EMS: Expectations, Experience and Solutions Chris Howes Policy Manager - Compliance Assessment & Enforcement

Key Issues Stakeholders expect EMS to deliver on compliance and performance The experience is that they: –deliver for the operator –don’t deliver for external stakeholders We need to do more on: robustness, consistency, credibility and transparency

EMS and the Environment Agency Government Guidance Key part of modern, risk based regulation Recognised through risk assessment (OPRA) led inspection and charging schemes An EMS required under PPC (but not necessarily certified) Agency certified to ISO EMAS - Article 6 and Article 10

Expectations? EMSs should improve performance - environmental outcomes EMSs should reduce risk of legal non- compliance Sites with an EMS should be easier to regulate and lower risk Non-regulated aspect should also improve

Expectations - Accredited Certification Accredited certified systems should: –be more effective –be challenged/tested/stretched –take less regulation –be more consistent –have a base line of legal compliance Accreditation and certification bodies should take account of stakeholders

ENDS Report February 2003 ENDS Report March 2003 ENDS Report April 03 Experience?

Experience: Europe - MEPI Study 270 firms, 430 sites analysed across Europe No positive relationship between certified EMS and improved performance Fossil fuel based electricity producers showed negative correlation source: University of Sussex (SPRU)

Experience: USA - MSWG and UNC 83 Facilities in 17 US States “ These results do not provide support for the proposition that an externally audited, ISO- certified EMS is associated with greater improvements in performance than uncertified facilities” No statistically significant change in compliance National Database on EMS - University of North Carolina 2003

Experience:UK EA/Policy Studies Institute Survey of 843 process industry sites and 2,200 waste sites Summary: –Link between certified EMS & good procedures; –Enforcement action just as likely at EMS sites; –Waste sites with EMS perform worse than non-EMS waste sites

EMS and Operator Performance

Enforcement Action (IPC)

EMS and Performance (Landfills) (High score is associated with worse performance)

Decision time Does a certified EMS imply a baseline of compliance? Or is it just an indicator of intent? No rewards for good intentions though!

Improving the value of certification Clarify roles of accreditation and certification bodies - and regulators Stronger accreditation/certification requirements Better communication (including complaints handling)

Improving the value of certification Clarify roles a responsibilities on assessing legal compliance: –guidance on assessment –what stakeholders expect –grading non-compliance with legislation –communication on non-compliance

Improving the value of certification Stronger requirements and interpretation –understanding legal requirements –periodic evaluation of legal compliance –legal compliance as a minimum standard –increase focus on outcomes

Improving the value of certification Communications: –dealing with complaints –dialogue on non-compliance –ongoing dialogue UKAS/CBs/ with Regulators and Industry

REMAS A pan European project that examines the value of environmental management systems in the context of regulation

Who is involved? The Environment Agency Scottish Environmental Protection Agency Irish Environmental Protection Agency Institute of Environmental Management & Assessment

remas linking environmental management and performance Gathering of other evidence remas 4 Assessment of regulatory duplication/facilitation remas 3 Site based improvement over time based on emissions data remas 2 Pan-European multi-sector benchmarking study remas 1

Process & timescales BY END OF MAR 03 JAN - MAY 2003 JUNE 03 - JULY 04 DEVELOP & PILOT Company recruitment & training Data collection & analysis DISCUSSION, DISSEMINATION & CONSENSUS BUILDING Establish REMAS Criteria Demonstrate mechanisms SEPT 04 - SEPT 05 JULY - SEPT 2004

Links and contacts REMAS: environment- agency.gov.ukenvironment- agency.gov.uk REMAS project, Environment Agency, Block 1 Government Buildings, Burghill Road, Westbury-on- Trym, BS10 6BF +44 (0)

Key Issues Stakeholders expect EMS to deliver on compliance and performance The experience is that they: –deliver for the operator –don’t deliver for external stakeholders We need to do more on: robustness, consistency, credibility and transparency