Compliance Assistance and Pollution Prevention in New England

New Hampshire

The N.H. Green Yards Program is designed to improve environmental practices at motor vehicle salvage yards (MVSYs). The N.H. Department of Environmental Services (DES) is implementing the program in two phases, as follows:

• Phase I: Education and Compliance Assistance
• Phase II: Environmental Self-Audit and Compliance Certification.

Phase I:
The project officially commenced in August 2002 with distribution of a questionnaire to approximately 400 potential MVSYs, seeking information needed to (1) identify actual MVSYs and (2) profile existing facility conditions and operating practices. Following tabulation of the data, approximately 200 MVSYs were identified for participation in the program¹, and the related profile information was entered into a database for future use in developing outreach materials and measuring performance.

Since then, the participating MVSYs (as well as interested municipal officials and other stakeholders) have been regularly receiving education and compliance assistance, designed to introduce them to regulatory concerns and processes, and prepare them for Phase II. The assistance is being delivered in the form of best management practice (BMP) guidance sheets and training videos, regional information meetings and workshops, and non-regulatory, confidential on-site technical assistance by the DES Pollution Prevention (P2) Program.

Phase I will continue through 2007 and beyond on a parallel track with Phase II.

Phase II:
In Phase II as it was structured originally, MVSY operators were to audit their facilities for compliance with state and federal environmental requirements, and submit to DES either written certification of compliance or a "return-to-compliance" plan, as applicable. However, due to a recent change in state law, Phase II has been restructured somewhat. The change in law, which took effect January 1, 2007, requires MVSY operators to certify compliance with BMPs when applying for a required annually issued town license to operate a "junkyard". Therefore, for the time being, DES will not require duplicate certification to be submitted to DES, but will instead work closely with municipal officials to support the certification process at the local level and use it to support the DES Green Yards Program objectives.

The compliance certification process involves:

• An environmental self-audit by the salvage yard operator (with assistance from the DES P2 program, if requested), using a workbook and checklist (44 pp., 4.03 MB, about PDF) provided by DES.
• Submission of a statement by the facility owner certifying that the salvage yard is operating in compliance with checklist requirements. The owner’s signed statement is submitted to town licensing officials as part of the application for a local license. Motor vehicle recyclers who are unable to certify compliance are expected to submit a plan and schedule for achieving compliance for consideration during the deliberative process for reissuance of the license.

To help operators prepare for Phase II, DES inspected all facilities in 2005 - 2006 to determine how well they were implementing best management practices and complying with state and federal environmental requirements. Following completion of the inspection, DES provided a written BMP Evaluation Report to the facility owner, identifying deficiencies and needed corrective actions.

To help town officials properly integrate compliance certification into the local licensing process, DES partnered with the N.H. Municipal Association and held a series of training workshops throughout the state. In addition, DES and the N.H. Auto and Truck Recyclers Association sponsored open houses at various well-run yards, providing an opportunity for municipal licensing officials to become better acquainted with the industry and good work practices.

Also as part of Phase II, DES will finish "test driving" a process that gives special recognition to auto recycling yards that operate in a manner that is above and beyond compliance. Yards that show exemplary environmental work practices and meet certain other criteria will earn the designation "Certified N.H. Green Yard". The process for becoming a "Certified N.H. Green Yard" was initially implemented by DES as a pilot program with the help of 28 auto recycling yards that volunteered to take part in the program. During 2007, DES intends to institutionalize the program on a statewide, permanent basis.

For further information:

Solid Waste Bureau
Pamela Hoyt-Denison (pamela.hoyt-denison@des.nh.gov)
603-271-2938

Pollution Prevention Program
Paul Lockwood (paul.lockwood@des.nh.gov)
603-271-2956

 

¹The NH Green Yards Program applies to MVSYs where 12 or more end-of-life vehicles are dismantled and/or crushed yearly, or 25 or more end-of-life vehicles, or the equivalent in parts, are kept longer than 60 days.