How to successfully navigate environmental regulations

September 30th, 2019 by Dakota Software Staff

Environmental regulations are a foundational consideration for businesses across the modern economy. Companies that want to keep the environment safe, protect their employees and local communities and avoid serious consequences from the Environmental Protection Agency need to take a careful approach to complying with all relevant rules.

Understanding the reasoning behind the environmental regulatory process, from the development of the EPA to more recent implementation of rules such as the Clean Air Act and Clean Water Act, can provide valuable context for bolstering modern compliance efforts. Similarly, a grasp of how frequently these regulations change and a look at how companies can enhance their ability to follow such rules are both valuable.

Environmental regulationsaffect many businesses across the modern economy.

What is the purpose of the EPA and environmental law in general?

Environmental law covers a wide range of rules and regulations that are tied to an individual's or organization's ability to create, transport, utilize, dispose of or otherwise interact with a given substance or material. Environmental law generally addresses the potential of pollution and focuses on limiting or eliminating specific types of it. Regulations are broad and can cover localized pollution, such as hazardous waste seeping into a local body of water, or much more widespread issues, such as greenhouse gas emissions from vehicles.

The EPA is a federal agency that focuses on enforcing policies and rules related to pollutants and other hazardous substances that can impact the environment. As part of the federal government, it has a broad purview. Except in situations where it has delegated responsibilities to similar, state-level agencies, it serves as the main environmental steward for the country's 50 states and its territories.

It's important to note that the EPA doesn't develop and enact environmental regulations by itself. Instead, it has a more limited type of power that works in concert with statutes approved by Congress. When Congress passes a statute, the EPA has the authority to develop regulations that interpret the content of the relevant statute and put them into force.

Beyond enforcing rules related to environmental concerns, the EPA also facilitates a variety of educational opportunities related to its operations and engages in environmental research.

How often do environmental regulations change?

Environmental regulations take a wide variety of important considerations into account. That includes very general, widespread factors like public health and the long-term influence of potentially hazardous substances on the environment to a range of much more specific issues. Because of all the different elements considered when developing environmental laws, continuing research into potential sources of pollution and the development of new business processes, environmental regulations can change frequently.

There's no set schedule for the EPA or state-level agencies to introduce additional environmental regulations. However, new rules related to everything from water resources and air pollution to waste management may come about at nearly any time. Businesses have to be prepared for new restrictions that could directly impact the way they operate, forcing changes to workflows and potentially requiring the implementation of new equipment or monitoring tools.

Although the current regulatory climate has shifted toward a deregulatory process, where the rollback of existing rules is emphasized, this process can also cause complications for businesses. The New York Times cited 85 specific environmental rules that have been rolled back or are in the process of being dismantled. Deciding whether to adapt current processes, which may have involved a significant investment in equipment, training, or both, to a suddenly looser regulatory environment requires some careful decision-making on the part of business leaders.

Similarly, tracking in-process rule rollbacks to determine if and when they occur, especially when legal challenges are involved, is vital for avoiding liability. The last thing your company wants to do is act too soon in relation to an in-process or stalled rule rollback and expose itself to fines and other penalties. Finally, some businesses may have realized more efficient operations or other benefits due to changes required by a regulation that has been made irrelevant by deregulatory efforts. In these cases, companies may decide to continue compliance efforts for their own benefit, even though there's no legal requirement to do so.

Even though the regulatory environment currently emphasizes deregulation, the long-term development of additional rules are clear. And the EPA is still introducing new rules as it rolls back older ones. Keeping track of new rules, changes to existing ones and areas where the EPA and state-level environmental agencies may choose to focus on for enforcement purposes is crucial for successful, compliant operations.

How can your company ensure it successfully follows environmental regulations?

Strong EHS compliance is vital for all companies that are subject to EPA rules. In the modern economy, there is a broad range of businesses that have to contend with these regulations - whether many or a select few.

Dakota Software offers an effective platform for managing and planning around compliance needs as well as internal expertise, with staff who have in-depth knowledge of regulations and a clear view of likely developments. Because environmental compliance and overall adherence with all EHS rules can be an especially complicated, we take a comprehensive approach that allows companies across the modern economy to become substantially more confident in their compliance efforts. With access to relevant information and support from regulatory experts, organizations are empowered to take on the many details of EHS compliance.

Environmental management is a complicated, regularly changing process, but it isn't an insurmountable challenge for companies that take a thoughtful approach and move carefully in terms of their compliance responsibilities. Our Plan-Do-Check-Act Platform focuses on a proactive attitude that allows a greater degree of control and shifts away from a reactive approach to compliance that can expose businesses to penalties. With an integrated library of regulations and a variety of data analysis tools, reporting and other compliance needs related to waste, water, air and other concerns become simpler and more manageable.

To learn more about how we can support your environmental compliance efforts, request a demo today.