Center for Waste Minimization



	The Environmental Innovations Pilot Program was designed to test and evaluate innovative environmental approaches. These approaches are procedures, practices, technologies or systems designed to achieve superior environmental performance when applied. To test these approaches, variances from existing regulations may be needed. Legislation created the program and gave DHEC the authority to allow these variances through a cooperative agreement entered into with the participating facility. The term of an agreement was up to five years, and could be renewed one time. View the legislation that created the pilot program. The program expired in June 2007. Cooperative Agreement Template Public Participation Elements Participants
	What is included in the cooperative agreement?
	Commitment to implement an environmental management system. Commitment to demonstrated, superior environmental performance through specified waste reduction goals in measurable and verifiable terms. Pollution limits that are measurable, verifiable, enforceable and at least as stringent as those required by law. Any approvals that are replaced by the agreement. (An “approval” is a permit, license, or other authorization issued by DHEC, by law.) Any operational flexibility or variances granted. Commitment to complete a baseline performance evaluation within 180 days, to update it periodically, and to report any violations discovered. A plan for public involvement and participation. An assessment of the project to reduce administrative activities and paperwork.
	How will facilities be chosen to participate in the program?
	Eligible facilities must be members of, or meet the criteria to be members of, the South Carolina Environmental Excellence Program and have at least one approval issued by DHEC. A facility wishing to participate must submit a draft cooperative agreement and meet the public participation requirements. DHEC will review the application and decide whether to enter into negotiations to finalize the cooperative agreement. Participation in the program is at the discretion of DHEC. A decision by DHEC to reject an initial application or to terminate negotiations on the draft agreement is not subject to review.
	What can participating facilities expect?
	Facilities participating in the program can look for innovative ways to achieve superior environmental performance through the most cost-effective means possible. Whole-facility regulation, pollution prevention, and a systematic review under an environmental management system are key components of the agreement. As part of the agreement, flexible approaches will be afforded so long as they achieve further pollution reduction goals that exceed existing requirements under the state’s environmental laws.
	How will the public know who is in negotiations with DHEC, and what opportunities will the public have to be involved in the process?
	The participant must form an interested persons group -- people who may be affected by the facility’s activities due to their proximity to it. The group will be able to review and comment on the draft cooperative agreement, and the participant is required to meet with the group at least once every 6 months to discuss the project. DHEC is also required to provide a notice for public comment, and to hold a public information forum if comments received indicate considerable public interest.
	Will EPA recognize the cooperative agreements?
	The USEPA supports innovative approaches to environmental regulation. EPA Region IV has reviewed and offered comments on the legislation, and has expressed its support for working with DHEC to develop a Memorandum of Agreement outlining EPA’s role in the pilot program. At a minimum, that role will include reviewing draft cooperative agreements particularly when variances may involve federally delegated, approved or authorized programs.
	How does the cooperative agreement affect existing permits and existing regulations?
	The cooperative agreement must specify each permit or provision of a permit and any provisions of law or regulation for which variances are granted. All other requirements applicable to the facility and not covered by the agreement remain in full force and effect.
	How will DHEC ensure that the agreements are followed?
	The participant will be required to periodically complete performance evaluations, and to report any violations within 14 days after completion of the evaluation. If violations are found, the participant must submit a compliance schedule, approved by DHEC, which may include penalties for nonperformance. DHEC can revoke the agreement if the participant is not in compliance with it or with any requirements not covered in the agreement.
	What happens if a facility wants to expand?
	DHEC will have the option of amending the cooperative agreement or requiring the facility to follow existing permit or approval procedures. DHEC may also amend the cooperative agreement to incorporate any changes in federal or state environmental laws.
	Participants:
	IP Innovations Summary IP Georgetown Public Notice of Draft Cooperative Agreement IP Georgetown Draft Cooperative Agreement IP Georgetown Final Cooperative Agreement IP Georgetown News Article, August 25, 2005

	Where can I get more information about the South Carolina Environmental Excellence Program?
	Information may be obtained by visiting the SCEEP website or by contacting: Christine Steagall,SCEEP Program Coordinator

Center for Waste Minimization
South Carolina Department of Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
(803) 896-8986