State Forest Practice Regulatory Programs: An Approach to Implementing Ecosystem Management on Private Forest Lands in the United States

/ Implemented in the context of a long history ofintense public debate, forestry practices applied on private forest land areregulated in some form by 38 states. State regulatory activities can involvemany agencies implementing numerous regulatory laws, a single forestry agencyadministering a comprehensive regulatory program, or a combination of thetwo. Regulatory programs are designed to protect resources such as soils,water, wildlife, and scenic beauty. Program administration often involvesrule promulgation, harvest plan reviews, coordination of interagency reviews,and pre- and postharvest on-site inspections. Forest practice rules usuallyfocus on reforestation, forest roads, harvest procedures, and wildlifehabitat protection. Emerging regulatory trends include growth of multiagencyregulatory authority and associated jurisdictional conflicts, increasedtendencies to narrowly specify standards in statutes and rules, emergence ofcontingent regulations, growing sensitivity to processes enabling theadoption of new forest practice technologies and an ability to addresscumulative effects, interest in collaborative rule-making stemming fromheightened concern over legalization of administration processes, and growingconcern over the constitutional foundations for regulatory programs and thegovernment and private sector cost of implementing such programs.KEY WORDS: Ecosystem management; Forestry practices; Private landowners;Regulatory programs; State government     

REGULATORY WATER QUALITY MONITORING: A SYSTEMS PERSPECTIVE1

ABSTRACT: Regulatory water quality monitoring has evolved to the point where it is a rather complex system encompassing many monitoring purposes and involving many monitoring activities. Lack of a system's perspective of regulatory monitoring hinders the development of effective and efficient monitoring programs to support water quality management. In this paper the regulatory water quality monitoring system is examined in a total systems context. The purposes of regulatory monitoring are reviewed and categorized according to their legal evolution. The activities of regulatory monitoring are categorized and organized into a system which follows the flow of information through the monitoring program. The monitoring purposes and activities are combined to form a monitoring system matrix - a framework within which the total regulatory water quality monitoring system is defined. The matrix, by defining the regulatory monitoring system and clarifying many interactions within the system, provides a basis upon which a more thorough approach to managing, evaluating, and eventually optimizing regulatory monitoring can be developed.     

The “Revolving Door” between Regulatory Agencies and Industry: A Problem That Requires Reconceptualizing Objectivity

There is a “revolving door” between federal agencies and the industries regulated by them. Often, at the end of their industry tenure, key industry personnel seek employment in government regulatory entities and vice versa. The flow of workers between the two sectors could bring about good. Industry veterans might have specialized knowledge that could be useful to regulatory bodies and former government employees could help businesses become and remain compliant with regulations. But the “revolving door” also poses at least three ethical and policy challenges that have to do with public trust and fair representation. First, the presence of former key industry personnel on review boards could adversely impact the public’s confidence in regulatory decisions about new technology products, including agrifood biotechnologies. Second, the ‘‘revolving door’’ may result in policy decisions about technologies that are biased in favor of industry interests. And third, the ‘‘revolving door’’ virtually guarantees industry a voice in the policy-making process, even though other stakeholders have no assurance that their concerns will be addressed by regulatory agencies. We believe these three problems indicate a failure of regulatory review for new technologies. The review process lacks credibility because, at the very least, it is procedurally biased in favor of industry interests. We argue that prohibiting the flow of personnel between regulatory agencies and industry would not be a satisfactory solution to the three problems of public trust and just representation. To address them, regulatory entities must reject the traditional notion of objectivity. Instead they should adopt the conception of objectivity developed by Sandra Harding and re-configure their regulatory review on the basis of it. That will ensure that a heterogeneous group of stakeholders is at the decision-making table. The fair representation of interests of different constituencies in the review process could do much to inspire warranted public confidence in regulatory protocols and decisions.     

Local voices on renewable energy projects: the performative role of the regulatory process for major offshore infrastructure in England and Wales

There is currently a considerable emphasis on delivering major renewable energy infrastructure projects. Such projects will have impacts on local communities; some impacts may be perceived as positive but others will be viewed more negatively. Any just regulatory process for considering and permitting such infrastructure will need to heed the concerns that local communities voice. But what counts as a local voice? In this paper it is argued that the regulatory process plays a performative role, constructing what counts as a local voice. Furthermore, this has consequences for how regulatory deliberations proceed and the outcomes of regulatory processes. The empirical basis for this argument is a study of major offshore renewable energy infrastructure in England and Wales and the way that it is regulated through a specific regime – the Nationally Significant Infrastructure Projects (NSIPs) regime established by the Planning Act 2008. Through a detailed study of eight projects that have passed through the regime, the analysis unfolds the way that the voices of local residents, local businesses, local NGOs and local authorities are constructed in the key boundary object of the Examining Authority’s report; it then draws out the implications for the mitigation measures that are negotiated. The research suggests that what counts as a local voice is constrained by how the performative role of the NSIPs regulatory regime differentiates between interests and suggests that new ways of giving voice to local people are required.     

The environmental regulator and industrial development

Environmental regulatory agencies' administrative procedures have a significant impact on plant location. The authors review the basic reasons why companies build new plants and the constraints they operate under during site searches. The relationship between these issues and the regulatory agencies' administrative procedures is then shown, as well as the manner in which these procedures influence the site search. On the basis of this discussion, recommendations are made about how state environmental protection agencies can assist site seekers in a manner consistent with their regulatory responsibilities.     

Regulatory requirements and tools for environmental assessment of hazardous wastes: Understanding tribal and stakeholder concerns using Department of Energy sites

Many US governmental and Tribal Nation agencies, as well as state and local entities, deal with hazardous wastes within regulatory frameworks that require specific environmental assessments. In this paper we use Department of Energy (DOE) sites as examples to examine the relationship between regulatory requirements and environmental assessments for hazardous waste sites and give special attention to how assessment tools differ. We consider federal laws associated with environmental protection include the National Environmental Policy Act (NEPA), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as well as regulations promulgated by the Nuclear Regulatory Commission, Tribal Nations and state agencies. These regulatory regimes require different types of environmental assessments and remedial investigations, dose assessments and contaminant pathways. The DOE case studies illustrate the following points: 1) there is often understandable confusion about what regulatory requirements apply to the site resources, and what environmental assessments are required by each, 2) the messages sent on site safety issued by different regulatory agencies are sometimes contradictory or confusing (e.g. Oak Ridge Reservation), 3) the regulatory frameworks being used to examine the same question can be different, leading to different conclusions (e.g. Brookhaven National Laboratory), 4) computer models used in support of groundwater models or risk assessments are not necessarily successful in convincing Native Americans and others that there is no possibility of risk from contaminants (e.g. Amchitka Island), 5) when given the opportunity to choose between relying on a screening risk assessments or waiting for a full site-specific analysis of contaminants in biota, the screening risk assessment option is rarely selected (e.g. Amchitka, Hanford Site), and finally, 6) there needs to be agreement on whether there has been adequate characterization to support the risk assessment (e.g. Hanford). The assessments need to be transparent and to accommodate different opinions about the relationship between characterizations and risk assessments. This paper illustrates how many of the problems at DOE sites, and potentially at other sites in the U.S. and elsewhere, derive from a lack of either understanding of, or consensus about, the regulatory process, including the timing and types of required characterizations and data in support of site characterizations and risk assessments.     

Environmental regulation of trades by fixed standards: The Danish experience

Summary In 1986, the Danish Environmental Protection Agency established a new regulatory system aimed at small-scale polluting activities. Contrary to the dominant regulatory system based on individual standards for each polluting activity, the new regulatory system established uniform and fixed environmental standards for all activities within a trade. The fixed standards concern location, design and daily operation. Thus far, the new regulatory system has been implemented in the trades of fur farms and auto-repair shops.This study shows that fixed environmental standards reduce the total administrative costs, intensify local monitoring and enforcement of the standards, and improve the environmental state. It is proposed that the following criteria should be considered if the regulatory system is to be implemented in other trades. The trade should consist of many units and be characterised by a moderate pace of technological development, it should posses well-defined and well-known environmental problems, and have a cooperative trade association. In Denmark several trades have been identified as obvious objects for future regulation by fixed environmental standards.Bente Kjærgård is a Research Associate in the Department of Environment, Technology and Social Studies at Roskilde University. Correspondence should be addressed to this author. The other authors are Associate Professors in the same Department. Each author possesses a research degree as follows: Per Homann Jespersen in Chemical Engineering, Henning Schroll in Biology, Jesper Holm in Technological Planning, and Bente Kjærgård in Environmental Planning.     

Policy, Principle, and Practice in Industrial Pollution Control: Views from the Regulatory Interface

There has been much criticism of the system for the control of industrial pollution, but not much is known about the views of the regulators and the industry. The objective of this study was to explore the attitudes at this regulatory interface towards the current and proposed regulatory system and make recommendations for improvements. The methodology involved a questionnaire survey sent to over 700 key personnel. Statistical analysis revealed similarities and significant differences between the views of industry and the regulator on the effectiveness of the current regime. Weaknesses related to the derivation and enforcement of standards were identified. The Environmental Quality Standards system was acknowledged to be flawed by both operators and regulators who agreed it should be improved by the expansion of listed chemicals, the introduction of sediment environmental quality standards and direct toxicity assessment of effluents. This paper concludes that these measures should be incorporated into the regulatory system, together with more rigorous enforcement of environmental performance standards including serious sanctions for non-compliance. In the longer term, a reappraisal of the regulatory system is required in order to establish an appropriate framework to ensure that environmental policy commitments are implemented.     

节能环保产业政策工具评述与展望

节能环保产业是打赢污染防治攻坚战的重要支撑,也是推动经济发展的新兴绿色动能。本文利用瓦当设计的政策工具三分法,对当前节能环保产业政策工具进行了分类研究。当前,影响节能环保产业政策的工具主要包括管制型工具、经济型工具、信息型工具三个类型。管制型工具包括指标控制、强制性标准和监督考核等;经济型工具包括财政支持、税收优惠、价格政策、金融政策等;信息型工具包括技术推广机制、产品推广机制等。尽管我国已经初步建立了政策支持体系,但当前政策工具仍然存在一系列不足,管制型工具、经济型工具、信息型工具都有较大的改进调整空间,应当进一步形成规范、合理的管制型制度,以普惠为主而非补助为主的经济型制度,以提供信息服务为主的信息型制度,并以此促进节能环保产业健康、有序发展。     

The Impacts of Human Visitation on Mussel Bed Communities Along the California Coast: Are Regulatory Marine Reserves Effective in Protecting These Communities?

Rocky intertidal habitats frequently are used by humans for recreational, educational, and subsistence-harvesting purposes, with intertidal populations damaged by visitation activities such as extraction, trampling, and handling. California Marine Managed Areas, particularly regulatory marine reserves (MRs), were established to provide legal protection and enhancement of coastal resources and include prohibitions on harvesting intertidal populations. However, the effectiveness of MRs is unclear as enforcement of no-take laws is weak and no regulations protect intertidal species from other detrimental visitor impacts such as trampling. The goal of this study was two-fold: (1) to determine impacts from human visitation on California mussel populations (Mytilus californianus) and mussel bed community diversity; and (2) to investigate the effectiveness of regulatory MRs in reducing visitor impacts on these populations. Surveys of mussel populations and bed-associated diversity were compared: (1) at sites subjected to either high or low levels of human use, and (2) at sites either unprotected or with regulatory protection banning collecting. At sites subjected to higher levels of human visitation, mussel populations were significantly lower than low-use sites. Comparisons of mussel populations inside and outside of regulatory MRs revealed no consistent pattern suggesting that California no-take regulatory reserves may have limited effectiveness in protecting mussel communities. In areas where many people visit intertidal habitats for purposes other than collecting, many organisms will be affected by trampling, turning of rocks, and handling. In these cases, effective protection of rocky intertidal communities requires an approach that goes beyond the singular focus on collecting to reduce the full suite of impacts.     

Environmental Pollution Challenges and Associated Planning and Management Issues Facing Offshore Oil and Gas Field Development in the UK

Reducing the environmental impact of offshore operations is one of the most pressing challenges facing the oil and gas industry in Europe today. A study was conducted to review the issues by literature search, and consultation with stakeholders and experts. It was clear from the literature search that considerable research had been dedicated to: protecting the marine environment; achieving compliance with legislative controls; assessing the technical and economic feasibility of platform disposal options; and ecological surveying. By comparison, considerably less research had been carried out in other important areas such as: assessing the impacts wastes returned to shore for disposal; identifying sustainable strategies for operations; and assessing and mitigating against adverse impacts from atmospheric emissions. It is clear that the environmental regulatory regime offshore will become tougher and have an increasing influence on offshore oil and gas field environmental planning and management. Future regulatory developments include: a streamlining of the offshore oil and gas environmental regulatory regime; the introduction of the Habitats Directive into the licensing system; and the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 1999. In addition, post Kyoto regulatory developments and societal concern over atmospheric pollution, will increasingly focus efforts on reducing the emission of global warming gases. These changes, coupled with the uncertainty over how resilient the environment is to perturbation, present a need to clearly manage environmental information.     

Regulatory Oversight of Genetically Engineered Microorganisms: Has Regulation Inhibited Innovation?

/ Using detailed interviews with company representatives and researchers in the field, this paper examines the factors that might account for the slow pace of development of genetically engineered microorganisms (GEMs) intended for environmental release. We specifically analyzed the role of the regulatory system in shaping innovation. We identified at least two cases where industry decided to discontinue the development of a genetically engineered microbial product because of concerns over regulatory oversight. However, most often industry decisions to continue or halt development of GEMs were based on an evaluation of the particular product's efficacy and potential for profitability. Thus the inability of GEMs to perform up to expectations in the field, rather than the regulatory constraints, appears to be the factor responsible for the slow pace of development. KEY WORDS: Genetically engineered microorganisms; Biotechnology; Regulation of biotechnology; Innovation; Environmental release     

A theory of chemicals regulation and testing

Risk management of chemicals requires information about their adverse effects such as toxicity and persistence, for example. Testing of chemicals allows for improving the information base for regulatory decision‐making on chemicals' production and use. Testing a large number of chemicals with limited time and resources forces a prioritization of chemicals. This paper proposes a decision model that provides a ranking of chemicals according to “urgency to test”. The model adopts a value‐of‐information approach describing the expected welfare gains from regulatory actions that respond to test information. We determine the value‐of‐information of tests revealing chemicals' levels of toxicity and persistence. We compare our findings to the prioritization of chemicals in the new European Chemicals Regulation “REACH”, where several tens of thousands of chemicals are to be tested in order to fill existing information gaps and to implement more effective risk management. We find that the main lines of chemicals' prioritization under REACH receive backing from our decision model. However, prioritization for testing can be further improved by accounting for testing costs and the sensitivity of regulatory action with respect to the test information.     

Keeping pace with technology: drones,disturbance and policy deficiency

This paper analyses regulatory responses to rapid intensification of the use of drones/remotely piloted aircraft (RPA) in the context of wildlife protection. Benefits and disadvantages of the technology to wildlife are examined, before three key limitations in policy and law are identified: failure to address wildlife disturbance in RPA regulation; reliance upon insufficiently comprehensive existing wildlife protection legislation to manage disturbance effects; and limited species-specific research on disturbance. A New Zealand case study further reveals an inconsistent regulatory approach struggling to keep pace with innovation, inadequate regulatory capture of environmental effects due to exemption as “aircraft”, and no recognition that specific geographical locations, such as coastal areas, distinguished by recreational pressures and high numbers of threatened species require special consideration. Recommendations include acknowledging the impact on wildlife in policy, gap analysis of legal arrangements for protection from disturbance (including airspace), and adoption of minimum approach distances to threatened species.     

Public regulatory relief and the adoption of environmental management systems: a European survey

An increasing number of organizations across the world have adopted Environmental Management Systems (EMSs) based on certifiable standards, notably the European Eco-Management and Audit Scheme (EMAS) and the ISO 14001 standards. Although the specialized literature has studied the motivations, obstacles and benefits of the adoption of these standards for EMSs extensively, the impact of the public incentives on the adoption of such environmental management tools has been overlooked. In order to fill this gap in the literature, this article aims to shed light on the level of companies' knowledge and application of the main regulatory relief initiatives provided by public administrations around the EU for organizations with a certified EMS. For that purpose, this article summarizes the main findings of a survey carried out with the participation of 244 European EMAS-registered organizations. The findings of the survey highlight the fact that most of the surveyed companies have adopted or benefitted from some form of regulatory relief, mainly by making use of the measures granting an extended duration of some permits (44%), reductions in financial guarantees in the waste-treatment sector (31%) and tax reductions (26%). Moreover, it emerges that, among countries, the role of regulatory relief to support companies in the path to the adoption of EMSs is not univocal.     

How regulations impact innovative environmental technologies: A recent case study

The White House Conference on Environmental Technology, held December 12–14, 1994, is the most recent of many events building toward a national environmental technology strategy, which President Clinton will announce on April 22, 1995, the 25th anniversary of Earth Day. Promoting innovation and eliminating barriers to new environmental technologies are important issues in developing this strategy. Anticipating these developments, EPA launched its own Technology Innovation Strategy in early 1994. EPA's strategy explicitly calls for strengthening incentives for technology innovation within regulatory, policy, and enforcement programs. In this light, it is worthwhile to look at a recent case study showing how regulations impact innovative environmental technologies, particularly because there appears to be a gathering political sentiment for deeper regulatory reform.     

Governance reform,external support,and environmental regulation enforcement in rural China: The case of Guangdong province

This paper examines how configurations of external support factors have evolved alongside governance reform in recent years and how these evolving configurations have affected regulatory enforcement in four counties in Guangdong Province in China. Based on in-depth interviews with leading officials in the local environmental protection bureaus (EPBs), we show that there have been increases in government and societal support for local EPBs in their regulatory work, thanks partly to a number of recent governance reform efforts, but many problems have remained. Based on a questionnaire survey of enforcement officials, we examine how the perceptions of government and societal support are related to EPB officials’ self-perception of effectiveness. It is found that both local government support and societal support have an influence on enforcement officials’ self-assessment of effectiveness, but the relationships varied considerably depending on various dimensions of effectiveness and the patterns of interactions between government and societal support.     

REGULATING NONPOINT SOURCE POLLUTION IN SURFACE WATERS: A PROPOSAL1

ABSTRACT: Nonpoint sources (NPS) are an important and continuing source of toxic and conventional pollutants to surface waters. The Clean Water Act amendments of 1987 call for the regulation of these sources through the use of Best Management Practices (BMP). However, BMP implementation has generally occurred on a voluntary basis. This paper proposes a regulatory mechanism to control nonpoint source pollution. The regulatory mechanism involves the development of consortia, made up of all parties potentially responsible for NPS pollution, the development of wasteload allocations that coordinate the pollutant contributions from both point and nonpoint sources in a stream segment, and the issuance of permits to consortia to regulate the impacts of NPS pollution and ensure achievement of state or federal Water Quality Criteria and Standards.