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Published in Fall 2000
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Helping industry improve its environmental performance
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CEC's guidance document for environmental management systems
aims at helping business move beyond compliance with government regulations,
as the head of CEC's Law and Policy program reports.
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By
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Balancing economic and environmental concerns in the provision of goods and services remains one of the ongoing challenges in putting North America on an environmentally sustainable footing. All sectors of society have a role to play in this task. Governments establish the ground rules in the laws and regulations they enact. Consumers can influence production in the purchasing choices they make. And industry can contribute by finding better ways to carry on business. One way is to manage the effects their operations have on the environment by using an approach that is proactive and anticipatory.
Over recent years, many firms have voluntarily set up methods for environmental management. Known as environmental management systems, or EMS, these initiatives were fostered by growing public concern for environmental issues, increasing costs of complying with government regulations and the realization that good environmental management makes good business sense.
Standardized methods for EMS have emerged at the national and international levels. They include the Chemical Manufacturers Association's Responsible Care program and the International Organization for Standardization's 14001 standard for environmental management systems (ISO 14001). However, the systems devised by the private sector primarily serve the internal management purposes of industry. Governments have sought ways to build on these private sector initiatives so that both private and public sector efforts will complement each other to achieve better environmental quality for all.
The North American Commission for Environmental Cooperation (CEC) has been working on connecting these efforts. It has issued a guidance document on EMS which is the first joint statement from the three NAFTA partners about how voluntary EMSs designed for internal management purposes can also serve broader public policy goals. The approach revolves around two goals in particular: regulatory compliance and improved environmental performance in regulated and non-regulated areas. Entitled Improving Environmental Performance and Compliance: 10 Elements of Effective Environmental Management Systems, the document was endorsed on 12 June 2000 by the Council of CEC. It is available on CEC's web site and in pamphlet form.
The guidance document builds on the ongoing work of a trilateral group working on enforcement and compliance cooperation issues under the auspices of CEC. The Enforcement Working Group has been examining the link between government programs and private sector initiatives to improve environmental quality. All sectors involved are trying to understand how these efforts can evolve together to achieve better environmental protection.
The guidance document targets users of EMSs—regulated entities, including industry, government agencies and other organizations—as well as the public, who share an interest in effective implementation of EMS to achieve better environmental performance. It is intended to assist EMS users make responsible decisions and take actions to achieve better environmental performance by maintaining compliance with environmental laws and moving beyond compliance.
The guidance document lists 10 elements that are compatible with many EMS models in use, including ISO 14001. This list is not a new or competing EMS model. Instead, it is intended to provide a simple way of checking whether an existing or planned EMS includes elements to help users meet public policy needs of regulatory compliance and environmental performance that moves beyond compliance. Each user would make its own decision on the extent to which it needs to augment its existing or planned EMS by incorporating these elements. However, users of this guidance document are encouraged to include all 10 elements in their EMS to achieve maximum environmental benefit.
The 10 elements are:
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Environmental policy
- Environmental requirements and voluntary undertakings
- Objectives and targets
- Structure, responsibility and resources
- Operational control
- Corrective and preventive action and emergency procedures
- Training, awareness and competence
- Organizational decision-making and planning
- Document control
- Continuous evaluation and improvement
Each element is considered in the document in the context of the two overriding policy goals of regulatory compliance and improved environmental performance that goes beyond compliance.
This document recognizes that governments must retain the primary role in establishing environmental standards and in verifying and enforcing compliance with those standards. Use of the document or implementation of any EMS model does not alter the relationship established by domestic law between a regulated organization and its government. However, the guidance document is intended to complement EMSs in two ways: a) by stating North American government support for properly designed and implemented EMSs that help organizations achieve and maintain compliance and improve their environmental performance in both regulated and non-regulated areas; and b) by setting out a list of elements that will enhance the ability of EMS users to address these goals.
The Enforcement Working Group believes that use of this document can lead to benefits for EMS users, for government agencies and, most importantly, for the environment. Integrating these 10 elements into an EMS can also help organizations achieve more cost effective management that can lead to a reduction of pollutant levels and promote corporate leadership by demonstrating a commitment to environmental responsibility.
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