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EMS: Expectations, Experience and Solutions

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

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EMS: Expectations, Experience and Solutions

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

  2. 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

  3. 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 14001 • EMAS - Article 6 and Article 10

  4. 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

  5. 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

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

  7. 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: www.environmental-performance.org.uk University of Sussex (SPRU)

  8. 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

  9. 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

  10. EMS and Operator Performance

  11. Enforcement Action (IPC)

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

  13. 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!

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

  15. 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

  16. 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

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

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

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

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

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

  22. Links and contacts • Chris.howes@environment-agency.gov.uk • REMAS: martyn.cheesbrough@ environment-agency.gov.uk • www.remas.info • enquires@remas.info • REMAS project, Environment Agency, Block 1 Government Buildings, Burghill Road, Westbury-on-Trym, BS10 6BF • +44 (0) 7768 276947

  23. 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

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