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The Process of Development of IPPC Legislation

The Process of Development of IPPC Legislation. Robert Sarlamanov MA, IPPC Expert Ministry of Environment and Physical Planning, Bercen Exchange Programme, Prague, October, 2004. The Law on Environment and Nature Protection and Promotion (still in force);

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The Process of Development of IPPC Legislation

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  1. The Process of Development of IPPC Legislation Robert Sarlamanov MA, IPPC Expert Ministry of Environment and Physical Planning, Bercen Exchange Programme, Prague, October, 2004

  2. The Law on Environment and Nature Protection and Promotion (still in force); Single declarative provision on IPPC; No subsidiary legislation; No templates; Technical-environmental studies in place; Situation until September, 2002

  3. Current legislation: Act for protection and improvement of the environment” (Articles 28 and 30); Forthcoming legislation Law on Environment – Chapter on: Integrated Environmental Permitting and Chapter on Adjustment Plans; Special Laws on air quality, water, waste management IPPC in the Macedonian Legislation

  4. September, 2002 – September, 2004; Multidisciplinary approach; Multi-sectoral approach; Transparency; Public Involved Process of Development of National IPPC Regulation

  5. Leaving the old “command & control” policy; Adopting the DIALOG policy with the industry and the public in general; The goal – high level of protection of environment as a whole Industry & other Stakeholders Involved

  6. GAP Analysis; Drafting; Stakeholders’ participation; Tuning; Entering governmental procedure; 1st reading in the Parliamentarian commissions; Public debates; Stakeholders, comments Final drafting; Table of concordance; Parliamentary Procedure; Adopting the Law Methodology

  7. The Law on Environment (IPPC regulation); IPPC Decree (issued by the Government, defining the list of A and B IPPC activities and the applying schedule); IPPC Ordinance (issued by the MEPP, defining the procedure and templates) Results

  8. Finalised: National Inventory of current A IPPC Installations; IPPC Brochure Draft versions: IPPC Manual (Internal and external); IPPC Guide for Industry Preparatory phase: Manual for development of Adjustment Plans; Pilot Integrated Environmental Permit Supporting results

  9. Done: 70% of the potential IPPC Installations visited; Training for the MEPP IPPC related employees; IPPC Seminar for the Industry Planned: Training for IPPC related MEPP employees; Training for LSGU staff; Training seminar for each IPPC sector Other activities: Training for IPPC experts (BAS action); Development of Adjustment plans for 250-300 SME through BAS trained consultants Activities

  10. Defines and precise the: Activities under IPPC regulation (A and B); Significant changes of the existing installations???; Time-schedule for applying for an Integrated Environmental Permit or Adjustment permit; Environmental score sheet for determining the charges IPPC Decreefor Determining the Installations for which an Integrated Permit is required and Time Schedule for submission of the Adjustment Plans

  11. What is it: Obligation for Operators that will apply for Adjustment permit; Sets the operating conditions of the installation including the ELV and EQS to all environmental media; Sets the time schedule for applying the conditions; Determines BAT for the concerned location; Considers the best practices for the existing technology; Plan how to reach BAT in sustainable way Adjustment Plan

  12. Installations falling under A list of activities: A Integrated environmental permit (new installations); A Adjustment permit with approved Adjustment Plan (existing installations) Installations falling under B list of activities: B Integrated Environmental Permit (new installations); B Adjustment Permit with approved Adjustment Plan (existing installations, based on lower BAT standards; Type of Permits

  13. The schedule for applying for Adjustment Permit is being developed according: Assessment of the economic impact from IPPC Implementation (including productivity factor); General assessment of the technical level in IPPC sectors (both: technology used and techniques applied); Pollution risk assessment by different IPPC sectors and different installations Schedule for Applying for Integrated/Adjustment Permit

  14. Applying schedule MINERALS OTHERS METALURGY 31.12.06 31.12.07 Start 01.01.06 END of applying 31.12.08 30.06.06 30.06.07 30.06.08 ENERGY CHEMISTRY WASTE management

  15. Adjustment Period - Implementation Plan B A T level METALURGY OTHERS MINERALS END of applying 31.12.08 Start 01.01.06 END of adjustment period 01.04.14 ENERGY CHEMISTRY WASTE management

  16. Existing Installations: Compliance with BAT norms by development of an Adjustment Plan (2006-2009) and their implementation until April, 2014, or Comply with BAT standards immediatelyandApply directly for Integrated Environmental Permit New Installations: For new installations (2006-01.07.2007) by choice: Immediately BAT or Adjustment Plan For new installations after 01.07.2007, immediate compliance with BAT IPPC Implementation Plan

  17. Criteria for charging an individual installation: Environmental impact (emissions to air, water, soil and other influences); Environmental management (EMAS, ISO 14000, not certified); Sensitivity of receptors (close to inhabited or protected area); Other criteria – eco-labeling or voluntary agreement Charges determination

  18. IPPC Ordinancefor Regulating the Procedure for obtaining A Integrated Environmental Permit • Format and the content of the Registar of A Permits; • Format and the content of the Application for Integrated/Adjustment Permit; • Applying Procedure; • Procedure in case of trans-boundary impact. • Content of the A Integrated/Adjustment Perrmit; • Content of the Adjustment Plan; • Procedure for negotiation on the Adjustment plan conditions;

  19. Look if installation is under IPPC Pr ocedu r e yes Preparation for applying for Integrated permit D i ag r am Submission of application to the Regulator Assessment of Additional data required Approval the Application Improvem ent of the Applicatio n Announcement of the application Public participation Negotiations between the Operator and the Regulator Decision on issuing of an Dispute Permit Announcement Commission of the Permit

  20. Advantages: Good overview of the situation; Legislation and sub-legislation ready Awareness materials distributed; Training programmes for administration and consultants; Covering 50% of the costs for development of the Adjustment Plans; Relatively long adjustment period Implementation remarks

  21. Disadvantages and risks: Bad socio-economic factors in most of the sectors; Low enforcement capacities; Low administrative capacities especially on municipal level Possible resistance from the industry; Possible low consultant capacities; Relatively short implementation period for certain installations Implementation remarks

  22. Thank youRobert Sarlamanov, MAMEPProberts1@mt.net.mkrsarlamanov@moepp.gov.mkmob: ++ 389 70 69 69 89work: ++ 389 2 3066 930 ext:128

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