Comparison of State Performance Track-Style Programs, Part One, page one

State	Program Concept		Eligibility Criteria
	Tiered Approach	Other Approach	Past/Current Compliance		Ongoing Compliance		EMS-Type Plan?		Who Makes Decision?
	Tiered Approach	Other Approach	Level of “Compliance”	Period of “Compliance”	Level of “Compliance”	Consequence of Non-Compliance	Def. of “EMS-Type Plan”	Differing Requirements	Who Makes Decision?
CA		Annual awards in following categories: - env.al-economic partnerships - env.al management - innovation - env.al restoration and rehabilitation	not specifically required		not specifically required		not specifically required		panel of senior execs. from state’s env.al resource programs
CO	may develop into multi-tier program	open to anyone who qualifies	no “serious violation” of fed/state laws and permits - prone to cause significant impact to hh&e - pattern of violations - criminal vioolations	minimum of 3 years	no “serious violations”	- self-disclosure of violation = suspension of incentives - no self-disclosure of violation = removal from program	- mgt-approved env.al policies - relevant procedures - employee training - compliance audit program - communication program		ex. dir. of state agency
GA	Entry Level: P2 program under development Achievement Level: established P2 program Model Level: industry leader in P2		“in compliance” or meeting conditions of consent order	no standardized criteria	- “in compliance” - must demonstrate %age reduction in accordance with goals in P2 plan	no standardized criteria		P2 plan required - haz. waste - wastewater discharge/water use - air emissions - solid waste - energy use (highest tier)	P2 Assistance Div of state env.al agency
ID	Initial Tier: basic P2 initiatives implemented Middle Tier: sector-specific “best P2 practices” implemented Highest Tier: leader in P2; nominated b y sector-specific peers		- current compliance - meeting approved compliance schedule	at time of application	- current conformance certification, or, - meeting approved compliance schedule	not specified		P2 program required - address 3 of 5 defined categories - meet certain P2 goals	Gov’s P2 Advisory Coordinating Committee - business - government agencies - community organizations

Comparison of State Performance Track-Style Programs, Part One, Page Two

State	Program Concept		Eligibility Criteria
	Tiered Approach	Other Approach	Past/Current Compliance		Ongoing Compliance		EMS-Type Plan?		Who Makes Decision?
	Tiered Approach	Other Approach	Level of “Compliance”	Period of “Compliance”	Level of “Compliance”	Consequence of Non-Compliance	Def. of “EMS-Type Plan”	Differing Requirements	Who Makes Decision?
IN	100% Club: full compliance with env.al stds. 100 Club Env.al Leaders: full compliance + “above and beyond” compliance		- no state or fed. civil. env.al enforcement actions - no criminal convictions - no ongoing civil or crim. actions - in compliance with local env.al ordinances - current on env.al reporting - no one has “serious env.al concerns” about facility	- civil – past 3 years - criminal – past 5 years	- no civil or criminal enforcement actions - in compliance with local env.al ordinances - current on env.al reporting	cannot continue to participate in program	ISO 14001 certified or equivalent EMS required for 2^nd tier	smaller facilities may have less detailed EMS	state env.al agency
LA		facilities to set goals for P2 and haz. waste generation reduction	- not required for entry into program - to receive award: - free of significant violations - no unresolved compliance issues				“waste reduction plan” - establish waste and emissions streams reduction goals - identify major P2 projects		- for entry into program, application is all that is required - for awards, state env.al agency secretary
MA		- state permits only moving to env.al performance standards and annual self-certification mandatory for: - dry cleaning - photo processing - printing working on: municipal sector	- mandatory program - return-to-compliance program - annual certification by senior mgt.		annual filing of certification	- $500 office citation - consent order	- co. commits to be held accountable to env.al perf. standard - annually certifies compliance with that standard	env.al stds set by regulation for industry sectors - dry cleaners - photoprocessors - chip fabrication? - wire board fabrication? - autobody shops	state env.al agency for state-law permits (delegated federal program permits excluded)

Comparison of State Performance Track-Style Programs, Part One, Page Three

State	Program Concept		Eligibility Criteria
	Tiered Approach	Other Approach	Past/Current Compliance		Ongoing Compliance		EMS-Type Plan?		Who Makes Decision?
	Tiered Approach	Other Approach	Level of “Compliance”	Period of “Compliance”	Level of “Compliance”	Consequence of Non-Compliance	Def. Of “EMS-Type Plan”	Differing Requirements	Who Makes Decision?
MI		one level membership program	- no criminal violations - no civil penalty $10,000 or greater - no administrative penalty of $25,000 or greater - no court finding of substantial endangerment - no unresolved violations	- criminal or civil court finding – past 10 years - civil penalties – past 3 years	- in compliance with all applicable env.al regs. - have addressed any violations in NOV - in compliance with local env.al requirements	commit to binding, significant and beyond-compliance improvement program	- develop and implement measurable objectives and targets - assign roles/responsibilities for auditing and correcting - env.al training procedures	scalable to company size	state env.al agency
NJ	Silver 1 Track: P2 plan developed Silver 2 Track: P2 plan implemented Gold Track: P2 plan developed and implemented; air emissions reduced		“minor violation” does not necessarily prevent acceptance in program	past 5 years	- all tracks - full compliance - Silver Track 2 - future air emission reductions - Gold Track - reductions in: - future air emissions - toxic H2O releases - non-point source pollution - haz. waste handling improvements - increased recycling	not specified	- Silver Tracks 1 & 2 - operations and compliance plan - Gold Track - EMS that meets all NEAT requirements	not specifically mentioned, but allowed in practice	state env.al agency
NM	Commitment Recognition: EMS under development Achievement Recognition: prevention-based EMS in place Gov’s Env.al Excellence Award - fully-integrated EMS in place; can demonstrate results		- no pattern of adverse env.al trends - no poor env.al performance levels - Env.al Excellence - no unresolved compliance issues	not specified	not specified		- prevention-based EMS model - leadership - planning for continuous env.al improvement - customer, supplier & other involvement - information & analysis - employee involvement - process management - results	- flexible for companies of different sizes - provides assistance to small companies	panel of trained volunteers - state agencies - federal facilities - local govts - private industry - academia - env.al & community groups

Comparison of State Performance Track-Style Programs, Part One, Page Four

State	Program Concept		Eligibility Criteria
	Tiered Approach	Other Approach	Past/Current Compliance		Ongoing Compliance		EMS-Type Plan?		Who Makes Decision?
	Tiered Approach	Other Approach	Level of “Compliance”	Period of “Compliance”	Level of “Compliance”	Consequence of Non-Compliance	Def. of “EMS-Type Plan”	Differing Requirements	Who Makes Decision?
OR	Participant Tier: basic EMS required Achiever Tier: ISO 14001-certified or comparable EMS required Leader Tier: achiever tier requirements; consider life-cycle environmental impacts Custom Waiver: modify specific reqs. for env.al benefit		- no “serious violations” (state def.) - no criminal env.al convictions - no pending criminal actions - no unresolved civil judicial actions - payment of all civil penalties - no debarment/ suspension with EPA - no “repeat violations” (EPA def.)	civil violations - past 3 years no felonies ever misdemeanors - past 5 years	as described in facility’s EMS		- Tier 1: “robust” EMS - Tier 2 & 3: ISO 14001-certified or comparable EMS - all tiers: achieve env.al results that are significantly better than required by law, demonstrated by reductions in env.al impacts	facility size taken into account when reviewing applications	state env.al agency
SC		membership program	no “pattern” of exceedances, NOVs, fines, etc. that indicates a lack of commitment to continuous improvement	past 5 years	not specified		- certified/ registered EMS (ISO 14001, ATMI, CMA, AF&PA, EPA Perf. Track), OR - env.al excellence plan - commitment to P2 - continuous improvement - specific, measurable targets - effective communication with community	considered when reviewing applications	advisory committee - incomplete listing of members: - state env.al agency - industry - academia - env.al group
TX	Partner Level - measurable env.al improvement goals Leader Level - EMS or analog in place Advocate Level - organizations that promote or support program		ineligible if: - state “findings order” issued - civil judgment issued - criminal violation of env.al laws	- civil - past 3 years - criminal - ev