The Environmental Code and Integrated Permitting (the IPPC way)

1. The Environmental Code and Integrated Permitting(the IPPC way) Bo Jansson Swedish Environmental Protection Agency bo.jansson@naturvardsverket.se

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

3. 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)

4. Administration – an overview 200 130+500 700 1500 60 Environmental courts

5. 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

6. 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

7. 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 16 (15) Environmental Quality Objectives

8. Annually progress reports Environmental Objectives Council Current conditions are enough Can be achieved but further measures are needed Very difficult to achieve Are we getting there??(within one generation)

9. Objectives and interim targets (2005) • 16 Quality Objectives • 72 Interim Targets • 23 • 34 • 14

10. 2 Clean airAir must be clean enough not to present a risk to human health or to animals, plants and cultural assets (2005)

11. Interim targets • SO2, 5 mg/m3, annual mean, (2005) • NOx, 20 mg/m3, annual mean (2010) 100 mg/m3, hourly mean (2010) • Ozon, 120 mg/m3, 8-hour mean (2010) • VOC, Sweden´s emission reduced to 240,000 tonnes per year

12. Need for more interim targets • Particles • Benzene • ? • ?

13. New interim targets (2006) • Particles • A level of PM10 of 35 mg/m3 as a daily mean (2010) • A level of PM 2,5 of 20 mg/m3 as a daily mean (2010) • Benzo(A)pyrene • A level of 0,3 ng/m3 as an an annual mean (2015)

21. 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 • Productchoice principle

22. 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

23. 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

24. 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

25. 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

26. Product Choice Principle • Hazardous chemical products should be avoided if other less dangerous products can be used instead

27. 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

28. 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)

29. A-activities • Iron and Steel Plants (25) • Oil Refineries (5) • Pulp and Paper Plants (65) • Large Combustion Plants (200 MW) (~30)

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

31. Permit organisation – A level

32. The Environmental Courts4 members • Legally Qualified Judge • Environmental Adviser • Expert member (industrial operation experience) • Expert member (public environmental exp.)

33. EIA/ Content of application • Environmental protection law 1969 • IPPC directive • EIA directive • Swedish permit legislation today: A mixture of all 3

34. 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

35. 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

36. 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)

37. BENCHMARKING BAT COST EFFICIENCY Conditions ELV or other NATIONAL QUALITYOBJECTIVES SITUATION IN RECIPIENT ENVIRONMENTALQUALITY NORMS

38. Flow chart - Idea to permit consultation Operator needs a permit Operator sends application To Environmental Court Local env. Authority Regional env. Auth. SEPA RV Public Other auth. Env. Court sends appl. To authorities Is appl. Complete? PERMIT Is issued Authorities suggest improvements (written document) Public hearing Company improves application Company replies on given views Court decides appl. Is OK Court adverts in local papers inviting Public to give views Court asks auth. for their views Authorities give their views on application In a written statement Suggesting conditions for permit

39. 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

40. BAT -BREF • IPPC Directive • Directive 96/61/EC on Integrated Pollution Prevention and Control • BREF BAT Reference Document BAT - Best Available Technique

41. BREF http://eippcb.jrc.es Pulp and Paper Industry Iron and Steel Industry Cement Industry Chlor-Alkali Industry Non-Ferrous-Metal Industry Refineries Waste Incineration Storage of Chemicals Organic Fine Chemicals Large Combustion Plants ~35 adopted BREFs

42. 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

43. 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

44. 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

46. Ökad produktion – minskade utsläpp Index