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For Release: Tuesday, April 13, 2004

DEC Finalizes Policy on Environmental Management Systems

Policy Will Encourage Businesses to Implement Strategies for Environmental Protection

New York State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today announced a final DEC policy that sets forth how Environmental Management Systems (EMSs) and other environmental performance improvement tools will be incorporated into DEC programs.

"It is essential that we promote management strategies that help achieve environmental performance goals, while continuing our firm but fair enforcement of environmental laws," Commissioner Crotty said. "The EMS Policy is an important step to ensure that businesses consider the needs of our natural resources and communities while conducting their operations. This goal of this policy is to help facilities in New York improve compliance with environmental standards and reduce their impact to our environment."

The policy establishes steps that DEC will take to motivate New York's regulated community to implement systems to improve environmental performance. The final policy will be published in the April 14, 2004, Environmental Notice Bulletin (ENB) and takes effect on May 14, 2004. Commissioner Crotty made the announcement in the City of Rochester during a press event held by Eastman Kodak on strategic, health, safety and environmental performance goals for its worldwide operations.

An EMS is a set of management processes, procedures, and performance objectives that allows a facility to continuously analyze, control, and reduce the environmental impact of its activities, products, and services. Within this framework, facilities use pollution prevention techniques and sustainable business practices to potentially achieve performance beyond minimum environmental compliance levels. The policy further calls for EMSs to be implemented in a manner that ensures full compliance with DEC's environmental requirements.

Under the new policy, DEC will establish a New York Environmental Leaders program that provides recognition and incentives for sustainable business practices. New York Environmental Leaders will be open to organizations that have a high level of commitment to superior environmental performance that is sustained and systemic. This program will help motivate others to use EMSs and other management tools to improve their performance.

The policy also directs the development and use of environmental performance improvement tools in the Department's environmental enforcement program. Integrating such concepts into enforcement programs will help ensure that those with a history of compliance problems are putting systems and tools in place that will promote their long-term compliance, as well as to enhance the opportunity for violators to not only return to, but go beyond minimum compliance.

The policy also seeks to test the use of EMSs at DEC facility operations. An EMS can be applied to any organization, and DEC will set a positive example for those that are considering an EMS by demonstrating the application of these systems at its own operations.

The goals of the policy are consistent with Governor Pataki's commitment to environmentally and economically sustainable business development in New York State. The promotion of internalized management systems to help achieve unprecedented pollution prevention, environmental performance, and cost savings is a strategy supporting that commitment. It also creates new opportunities not otherwise available in the Department's conventional regulatory programs.

The policy will help ensure that New York's environmental management strategies continue to protect the health of the public and the environment, and will assist New York organizations to more effectively manage their environmental risks.

The final EMS policy is available on DEC's website.

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