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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

EMS: Expectations, Experience and Solutions

Chris Howes

Policy Manager - Compliance Assessment & Enforcement

key issues
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
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
expectations
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
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
slide6

ENDS Report February 2003

ENDS Report March 2003

ENDS Report April 03

Experience?

experience europe mepi study
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)
experience usa mswg and unc
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
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 performance landfills
EMS and Performance (Landfills)

(High score is associated with worse performance)

decision time
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
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 certification1
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 certification2
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 certification3
Improving the value of certification
  • Communications:
    • dealing with complaints
    • dialogue on non-compliance
    • ongoing dialogue UKAS/CBs/ with Regulators and Industry
remas
REMAS

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

who is involved
Who is involved?
  • The Environment Agency
  • Scottish Environmental Protection Agency
  • Irish Environmental Protection Agency
  • Institute of Environmental Management & Assessment
slide20

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

process timescales
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

links and contacts
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
key issues1
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