1. Developments in Environmental Regulation Professor Paul Leinster CBE Chief Executive Environment Agency for England and Wales

2. What do we do?

3. Historical setting Industrial revolution. Rivers became effluent carriers. Severe river pollution. Cholera epidemics. 35,000 died in London alone. High infant mortality and emphysema from air pollution. 1845 Public Health Act 1863 Alkali etc Works Act 1876Rivers Pollution Prevention Act 1952Great London Smog By 2006 73 Directives 37 UK Acts 161 UK Statutory Instruments 18th and 19th Centuries Mid 19th Century

5. Regulatory progression Emissions to air - air pollution Clean air regulations Discharges to water - water pollution Clean water regulations Discharges to ground - ground pollution Waste site and contaminated land regulations Emissions to all media Integrated regulations

6. Purpose of regulation Ensures industry operates in a way that minimises adverse effects on people and the environment Establishes minimum requirements Promotes innovation Provides a level playing field Gives confidence to the public Provides intervention to correct market failure

7. Regulatory guiding principles Focus on environmental benefits and outcomes Target processes and operators presenting the greatest environmental risks Match the Environment Agency’s approach to the operator’s performance and attitude Prevention at source through waste minimisation and pollution prevention Use influence and advice to deliver outcomes, wherever possible – underpinned by regulation Incentives for better performers

8. Regulatory guiding principles Minimum possible administration and bureaucracy Regulations, guidance and advice must be clear and easy to understand Must be as easy as possible for people and businesses to do the right thing Standardise and simplify where possible Transition periods for the introduction of new regulations Information on potential impacts and operator performance readily available Retain firm and proportionate prosecution and enforcement

9. Emissions to air from the industrial sites we regulate

10. Air emissions Since 2000 regulation of industry has resulted in: a 73% reduction in emissions of SOx a 37% reduction in NOx a 38% reduction in fine particles The benefit to health since 2005 is estimated to be £634 million

11. Water discharges Ammonia and phosphorus loads discharged from sewage works have been reduced by more than half between 1995 and 2010. Biological Oxygen Demand (BOD) and suspended solids have been reduced by a third between 1995 and 2010

12. Waste recovery and disposal Since 2000, the amount of material recovered from waste produced by the industrial sites we regulate has increased from 37% to 63%

13. Pollution incidents Since 2000, serious pollution incidents have fallen by 52% Serious pollution incidents from industry are reducing – from 884 to 343 between 2000 and 2010

15. Operator performance

16. Good environmental performance is good business Waste minimisation could yield £3 billion Energy efficiency could save £6.4 billion Water efficiency could cut bills by 30 per cent Estimated 1.34 million jobs connected with management of the environment

17. Better regulation in practice National Permitting Service National Customer Contact Centre Reduced routine inspections of good performers Increased use of audits Sector based approaches Company account managers Use of third party assurance schemes Working with police and other enforcement agencies Intelligence led enforcement including waste stream approach Civil Sanctions – enforceable undertakings

18. Better regulation in practice Environmental Permitting Regulations - £120 million benefit over 10 years Standard Rules Permits OPRA Compliance classification system Removed low risk activities from need for permit On-line systems for applications and operator returns Simplified guidance and forms Incentives for good performers Fees and charges Quality protocols - £13m saving per annum Annualised saving target of £45m by 2015

19. Government agenda Red Tape Challenge Focus on Enforcement Penfold Growth and Infrastructure Bill spatial planning and environmental permitting Heseltine Review appeals on regulators decisions

20. European agenda 7 th Environmental Action Programme (draft) Better implementation of EU law Protecting nature and ecological resilience Greater protection of the environment Greater confidence of citizens in environmental performance Availability and transparency of data More prescription on inspection and implementation issues

21. Future agenda Simplifying advice and guidance – clear what to do Reliance that can be placed on advice and guidance Data requirements Targeting best place in value chain to intervene – site, company or issue led approach Earned autonomy Director sign-off of compliance statements Role of environmental management systems Tackling ‘bad neighbours’ and poor performers Tackling environmental crime

22. The role of business Organisations to take full responsibility for their activities Earn autonomy – mind the gap Engage openly with local communities Provide transparent and accessible data

23. The regulators’ challenge Regulators, under unprecedented pressure, face a range of demands, often contradictory in nature: be less intrusive – but more effective be kinder and gentler – but don’t let them get away with anything focus your efforts – but be consistent process things quicker – and be more careful next time deal with important issues – but do not stray outside your statutory authority be more responsive to the regulated community – but do not get captured by industry The Regulatory Craft, Malcolm Sparrow (2000)