IPC implemented Best available Technique not entailing excessive cost, known as (BATNEEC). This however, had one fundamental flaw. If a business applied this technique and the process of preventing pollution entailed excessive costs, then it was a balancing act between cost and benefit. This concept required ‘more formal and transparent justification of regulatory decisions, based on economic concepts and information.’ (Harrison, R., 1999: 331). Excessive costs unequivocally indicated that economic considerations were built into the environmental regulations. However, in assessing the costs, diverse considerations would apply such as discretionary time periods for upgrading existing plant, how quickly technology changed for a particular industry, and historically how heavily the area was polluted. (Carter, N. 2007: 47) These factors were all assessed, self regulated, and justified by the operator running the process. The lowest cost ultimately was their prime concern; however, the benefit was merely subsidiary.
The European directive for IPPC 96/61/EEC was adopted on 24th September 1996 and came into effect on 30th October 1996. Transposition for new installations was required within three years and by 30th October 2000 for development where consent had been given, however, not yet implemented. Whilst to minimise any competitive distortion arising from long timescales for existing plants to upgrade to Best Available Technique (BAT) the transitional period for existing plant was extended to 30th October 2007. (Nath, B. 1999: 162) Whereas IPC discussed the processes, IPPC is risk assessment based, and approaches the method with a more holistic view, utilising a single permit process.
Underpinning IPPC’s objectives for the permitting procedure, the Directive has identified three fundamental strategies for achieving its goals for the protection of the environment as ‘a whole’. These being; the use of Best Available Technique (BAT), access to information and public participation in the permit procedure, and the exchange of information between Member States and the Commission, especially with regard to emission limits and BAT.
The management of pollution is controlled by BAT and ensures compliance within statute, however, the format is ambiguous to business operators, and BAT has adopted the BATNEEC definition, nevertheless does not define ‘the best available technique’ for the operators, in essence there has been no additional progression between BATNEEC and BAT.
IPPC’s objective is to achieve environmental protection, and links three areas to deliver this within acceptable levels of expenditure to industry, these being Environmental Engineering, Environmental Management, and Environmental Assessment. An Environmental Management System (EMS) can be defined as ‘ the part of the overall management system that includes organisational structure, planning of activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving , reviewing and maintaining the environmental policy’ (ISO 14001). In essence, an EMS is a structured, reflexive and people based approach to securing environmental improvement. A good environmental management system is able to assist in conformity with client requirements within the supply chain, enhance businesses reputation, and support in the improvement of communication with employees, shareholders and other stakeholders. There are two types of EMS’s, informal and formal. Informal is an ‘in house’ system written specifically to the companies own specifications or can be based on a formal standard. Formal, this is based on and certified to a recognised standard, this standard being ISO 14001. An EMS demonstrates good management of legislative compliance and managing systems proactively.
The Polluter Pays Principle (PPP) can be defined, as those who damage the environment should bear the cost of such damage. PPP was introduced into the European Commission (EC) Treaty in 1987, references to the principle date back as far as 1973 (Bryant, R. 1997 : 67) when it was amid a lengthy list of principles set down in the first EC Environmental Action Programme (EAP). EAP stated that the ‘cost of preventing and eliminating nuisances must in principle be borne by the polluter’. Despite its prolonged history and extended denotation, the application of PPP has been far from comprehensive.
There have been numerous disputes (Bryant, R. and Wilson, G., 1997: 61-80.) regarding the practical interpretation of the principle. One inveterate theme has been the relative role of regulation versus economic instruments in the implementation of the PPP; another has been whether polluters have to pay for the full costs of control and or restoration measures, in some cases the penalties instigated were less than the clean up process, one may question the equity of this process.
The PPP, therefore, is set to remain a facet of EC environmental policy in the future. The proposed sixth EAP provides a clear indication to this effect by proposing the following assurance for the coming decade ‘Environmental 2010: Our Future, Our Choice’.
To endorse the polluter pays principle, [possibly] by utilising market-based instruments, such as the use of environmental taxes, charges, and subsidies, could internalise the negative as well as the positive impacts on the environment. The principle should also make an important contribution in the process of integrating environmental considerations into sectoral decision making, by supporting the integration of ‘external’ environmental costs within economic decision-making.
In conclusion, most regulatory mechanisms face a fundamental administrative dilemma, one advantage of regulation is that there should be unanimity across industry, in essence, there are strong pressures undermining this principle. (Filleul, L., Medina, S. and Cassadou, S. 2003: 528). The control of pollution is a complex process with an informational asymmetry favouring the polluter. IPPC endeavours to integrate all aspects of environmental protection in order to increase overall quality. Although impossible to assess how successful the policy will be in the future, the transition to a sustainable society involves the impact of more than one stakeholder. Businesses, employees, shareholders, and Governments are not likely to change their cultural behaviour until they can be assured that the consumer will fully support them. Whilst the market continues to provide the goods, which the consumer demands, it is unlikely that the nation will see a radical change.
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