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Meeting with An Bord Pleanála Review Group
By Laura Burke
Dara Lynott
Frank Clinton
9th December 2015
Environmental Protection Agency (EPA)
EPA Established in 1993
Sponsor in Government – Department of the Environment
Powers derived from EPA Act 1992, Waste Management Act
1996, Protection of the Environment Act 2003
Since 1993 over 60 further statutory instruments and
regulations assigning additional responsibilities Drinking Water, Waste Water, Septic Tanks, EIA
Radiological Protection (Miscellaneous Provisions) Act 2014
Merger of RPII and EPA
Office of Radiological Protection within EPA
A clean productive and well protected
environment supporting a sustainable
society and economy
VISION
‘To protect and improve the environment as a
valuable asset for the people of Ireland. To protect
our people and the environment from the harmful
effects of radiation and pollution.’
Mission
Environmental Protection Agency
Section 52(2): In carrying out its functions the Agency
shall:-
“ensure, in so far as is practicable, that a proper
balance is achieved between the need to protect
the environment (and the cost of such protection)
and the need for infrastructural, economic and
social progress and development.”
EPA Essential Characteristics
Three priorities or essential characteristics for the EPA were set
out when the Bill to establish the Agency was introduced:
“independence from Government, public authorities or any
other interested bodies;
power to carry out their functions effectively; and
transparency in all their decisions” and also that its scientific
integrity should be beyond reproach
Ref: 127 Seanad Debates Col 684 (23 January 1991).
EPA Review
The Independent Review of the Environmental
Protection Agency, 2011 Key Finding:
“The Agency has grown and matured, providing considerable benefit
for Ireland’s environment, and for the health and well-being of its
people.”
“the EPA has the independence to arrive at informed and objective
decisions, based on the facts (scientific integrity), and to undertake
objective assessment and reporting on the state of the environment.
This independence is one of its key strengths and is well provided for
in existing legislation.”
Governance
Board
Director General and five directors form Board of Agency
Executive Board fulfils both governance and management roles
Lead and approve Strategic Policy, Monitor and review implementation
Board acts in quasi-judicial role in licensing function
Director General
Accounting Officer and Chair of the Board
Chief Executive of the EPA
Accountable to Oireachtas through PAC
Directors
Appointment
Open competition
Appointed by Government
Selection Committee Established under the EPA Act (as amended)
Committee Members include:
Secretary to the Government
Secretary of the Department of the Environment
Chairperson of the Council of An Taisce – the National Trust for Ireland
MD of the IDA
Chief Executive of the Council for the Status of Women
Term of Office Director General – 7yrs
Directors- 5 yrs
Advisory/ Consultative Committees
EPA Advisory Committee
Health Advisory Committee
Radiological Protection Advisory Committee
GMO Advisory Committee
Dumping at Sea Advisory Committee
National Waste Prevention Committee
Internal Audit Committee
Meitheal Partnership Committee
Organisational Structure
EPA Offices (from MK presentation 2011)
Regional Inspectorates
• Dublin
• Cork
• Castlebar
• Monaghan
• Kilkenny
Regional Offices
• Athlone
• Limerick
Headquarters in Wexford
366 Staff in 8 Locations in 2015
Staff
Highly qualified, dedicated and professional staff
49 PhDs and 143 Masters Degrees
Broad range of technical administrative and scientific
disciplines
Strong commitment to continuous learning
EPA Review 2011: “The environmental expertise within
the EPA is a significant national resource”
Staff Skill-set
In the EPA for example we employ a whole range of
professionals:-
• Chemists • Geologists • Ecologists • Microbiologists • Hydrogeologists • Hydrologists • Marine Biologists • Zoologists • Accountants • Economists • Physicists
• Sociologists • Biochemists • Botanists • Environmental Scientists • Agricultural Scientists • Information Systems Scientists • Computer Scientists • Engineers (Chemical, Civil & Process) • Lawyers • Administrators • Managers
Budget
Exchequer funding Core Government Funding Water Framework Funding
Environment Fund Enforcement NWPP Research
Earned Income
Licence fees Enforcement charges Auction of ET allowances
Budget 2015 €62 million
Working Arrangements
Service Level Agreement with DECLG
Available on EPA website
Memoranda of Understanding
11 MOUs currently in place
Available on EPA website
ABP, CSO, CER, DAFM, UK Drinking Water Reulators, HSA, HSE,
Marine Institute, Met Eireann, FSAI
Licensing
Transparent and accessible licensing process
Our licensing work is done in keeping with the
requirements of the Aarhus Convention All application information is posted on our web pages
All decisions are posted on our web pages
Confidential information is the exception rather than the rule
All licence decisions are accompanied by the Reasons for the
Decisions made
We are fully compliant with the requirements of the FoI and the
AIE legislation
EPA is accountable to the Oireachtas and its Committees
EPA appears regularly at Dail Committees
Decisions can be scrutinised by the Courts, e.g., under Section 85
of EPA Acts, judicial reviews can be taken.
Licensing
Purpose of licensing regimes
To comply with the relevant EU Directives IPPC (former), IED, Waste Framework Directives, Water
Framework Directive, etc.
To comply with National legislation EPA Acts, Waste Management Acts, National Regulations such as
the Wastewater Discharge (Authorisation) Regulations S.I. 684 of
2007, etc.
To provide operators with a effective regulatory
framework to ensure that the environment is
protected from harm associated with emissions to
air, water, land, etc.
Licensing
Types of industry
Large scale industries, including: Power Generation
Mining & metals
Chemicals & pharmaceuticals
Food & Drink
Cement & lime
Timber processing
Fossil Fuels
Surface Coaters
Intensive Agriculture
Higher risk activities, including: GMO activities
Waste Incineration & hazardous waste incineration
Waste disposal activities (landfills & waste recovery activities)
Activities posing a threat to water quality, including: Municipal wastewater discharges
Licensing
Issued over 3,000 Licences
IED & IPC 1,100
Waste (licences) 320
UWW (licence) 500
UWW (Certifications) 700
GMO 600
All of which require a full, detailed environmental assessment of impact
before the decision can be made
Approximately 200 licensing decisions, involving extensive environmental
assessments, are made each year
Also, approximately 1,800 Radiological Protection Licences have been
issued, most of which are reviewed annually.
Licensing
Industrial Emissions Licensing
Embraces the Best Available Techniques (BAT) concept which is
enshrined in the Industrial Emissions Directive, i.e., an EU mandatory
requirement
BAT interpreted through the BAT Reference Documents (for each
sector) - the BREFs
BAT now mandatory by way of the BAT Conclusions Chapter of the
BREF
BAT Conclusions must be reflected in the permits / licences.
Licensing
Environmental Impact Assessment must be carried out for
many IED, Waste and WWDL activities
EIA is done in light of C50/09 judgement
EIA involves close and effective collaboration with local
Planning Authorities and / or An Bord Pleanála
Appropriate Assessment screening required for all
applications
Full appropriate assessment required for many applications
AA work tracks the Habitats Directive, EU Guidance,
National legislation and case law
Staying ahead of EU and National case law is a full time job
Integrated Decision Making
Parallel systems for planning and environment
EPA decision making facilitated by integrated licensing
systems
EPA required to consult other regulators (planning
authorities, DCENR, DoE (foreshore), HSE, HSA, fisheries,
etc.)
EPA also a statutory consultee for others
MoUs with ABP and others to facilitate integration
Decision Making
Decisions
Board
Director
Authorised Person
Legislation carries many stipulations to be met in decision making, e.g.
Section 82 of the EPA Acts mandates that:
“The Agency shall not grant a licence unless it is satisfied that any emissions
from the activity will not cause environmental pollution”
Similar provisions in all of the other relevant pieces of legislation governing
licensing & permitting
Licensing
Delegation of decision making, where appropriate:
Board of the Agency reserves to itself the role of decisions where the
proposal is High Profile, Contentious, Complex, Precedent creating,
Greenfield sites, larger investments
A Director of the Board may make decisions where the general
approach is agreed by the Board, the decision is of a routine nature,
the environmental issues are well understood
Simple decisions and decisions of a bureaucratic nature may be
delegated to an Authorised Person.
The Licensing Inspector who carried out the assessment of
an application presents the work to the Board of the Agency
or to the decision-making Director