Conference on Implementation and En-forcement of Environmental Legislation Session 5:

Conference on Implementation and En-Conference on Implementation and En-forcement of Environmental Legislationforcement of Environmental Legislation

Session 5:Session 5:Compliance and EnforcementCompliance and Enforcement

Horst Büther, GermanyHorst Büther, Germany Malta, October 2013Malta, October 2013

New Requirements on Inspection

New Requirements on Inspection

European Union Network forthe Implementation and Enforcement

of Environmental Law



October 2013 Malta 2

HistoryHistory

1997: IMPEL – Minimum Criteria for Inspections

1999: IMPEL - Reference Book for Environmental Inspections

2001: EU – Recommendation on Minimum Criteria for Environmental Inspections

2007: IMPEL – Step by Step Guidance Book for Planning of Environmental Inspections

2011: IMPEL – easyTools Risk Assessment Guidance Book

2011: EU - Industrial Emissions Directive2012: IMPEL – Guidance for IED Inspections

IED InspectionsIED Inspections





3

IED Articles on InspectionsIED Articles on Inspections

Recital 26: staff and qualifications Article 3: Definitions Article 7: Incidents and accidents Article 8: Non-compliance Article 14: Annual emissions report Article 16: Monitoring requirements Article 21: Reconsidering of permit conditions Article 23: Environmental inspections

For the first time obligatory

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Project member countriesProject member countries Project supporting countriesProject supporting countries

IMPEL Project IED InspectionsIMPEL Project IED Inspections







easyToolseasyToolsRISK ASSESSMENTGUIDANCE BOOK

Final version February 20129

1010

Article

Article 3: Article 3: DefinitionsDefinitions


‘environmental inspection’ means all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management of the installation, undertaken by or on behalf of the competent authority to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact;

(22)(22)






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1. System of environmental inspections / full range of environmental effects

2. Environmental inspection plan3. Content of the inspection plan4. Environmental inspection program /

frequency of site visits / risk appraisal / risk criteria

5. Non-routine inspections6. Inspection report

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Article 23: Article 23: Environmental inspectionsEnvironmental inspections


3. Each environmental inspection plan shall include the following:

a) a general assessment of relevant significant environmental issues;

b) the geographical area covered by the inspection plan;

c) a register of the installations covered by the plan;d) procedures for drawing up programmes for routine

environmental inspections pursuant to paragraph 4;e) procedures for non-routine environmental

inspections pursuant to paragraph 5;f) where necessary, provisions on the cooperation

between different inspection authorities.







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Based on the inspection plans, the competent authority shall regularly draw up programmes for routine environmental inspections, including the frequency of site visits for different types of installations.The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks. If an inspection has identified an important case of non-compliance with the permit conditions, an additional site visit shall be carried out within 6 months of that inspection.

4.4.

--

--

4.4.

--

--







Lucom Interaction PlatformLucom Interaction PlatformLucom Interaction PlatformLucom Interaction Platform



4. The systematic appraisal of the environmental risks shall be based on at least the following criteria:

a) the potential and actual impacts of the installations concerned on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents;

b) the record of compliance with permit conditions;c) the participation of the operator in the Union eco-

management and audit scheme (EMAS), pursuant to Regulation (EC) No 1221/2009.

The Commission may adopt guidance on the criteria for the appraisal of environmental risks.







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Risk CriteriaRisk CriteriaPotential impactsPotential impacts Kind and type of installation Risk of accidents Handling and storage of waste Actual impactsActual impacts Levels and types of emissions: air, water, soil Sensitivity of the local environment Incidents and accidents Operator performanceOperator performance Compliance with permit conditions Attitude of the operator Environmental management system (EMAS)

Malta

Regional DistrictAdmin. Cologne

Environmental permitRn: 53.8851-16- 03513

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Potential ImpactsPotential Impacts

Dangerous Waste

5

no

4

3

2

1

0

1

2

3

4

5

No DW DW < 2t/y DW > 2t/y DW >350t/y

DW >3,500t/y

DW >20,000t/y

Sco

re

Insp

ectio

n fr

equ

ency

(yea

rs)







14

Actual ImpactsActual ImpactsReleases to air, water and soil

5

no

4

3

2

1

0

1

2

3

4

5

NonPRTR

PRTR<TV

DifferentPollut.

PRTR>TV

PRTR>5TV

PRTR>10TV

Sco

re

Insp

ectio

n fr

equ

ency

(yea

rs)

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15

Apraisal of the Installation

5

no

4

3

2

1

0

1

2

3

4

5

Type /Kind

Danger.Subst.

Danger.Waste

Emisions Environ.Quality

Incid. /Accid.

Sco

re

Insp

ectio

n fr

equ

ency

(yea

rs)

IIntegrated ntegrated RRisk isk AAssessment ssessment MMethodethod

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IRAM principles

I. The inspection frequency is determined by the highest impact score

II. The inspection frequency is reduced by one step, if the set number of highest scores is not met (the Rule)

III. The inspection frequency can be changed by one step up or down based on operator performance

IV. The more criteria are scored high, the more inspection effort is needed

IIntegrated ntegrated RRisk isk AAssessment ssessment MMethodethod

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Implementation of the IED into the Implementation of the IED into the (German) Law on Pollution Control(German) Law on Pollution Control

Betensted / Grandjot / Waskow, ZUR 7-8/2013, 395-403:

Inspection Programs

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...assessment methods are developed that distinguish between impact and operator criteria; the mean value problem, …, shall be solved by using the most severe criterion for determining the inspection frequency. European Union Network for

the Implementation and Enforcementof Environmental Law



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Web Tool and DatabaseWeb Tool and Database

The IRAM rules were implemented into a web based programme for risk assessment in inspection planning

The programme distinguishes between:Coordinator --- decides on inspection task, criteria, and ►steering terms and factorsInspector ------ does the risk assessment►

No assessment data storage in the internet The assessment data can be downloaded as xml- or csv-files and be imported into national data bases

(Access and Excel) Address of the programme:

https://www.fms.nrw.de/lip/authenticate.do

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New Language VersionsNew Language Versions


October 2013

English

Czech

Deutsch

Français

Hrvatski

Portuguese

Slovenian

Welcome, Koordinator BR Köln!

Date of the last logon: April 1, 2013 at 6:14 PM

You are on the IMPEL form server that provides you with an application for risk assessment in inspection planning.





Non-routine environmental inspections shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the granting, reconsideration or update of a permit.

5.5.





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Scope of Site VisitsScope of Site Visits

• Non-routine inspectionsNon-routine inspections Scope is defined by kind of accident, complaint, etc.

• Routine inspectionsRoutine inspections Scope depends on the risk profile• Criteria with highest risk will get most

attention• Criteria with lowest risk will get least

attentionScope also depends on qualifications involved

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Unannounced InspectionsUnannounced Inspections• At factories causing problems• After serious occurrences of non-

compliance, accidents • After repeated non-compliances • After repeated complaints• As an expansion of a site visit• To check an ordinance• As focus inspection • After exceeding of ELV‘s or EQS‘s• As control of EQS‘s







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Graduation of non-complianceGraduation of non-complianceA Minor B Relevant C Seriouscases of non-compliance Were is the violation: Compliance with ☻ ☻ ☻

permit conditions Emission limit ☻ ☻ ☻

values are kept Environmental quality ☻ ☻ ☻

standards are kept Aim of permit achieved ☻ ☻ ☻------------------------------------------------------------------------- Case of non-compliance: A B C

Requires: nothing ☻ assessment ☻ enforcement ☻

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6. Following each site visit, the competent authority shall prepare a report describing the relevant findings regarding compliance of the installation with the permit conditions and conclusions on whether any further action is necessary.

- The report shall be notified to the operator concerned within 2 months of the site visit taking place. The report shall be made publicly available by the competent authority in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information within 4 months of the site visit taking place.

- Without prejudice to Article 8(2), the competent authority shall ensure that the operator takes all the necessary actions identified in the report within a reasonable period.







Inspection ReportInspection Report

• Notification to the operator 2 month after on-site inspection

• Publicly available 4 month after inspection in accordance with EID

Art. 3: on demand Art. 7: summary on the internet

• Content of the summary Description of the installation and the inspection Results: minor/relevant/serious non-compliance Measures to be taken by the operator and the inspection authority







A) ...

...

Umweltinspektionsbericht

Fa. Guss GmbH & Co. KG, Aachenvom 12.12.2012

27October 2013

[email protected]@brk.nrw.de

Malta 28October 2013

Documents

Conference on Implementation and En-forcement of Environmental Legislation Session 5: