol and is using the EPA protocol for it's EMS program. The TCEQ may propose to modify the protocol criteria slightly to make them more landfill specific.

5.2.3.1: The goals for the project are to develop a framework for the implementation of EMS as a means to conduct the day-to-day operations of a municipal waste landfill in a manner that makes the landfill a “good neighbor” and yield measurable performance results in three areas: compliance, control of liability, and reduction in pollution from ongoing operations.

5.2.3.2: Indicators will be the result of the landfill mock audits conducted as part of this project following implementation of the EMS program.

5.2.3.3: The baseline measurements will be developed in steps one through four of this project.

5.2.3.4: It is anticipated that the first mock audit will be conducted six months following implementation of an EMS site operating program. As discussed above, Texas has trained, experienced personnel to conduct audits and has a history of performing EMS audits.

5.2.3.5: The short term EMS program expectations are to build public trust in landfill operations, to yield measurable performance results in compliance inspections, to reduce pollution from ongoing operations, and to provide landfill operators with a high degree of regulatory certainty in their operations.
5.2.3.6: A fully implemented EMS will yield a dynamic SOP that will continue to improve on short term gains and encourage continuing improvement in landfill operations throughout the life of the landfill. It will also provide the public and the TCEQ with a consistent methodology to compare statewide landfill operations.

5.2.4 Transferring innovation The project will use the current version of EPA's National Environmental Performance Track Environmental Performance Indicators.

5.2.4.1 The project will use the current version of EPA's National Environmental Performance Track Environmental Performance Indicators. The TCEQ has provided formal comment on the EPA protocol and is using the EPA protocol for its EMS program. Results will be published and may be posted on the TCEQ web site.

5.2.4.2 The results of this EMS grant project will be completely rollable into other state and EPA EMS programs.

5.2.4.3 An effectively implemented EMS will yield involvement of all landfill personnel in landfill operations committed to achieving success. It will also allow for public involvement.

5.2.4.4 Texas can provide speakers, presentations, and TCEQ staff trained as International ISO 14000 Lead Auditors to assist other states interested in an EMS approach to landfill operations. Additionally, the implementation of the EMS grant project will be documented and available on request.
. 4.3. Schedule with Milestones & Reporting

Project milestones and deliverables are detailed below. The required reports will be integrated into the schedule, but are not included below:

April 2004 Scoping
  • TCEQ Staff and Council meet/agree on project scope
  • TCEQ hires contractor
May 2004 Mock Audit Setup
  • TCEQ identifies volunteer landfill(s) for mock audit
  • Establish audit team and set up audit methodology
June 2004 Audit Field Work
  • Team performs mock audit(s)
  • Identification of environmental aspects begin
August 2004 Identification of environmental aspects
  • Identification of environmental aspects
  • Assessment of aspect risks/impacts
  • Meet with public and stakeholders
  • Concurrent research and documentation
January 2005 Development of Guidance Document and Audit Protocols
  • Develop guidance document
  • Develop audit protocols
  • Meetings with public and stakeholders
  • Review rule packages for implementation.
August 2005 Final Guidance Document and Audit Protocols
  • Final guidance document and audit protocols published
  • Mock audit landfill(s) submit EMS program
  • EMS program accepted
April 2006 Final Guidance Document and Audit Protocols
  • Mock Audit(s) conducted
  • Measure and monitor performance results for site(s) that received mock audit
June 2006 Publication of Final Project Report
  • Publish final report on performance results based on audit(s).Proposed Budget Summary

State: Texas
Agency: Texas Commission on Environmental Quality
Project Title: Innovation in Environmental Permitting; Applying Environmental Management Systems to the Operational Requirements of Municipal Solid Waste Landfills
Project Duration: The proposed budget covers a 3 year period. EPA funding will be obligated in the year received.

<Budgetary Information Withheld by U.S. EPA>


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