[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Pages 47434-47437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17789]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7797-2]


Local Resource Centers to Assist Public Entities Develop 
Environmental Management Systems (EMS)

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for public comment.

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SUMMARY: This Notice requests public comments on the efforts of the 
United States Environmental Protection Agency (EPA) to promote the 
adoption of environmental management systems (EMS) by local governments 
and other public entities through the establishment of EMS Local 
Resource Centers. EPA is seeking comments particularly from not-for-
profit organizations interested in providing technical assistance to 
public entities that are considering adopting EMSs for their 
operations.
    The EPA, through a cooperative agreement with the Global 
Environment and Technology Foundation (GETF), is interested in 
providing financial and technical assistance for up to three additional 
not-for-profit organizations who would then work with various public 
entities, primarily local governments, that are interested in 
developing EMSs. The financial and technical assistance provided to 
these not-for-profit organizations could include help with developing 
business plans, providing relevant EMS materials to facilitate each 
organization's existing EMS assistance activities, train-the-trainer 
sessions on ways to address the needs of public agencies, and other 
marketing services. Each not-for-profit organization would also gain 
increased attention, and recognition of the key role they can play in 
meeting the growing needs of public agencies wishing to adopt EMSs 
through a Web site managed by GETF at www.peercenter.net, and other 
means.
    This Notice is soliciting comments from not-for-profit 
organizations interested in becoming part of an existing program 
involving seven organizations around the country. These EMS Local 
Resource Centers, which were first designated in 2002, are now working 
with public agencies around the country to educate and assist them to 
develop EMSs. A list of these Local Resource Centers and more 
information about their services can be found at www.peercenter.net. 
EPA, in cooperation with the Global Environment and Technology 
Foundation (GETF), is now interested in receiving comments and 
information from additional not-for-profit organizations that would be 
interested in serving as a Local Resource Center and providing EMS 
assistance to public entities. EPA is particularly interested in 
receiving comment from organizations located in areas of the country 
not now served by an existing EMS Local Resource Center in EPA Regions 
VII, VIII, and IX. Region VII includes the States of Missouri, Kansas, 
Nebraska, and Iowa. Region VIII includes the States of Colorado, Utah, 
Montana, Wyoming, North Dakota, and South Dakota. Region IX includes 
the States of California, Arizona, Nevada, Hawaii, and the U.S. 
Territories of Guam and Northern Mariana Islands.

DATES: Responses to this Notice, identified by docket identification 
(ID) number OW-2004-0018, must be received on or before September 7, 
2004.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the instructions as provided in 
Section I of the SUPPLEMENTARY INFORMATION.
    In addition, a copy of the comments should also be submitted to 
Nick Martin, Global Environment and Technology Foundation (GETF), 2900 
South Quincy Street, Suite 410, Arlington, Virginia 22206, (703) 379-
2713, Ext. 290, [email protected].

FOR FURTHER INFORMATION CONTACT: Jim Horne, U.S. EPA, Office of Water, 
by phone at (202 564-0571, or by e-mail at horne.james@epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Notice and Other Related Information?

    1. Docket: EPA has established an official public docket for this 
Notice under Docket ID No. OW-2004-0018. The official public docket 
consists of the documents specifically referenced in this Notice, any 
public comments received, and other information related to this action. 
Documents in the official public docket are listed in the index list in 
EPA's electronic public docket and comments system, EDOCKET. Documents 
may be available either electronically or in hard copy. Hard copy 
documents may be viewed at the Water Docket in the EPA Docket Center 
(EPA/DC), EPA West, Room B-102, 1301 Constitution Avenue, NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Water Docket is (202) 566-
2426.
    2. Electronic Access: Your may access this Federal Register 
document electronically through the EPA Internet under the Federal 
Register listings at http://www.epa.gov/fedregstr/. An electronic 
version of the public docket is available through EDOCKET. You may use 
EDOCKET at http://www.epa.gov.edocket/ to view public comments, access 
the index listing of the contents of the official public docket, and 
access those documents in

[[Page 47435]]

the public docket that are available electronically. Once in the 
system, select ``search,'' then key in the appropriate docket 
identification number referenced above.
    Certain types of information will not be placed in EDOCKET. 
Information claimed as Confidential Business Information (CBI) and 
other information whose disclosure is restricted by statute, and which 
is not included in the official public docket, will not be available 
for public viewing in EPA's electronic public docket. EPA's policy is 
that copyrighted material will not be placed in EPA's electronic public 
docket, but will be available only in printed, paper form in the 
official public docket. Publicly available docket materials that are 
not available electronically may be viewed at the docket facility 
identified in Section I.A.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, confidential business information (CBI), 
or other information whose disclosure is restricted in statute. When 
EPA identifies a comment containing copyrighted material, EPA will 
provide a reference to that material in the version of the comment that 
is placed in EPA's electronic public docket. The entire printed 
comment, including the copyrighted material, will be available in the 
public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic pubic docket along with a brief 
description written by the docket staff.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comments. The docket identification number for this 
Notice is OW-2004-0018. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late''. EPA is not required to 
consider these late comments.
    1. Electronically. If you submit an electronic copy as prescribed 
below, EPA recommends that you include your name, mailing address, and 
an e-mail address or other contact information in the body of your 
comment. Also, include this contact information on the outside of any 
disk or CD ROM you submit, and in any cover letter accompanying the 
disk or CD ROM. This ensures you can be identified as the submitter of 
the comment and allows EPA to contact you in the case EPA cannot read 
your comment due to technical difficulties or needs further information 
on the substance of your comment. EPA's policy is that EPA will not 
edit your comment, and identifying or contact information provided in 
the body of the comment will be included as part of the comment that is 
placed in the official public docket, and made available in EPA's 
electronic public docket. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment.
    i. EDOCKET. Your use of EPA's electronic public docket to submit 
comments electronically is EPA's preferred method for receiving 
comments. Go directly to EDOCKET at http://www.epa.gov/edocket, and 
follow the online instructions for submitting comments. Once in the 
system, select ``search'' and then key in the Docket ID No. OW-2002-
0018. The system is an ``anonymous access'' system, which means EPA 
will not know your identify, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail to [email protected], Attention Docket ID Number OW-2004-0018. In contrast to 
EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send e-mail comments directly to 
the docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured in EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may also submit comments on a disk or CD 
ROM that you mail to the mailing address identified in Unit I.A.1. 
These electronic submissions will be accepted in WordPerfect or ASCII 
file format. Please avoid the use of special characters and any form of 
encryption.
    2. By Mail. Send your comments to: Water Docket, Environmental 
Protection Agency, Mailcode: 4101T, 1200 Pennsylvania Ave., NW., 
Washington, DC, 20460.
    Attention: Docket ID No. OW-2004-0018.
    Finally, please provide an additional copy of your submission to: 
Nick Martin, Global Environment and Technology Foundation (GETF), 2900 
South Quincy Street, Suite 410, Arlington, Virginia 22206, 
[email protected].
    3. By Hand Delivery or Courier. Deliver your comments to: Public 
Reading Room, Room B-102, Attention Docket ID No. OW-2004-0018, EPA 
West Building, 1301 Constitution Ave., NW., Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified in Unit I.A.1.
    Regardless of the method you choose, please provide the name of a 
person in your organization that EPA may contact, along with that 
person's mailing address, phone number, and E-mail address. This 
information is needed for EPA to selectively follow up with commenters, 
as explained in the Section V. of this Notice.

II. Background

    Public entities, including local governments and local authorities, 
are responsible for managing and maintaining large-scale physical 
plants. These may include power systems, wastewater treatment 
operations, water systems, and roadways. Local authorities are also 
responsible for managing solid and hazardous waste. As the front line 
implementers of environmental programs, they protect the health and 
safety of hundreds of millions of citizens. Faced with shrinking 
resources and aging infrastructure, public entities must manage their 
operations in a more efficient manner, at lower cost, and with less 
environmental impact. EMSs are an important emerging tool to help 
public entities do this.
    EMSs follow Stewart and Deming's plan, do, check and act systems 
methodology and can be implemented by organizations of all sizes and 
types. They provide a set of problem identification and problem-solving 
tools that can be implemented in an organization in many different 
ways, depending on its activities and needs. Based on the 
organization's core values, business goals, and environmental 
commitments, employees examine their environmental footprint and the

[[Page 47436]]

procedures they use to manage environmental issues. They incorporate 
strong operational controls and environmental responsibilities into 
existing job descriptions and work instructions. They set measurable 
objectives and targets, monitor, measure, and evaluate progress, find 
and fix environmental problems as they occur, and provide top 
management with a feedback loop to assess progress and make appropriate 
changes to the management system. The various elements of the EMS work 
together to provide opportunities to continually improve management of 
environmental impacts both in regulated areas and in areas that are not 
regulated (e.g., odor, water or electricity use, and growth 
management).
    Key elements of the EMS include:
     An environmental policy statement endorsed and actively 
promoted by senior management;
     A planning process that identifies the organization's 
environmental impacts and integrates their management into the 
organization's regular business and operations decisions;
     An organizational structure that places environmental 
responsibilities directly with employees in operational functions that 
deal with significant environmental impacts;
     An implementation process that stresses training, 
communication, operational controls, and reaching measurable goals--all 
oriented toward reducing risks of significant environmental impacts and 
continually improving environmental management;
     Measurement and auditing procedures that focus on finding 
and fixing problems and reducing the chances of their recurring; and,
     Periodic top management review of the EMS to ensure 
continual improvement.
    Since 1996, the most commonly used framework for an EMS is the ISO 
14001 Environmental Management Standard developed by the International 
Organization for Standardization (ISO). The ISO was established in 1947 
with the mission of developing voluntary technical standards to promote 
international trade in goods and services.
    For the last several years the EPA has been promoting the adoption 
of EMSs to help public entities, particularly local governments, 
improve their environmental performance beyond compliance, prevent 
pollution, promote greater environmental stewardship across the 
workforce, and improve their overall efficiency. EPA has issued an 
overall EMS Position Statement and is using EMSs in a wide variety of 
voluntary programs. More information about EPA's position on EMSs can 
be found at www.epa.gov/ems.
    The EPA's Office of Water (OW) has played a leadership role in 
bringing EMS capacity to local governments. This leadership has 
continued and expanded to include other Headquarters and Regional 
Offices. Since 1997, through a cooperative agreement with GETF, OW has 
supported three EMS initiatives helping local governments test the 
applicability and benefits of an EMS on environmental performance, 
compliance, pollution prevention, and stakeholder involvement in 
government operations. In total, 32 local governments have participated 
in developing and implementing their own EMSs through these two 
initiatives.
    The agencies participating in these three initiatives have realized 
a wide range of benefits including improved environmental performance 
and compliance, reduced operational costs, increased recycling, 
improved relations with their communities and regulatory agencies, and 
improved operational controls and internal communication. More 
information about these projects and the specific benefits the 
participating agencies have seen can be found at www.peercenter.net.

III. The National Public Entity EMS Resource Center: The Peer Center

    The EMS initiatives described above have helped to demonstrate the 
relevance of EMSs in the public sector and established a solid basis 
for expanding EMS adoption for public agencies, especially local 
governments. The strong enthusiasm and tangible environmental results 
demonstrated through these initiatives suggest substantial long-term 
benefits from EMS implementation and ensure the parallel development of 
sustainable management practices in both the private and public 
sectors. Public entity EMS implementation has sparked interest from 
government leaders around the world. Building on the successes of these 
efforts, EPA, through a cooperative agreement with GETF, launched the 
National Public Entity Environmental Management System Resource 
Center--the National PEER Center in 2002.
    The PEER Center's goals are three-fold:
     To promote the understanding and adoption of EMSs by 
public entities;
     To facilitate peer-to-peer exchange of information and 
experiences and build awareness of EMSs as a tool to improve 
environmental performance; and
    To build regional EMS competence and technical assistance capacity 
through EMS Local Resource Centers.
    The PEER Center consists of two major components: A national 
clearinghouse and seven EMS Local Resource Centers.

National Clearinghouse of EMS Information

    The National PEER Center Clearinghouse is currently in place 
(www.peercenter.net) and link users to a national database of key 
resources such as sample EMS documentation, local and state EMS 
programs in place, EMS service providers, detailed descriptions of the 
EMS implementation phases, trainers, mentors and course providers, as 
well as training materials, web links, contact information, and case 
studies. The Clearinghouse also serves to clarify the elements of 
environmental management systems and programs. It provides case 
studies, reports, implementation guidance, and other information to 
help public entities understand EMSs, their potential benefits, and 
ways to develop them for various operations.

EMS Local Resource Centers

    Critical to the effectiveness and success of the PEER Center are 
seven existing EMS Local Resource Centers (LRCs) that advance the use 
of EMSs in public entities. Building on individual EMS skills and 
competencies, and leveraging the successes and skills of the other LRCs 
and the National PEER Center, each LRC serves as a high-quality EMS 
resource center for the public entities in their area. The LRCs 
facilitate information transfer, provided training, and government-to-
government mentoring in order to maximize public entities' time and 
resource investment in EMS implementation. The joint efforts of the 
National PEER Center and the LRCs are helping an increasing number of 
public entities, particularly local governments, that develop EMSs for 
various operations. More information about each Center can be found at 
www.peercenter.net.
    Activities that the existing Centers are currently providing 
include:
     Leveraging their existing EMS expertise to provided 
training, technical assistance, tools and materials that will 
facilitate EMS implementation on the public sector;
     Using their data, information, resources and key contacts 
to encourage EMS information transfer and facilitate government-to-
government mentoring;
     Leading regular and frequent outreach activities to 
increase awareness and understanding of EMS applicability

[[Page 47437]]

among public entities in their local/regional area;
     Collecting data and information and preparing case studies 
about EMS implementation in public entities and assisting in the 
dissemination of this information across public organizations;
     Facilitating information transfer between the PEER Center 
Clearinghouse and other Local Resource Centers to ensure access to the 
most current data, information, tools, keys to success, and lessons 
learned; and
     Facilitating EMS workshops and conferences in their local/
regional area
    Based on the experiences of these existing Centers, EPA is 
interested in receiving feedback from other not-for-profit 
organizations that are already providing some degree of EMS services in 
their respective areas, and may now wish to become a Local Resource 
Center. EPA is especially interested in hearing from organizations in 
areas of the country not now served by an existing Center, primarily in 
EPA Regions VII, VIII, and IX. Any additional Local Resource Center 
will be expected to offer a menu of EMS services, including: EMS 
training, technical expertise, field-tested tools, information, 
speakers/mentors, workshops and conferences, outreach, and EMS 
implementation assistance.

IV. Benefits of Becoming a Local Resource Center

    Each Local Resource Center will receive, at no cost, extensive 
start-up support, including a full catalogue of EMS implementation 
tools from GETF and materials that have already been field-tested and 
used in the public sector, including:
     National attention, visibility, and partnership 
opportunities from EPA, GETF, and other partners and stakeholders;
     Assistance in developing a business plan, and business 
development materials;
     An extensive suite of field-tested, high-quality and 
successful materials for public entities: training techniques, 
implementation strategies, document samples, outreach and presentation 
toolkits;
     Regular train-the-trainer work sessions on EMS 
implementation in public sector organizations with other LRCs and 
national partners;
     An extensive database of national mentors and experts with 
hands-on experience to assist in local/regional EMS outreach and 
implementation;
     Support services and mentoring from existing public 
entities that are implementing an EMS; and
     Assistance with marketing services and opportunities.

V. Opportunity To Provide Comment For consideration as an EMS Local 
Resource Center

    Based on the information provided above, EPA is interested in 
receiving public comment from not-for-profit organizations that may 
wish to serve as an EMS Local Resource Center, especially organizations 
located in areas not now served by an existing Center, primarily in EPA 
Regions VII, VIII, and IX. Based on these comments up to three 
additional not-for-profit organizations could participate with the 
other Centers and provide high quality EMS assistance to public 
entities, especially local governments. Providing comment based on this 
Notice does not guarantee that the organization will participate.
    When reviewing comments, EPA considers a number of factors.
    The most important of these include: (1) A clear understanding of 
EMSs, (2) demonstrated experience and delivery mechanisms in providing 
EMS services to various organizations, (3) commitment by the 
organization's top management to the goals of the PEER Center 
initiative, (4) adequate staffing to support both start up and ongoing 
activities, (5) a willingness to proactively reach out to public 
entities in their area, (6) strong web literacy and functionality, and 
(7) a willingness and ability to share data and other information with 
other Local Resource centers and the PEER Clearinghouse.
    Organizations are also encouraged to provide a more general 
statement outlining why they are interested in becoming a Local 
Resource Center and describing how their participation could benefit 
the program as a whole. Finally, organizations are encouraged to 
provide a letter from top management accompanying their comments that 
includes the name and contact information of the individual that would 
represent your organization on possible follow up calls with GETF.
    Following the receipt of this feedback, staff from GETF may 
schedule follow up calls, as appropriate, with each applicant's 
management and appropriate staff at a mutually convenient time and will 
consult with EPA. Following this, staff from GETF will begin work with 
each new Local Resource Center to develop business plans, materials, 
processes, marketing strategies, information transfer, data collection, 
etc.

    Dated: July 29, 2004.
Jane S. Moore,
Acting Director, Office of Wastewater Management.
[FR Doc. 04-17789 Filed 8-4-04; 8:45 am]
BILLING CODE 6560-50-M