Air pollution: Defra publishes consultation findings on better regulation

Defra today published the findings of its consultation on the first stage of the better regulation review of the local authority pollution, prevention and control regime.

The consultation, which closed on 19 May, was conducted by Defra, the Scottish Executive and the Welsh Assembly Government and sought views on draft criteria for assessing the scope for simplifying or employing alternative regulatory approaches. The finalised criteria and the comments made will now be taken forward as part of the second stage of the review.

The pollution, prevention and control regime and predecessor legislation - set up to ensure that some 17,000 business and industrial sites are permitted, monitored, and meet local air quality standards - has been in place for 15 years.

Between 3,000 and 4,000 of these businesses are not directly required to have a permit under European law in this regime and many represent a relatively low environmental risk.

The second stage of the review will include an evidence-based assessment taking account of comments received and looking at the wider implications for human health and environmental protection. Key interested parties will be involved, and a draft Regulatory Impact Assessment will be produced before a second consultation, including the draft RIA, is published in 2007.

The review will look at:

•  Whether the PPC regime is still the most appropriate way to regulate these businesses;

•  Whether it would be possible to simplify procedures; and

•  Whether alternative regulatory approaches could be used.

It will be conducted without prejudice of potential outcomes and will look to balance the interests of environmental protection and the burdens on industry.

It will not remove from control any activities that are a significant source of air pollution and which would compromise air quality policy, objectives, obligations or agreements.

Instead it will look to review alternative approaches that deliver necessary environmental improvements in a way which doesn't place unnecessary regulatory burdens on business.

The findings of the first consultation can be read in full at: www.defra.gov.uk/corporate/consult/ppcact-partb/index.htm

Notes to editors

1.   Since 1991, local authorities (LAs) have regulated many industrial processes by issuing permits with conditions. Some 17,000 now have permits. For further details see www.defra.gov.uk/environment/ppc/policy.htm#11

2.    As part of the Governments' commitment to Better Regulation Defra has committed to cutting the administrative burdens imposed on business by its regulations by at least 25% by the end of 2009.

3.   Better Regulation is about systematically assessing the potential impact which all new policies and proposals may have from the earliest stage, so that Government understands what impact they will have: upon business, society, the economy and the environment. It is also about constantly looking for opportunities to improve existing policies, such as by legislative reform, streamlining administrative procedures or perhaps lighter touch enforcement.

4.    In terms of the environment, Better Regulation is about making and delivering policy that will enable us to achieve our environmental objectives in a way that is proportionate and risk-based, so that regulators focus their efforts and resources effectively.

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