POLLUTION PREVENTION The EPA 33/50 Program

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POLLUTION PREVENTIONThe EPA 33/50 Program

• 1960S to 1980s - increasing environmental
  awareness
• Approaches
• 1) Regulations - Command and Control
• 2) Control of waste materials through chemical,
  mechanical, physical, even electrical treatment
  and collection (for disposal), transformation,
  and/or destruction of pollutants after they were
  generated.
• 1990s - Growing awareness of pollution
  prevention
• Approaches
• Prevent the generation of waste itself.
• Reduce the need to control wastes because they
  are not produced to begin with.
• Source OPPT - Pollution Prevention Success
  stories

2
POLLUTION PREVENTION Definition

• Prevention takes many forms
• Buying correct amount so no excess materials need
  to discarded.
• Producing less wastewater by better controlling
  the amount of water used in cleaning or
  manufacturing.
• Substituting non-toxic chemicals for hazardous or
  toxic materials currently used in processes.
• Re-engineering and redesigning manufacturing
  processing lines to take advantage of newer,
  clear process equipment.
• Source OPPT - Pollution Prevention Success
  stories

3
Pollution Prevention Act of 1990

• National Policy of the US
• Pollution should be prevented or reduced at
  source whenever feasible
• Pollution that can not be prevented should be
  recycled in an environmentally safe manner where
  feasible
• If pollution cannot be recycled or prevented it
  should be handled in an environmentally friendly
  way
• Disposal or release to the environment should be
  employed as a last resort and should be conducted
  in an environmentally friendly manner.
• 42 USC 13101-13109

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Voluntary Overcompliance

• Voluntary Overcompliance is a recent phenomenon.
• If the law requires toxic emissions reductions of
  50 some firms pledge to reduce more
• A firm overcomplies when they go beyond a stated
  law or regulation voluntarily.

Source Journal of Environmental Economics and
Management 28, 271 -286 (1995)
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Voluntary Overcompliance

• Factors leading to Overcompliance
• Dynamic nature of game between firms and
  enforcement agency
• Violators are threatened with perpetual
  surveillance so, even though the penalty is less
  than the cost of compliance, firms comply and
  often go beyond compliance.

Source Journal of Environmental Economics and
Management 28, 271 -286 (1995)
6
Voluntary Overcompliance

• Preference for environmental quality by consumers
  may combine with competition and induce some
  firms to overcomply
• Increased public scrutiny has led some firms to
  self-impose stringent emissions standards.
• Information about a firms environmental record
  is now available as part of Toxic Release
  Inventory.
• Growth in overcompliance coupled with consumer
  desire for environmental quality.
• Evidence is showing that those companies that
  make the investment to change early are much
  better off.

Source Journal of Environmental Economics and
Management 28, 271 -286 (1995)
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EPAs Partners for the EnvironmentExamples of
Voluntary Programs

• 33/50
• Climate Wise
• Energy Star
• Environmental Accounting Stewardship Program
• Project XL

• Pesticide Environmental Stewardship Program
• WasteWise
• Water Alliances for Voluntary Efficiency

Sourcehttp//www.epa.gov/ooaujeag/partners/metric
s.html
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EPAs Partners for the EnvironmentVoluntary
Programs

• 1997 - Partners grew from 6,882 to 8,030
• Members from every sector of the economy
• Fortune 500 companies as well as small companies
• Collectively these business saved 1.6 billion
• Achieved measurable environmental results with
  lower costs

Sourcehttp//www.epa.gov/ooaujeag/partners/metric
s.html
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EPAs Partners for the EnvironmentVoluntary
Programs in Action

• 1997 Success Highlights
• Reduced greenhouse gas emissions by preventing 79
  million metric tons of CO2 per year (tripled
  results from 1996)
• Saved 5.8 million gallons of clean water
• Prevented 7.6 million tons of solid waste from
  entering landfills
• Saved 1,020 trillion BTUs - enough to light 56
  million households for a year

Sourcehttp//www.epa.gov/ooaujeag/partners/metric
s.html
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Toxic Release Inventory(TRI)

• TRI data collected focuses on source reduction
  activities
• TRI is voluntary based, rather than risked based
  measure of pollution (exposure levels are not
  considered)
• Facilities which manufacture or process more than
  25,000 pounds or use more than 10,000 pounds of
  any reportable chemical must submit a TRI report
  for each chemical
• Source Journal of Environmental Economics and
  Management 28, 271 -286 (1995)

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Toxic Release Inventory(TRI)

• Data collected includes information on release
  into all media air, land, (on-site land,
  underground injection wells and off-site
  transfers) and water.
• Due to the public nature of the data collected
  and reported, the TRI may be the most significant
  measure of industrys overall progress in
  reducing wastes and releases.
• Source Journal of Environmental Economics and
  Management 28, 271 -286 (1995)

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TRI Data

• TRI data show aggregate year to year decreases in
  releases and transfers of more than 320 chemicals
• Decreases in Releases/Transfers
• 1988 - 1991 -31 / -34
• 1990 - 1991 -9 / -19

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Toxic Release Inventory(TRI)

• Limitations
• TRI data set is self-reported, therefore there
  exists an incentive to under-report the releases.
• May also be an incentive to over-report if firms
  expect to be rewarded for improvements to a
  baseline emission level.
• Source Journal of Environmental Economics and
  Management 28, 271 -286 (1995)

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TRI

• Critics of TRI suggest that changing database,
  different reporting requirements, and production
  volume decreases, rather than real pollution
  prevention, are the primary reasons that
  decreases are being seen in releases.
• Source July 26, 1993 CEN

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TRI, Pollution Prevention Act and 33/50 Program

• Connections
• There was anecdotal evidence that the publication
  of the TRI data in 1988 shamed several top
  polluting firms to voluntarily reduce toxic
  releases.
• The 33/50 program was developed in part to take
  advantage of this voluntary sentiment and its
  design was influenced by the Pollution Prevention
  Act 1990.

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Chemical Industry

• Leads all the other industries in releases _at_1.5
  billion pounds in 1991
• 90 of chemical manufacturing belongs to Chemical
  Manufacturers Association (CMA)
• Source July 26, 1993 CEN

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CMA

• CMA adopted Responsible Care Program (1988)
• Companies should strive for annual reduction,
  recognizing that production rates, new
  operations, and other factors may result in
  increases. Despite these fluctuations, the goal
  is to establish a long-term, downward trend in
  the amounts of waste generated and contaminants
  and pollutants released.
• Uses the TRI to measure progress
• Adherence to Responsible Care is a condition of
  membership in CMA
• Source July 26, 1993 CEN

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33/50 and CMA

• EPAs 33/50 program, which CMA supports as
  consistent with Responsible Care, is an example
  of a program where the focus has shifted from
  volume to environmental impact.
• It may be better in the overall scope of things
  to spend to reduce smaller volumes of highly
  toxic chemicals rather that focusing on those
  produced merely by highest volume.
• Source July 26, 1993 CEN

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Overview of the 33/50 Program

• EPA initiated 33/50 program in Feb. 1991
• Designed to reduce releases and transfers of 17
  high priority chemicals by 33 at end of 1992 and
  by 50 at the end of 1995.
• It encouraged firms to use less toxic substitutes
  and to reformulate products.
• Encouraged firms to redesign production processes
  to achieve source reduction, rather than resort
  to end-of-pipe clean-up.

• Source Journal of Environmental Economics and
  Management 28, 271 -286 (1995)

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Overview of the 33/50 Program

• 33/50 focused on 17 chemicals because
• The Chemicals selected for 33/50 program
  accounted for one-quarter of releases produced by
  industry
• Toxicity
• Volume in which they are produced by industry
• Pollution prevention mechanisms exist for these
  chemicals

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Chemicals Targeted by 33/50 Program

• Benzene
• Carbon tetrachloride
• Chloroform
• Dichloromethane
• Methyl ethyl ketone
• Methyl isobutyl ketone
• Cadmium and cadmium compounds
• Chromium and chromium compounds
• Cyanide compounds
• Lead and lead compounds
• Source EPA-745-R-99-004

• Mercury and mercury compounds
• Nickel and nickel compounds
• Tetrachloroethylene
• Toluene
• 1,1,1-Trichloroethane
• Trichloroethylene
• Xylenes

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Overview of the 33/50 Program

• 33/50 was a unique regulatory experiment which
• Stressed cooperation between regulators and
  industry
• Was non-adversarial
• Provided positive feedback to participants
• Awarded participating firms
• Participants commitments to achieve pollution
  prevention goals were not enforceable by law
  thus firms could renege on their commitment.
• Source Journal of Environmental Economics and
  Management 28, 271 -286 (1995)

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Overview of the 33/50 Program

• Incentives offered by the program include
• Public recognition by EPA(newsletters, PSA, trade
  journal articles)
• Awards for innovators and firms with outstanding
  pollution prevention achievements
• Flexibility to undertake the most cost-effective
  emission reductions
• Firms benefit form Pollution Prevention
  Information Exchange System (PIES) - technical
  information is available to both participating
  and non-participating firms

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33/50 and EPAs Enforcement Duty Caveat

• The voluntary nature of the program meant that a
  companys decision to participate did not change
  its responsibilities for complying with all other
  laws and regulations.
• Participation in the program was enforcement
  neutral
• a company would receive no special scrutiny if it
  elected not to participate
• received no relief from normal enforcement
  attention if it did elect to participate.

Source USEPA Reducing Risks Through Voluntary
Action. Aurora and Carson
25
Company Participation

• EPA Outreach
• Focused on facilities reporting to TRI on any of
  the 17 targeted chemicals from 1988 - 1994. This
  pool of Companies numbered almost 20,000.
• Initial communications were to CEO or parent
  companies.
• EPA Invited 5,000 companies to participate in
  1991.
• Subsequently invited 2,500 more over next three
  years.
• Targeted outreach to the 600 companies with
  greatest amount of releases and transfers to the
  environment.

33/50 Program The Final record Source
EPA-745-R-99-004
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Company Participation

• Approximately 1,300 signed agreements to
  participate (13 of all those targeted)
• These 1,300 companies were responsible for 60 of
  releases and transfers of the 17 TRI chemicals
  targeted by 33/50.
• 1,066 companies set measurable goals for reducing
  their releases and transfers of the 17 targeted
  chemicals against the 1988 baselines.
• These pledges totaled 370 million pounds,
  representing a little less than 1/2 of their
  total 1988 release and transfers of 778 million
  pounds.

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Flexibility in Goal Setting

• Other companies developed goals
• Tied to changes in their production levels
• By choosing alternative baseline years
• By setting reduction goals for all of their TRI
  reporting without specific goals for the 33/50
  chemicals.
• Choose pollution prevention to reduce their
  targeted chemicals.
• As a result
• 370 million pounds of pledged reductions
  represent a lower bound that companies attempted
  under 33/50 program.
• 33/50 Program The Final recordSource
  EPA-745-R-99-004

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EPA Program Evaluation33/50 Program

• Data is presented for three time periods
• 1988 - 1990 Captures information before program
  began
• 1990 - 1995 Measures progress during program
  tenure
• 1995 -1996 tracks development in first year
  after program ended

Source http//www.epa.gov/opptintr/3350/33finb1.h
tm
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33/50 Program Results

• General Results
• Pre-33/50
• 1988 - 1990 Releases and transfers of 33/50
  program chemicals decreased by 16 while releases
  and transfers of non-33/50 chemicals decreased by
  24.
• During 33/50
• 1990 - 1991 Releases and transfers of 33/50
  chemicals decreased by 21, while the releases
  and transfers of all TRI chemicals fell by 8 .
• One year after 33/50, reduction trend continues
• Source Journal of Environmental Economics and
  Management 28, 271 -286 (1995)

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33/50 Program Results
Source EPA-745-R-99-004
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33/50 Program Results
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33/50 Program Results
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33/50 Program Results
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33/50 Program Key Findings

• The program achieved its goal in 1994, one year
  ahead of schedule
• Largest reductions in 33/50 Program chemical
  emissions were driven by U.S. action to phase out
  ozone-depleting chemicals under the Montreal
  Protocol.
• Facilities also reduced releases and transfers of
  the other 33/50 chemicals (excluding ozone
  depleters) by 50 from 1988 to 1995.
• There is some indication that there have been
  shifts toward on-site treatment and releases to
  land and water away from air.

Source EPA-745-R-99-004
40
33/50 Program Key Findings

• Facilities reported more source reduction
  activity for 33/50 chemicals than for other TRI
  chemicals.
• Activity covered a greater percentage of
  production-related waste for 33/50 chemicals than
  for other TRI chemicals.
• Reductions continued at a higher rate for 33/50
  chemicals than for other TRI chemicals in the
  year after the 33/50 Program ended

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Methods Used to Meet P2 Goals

• Materials substitution is a very common method to
  reduce wastes and emissions
• Olin has eliminated use of 1,1,1 trichloroethane
  (TCA) and dichloromethane used as degreasers by
  using an alkaline and hot water rinsing system.
• DuPont is now using high pressure water for
  cleaning equipment in its fluroelastomer
  production facility.

42
Methods Used to Meet P2 Goals

• Recycling has become a frequently used means for
  managing waste
• Allied signal installed a sulfuric acid
  purification system and reduced waste by 250,000
  lb/yr.
• American Cyanamid designed a facility to recover
  sulfuric acid and other chemicals that they
  previously disposed of through deep-well
  injection.

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Another Look at Results

• Of total reduction in releases of these 17
  chemicals during 1988 - 1993, 40 took place
  between 1988 and 1990 - before the program
  started.
• Between 1991 and 1993 releases by participants
  fell by 41 and non-participants by 18.
• It is inappropriate to attribute all the
  reductions that occurred since 1991 to the 33/50
  Program, according to the GAO, because some was
  achieved by non-participants.
• Toxic Watch reports that 31 of participants had
  achieved some reduction in release before 33/50
  program. Firms that had already demonstrated
  reductions relative to 1988 baseline would be
  more likely to join.

Source EPAs 33/5- Program Impact on Toxic
Releases and Economic Performance of Firms
Khanna/Damon
44
Overview of the 33/50 Program

• Conclusion
• Companies emitting largest amounts of toxic
  releases are most likely to take part in the
  program.
• Voluntary programs may work because they target
  the companies with the greatest reduction
  potential.
• Public awareness plays a key role and can
  increase participation by encouraging competition
  in environmental quality.
• EPA should provide substantial public recognition
  and awards to firms achieving real reductions.
• Source Journal of Environmental Economics and
  Management 28, 271 -286 (1995)