The PiE Process Debby Valin, P2 Coordinator August 25, 2005

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The PiE ProcessDebby Valin, P2
CoordinatorAugust 25, 2005
P2
Projects in Enforcement
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Basis for PiEsFlorida Statutes CH. 403

• Florida P2 Definition Act 403.031(8),
  403.072-074
• Defines P2 as non-mandatory efforts to reduce or
  eliminate contamination or pollution before
  discharge
• Goal of state agenciesto develop and implement
  P2 strategies
• State policy that P2 is necessary for materials
  and waste management activities

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Basis for PiEsDEP Directive 923

• Settlement Guidelines P2 Credits - 9
• Encourages enforcement staff to affirmatively
  consider/offer P2 option for penalty offset
• Involves P2 projects negotiated in consent/final
  orders
• Model SF / LF consent order documents and
  attachments are current
• P2 projects represent process improvements
• Up to 100 of the civil penalties may be offset
• Applicable expenses are allowed a 11 offset
• Cannot involve actions or costs required to
  comply
• 
  

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P2 Hierarchy

• Reduction
• Recycling
• Treatment
• Disposal

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Acceptable P2 Project Categories

• Source Reduction
• Material use reduction
• Process modification or elimination
• Waste Minimization
• Material substitution
• Operation and maintenance changes
• Training
• Equipment upgrades

• Recycling On-Site
• Re-use materials and chemicals
• Uses in other operations or processes
• Extend the life of by- products
• Water/energy conservation

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Unacceptable P2 Categories

• Treatment
• Re-use or recycling off site
• Pre-treating contaminants or removing water from
  wastes
• Emission control devices
• Disposal
• Wastewater treatment
• Land-filling
• Incineration

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P2 Opportunities

• Raw material reduction/re-use
• Process chemical reduction/substitution
• Water conservation/re-use/recycling
• Energy conservation or alternate forms
• Solid waste
• Air emissions
• Industrial waste
• Hazardous waste

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P2 Benefits

• Employee Health Safety
• Protection of Public Health Environment
• Reduced Risk of Liability
• Reduced Regulatory Burden
• Improved Image
• Increased Efficiency
• Cost Savings

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PiE Considerations

• Permanently improves a facilitys
  environmental performance and impact
• Provides opportunities for media other than
  that targeted in enforcement
• Involves pre-approved projects or research to
  determine potential projects
• Responsible party volunteers or agrees
• Not applicable where a history shows lack of
  integrity, competence or performance

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PiE Requirements

• Needs to result in a net decrease in the
  amount of toxicity of pollution released
• Not a transfer among environmental
  media
• Cannot include required corrective actions
• Only specific costs and expenses can be
  claimed
• DEP oversees project selection /
  implementation
• Assessment
• Planning
• Reporting
• DEP has legal recourse if project is rejected
  or PiE not properly implemented

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PiE Process

• Discuss a PiE with the responsible party
• Offer free help from P2 Program staff
• Facility assesses opportunities and identifies
  options with consultation
• Facility implements / documents expenses
• Report due upon completion
• DEP P2/Case staff review and approve each step

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PiE Flow Chart
PiEs Known
P2 Project Summary
SF/LF CO
PiE an Option
Final Report
PiEs Unknown
P2 Assessment Plan
SF/LF CO
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Model PiE CO Docs Revised

• Short-Form (SF) Consent Order
• With P2 Language
• Long-Form (LF) Consent Order P2 Paragraphs
• P2 Project Attachments 3
• 1 for SF LF COs when Projects are known
• cost accounting IS needed
• 1 for SF LF COs when Projects are known
• cost accounting IS NOT needed
• 1 for LFCO when Projects are UNKNOWN
• Effective August 19, 2005 See OGC
  Enforcement Manual

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Civil Penalty Offsets

• Costs that can be considered
• P2 Project Plan/Summary Preparation
• P2 Project Design
• P2 Project Installation
• P2 Project Construction
• P2 Project Testing
• P2 Project Training
• P2 Project Capital/Equipment

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Civil Penalty Offsets

• Costs that cannot be considered
• P2 Opportunity Assessment/Reporting
• Conceptual P2 Project Proposals
• Maintenance Operation
• Monitoring Reporting

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PiE Short Form Consent Order Model

• Specifies that ( 100) a certain dollar
  amount may be offset (less admin cost total)
• States that P2 Project(s) is described in
  Exhibit___
• (P2 Project Summary)
• Reflects that P2 Project(s) must be
  implemented per Exhibit___
• Requires P2 Project(s) must be started and
  completed in no later than ___ days
• Re-iterates requirement for Final Report
• Lack of timeliness will result in P2 Project
  forfeiture and payment of the civil penalty
  balance

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PiE Long Form Consent Order Model

• Specifies that ( 100) a certain dollar
  amount may be offset (less admin cost)
• Requires notification within 15 days that the
  PiE option is chosen
• States that P2 Project(s) must be used
  per paragraph___ if PiE option is chosen
• P2 Projects Exhibit or P2 Project Summary are
  attached as Exhibit___
• Asserts that requirements and time frames in
  Exhibit___ must be met

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P2 Projects Exhibit

• LF CO only
• Describes what is P2 and the tri-archy of
  methods
• Lays out a 5-step process
• P2 Opportunity Assessment
• P2 Project Plan
• P2 Project Implementation
• Progress Report
• Final Report

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P2 Project Summary ExhibitProject is Known
Cost is Certain

• Project Description
• Details
• Completion date
• Benefits
• Savings at front-end
• Savings at back-end
• Quantitative figures

• Project Cost
• Projected cost for each component
• Total should exceed the penalty offset amount
• Final Report and Project Termination
• Expense report
• Receipts
• Other documents itemizing costs expended

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P2 Project Summary ExhibitProject is Known
Cost is Uncertain

• Project Description
• Details
• Completion date
• Benefits
• Savings at front-end
• Savings at back-end
• Quantitative figures

• Project Cost
• Projected cost for each component
• Should not include a lump sum
• Progress and Final Reports
• Expense report
• Receipts
• Other documents itemizing costs expended

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P2 Project Summary Differences

• Project is either known or unknown
• Cost is known to meet or exceed offset amount
  or is uncertain
• Final Report is due only or follows a Progress
  Report
• Final Report is reviewed to determine whether
  Project was properly implemented only or which
  expenses apply toward P2 credits also

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Ready to Make Some PiEs?

• What kind of PiE was shown in the Intro?
• What 2 Docs set the basis for P2/PiEs?
• What is the P2 Hierarchy?
• What are Acceptable P2 Categories?
• What are Not Acceptable P2 Categories?
• What are some sources of P2 Opportunities?
• What are some P2 Benefits?
• When would a PiE Not be allowed?
• Does the PiE have to be tied to the violation
  source?
• What is the penalty amount match ratio?