Frequently Asked Questions about the Environmental Cooperation Pilot Program

• What is the Environmental Cooperation Pilot Program?
• What is included in the cooperative environmental agreement?
• What are the key components of an agreement?
• Who are the parties to the cooperative environmental agreement?
• How was the public involved in contract negotiations?
• How will the public know how the participants are progressing?
• How can the public get involved in current decisions?
• Does EPA recognize cooperative environmental agreements?
• How do cooperative environmental agreements affect permits, approvals, and regulations?
• How can DNR ensure agreements are followed?
• What happens if a company expands?
• How will the records and reports generated by this program be treated?
• How were companies chosen to participate in cooperative environmental agreements?
• Can anyone else join this program?
• Contact Information

What is the Environmental Cooperation Pilot Program?

The Environmental Cooperation Pilot Program evaluates innovative environmental regulatory methods. It was introduced by Governor Thompson and passed by the State Legislature as part of the 1997-1999 Biennial Budget. The program provided DNR with the authority to enter into up to ten cooperative environmental agreements with persons who own or operate facilities that are covered by licenses or permits under current law. There are six companies in the program. It is closed to new applicants. Those interested in participating in a similar program are encouraged to go to Green Tier.

What is included in a cooperative environmental agreement?

• Plans to implement an environmental management system.
• A commitment to superior environmental performance.
• Specified waste reduction goals in measurable and verifiable terms.
• Pollution limits that are at least as stringent as those prescribed in current law.
• Any approvals that are replaced by the agreement.
• Any operational flexibility and variances granted.
• All applicable rules and regulations covering a company are eligible for inclusion.
• A commitment to release periodic performance evaluations and report any violations discovered.
• A plan for public involvement and participation.

What are the key components of an agreement?

Companies participating in this program look for ways to achieve superior environmental performance through the most cost-effective means possible. Whole-facility regulation and pollution prevention are key in these agreements. Institution of an environmental management system allows a systematic review of a company’s impact on the environment. In return, flexibility in regulations were afforded to the company by the DNR.

Who are the parties to the cooperative environmental agreement?

Only DNR and the participating company are signatories to the agreement. EPA, the public, and other stakeholders were involved in the negotiating process.

How was the public involved in contract negotiations?

Anyone affected by the activities at an applying facility could participate in negotiations through public comment and meetings. DNR provided at least 30 days for public comment on any proposed issuance or amendment of the cooperative environmental agreement. Furthermore, DNR held a public informational meeting if the comment period demonstrated considerable interest in the agreement.

How will the public know how the participants are progressing?

DNR makes this information available on the website with annual reports.

How can the public get involved in current decisions?

DNR continues to provide at least 30 days for public comment on any proposed issuance, amendment, or revocation of a cooperative environmental agreement. If a comment period demonstrates considerable interest in the proposal, a public informational meeting will be held. In addition, participating companies are required by their cooperative agreement to maintain an active interested persons group.

Does EPA recognize cooperative environmental agreements?

As part of the Environmental Performance Partnership Agreement between US EPA Region V and the State of Wisconsin, we developed a Memorandum of Agreement that outlines EPA's partnership in negotiations, EPA's use of the cooperative agreement, and the rights of EPA and DNR.

How do cooperative environmental agreements affect permits, approvals, and regulations?

Permits and Approvals - These agreements often reduce administrative burdens for participants and the state and could supersede requirements of permits and approvals. Agreements are designed to promote the reduction in overall levels of pollution through a more flexible approach. Each cooperative environmental agreement specifically identifies which permit or approval provisions of a permit are waived.

Regulations - A cooperative environmental agreement may waive procedural or administrative provisions of state and federal regulations on a facility-specific basis as identified by the agreement. If new regulations are adopted during the agreement's effective period the agreement will be modified to incorporate these regulations.

How can DNR ensure agreements are followed?

DNR can ensure this in a number of ways. They include:

• Required systematic reviews of environmental performance by the participants. If a review reveals violations of the cooperative environmental agreement, the participant has 90 days to correct the violation.
• If a longer compliance schedule becomes part of the cooperative environmental agreement, the agreement can specify penalties if a participant does not meet obligations.
• DNR can terminate or renegotiate an agreement.

What happens if a company expands?

A company is required to notify DNR if they emit or discharge a new pollutant or increase emissions or discharges that are not covered in the cooperative agreement. DNR then has the option of amending the cooperative agreement or requiring the participating company to follow existing permit and approval procedures.

How are the records and reports generated by this program treated?

The Department makes available to the public any information obtained as part of the cooperative environmental agreement that cannot be shown to meet the test of a trade secret. Records are treated no differently than under current Wisconsin open records laws.

How were companies chosen to participate in cooperative environmental agreements?

DNR looked for companies of various types and sizes to participate. Applications were reviewed by Bureau of Cooperative Environmental Assistance staff in consultation with other DNR staff and US EPA. The DNR Secretary then made the final decision.

Can anyone else join this program?

No. The Environmental Cooperation Pilot Program is now closed. Companies interested in a similar program should go to Green Tier.

Contact Information:

Mark McDermid, Director
Bureau of Cooperative Environmental Assistance
Phone: 608/267-3125
E-mail at Mark.McDermid@wisconsin.gov.