Environmental Administration and Legislation, презентация

REVISION
What did you learn last week?
15.11.2016
Environmental Administration and Legislation, 2016

15.11.2016
Environmental Administration and Legislation, 2016

In the environmental permit process there are two key participatory opportunities*.
The first enables participation before the permit decision is made, and therefore has the potential to affect the decision-making process.
The second key participatory opportunity is through judicial review, once the decision has been made.
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Environmental Administration and Legislation, 2016

Registration procedures
Finland as example
Environmental Administration and Legislation, 2016
15.11.2016

Registrations
Businesses must also register certain activities with the environmental authorities, even where they will only occur temporarily, e.g.
activities that will lead to noise and vibrations,
experimental and exceptional operations that could have negative environmental impacts.
the clean-up of contaminated soils must be registered according
Registration is a lighter procedure than a permit.
Why is there such a tool?
Environmental Administration and Legislation, 2016
15.11.2016

Activities that will lead to noise and vibrations
Operators must notify the municipal environmental protection committees in writing of measures or events causing temporary noise or vibration, if there is reason to expect that such noise or vibration will be especially disturbing.
If such projects involve the territories of several municipalities, the notification must be submitted to the Centre for Economic Development, Transport and the Environment whose territory the noise or vibration will mainly occur.
Environmental Administration and Legislation, 2016
15.11.2016

Activities that will lead to noise and vibrations
A notification is not required on activities that require an environmental permit or concern the household of a private person, the Defence Forces' activities …
The notification shall be made in good time before taking the measure or starting the activity, but not less than 30 days in advance.
Environmental Administration and Legislation, 2016
15.11.2016

Experimental activities
A written notification on experimental activities shall be made to the competent environmental permit authority at the latest 30 days before starting the activity.
Environmental Administration and Legislation, 2016
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Exceptional Operations
If an accident, production disturbance, demolition of a structure or equipment or some other corresponding factor causes emissions or generates waste that may pose an immediate and manifest risk of environmental pollution…the operator responsible for the activity or the holder of the waste must notify a supervisory authority of the incident without delay.
If for an unforeseen reason observance of the permit regulation is impossible for a limited period, the operator must notify the supervisory authority of the matter.
Environmental Administration and Legislation, 2016
15.11.2016

Remediation of contaminated soils
An environmental permit is required for the remediation of contaminated extractable land resources.
Action may, however, be initiated to restore soil in a contaminated area or to remove contaminated soil material for remediation elsewhere by making the relevant notification to the Centre for Economic Development, Transport and the Environment if:
the extent of the contaminated soil and the degree of contamination have been adequately established;
remediation observes an approved method in general use; and
the activity does not result in any other pollution of the environment.
Environmental Administration and Legislation, 2016
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BAT
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Environmental Administration and Legislation, 2016

the permit application – the actual activity
Including assessment of BAT
the given statements and opinions
reply given by the operator
relevant environmental legislation
Including land use planning and EIA!
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Environmental Administration and Legislation, 2016

BAT- history
Concept of BAT first used in the UK “Salmon Fishery Act 1861”
Best available techniques not entailing excessive costs (BATNEEC) introduced with the 1984 Air Framework Directive (AFD)
In the US similar concept found in the CWA and CAA
Included in the first IPPC directive (96/61/EC)
Environmental Administration and Legislation, 2016
15.11.2016

BAT
“The most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole”
Environmental Administration and Legislation, 2016
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… to ”break it down”
"techniques" shall include both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned,
"available" techniques shall mean those developed on a scale which allows implementation, under economically and technically viable conditions,
"best" shall mean most effective in achieving a high general level of protection of the environment as a whole.
Environmental Administration and Legislation, 2016
15.11.2016

Who determines what is good enough?
The European IPPC Bureau produces reference documents on BAT, called BREFs.
BREFs are the main reference documents used by competent authorities in Member States when issuing operating permits for the installations that represent a significant pollution potential in Europe.
Where do BREFs come from?
Environmental Administration and Legislation, 2016
15.11.2016

Who determines what is good enough?
BAT information exchange is carried out by national technical working groups (BAT working groups), which are composed of representatives from industry and permit authorities and inspectors
the group chair acts as the national member in the corresponding Technical Working Group (TWG) at EU level information exchange.
Environmental Administration and Legislation, 2016
15.11.2016

Who determines what is good enough?
National BAT Working Groups comment on draft BREFs prepared by the EIPPCB and gather other relevant background information.
Results of National BAT information exchange for different industrial sectors are published as National BAT technology reports and many of them have been sent for background information for BREF's preparation.
Environmental Administration and Legislation, 2016
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IPPC Bureau
The European Integrated Pollution Prevention and Control Bureau was set up to organise an exchange of information between Member States and industry on BAT, associated monitoring and developments in them.
Environmental Administration and Legislation, 2016
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“Where the competent authority sets permit conditions on the basis of a best available technique not described in any of the relevant BAT conclusions, it shall ensure that technique is determined by giving special consideration to the criteria listed in Annex III…”
Environmental Administration and Legislation, 2016
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Criteria for determining best available techniques
the use of low-waste technology;
2. the use of less hazardous substances;
3. the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;
Environmental Administration and Legislation, 2016
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Criteria for determining best available techniques
4. comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;
5. technological advances and changes in scientific knowledge and understanding;
6. the nature, effects and volume of the emissions concerned;
Environmental Administration and Legislation, 2016
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Criteria for determining best available techniques
7. the commissioning dates for new or existing installations;
8. the length of time needed to introduce the best available technique;
9. the consumption and nature of raw materials (including water) used in the process and energy efficiency;
Environmental Administration and Legislation, 2016
15.11.2016

Criteria for determining best available techniques
10. the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;
11. the need to prevent accidents and to minimise the consequences for the environment;
12. information published by public international organisations.
Environmental Administration and Legislation, 2016
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BAT SELECTION
The selection of Best Available Techniques consists in finding the appropriate balance between environmental performance and technical and economical availability.
This balance depends on a number of parameters, such as the projects environmental requirements and goals, technical constraints, stakeholders expectations and the economic viability of the project.
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Environmental Administration and Legislation, 2016

Practical definition of BAT
Scope and identify the alternative techniques under consideration - refer to the BREF(s), relevant site-specific factors, techniques not covered by BREF.
Compile an inventory of emissions and resource use for each option - significant emissions/resource use, synergistic effects bioaccumulation, changes within an emissions type
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Environmental Administration and Legislation, 2016

Practical definition of BAT
3. Estimate environmental effects -may be weighted to reflect closeness to environmental benchmark Practical definition of Best Available Techniques.
4. Determine the technique that offers the highest level of protection for the environment as a whole - equal weight to all media? Short term vs long term impacts, ozone/global warming potential, noise and vibration, odour etc -impact on resource use/waste
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Environmental Administration and Legislation, 2016

Practical definition of BAT
5. Determine the costs for each alternative technique - what is included and on what basis? -- economic assumptions eg amortisation period
6. Evaluate the alternatives - on what basis? e.g. Benchmark costs/kg of pollutant Point of more rapidly increasing costs
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Environmental Administration and Legislation, 2016

BAT as legislative tool
The requirement of BAT alone doesn’t do much, but combined with permits is a handy tool for putting the pressure for using the best alternative on those who cause environmental impacts.
Reminder – authorities may require to amend a permit if a new BAT is found.
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Environmental Administration and Legislation, 2016

Environmental Monitoring and Reporting as Legislative Instruments for Environmental Protection
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Environmental Administration and Legislation, 2016

Monitoring and Reporting
Monitoring by the operator and by the supervising authority.
Set requirements for monitoring inspections.
Reporting by the operator about the results of monitoring environmental impacts and about improvements made as required by the authorites (and/or permits)
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Environmental Administration and Legislation, 2016

Monitoring and inspections
Environmental Administration and Legislation, 2016
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Monitoring
The operator is required to monitor environmental impacts of the activity
Supervising authority monitors compliance with the permit regulations (conditions)
Environmental Administration and Legislation, 2016
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Supervising authority monitoring
in Finland:
Activities covered by environmental permits are monitored throughout their life cycles, by the regional Centres for Economic Development, Transport and the Environment and municipal environmental protection officials.
Environmental permits describe the specific operations of individual facilities, and
incorporate official limits defined for factors including emissions, emission monitoring procedures and reporting. (www.ymparisto.fi)
Environmental Administration and Legislation, 2016
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Monitoring plans
Regional Centres for Economic Development, Transport and the Environment annually publish monitoring plans covering their environmental permit monitoring work.
These plans describe specific regional features, needs, resources and objectives.
The regional Centres for Economic Development, Transport and the Environment are obliged to draft such plans by Finland’s Environmental Protection Act, but municipalities may also beneficially adopt this practice.(www.ymparisto.fi)
Environmental Administration and Legislation, 2016
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Monitoring inspections*
All facilities are subjected to scheduled inspections assessing whether
emissions are being duly monitored,
facilities are operating according to their permit limits, and
they are planning any actions that might require new permits.
Facilities may also be inspected in response to complaints from members of the public.”
(www.ymparisto.fi)
Environmental Administration and Legislation, 2016
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Reporting
Environmental Administration and Legislation, 2016
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Reporting
Basically two types of reporting is required:
Reporting results of monitoring environmental impacts
Reporting improvements made as required in environmental permit, prior to review of permit requirements
Environmental Administration and Legislation, 2016
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Condition 10.1.
“The licensee shall carry out such sampling, analyses, measurements, examinations, maintenance and calibrations as set out in Schedules:
Schedule 1: Monitoring of Emissions to Atmosphere.
Schedule 2: Monitoring of Emissions to Water.
Schedule 3: Waste Analysis.
Schedule 4: Surface Water Discharge Monitoring.
Schedule 5: Groundwater Monitoring
of this licence.”
Environmental Administration and Legislation, 2016
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Condition 10.6.
“The licensee shall install on all emission points such sampling points or equipment, including any data-logging or other electronic communication equipment, as may be required by the Agency.
All such equipment shall be consistent with the safe operation of all sampling and monitoring systems.”
Environmental Administration and Legislation, 2016
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Condition 10.8.
“The licensee shall, within three months of the date of grant of this licence, install in a prominent location on the site a wind sock, or other wind direction indicator, which shall be visible from the public roadway outside the site.“
Environmental Administration and Legislation, 2016
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Condition 11.1.
“The licensee shall record all sampling, analyses, measurements, examinations, calibrations and maintenance carried out in accordance with the requirements of this licence.“
“The licensee shall record all incidents which affect the normal operation of the activity and which may create an environmental risk.” …
Environmental Administration and Legislation, 2016
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Condition 11.4.
The format of all records required by this licence shall be to the satisfaction of the Agency.
Records shall be retained on-site for a period of not less than seven years and shall be available for inspection by the Agency at all reasonable times.
Environmental Administration and Legislation, 2016
15.11.2016