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State regulators fight the good fight for new environmental technologies

The April 1997 issue of Initiatives carried an article about a state-led group that is making a difference in streamlining the environmental cleanup technologies approval process. That group, the Interstate Technology and Regulatory Cooperation (ITRC) Work Group, continues to break down regulatory barriers that impede the full use of innovative environmental cleanup technologies at sites where new technologies are more protective of human health and the environment and more cost-effective than conventional technologies. Primary funding for ITRC is provided by DOE’s Office of Science and Technology.

State regulators involved in ITRC are excited about and committed to working together to learn more about how innovative technologies can be appropriately used to clean up sites in their states. They and others (federal partners, stakeholders, and representatives from the environmental industry) who have interests in promoting the widespread use of new technologies have banded together to combat what they see as regulatory barriers to new technologies:

  1. lack of understanding among state regulators about new technologies,
  2. different procedures and data requirements among states for the evaluation of new technologies, and
  3. institutional resistance to change.

Raising the comfort level about using  new technologies
Participation in ITRC helps state regulatory personnel grow professionally as they share experiences in evaluating innovative technologies. When discussing the benefits of ITRC involvement, many participants mention the opportunity to tap into networks of technical resources and support when they need to make decisions about approving the use of an innovative technology. State regulators also build their knowledge about technologies through participation on ITRC technical work teams that produce and disseminate technology overviews and technical/regulatory guidance documents on certain classes of environmental technologies. ITRC work teams also produce case studies of ways states are addressing technology barriers through policies, programs, and state practices.

VertekIn 1998, ITRC explored another way to help regulators and others become more knowledgeable about new environmental technologies. ITRC’s In Situ Bioremediation Team, in cooperation with the industrial members of the Remediation Technologies Development Forum (RTDF), structured and delivered a series of training workshops on natural attenuation of chlorinated solvents in ground water. These workshops, designed to help participants identify whether natural degradation processes are occurring at a site, proved to be a successful method of outreach to regulators—approximately 650 attended with an equal number also attending from the environmental business sector (developers, vendors, and consultants). The popularity of the workshops has inspired another ITRC work team, the Permeable Barrier Wall Team, to start planning its own series of workshops for delivery during 1999 and 2000. The workshops on permeable barriers are being developed in cooperation with RTDF and the Technology Innovation Office of the U.S. Environmental Protection Agency.

ITRC’s most recent meeting in November in San Diego was also an educational experience. For the first time, the organization hosted an exhibition of technology products and services, affording opportunities for technology vendors and regulators to discuss the applicability of new environmental technologies to states’ cleanup problems.

Removing regulatory stumbling blocks to new technologies
By using a consistent set of guidelines for designing and implementing technology verification processes, states can cut the time and expense required to approve cleanup plans that include new technologies. ITRC is working to standardize the technology approval process across states by producing technical/regulatory guidance documents that specify a uniform set of data requirements to be met by various classes of environmental technologies. ITRC then encourages states to use the guidance documents when evaluating technologies that have been proposed for cleanup projects. Adoption of these guidance documents by states will make the permitting process more efficient and will help technology vendors and consultants avoid the time and expense of meeting a different set of permitting requirements in each state where innovative technologies are proposed for use.

Regulators are part  of the solution
Through their participation in ITRC, regulators are becoming technology advocates. And, over time as more states participate and receive benefit from ITRC products and as institutional changes are documented and shared with other states through case studies, the regulatory climate will become more open and accepting of new technologies.

A major focus of ITRC’s 1998 work plan was building a strong State Engagement Team for documenting how ITRC is making an impact among state regulatory agencies. The State Engagement Team compiled specific examples of how Colorado, Florida, Kansas, Massachusetts, Nebraska, New Jersey, New York, Pennsylvania, and Texas regulators have used ITRC products to save time and money while making wise decisions regarding the use of innovative technologies to clean up sites.

Raising ITRC visibility
In March 1998, ITRC began the process of aligning itself with an organization that will provide ITRC with a direct link to the highest environmental authorities within the states. ITRC and the Environmental Research Institute of the States (ERIS) agreed that ERIS will become the fiscal and administrative agent for ITRC. ERIS is a 501(c)3 nonprofit educational subsidiary of the Environmental Council of the States (ECOS), an organization of state environmental agency heads. Affiliation with ECOS through ERIS will extend ITRC’s influence and leverage the support of state environmental agency heads in the solicitation of funds to support the ITRC mission.

In January 1999, ERIS will assume ITRC secretariat duties from the Western Governors’ Association and the Southern States Energy Board. Affiliation with ECOS is a major milestone for ITRC, lending a national perspective to the four-year-old organization and helping ITRC expand state participation. Currently, 24 states participate in ITRC, and Alabama and Idaho have expressed interest in participating in 1999.

Ready, get set, and go!
As 1998 draws to a close, the ITRC Management Team is soliciting input from state participants, setting priorities, and selecting new work teams for 1999. Team leaders will then develop work plans for their teams and begin working with team members at a February ITRC meeting. Among the possible new ITRC work areas for 1999 are

  • in situ chemical oxidation,
  • phytoremediation,
  • radiological technologies, and
  • unexploded ordnance.

For more information
ITRC posts its guidance documents on the Web at http://www.sso.org/ecos/itrc. Look there to find technology overviews, case studies, and technical/regulatory guidance on

  • accelerated site characterization,
  • in situ bioremediation,
  • metals in soils,
  • permeable barrier walls,
  • plasma technologies,
  • policy, and
  • thermal desorption.

ITRC’s Web site also contains more information about upcoming 1999 natural attenuation workshops, including the organizations that have approved the course for continuing education credits. You can also access ITRC training opportunities on this Web site by clicking here.

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