The Environmental Code and Integrated Permitting (the IPPC way)

The Environmental Code and Integrated Permitting

(the IPPC way)Bo Jansson

Swedish Environmental Protection Agency

bo.jansson@naturvardsverket.se

The Swedish Legislation

• Background• The legislation - General• The general rules of consideration• Environmentally hazardous activities • Permit and notification requirements• Some results achieved

Back ground

• Swedish EPA –First Environmental Protection Agency in the world (1967)

• The environmental protection act (1969) – Individual integrated permit in order to prevent pollution

• Sweden members of EU (1995)

• IPPC directive (1996)

Administration – an overview

200

130+500

700

1500

60

Ministry of Environment

National Chemical Inspectorate - Swedish Environmental Protection Agency

County Administrative Boards (21)

Municipalities (289)Local Environment and public Healths Committies

Environmental courts

The Swedish Environmental Code1999

• Replaced 15 Previous environmental acts

• A frame work legislation (thousands of provisions)• Natural resources• Nature conservation• Protection of plant and animal species• Environmentally hazardous activities• Health protection• Water operation• Chemical products/Waste

The objective of the Code

• Promote sustainable development

• We and future generations must have a healthy and sound environment to live in

• Nature is worth protecting for its own sake

16 (15) Environmental Quality Objectives

• Reduced Climate Impact• Clean Air• Natural Acidification Only• Non-toxic Environment• Protective Ozone Layer • Safe Radiation Environment• Zero Eutrophication• Flourishing Lakes and

Streams • Good-Quality Ground Water• A Balanced Marine

Environment

• Thriving Wetlands• Sustainable Forests• Varied Agricultural

Landscape• Magnificent Mountain

Landscape• Good Built Environment• A rich Diversity of Plant and

Animal Life

Are we getting there??(within one generation)

• Annually progress reports

• Environmental Objectives Council

• Current conditions are enough

• Can be achieved but further measures are needed

• Very difficult to achieve

Objectives and interim targets (2005)

• 16 Quality Objectives

• 72 Interim Targets – 23

– 34

– 14

2 Clean airAir must be clean enough not to

present a risk to human health or to animals, plants and cultural assets

(2005)

Interim targets• SO2, 5 g/m3, annual mean, (2005)

• NOx, 20 g/m3, annual mean (2010) 100 g/m3, hourly mean (2010)

• Ozon, 120 g/m3, 8-hour mean (2010)

• VOC, Sweden´s emission reducedto 240,000 tonnes per year

Need for more interim targets

• Particles

• Benzene

• ?

• ?

New interim targets (2006)

• Particles• A level of PM10 of 35 g/m3 as a daily

mean (2010)• A level of PM 2,5 of 20 g/m3 as a daily

mean (2010)• Benzo(A)pyrene• A level of 0,3 ng/m3 as an an annual mean

(2015)

The General rules of considerations

• Burden of proof• Knowledge requirement• Precautionary Principle, PPP and the best

possible technology principle (BPT)• Appropriate location principle• Resource management and ecocycles

principle• Product choice principle

Burden of proofKnowledge requirements

• Operator is liable to prove that the rules of the code is complied with

• Operator must have knowledge about Environmental effects and anything that needs to be known in order to protect environment

Precautionary principle and best possible technique principle

• The mere risk of damage involves an obligation to take the necessary measures to combat or prevent adverse health and environmental effects, i.e technical measures, choosing suitable raw materials, using of treatment equipment, handling chemicals etc.

• Best possible technique (~BAT) must be used

The Polluter Pays Principle

• Always the operator who causes or might cause environmental impact must pay for the preventive measures that must be taken to comply with the general rules of consideration

Localisation principleResource managements principle• The choice of localisation must made in

such a way that intrusion and nuisance to human health and environment is minimized

• Operator must conserve raw material and energy. Renewable sources of energy is preferred

Product Choice Principle

• Hazardous chemical products should be avoided if other less dangerous products can be used instead

Permit system

• Structure and operations for which permits must be obtained are covered by a separate Ordinance – Environmentally Hazardous Activities, EHA

• Large EHA; A-activities; 500• Medium Size EHA;B-activities; 5500• Small Size EHA; C-activities15000 IPPC installations in Sweden ~1000

Permitting organisation

• Permit applications are considered by 5 environmental courts (A-Activities)

• or county administrative boards (B-Activities)

• Notifications to the local environmental and public health committee (C-Activities)

A-activities

• Iron and Steel Plants (25)

• Oil Refineries (5)

• Pulp and Paper Plants (65)

• Large Combustion Plants (200 MW) (~30)

B- and C-activities

• Large food Industry B• Combustion Plants (20-200 MW) (~130)• Textile Industry

• Combustion Plants (< 20 MW) (hundreds) C • Petrol Stations (2500)• Dry Cleaners

Permit organisation – A level

Environmental Court5+1

Swedish Environmental Protection Agency

County AdministrativeBoard

Municipality

The Environmental Courts4 members

• Legally Qualified Judge

• Environmental Adviser

• Expert member (industrial operation experience)

• Expert member (public environmental exp.)

EIA/ Content of application

• Environmental protection law 1969

• IPPC directive

• EIA directive

• Swedish permit legislation today: A mixture of all 3

Environment Impact Assessment

• Why the site chosen is the best

• Transport to and from the site

• Consumption: raw material, energy, process-chemicals

• Production processes

• Internal and end-of-pipe measures

Alternatives - compare to BAT

Environment Impact Assessment

• Environmental releases from the process to all media and environmental impact (dispersion models, recipient investigations)

• Generation and disposal of waste

• Landfill at the site

• Ambient noise and counter-measures

Contents of application(more than EIA)

• administrative information• detailed technical description; manufacturing

process, use of chemicals, energy, waste etc• description of the consultations made• Suggestion of conditions

• Alternative processes• Compare to BAT (BREF)

ConditionsELV or other

SITUATION IN RECIPIENT

NATIONAL QUALITYOBJECTIVES

BAT COST EFFICIENCY

BENCHMARKING

ENVIRONMENTALQUALITY NORMS

Flow chart - Idea to permitOperator needs

a permit

consultation

Local env. AuthorityRegional env. Auth.

SEPARV

PublicOther auth.

Operator sends applicationTo Environmental Court

Env. Court sends appl. To authoritiesIs appl. Complete?

Authorities suggest improvements(written document)

Company improves application

Court decides appl. Is OKCourt adverts in local papers inviting

Public to give viewsCourt asks auth. for their views

Authorities give their views on applicationIn a written statement

Suggesting conditions for permit

Company replies on given views

Public hearing

PERMITIs issued

Permitting – overall view

• Conditions according to the Code can refer to ”anything” to get a sustainable development

• ELV• Trigger values• Demand to install a certain installation• Demand for monitoring

BAT -BREF

• IPPC Directive

• Directive 96/61/EC on Integrated Pollution Prevention and Control

• BREF BAT Reference Document

BAT - Best Available Technique

BREF http://eippcb.jrc.es~35 adopted BREFs Pulp and Paper Industry

Iron and Steel IndustryCement IndustryChlor-Alkali IndustryNon-Ferrous-Metal IndustryRefineriesWaste IncinerationStorage of ChemicalsOrganic Fine ChemicalsLarge Combustion Plants

Summary experience of integrated permit procedures

• One individual, integrate permit procedure

• Self-monitoring of emissions etc

• Reports (monthly/annual) from plants to authorities

• Compliance checking by the authorities Sanctions and charges for non-compliance

• Openness to the public

The system requires

• Highly qualified staff both in industries and authorities

• Knowledge about BAT for the sector

• Industry takes its responsibility

• Preventive, in-process measures are preferred to end-of-pipe solutions

• Openness between different stakeholders

Results from 30 years

• A drastic reduction of emissions from large point sources without harming the competitiveness of industry

• The BREFs are expected to play a role in future work with IPPC-installations in Sweden

Ökad produktion – minskade utsläpp

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Massaproduktion

Pappersproduktion

Elanvändning

CO2 (fossil)

Svavel

COD

AOX

Index