FASTER PERMITTING OR GREENER THINKING 31 Januari 2005

1. FASTER PERMITTINGOR GREENER THINKING31 Januari 2005 Rob Kramers Senior Advisor InfoMil – The Netherlands

2. Content • Framework license • Alternative approaches • Corporate approach • Industrial Estates • Chains of installations and lifecycle issues

3. FRAMEWORK LICENSE the benefits the inspection approach

4. FRAMEWORK LICENSE (1) Policy • stimulating environmental care • differentiate approach of enforcement

5. FRAMEWORK LICENSE (2) Policy • stimulating environmental care • differentiate approach of enforcement • responsibility at the address of the company • self regulation • continuous improvement environmental performance • complying with legislation and regulations

6. FRAMEWORK LICENSE (3) Policy • stimulating environmental care • differentiate approach of enforcement • resources are limited • input of time and energy should be: • efficient • effective

7. FRAMEWORK LICENSE (4) Policy • stimulating environmental care • differentiate approach of enforcement • framework License • changing role of enforcement

8. FRAMEWORK LICENSE (5) Customised licensing = Licensing process where the flexibility of the license is adjusted to the level of environmental care within the company Framework license = Most flexible form of customised lincensing

9. FRAMEWORK LICENSE (6) Customised licensing Flexibility Traditional license Framework license Customised licensing Level of environmental care

10. FRAMEWORK LICENSE (7) • Flexible in: • material flexibility • procedural flexibility • temporal flexibility

11. FRAMEWORK LICENSE (8) • Conditions for a framework license: • certified EMS (ISO 14001 or EMAS) • approved company environmental plan • annual environmental report • excellent compliance • openess towards public and competent authority

12. FRAMEWORK LICENSE (9) • Application: • do not make the whole application part of the permit • 1. technical part (differentiate in detail) • 2. EMS (only the what, not the how) • 3. information part (no part of the permit) • Permit: • target regulations / objectives • regulation on monitoring and registration • regulations on means only by exception

13. FRAMEWORK LICENSE (10) • Advantage company: • greater appeal on their responsibility • bigger freedom of movement (flexibility) • Advantage authority: • only concentrate on the real important issues • less procedures • effective input time and energy

14. FRAMEWORK LICENSE (11) • But be aware, permit on essentials should • not be a vague permit • not be an unenforceable permit • be a contract for good and for bad times • To make sure • the enforcer and permitting officer should co-operate closely

15. CHANGING ROLE OF ENFORCEMENT (1) • Sliding scale: • conventional supervision • changing role • In extremes: • hard-line enforcement • supervision on distance

16. inspection afterwards inspection before CHANGING ROLE OF ENFORCEMENT (2) trust in EMS changing role conventional supervision inspection

17. CHANGING ROLE OF ENFORCEMENT (3) to get information on how the EMS functions (trust) inspection of legislation and regulations inspection testing important procedures (“audit” ) verify information and reports on environmental performance access to internal and external auditreports inspect monitoring and registration systems before observe internal and external audits inspect important environmental means and installations access to external auditreports annual environmental-reports afterwards

18. CHANGING ROLE OF ENFORCEMENT (4) • The way supervision is carried out changes • Kind of inspection depends on trust in EMS • More attention on performance • Central position EMS during supervision • how does it work • is it well implemented • not just the non-compliance itself but the way the EMS responds to this is important

19. CHANGING ROLE OF ENFORCEMENT (5) • Consequences • agreements with company on supervision • change approach on given data • inspectiontasks becomes more difficult • Advantages • non-compliance is better traceable (transparent) • more time for the bad guys

20. ALTERNATIVE APPROACHES (1) EU project EXPLORING NEW APPROACHES IN REGULATING INDUSTRIAL INSTALLATIONS

21. ALTERNATIVE APPROACHES (2) • Corporate approach • Industrial Estates • Chains of installations and lifecycle issues

22. ALTERNATIVE APPROACHES (3) Corporate approache Regulated

23. ALTERNATIVE APPROACHES (4) • Corporate approach • waste minimisation • energy efficiency • clean technologies • emissions and environmental aspects of no local impact • administrative simplification

24. ALTERNATIVE APPROACHES (5) • Corporate approach • corporate managment is invloved and controls the sites • ensuring third party participation • co-ordination between Competent Authorities on permit issue and enforcement • monitoring of implementation

25. ALTERNATIVE APPROACHES (6) Industrial estate Regulated Permit

26. ALTERNATIVE APPROACHES (7) • Industrial estates • Single permit and documentation • More integrated approach for environment • Ability to assess interactions between different activities • Optimisation of pollution control and monitoring systems • Integrated waste management • Cost reductions to industry - administrative integration and cost-effective measures on a large scale

27. ALTERNATIVE APPROACHES (8) • Industrial estates • To manage estate - co-ordination needed • Volunatary arrangements between companies • Estate wide EMS can help between interaction

28. ALTERNATIVE APPROACHES (9) Chain of installations Life cycle issues C C C Regulated

29. ALTERNATIVE APPROACHES (10) • Chains of installations and Lifecycle issues • Installations can be connected across many sites - supply chains • One installation’s conditions affect operation/outputs of others • Eg contaminants in products (pesticides on textiles or cadmium in fertilisers) can depend on activities of installations supplying the raw materials for the process • This can go beyond regulating chains of installations – lifecycle • There is therefore an environmental connection, potential benefit • What role can permitting play to reap environmental benefits and what role should other instruments play (voluntary arrangements)