The regulation of industrial pollution

Bigg, Martin

Abstract

The regulatory control of industrial emissions has undergone substantial changes and developments in the past 150 years. The most significant drivers have been the needs to protect local people and the environment. Control has also been in response to technological developments, incidents, public concerns and national and international drivers. The approaches to securing environmental protection have also changed significantly from the imposition of site specific numerical emission limits to the development and implementation of national and international emission controls.
Science and international collaboration, particularly at European Union (EU) level have had a major effect on industrial regulation. Most regulatory controls and limits until around 1990 were based on private discussions between regulatory inspectors and industry. The advent of substantial European Community Directives and Regulations on air, waste, water pollution control and subsequently on integrated pollution controls on industry have achieved a greater level of consistency and transparency in industrial pollution regulation across Europe.
The enforcement of control has varied between tight interpretation of individual limits to a wider focus on environmental objectives and outcomes. The many pieces of UK and European environmental control legislation have taken different routes to the setting of standards and their interpretation, and been enforced in a range of different ways by local and national regulatory authorities. Regulations and requirements have grown significantly with various efforts at consolidation and integration of legislation and the championing of “modern” and “better” regulation. Controls and guidance have developed from the core legislation sometimes resulting in complexity and confusion as to their legal basis.
The relationship between industry and regulator has also varied from “regulatory police” pursuing “industrial poachers” to “self-regulation” by industry. Many industry sectors have developed a far greater understanding of their environmental footprint and taken more responsibility for their own actions. This has resulted in a stronger self-discipline of the sector and the better use of management controls to achieve environmental protection and outcomes. Unfortunately some parts of some sectors remain in environmental denial with corresponding continuing poor performance.
A significant development in pollution control has been the effect of the public awareness of, and interest in, environmental issues and the environmental impact of industry. This has been reflected in and sometimes driven by political interests. The perceptions and implications have not, however, always been driven by sound science or reasoned argument leading to inconsistencies, distorted priorities and in some cases negative environmental implications. Overall this greater understanding has meant that industrial sectors and individual operators have engaged far more with the public and politicians and those informing them, including public interest groups and non-government organisations.
The most important change over the past 150 years has been that the environment is far better than it might otherwise have been or actually was. We have cleaner air and water, less waste and contamination of land. Generally we are making better use of natural resources and improving the efficiency of our industrial processes. We are more precautionary about the environmental effects and benefits of new products and processes. We are also more aware of climate change and its causes, although our willingness and ability to take the necessary measures to mitigate and adapt to climate change are lagging behind our awareness. This is significant as many measures to control pollution have increased energy demand and required the use of additional resources.
Finally, it must be stressed that industrial pollution control does not operate and cannot be seen in isolation. Economic and social considerations have to be reconciled with environmental effects and outcomes. Industry regulation has imposed costs and produced opportunities for businesses-businesses which provide products, services and employment. We now have separate environmental regulators for Northern Ireland, Scotland, Wales and England who must work together to deliver clarity and consistency. Effective regulation has also created more consistency and clarity for industry across Europe and influenced global development and production. The control of industrial pollution is about achieving the right balance.

• Publication Date: Jan 1, 2013
• Peer Reviewed: Peer Reviewed
• Pages: 522-550
• Book Title: Pollution: Causes, Effects and Control
• ISBN: 9781849736480
• Keywords: regulation, industrial pollution, environmental management, pollution prevention and control
• Public URL: https://uwe-repository.worktribe.com/output/936825
• Publisher URL: http://pubs.rsc.org/en/content/ebook/9781849736480#!divbookcontent