DIVISION OF AIR POLLUTION CONTROL
P2 Excerpts from SFY 99 Environmental Performance Partnership Agreement (EnPPA), June,1998

Introduction (page 81)

Ohio EPA has developed a strategic plan for the operation of the DAPC in the future...DAPC will explore innovative and nontraditional methods, such as pollution prevention, to implement these strategies and improve the services which DAPC provides.

Enhance the Technical Service that DAPC Provides the Regulated Community (Both Large and Small Business). (page 86-87)

DAPC operates a Small Business Assistance Program, as mandated by the Clean Air Act, to assist the small business community. DAPC will provide procedures for the measurement of the success of the program and the quality of service that is provided.

The companies that are not considered small business, should also have an opportunity to receive the assistance in meeting the regulatory requirements. In particular, the DAPC budget is based upon approximately 60% fees or penalties. The bulk of these monies is obtained from large business. Therefore, there is an obligation on the part of DAPC to provide technical assistance to large companies and measure the success of that service. DAPC will provide technical assistance to large businesses by participating in seminars and conferences, and maintaining a web page and bulletin board system to provide guidance documents and efficiently distribute materials. DAPC will work with Ohio EPA's Pollution Prevention Office on pollution prevention activities and studies and provide pollution prevention information to facilities.

Reduce air toxics (page 87-88)

DAPC has had a goal to reduce air toxic releases by 25% over a five year period from 1992 through 1997 as measured by the Toxic Release Inventory (TRI) Program. The TRI is compiled annually by Ohio EPA after the data is submitted by various industries. The database represents the most accurate annual estimate of toxic releases from industry. The effectiveness of the following strategies to reduce air toxics will be determined when the 1997 TRI data is submitted by facilities in SFY 1998. Future goals and strategies for reducing air toxics will be determined at that time.

Strategy A: The Division will encourage pollution prevention and voluntary reduction strategies to continually reduce air toxic emissions.

DAPC will provide for the interchange of technical information and guidance among DAPC and LAAs and the Office of Pollution Prevention. DAPC will provide training to permit writers to recognize opportunities for pollution prevention or other reductions. DAPC will also include pollution prevention literature in mass mailings conducted by the Division. DAPC will allow flexibility so that facilities may use pollution prevention to meet regulatory requirements.

Strategy B: Provide timely Toxic Release Inventory information.

DAPC will make a statewide summary of the Toxic Release Inventory information available in a timely manner within five months of the submittal deadline. DAPC will release the data annually and highlight efforts made by facilities to reduce their toxic releases. DAPC will support community based initiatives and other programs such as pollution prevention initiatives using Toxic Release Inventory data to encourage the reduction of air toxics.

Operate a fair and efficient enforcement program for violations of air requirements.

(page 88)

Enforcement activities can be initiated from compliance activities, including plant inspections, citizen complaints, permit review, and stack testing data. Currently there are 125 pending enforcement cases. In an average year we would expect to handle 100 new cases. An inspection/surveillance program is necessary to ensure facilities maintain compliance with air pollution control laws and requirements and for the DAPC and the LAAs to remain eligible to obtain U.S. EPA air pollution control grants.

Operate an efficient, timely enforcement program that achieves the following performance levels: (page 88-89)

1. DAPC will resolve 40% of the enforcement cases that exist on the docket as of July 1, 1998, by July 1, 1999.

2. DAPC will resolve a minimum of 90 cases between July 1, 1998, and July 1, 1999.

3. Maintain a backlog of less than 100 enforcement cases.

4. Achieve a Minimum Compliance Percentage of 95% for all major facilities.

5. Include credit for pollution prevention in at least 10 cases in SFY99.

DAPC has implemented several improvements to improve the efficiency of the enforcement process. The review of some cases has been streamlined, and the enforcement action request form has been revised. DAPC will evaluate additional methods to improve the timeliness of enforcement during this fiscal year.

Operate a fair and efficient enforcement program for violations of air requirements.

(page 89)

There must be an enforcement effort with any regulatory program to ensure that there is compliance with the specified emission limits. At the same time, there must be a balance so that Ohio EPA is not viewed as being punitive in comparison to states that compete with Ohio. Also, paramount to any enforcement process is that companies are treated "fairly". That is, a violator in Cleveland is treated the same as a similar violator in Columbus. DAPC will maintain a system that provides for a consistent enforcement response. The enforcement program must also consider techniques that would be considered incentives to compliance programs, whether it be through self audit programs or penalty credit for pollution prevention projects. Methods to implement these strategies will be identified and implemented.